Can the government take your land? News related to new land acquisition law – StudyToperC

Being the owner of land in India is a major achievement and security for every person. But many times the government needs private land of people for development works. In such a situation, the question arises in the minds of people that can the government take their land forcibly? Is there any law for this? If the government takes land, what rights do the owner get and is it compensated? Recently, there have been many changes in the laws related to land acquisition, which is necessary for every landowner.

In this article, we will tell you what is the land acquisition law, when and how the government can take your land, what are the new rules, what are the latest decisions of the Supreme Court, and if your land is taken then what things should you take care of. Also, we will also tell you that if the government has taken your land and does not use it, can it be found back. Let’s know every important information related to land acquisition in easy language.

Land Acquisition Law in India: What is the Land Acquisition Act?

Land acquisition law purpose

• Giving the government the right to take land for public interest (eg road, railway, school, hospital).
• To guarantee proper compensation and rehabilitation to the landowner.
• Transparent and justified to the entire process.
• To protect the rights of landowners.

When can the government take your land? (Land Acquisition rules)

The government can take your land only when:

• Land should be acquired for public interest, such as road, railway, government projects.
• The entire legal process should be followed.
• The landowner should be informed in advance and listened to his objection.
• The landowner should be given proper compensation and rehabilitation.
• Consent required for the acquisition – 70% in the private project and 80% of the owners in PPP project is required.

New instructions of Supreme Court

• Taking land without proper procedure is illegal.
• The government will have to clearly explain the purpose of acquisition.
• It is necessary to inform the landowner, hear objections and compensation.
• The entire process of acquisition should be completed in the stipulated time.
• If the government does not follow the rules, then the landowner can challenge in the court.

Land Acquisition Process

1. Notification issues: The government first issues notice of acquisition.
2. Public hearing and objection: The landowner can register his objection and participate in the public hearing.
3. Compensation to be fixed: The government determines compensation according to the market value of the land – 4 times in rural areas, 2 times in urban.
4. Consent: Private and PPP projects require the consent of the owners.
5. Compensation and rehabilitation: The land is transferred to the government only after getting compensation. The government is also responsible for rehabilitation and restoration.
6. Expiry: The government can use the land only after the entire process.

Compensation and Rehabilitation

• Compensation: The government gives compensation as per market price. 4 times in rural areas, up to 2 times in urban.
• Rehabilitation: Place, employment, and other necessary facilities are provided to the affected families.
• Transparency: The entire process should be transparent and it is the duty of the government to give every information to the owner.

Can the government take your land forcibly? (Can Government Take Your Land Forcefully?)

• The government cannot take your land without a legal process.
• If the government does not follow the rules, then you can file a case in the court.
• Religious places, cemeteries, and some protected places cannot be acquired.
• After the acquisition, the government cannot sell the land, only on lease.

New Rules: Land Return Policy if not used for 5 years (Land Return Policy)

Recently the government has made a new proposal:

• If the acquired land is not used for 5 years, that land can be given back to the real owner.
• An objection cannot be lodged 3 months after the announcement of compensation.
• An online portal will be created for the entire process.
• This rule will be applicable especially for highways and large government projects.

Land Owner Rights in Land Acquisition Act

• Right to receive information about acquisition.
• The right to register objection and participate in public hearing.
• Right to get appropriate compensation.
• Right to rehabilitation and restoration.
• Right to challenge court.

What are the things to keep in mind in land acquisition?

• Keep a copy of it as soon as the acquisition notice is received.
• Participate in public hearing and register your objection.
• Get information about compensation amount and rehabilitation facility.
• If the rules are not followed, then file a case in the court.
• After the acquisition, keep an eye on what the government is using the land for.

Faq on Land Acquisition Law

Q1: Can the government take my farming land?
Yes, but the consent of 70% of the affected families is necessary and appropriate compensation will have to be paid.

Q2: When and how will be compensation?
The compensation acquisition is given as soon as possible after the completion of the process.

Q3: Can the government sell acquired land?
No, the government usually does not sell land, only on lease.

Q4: What would happen if the government did not use land for 5 years?
According to the new proposal, the land can be given back to the real owner.

Q5: Can all lands be acquired?
No, religious places and some protected areas cannot be acquired.

Benefits and Damage of Land Acquisition Act (Pros and Cons Table)

Important Bullet Points related to land acquisition

• The government cannot take your land without a legal process.
• The purpose of public interest is necessary for acquisition.
• Notification, public hearing, and compensation process is mandatory.
• There is a provision for return if land is not used for 5 years.
• Every owner has the right to challenge the court.
• Religious and protected places cannot be acquired.

conclusion

The purpose of the land acquisition law is to make the development works of the country easier, but at the same time to protect the rights of landowners. Special emphasis has been laid on transparency, appropriate compensation, and rehabilitation under the new rules. If the government takes your land, then you must get information and rights of every step. In the event of any disturbance or violation of rules, you can resort to the court. According to the new proposals, if the government has acquired your land and did not use it for 5 years, then it can be found back. In such a situation, it is very important for every landowner to have complete knowledge of his rights and laws.

Disclaimer:
This article has been written only for the purpose of information. The Land Acquisition Act is completely real and applicable. The government can take your land only under public interest and law. If your land is taken, then you have the right to proper compensation and rehabilitation. To avoid any fraud or misinformation, always seek government notifications and legal advice.