New retrospective clause is added in Land Act providing more benefits

By Accommodation Times News Services

land-150x150The recently passed Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act’ is been in much talk since it was introduced regarding the clauses and provisions. Again, new retrospective clause is added in the Act by the Rural development Ministry ease the provisions in the draft rules to the Act. The changes are observed for enabling more benefits to the people and to those also whose land has been acquired but who has not taken compensation or given up possession yet can choose to benefit from the new legislation.

The Act, which replaces the Land Acquisition Act, 1894, has sought to correct the low rates of compensation under the old Act by providing compensation of up to four times the market value in rural areas and twice the market value in urban areas. The legislation also provides for rehabilitation and resettlement benefits in addition to one-time cash payments. The new clauses will provide more monetary benefits and will reach everyone whose land is acquired.

As per the retrospective clause, the Act had will be applicable on all the cases where the land is acquired five or more years prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid.

The Act was thus silent on those whose land may have been acquired within the last five years but who have not taken compensation. However, in the draft rules, the ministry has clarified that even those acquisitions (where compensation/physical possession has not happened) which would have been excluded from the benefits of the new Act because they have remained pending for less than five years will now be included, if the “situation of dependency continues unchanged for a period that equals to or exceeds five years”.

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