Comparison of New and Old Land Acquisition Act

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LA Act 1894 & LA and RR Act 2013
- A Comparative Analysis
Rapid industrialization is critical for maintaining the growth of our economy. However, in recent time it has been observed that land acquisition has become a limiting factor in India’s industrialization. Hence, it had become imperative that a new land acquisition act was ushered in in-order to streamline the land acquisition mechanism in the country in a manner that balances the interests of affected families with the need of the Infrastructure Industry.

Land Acquisition Act, 1894
Ever since its enactment, the ”Land Acquisition Act, 1894” has been subject to controversies and fierce debate. Notwithstanding rounds of amendments, including the 1984 changes, it has failed to address some important issues associated with land acquisition particularly forcible acquisitions, definition of "public purpose" , widespread misuse the of "urgency clause", compensation, lack of transparency in the acquisition process, participation of communities whose land is being acquired and virtually no rehabilitation and resettlement package. Further weak implementation and ineffective administration at the ground level has increased the suffering and anguish of the people. Due to a lack of clear definition of "public purpose", there has been considerable difference of opinion among various judgments of the Supreme Court, finally resulting into granting very broad discretionary powers to the State in terms of deciding the contours of "public purpose" under particular circumstances. All these factors coupled with the urgent need to industrialize have put land acquisition at the heart of the debate in India.
The need for a new Act
The Land Acuisition Act 1894 has proved to be deficient in many respects. Some of shortcoming of the LA Act 1894 includes:
• Forced acquisitions: Under the 1894 legislation once the acquiring…...

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