[Polity] Land Ordinance 2014 vs. Land Acquisition Act 2013: Salient Features, Comparison & Criticism

polity125 Comments

  1. LARR Act 2013
  2. Salient features of LARR-2013 Act?
  3. Why Land ordinance?
  4. Land Ordinance 2014: Salient Features
  5. Land ordinance: Critcism/Anti-arguments
  6. Appendix-I: Examples of Public Purpose acquisition
  7. Appendix-II: 13 central laws exempted
  8. Mock Questions

LARR Act 2013

  1. Land Acquisition, Rehab, Resettlement Act (LARR) 2013
  2. Department of Land resources under Rural Development ministry, implements this act.

But why was this law enacted?

  1. Land Acquisition means government/private company purchasing private land for “public purpose“.
  2. But, under the British-era Land acquisition act of 1894, the term “public purpose” was ambiguous and open to executive-discretion. So, poor peoples’ land was acquired at throwaway prices in pretext of development projects.
  3. Sometimes such projects never started, and the same cheap land was resold at higher price to real estate developers, without building anything for “public purpose”.
  4. With this tactic politicians, their sons-in-law and bureaucrats made billions out of thin air. LARR act-2013 tried to fix this problem.
Land Acquisition, Rehab, Resettlement Act (LARR) 2013

Land Acquisition, Rehab, Resettlement Act (LARR) 2013

Salient features of LARR-2013 Act?
Colonial Act 1894LARR Act 2013
The term “public purpose” was ambiguous and open to Government’s discretionClearly defines various types of “public purpose” projects for which, Government can acquire private land. (Refer to appendix-1)
Land could be acquired forcibly.
  • For private project, 80% affected families must agree.
  • For PPP project, 70% affected families must agree.
  • Only then land can be acquired.
They were given no voice in decision making.Under Social impact assessment (SIA) even need to obtain consent of the affected artisans, laborers, share-croppers, tenant farmers, fishermen, small traders, Desi-liquor den owners etc. whose (sustainable) livelihood will be affected because of the given project.
Government was free to decide how much money to pay while acquiring private land.
  • Compensation proportion to market rates.
  • 4 times the market rate in rural area.
  • 2 times in urban area.
  • Affected artisans, small traders, fishermen etc. will be given one-time payment, even if they don’t own any land.
No such restrictions on fertile landTo ensure food security:

  1. Fertile, irrigated, multi-cropped farmland can be acquired only in last resort.
  2. If such fertile land is acquired, then Government will have to develop equal size of wasteland for agriculture purpose.
  • if Government acquires the lands for private company- the said private company will be responsible for relief and rehabilitation of the affected people.
  • Additional rehab.package for SC/ST owners. Example- fishing rights over dam, 25% extra money if settled outside their native district and so on.
No such safeguardsState Governments have to setup dispute settlement authorities. Chairman must be a district judge or lawyer for 7 years.
No such accountabilityHead of the department will be made responsible, for any offense or mischief played from Government’s side. (although this made the officers very cautious given the media-trials. They’d sit on the files instead of taking any action).
If project did not start, then acquired land was secretly sold/leased to private players at sky-high prices.If project doesn’t start in 5 years, land has to be returned to the original owner.

Why Land ordinance?

  • 1894’s land act was bogus and exploitive. So Congress government enacted new law in 2013, with provisions for social impact assessment, fair compensation, dispute settlement and other fancy things.
  • LARR-2013 Act became effective from 1st January 2014.
  • But, this LARR Act-2013 established an extremely complex and impractical land acquisition process.
  • Holdouts: Jholachhap NGOs would instigate 20-25% of the affected families to stage holdout- promising them it’ll fetch them even higher prices. and Given the 70-80% consent requirement, the project will never kickoff.
  • Litigation: because local (and therefore corruption) Patwari and Tehsildars never maintain proper land records of who owns how much land.
  • This raised the land prices, red tapism and thus the overall project cost.
  • Neither the farmer could sell its land and move to urban areas, no the entrepreneur could buy the land and move towards rural areas.
  • Combined with Environment-activism and policy paralysis of UPA regime, the end result was infrastructure bottleneck, high inflation and fall in GDP.
Why Land Ordinance 2014

Why Modi had to bring Land Ordinance 2014?

  • As such those stringent LARR provisions did not apply to 13 central laws e.g. if land was acquired under Railways Act or Atomic Energy Act, then Social-impact assessment, market-rate compensation etc. were not applicable.
  • But this “Exemption” was given only for a year i.e. upto 1st January 2015. By the time, Government needed to amend those 13 acts so that LARR-like high compensation rates can be given to farmers in those projects also. But it was no possible to amend 13 central laws  because:
  1. Frequent Disruptions in Winter session (December 2014)
  2. Modi doesn’t enjoy majority in Rajya Sabha.
  3. some of the union ministries hadnot even prepared the bills.

Therefore, Government decided to use ordinance route under Article 123 of the Constitution.

Land ordinance 2014

Land Ordinance 2014: Salient Features
LARR-Act 2013Land Ordinance 2014
  • Mandatory 70% consent for PPP projects.
  • Mandatory 80% consent for private projects.
  • Mandatory Social impact assessment (SIA) for every projects.
Those “mandatory” things are no longer required for 5 types of projects:

  1. National security and Defense Production
  2. Rural infrastructure, Rural electrification
  3. Infrastructure and Social infrastructure
  4. Industrial corridors
  5. Housing for Poors.
SIA mandatory for every type of project.SIA not needed for

  1. Those five categories listed above
  2. PPP projects, IF Government owns the land.
Building private hospitals and private educational institutes will also count as “public purpose”. Means, they too can acquire land if 80% affected families agreed.
Compensation:

  1. 4 times the market rate in rural area.
  2. 2 times in urban area.
Remains the same.
Stringent provisions for relief and rehabilitation (R&R).remains the same
Private “companies” can acquire land for public purpose.Private “entities” can acquire. Meaning private companies, NGOs, trusts, foundations, charity bodies, proprietors etc. too can acquire land for “public purpose”.
If any mischief played on Government’s part then head of the department will be responsible.
  • Head of the department can’t be prosecuted without prior sanction of government (under CrPC Section 197).
  • This “immunity” is given to ensure bureaucrats don’t sit on the files, fearing media-trials and judicial activism.

Land ordinance: Criticism/Anti-arguments

  1. Given the “Immunity” against prosecution, Bureaucrats will play mischief in land acquisition, to help Raabert Vaadra types unabated.
  2. Those “five exempted categories” are very broad- particularly “infrastructure and social-infrastructure”. So, Pretty much all projects can be done without social impact assessment or taking consent of 70-80% of affected families. Entire LARR-2013 is made invalid through clever-wordplay.
  3. Social impact assessment (SIA) not required in five types of projects. So, local laborers, artisans, small traders will either get zero or very small relief package, even if their livelihood is lost because of industrial/infrastructure project.
  4. Private colleges and hospitals too can acquire land. BUT if they continue to charge hefty-fees then no real ‘public-purpose’ is served. Mushrooming of self-financed bogus-quality Engineering, Pharmacy and MCA colleges doesn’t help reaping India’s demographic dividend.
  5. Ordinance doesn’t specifically say that such private hospitals and school/colleges are exempt from “Social impact assessment” (SIA). But they too can dodge SIA-bullet by claiming it’s a “social-infrastructure” project.
  6. In parliamentary democracy, Ordinance should be used only for dire emergency. Modi could have waited till budget session, and get proper approval from parliament. [Counter-argument: there was deadline of 1/1/2015].

Appendix-I: Examples of Public Purpose acquisition

  1. Strategic projects e.g. missile silos, anti-aircraft batteries, artillery installments and army bunkers.
  2. All type of infrastructure projects and PPP projects.
  3. Cold storage, Packaging-Processing units for Agriculture produce, dairy, fisheries and meat.
  4. Industrial corridors and manufacturing clusters.
  5. Education, research, vocational institutes.
  6. Sports, healthcare, tourism, space-tech.
  7. Housing for low income group.
  8. Creating new houses/towns for people affected in natural or manmade disasters.

Appendix-II: 13 central laws exempted

  • If land is acquired for any of these 13 central laws, then LARR-2013 Act’s provisions will not apply (For a year).
  • Within that time, Government had to amend those 13 laws to give fair compensation. Since Modi couldn’t do it, he got an ordinance cleared to extends LARR-high-compensation rates to these central laws:
These Acts were exempted from LARR-Act-2013 but covered via Ordinance
Old ActYear
Land Acquisition (Mines) Act1885
Indian Tramways Act1886
Damodar Valley Corporation Act1948
Resettlement of Displaced Persons (Land Acquisition) Act1948
Requisitioning and Acquisition of Immovable Property Act1952
National Highways Act1956
Coal Bearing Areas Acquisition and Development Act1957
Ancient Monuments and Archaeological Sites Act1958
Atomic Energy Act1962
Petroleum and Minerals Pipelines Act1962
Metro Railways (Construction of Works) Act1978
Railways Act1989
Electricity Act2003

Mock Questions

Q1. Suppose, Government enacted a new law to acquire any land from anybody without any compensation, then which of the following fundamental rights will be affected?

  1. 19/b
  2. 19/c
  3. 19/d
  4. 19/e

Q2. Under Land ordinance 2014, consent of affected families and social impact assessment is mandatory for which of the following projects?

  1. Defense production
  2. Housing for low income group
  3. Rural electrification

Answer choices

  1. Only 1 and 2
  2. Only 2 and 3
  3. Only 1 and 3
  4. None of them

Q3. Under Land ordinance 2014, who among the following can acquire private land for public purpose?

  1. One person company
  2. Public limited company
  3. private limited company
  4. Educational trust.
  5. Religious charity organization

Answer choices

  1. Only 2 and 3
  2. Only 1, 2 and 3
  3. Only 1, 2, 3 and 4
  4. All of them

Q4. Under Land ordinance 2014

  1. Revenue officials at district and state level, can be prosecuted without prior approval of Government.
  2. Every state is mandated to setup a dispute settlement authority under retire chief justice of high court.
  3. Both A and B
  4. Neither A nor B

Q5. Land Acquisition, Rehab, Resettlement Act (LARR) 2013

  1. Provides compensation of 4xtimes market rates for land acquired near urban areas.
  2. Puts certain restriction on acquisition of fertilize land to ensure food security for India.
  3. Makes head of the department personally accountable for any illegalities committed by staff under him.

Answer choices

  1. Only 1 and 2
  2. Only 2 and 3
  3. Only 1 and 3
  4. All of them

Q6. Which of the following Central-department is responsible for implementing Land Acquisition, Rehab, and Resettlement Act (LARR) 2013?

  1. Department of Land resources
  2. Department of Land Development
  3. Department of agriculture
  4. None because it falls under State Government.

Q7. Which of the following act/ordinance exclude the jurisdiction of autonomous council during land acquisition process in 6th Schedule areas?

  1. UPA’s Land Acquisition, Rehab, Resettlement Act (LARR) 2013.
  2. Modi’s Land ordinance 2014
  3. Both A and B
  4. Neither A nor B.

Q8. President’s ordinance making powers are defined in Article ___?

  1. 121
  2. 122
  3. 123
  4. 124

Q9. President of India can make ordinance on which of the following matters?

  1. Price control
  2. Lunacy
  3. Gas and gas works

Answer choices

  1. Only 1 and 2
  2. Only 2 and 3
  3. Only 1 and 3
  4. None of them

Q10. IF parliament doesn’t approve an ordinance, it’ll expire in ___.

  1. Six days
  2. Six weeks
  3. Six months
  4. Immediately when both houses are adjourned-sine-die.

Q11. Consider following statements about the ordinance making powers of the President of India.

  1. He can issue ordinances in retrospective manner.
  2. He can repeal any act made by parliament using an ordinance.
  3. His ordinance powers are inspired from American Constitution.

Answer choices

  1. Only 1 and 2
  2. Only 2 and 3
  3. Only 1 and 3
  4. None of them

Q12. The fundamental right to acquire, hold and dispose of property, was eliminated by which amendment?

  1. 41st
  2. 42nd
  3. 43rd
  4. 44th

Descriptive Questions for Mains exam

  1. Lack of coherent policy on land acquisition has harmed both the farmers and entrepreneurs, discuss in the backdrop of LARR Act-2013 and Land Ordinance 2014.
  2. Narrate the circumstances leading to enactment of Land Ordinance 2014 and its likely impact on Indian economy.
  3. (Mains-2014) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has come into effect from 1st January, 2014. What are the key issues which would get addressed with the Act in place? What implications would it have on industrialization and agriculture in India?
  4. (Interview) What’re views on this whole controversy surrounding Modi’s ordinance raj?

For more articles on Polity and Rights issues, visit Mrunal.org/POLITY.

Mrunal recommends

  1. (free) NCERT, NIOS, TN-Books
  2. Environment by ShankarIAS
  3. Indian Polity M.Laxmikanth (Hindi | English)
  4. Art & Culture by Nitin Singhania (Hindi | English)
  5. Spectrum: Modern History (Hindi | English)
  6. Bipin Chandra: Post Independence
  7. Fast-track to Arithmetic Rajesh Verma
  8. MK Pandey’s Analytical Reasoning
  9. Disha’s Topicwise Paperset (Hindi | English)
  10. School Atlas
  11. Mains: Language papers
  1. (free) NCERT, NIOS, TN-Books 4 History,Geo,Sci
  2. Indian Polity M.Laxmikanth (Hindi | English)
  3. Spectrum: Modern History (Hindi | English)
  4. Maths: Quantam CAT Sarvesh Kumar
  5. Objective General English SP Bakshi
  6. Word Power made Easy -Norman Lowe
  7. Topic wise Solved Paperset by Disha


So far 125 Comments posted

  1. Ash

    what is the present number of attempts for CSE for general category ? is it 4 or 6 ?

  2. viraj

    The definition of land acquisition is partially incorrect. please remove private company from definition!

  3. @sak

    I spend two and half hour daily on reading hindu and making my own notes from it.is it normal and useful for upsc exam.???

    1. Make It Simple

      From my practice, whether your timing is efficient or not should be determined on two conditions,
      1) Whether you work or doing full time preparation? – I fall in the first category and for me spending 2 and hours purely for news paper and notes is more. What I do is, I take HINDU when I go to office, read it at every break available, underline with pen the points, scribble on the side of each page with relevant comments and mark at the tight top corner of the page with numbers which signify the number of topics that has to be noted from the page. I take the notes(not first reading) for the entire week, on Sunday (used to complete before10AM). One advantage what I felt with this method was that it saved time and gave me updated content for the same topic which will be published is series of days.
      Now if you are preparing full time, 21/2 hours seems to be ok. (I felt ok because my time table doesn’t have any schedule between 8.30 – 6.30 – all I update in this time is a bonus.)
      2) If you spend 2 and hours, it is ok if you can interlink the news with General studies concept and get additional points front and back. Also you should have gone through editorial and got points (either pros and con) about a topic.

      Some will fell this is too much. My analysis over the recently concluded prelims paper which I gave and the last two years mains show the importance of interlinking current affairs with subject.In this context no matter what time you allot, it should be efficient with holistic approach to prelims and mains.

      Disclaimer: Its my view and I follow it. Doesn’t encourage any one to do same. Time management should done on their own knowing their strength and weakness and all suggestions including the one by toppers just need need to be taken as an input and not as a rule.

  4. Sikander

    It was beautifully explained thanks….can u plz send me the answer key of this mock test at my Email….

  5. sarang

    Thanks murnal sir and all Frds for answer and there explaination ……

  6. Captcha

    Interested to know whether you’ll be putting up a renewed strategy for Mains 2015 and the analysis of Mains 2014.

  7. Abhishek Gupta

    Based on Q.11 option 3: From which country is the ordinance making power of the Indian President borrowed?

    I could not find this anywhere. Is it an Indian innovation?

    1. arpit dongre

      its indian innovation.rather unsual..as not in uk and us constitution

  8. somasekhar

    American president made an ordinance regarding illegal immigrants. So what is the difference between Indian and American president ordinances

  9. R.MOAR

    SIR IN THE NABARD OFFICER ONLINE APPLICATION FORM THEY ARE ASKING ABOUT STATE OR UT APPLYING FOR BUT IN THE ADVERTISEMENT THERE IS NO WHERE MENTION ABOUT THIS ..ARE WE ARE ELIGIBLE IN OUR HOME STATE ONLY OR WE CAN GET POSTED ANYWHERE .

  10. kushal

    Wow Mrunal sir! Just wow…explained in such eloquence tat i did not ve to do any additional effort to comprehend it…i wonder sometimes y r u not in NCERT…tat way learning would be less of a burden and more fun! Pls keep it up!

  11. siddharth saharan

    thanx for opening our eyes and making us analyse the true nature of acts amidst the tug of war b/w indian govts! we now can write good answers! thanx mrunal brother 🙂

    1. Siddhartha Fuller

      Padho be achhe se!

  12. Hemant

    Did anyone of you gave the exam of Assistant (D) conducted by ICAR? If yes, please share what could be the possible cut off marks in prelim? Do you guys have any information about the exact nature of this job? Please reply with whatever information you have regarding this exam? Thanks

  13. Arman

    Mrunal sir,
    can u pls tell me the approx duration of uploading markssheet of any exam conducted by UPSC(CAPF-2014)

  14. Vijay Dhamu

    Sir beautifully designed n explained……….just one humble request. Plz gv a detailed analysis of CPF 2014.

  15. shobha

    was jus waitin for such a comprehensive brief on land ordinance….. I Thank yu so much

  16. Shobha

    Doubtfull….

    Ethics integrity and aptitude by Nanda Kishore reddy,IIS & Santosh Ajmera, IIS

  17. Vivesh

    I think ans of q 10 should be D. Because if parliament has disapproved the ordinace it means voting has been done so just after adjournment ordinace will expire.

  18. kapyS

    Thanks. Please do an article on GST Bill, 2014 also. Bilkul bhi samajh nahi a raha.

  19. Ramesh

    1d
    2d
    3d
    4d
    5b
    6a
    7d
    8c
    9d
    10b
    11a
    12d

  20. keshav shandilya

    are mrunal’s weekly current affairs articles available in hindi medium as well.If yes then send me the link.My hindi med. friends need it for their preparation.

  21. Anwar

    Good example of ‘crony capitalism’…..

  22. INSAT

    Hi ,
    Please explain what article 13 of Indian Constitution says.
    If u know please share .

    1. Raddy

      I could not see previous comments.Could some one post the answer for the mcq.

  23. K ANANTH

    Hi Sir,

    I am a regular follower of your site. very supportive. It will be very useful if answers for the mock questions ( objective type) also posted though those questions were framed from content above.
    So that I can cross check.

    Thankyou

    ANANTH K

  24. Krishnan

    The ordinance power of the President was borrowed from which Constitution? The American? Please let me know the answer for Q7.

    1. Arunn

      Ordinance making power is a legacy of British Raj in India. It was incorporated from the Government of India Act, 1935 (wherein the Governor General was granted similar powers). During the freedom movement, this power was vehemently opposed by the Congress. Even while drafting the Constitution, some members of the Constituent Assembly objected to its inclusion, as being anti-democratic and having high likelihood of abuse. Nevertheless, this power, considered to be a necessary evil, was inserted in the Constitution. It is pertinent to point that the Constituent Assembly debates emphasize that this power is extraordinary and should be exercised sparingly at the times of emergency.

    2. Rakesh Kamal Yadav

      Krishan.. the ordinance power of the president was not borrowed from American constitution.. So answer would be D.

    3. Praveen_R

      The ordinance feature isn’t part of Britain parliament or US constitution , but was devised by the British to give super powers to the Viceroy.

  25. Rakesh Kamal Yadav

    1. (D)
    2. (D)
    3. (D)
    4. (D)
    5. (B)
    6. (A)
    7. (D)
    8. (C)
    9. (D)
    10. (B)
    11. (A)
    12. (D)

    1. Ankur

      Answer for 6-D, coz Land falls in State List, 9 – A coz they fall under concurrent list

  26. dev

    sir please answer

  27. madhu

    Worth reading..very concisely HV wrttn down all d features.thank u sir

  28. Swagata Tarafdar

    Very nice article, written in lucid language. Sir, it’ll be of immense help if u write another article on Modi’s ordinance Raj and Article 19 of the constitution, in the context of the recent attack on Charlie Hebdo.

  29. Viraj

    If SIA is not done (several cases do not require an SIA to be conducted), does it mean that the non-owners who are dependent on the land for their livelihood won’t be pointed out and hence not given any relief?

  30. vishal

    Wow mrunal sir..eloquently explained all angles of issue..Thanx

  31. Jude_Prudence

    Jai Ram Ramesh’s criticism

    1. Fast track includes PPP
    2. With SIA waived off, collector decides what is “public purpose” and “how fast” acquiring to be done
    3.Acquisition of multi cropped land.

  32. Amol Amte

    Very nicely explained.

  33. MASIH KHOYA

    LAND SHOULD BE RETURN TO ITS OWNER IF NOT IN USE FOR 05 YEARS

    1. M KHOYA

      my land is aquired 50 year ago for poultry farm but no any construction by state govt. what I have to do

  34. satyendra ghanghoriya

    which book should be the read for world constitution.

  35. nidhi

    Answer for question 10 would be (D) right???

  36. Jaimini

    Hi. I visited this blog first time only. not preparing for civil, just wanted to know basics of LARR and all brouhaha going on. It was really explained nicely. Thanks

  37. Juhi Singh

    Hi, in comparision between LARR & Land ordinance: Under LARR “Private companies CAN or CAN’T acquire land for public purpose”? Please let me know the correct answer. I think it should be Can’t but just checking if its a typo or they can?

    1. Henry Krinkle

      While the LARR Act, 2013 was applicable for the acquisition of land for private companies, the Bill changes this to acquisition for ‘private entities’. A private entity is an entity other than a government entity, and could include a proprietorship, partnership, company, corporation, non- profit organisation, or other entity under any other law. Source – PRS India website – Bill Summary
      The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill, 2015

  38. Abhishek

    NICE tutorial.

  39. shanker

    right to property only remain a legal right present act doesn’t infringes any of fundamental right of indian constittion

  40. Sujit

    Indian constitution provides Joint session for state legislature in case of deadlock?
    advice of minister is binding on Governor of state?

    plz can anyone explain this queries……

  41. Priya

    Dear Sir

    I think that the LARR Act, 2013 stated that the 13 Acts exempted from its purview at the time of enactment had to be brought in consonance with it (within a period of 1 year from the date of enactment) through a notification. (A Govt. notification would have sufficed in this case and there was no need to amend all of the 13 laws separately, had the Modi govt. no intention of making any amendments in the LARR Act, 2013 itself.)

    Hence, though I feel that the complex and impractical character of the LARR Act, 2013 (as rightly pointed out by you) made it necessary to amend the Act itself and therefore the Ordinance (owing to lack of majority in the Rajya Sabha), the 13 laws have nothing to do with it.

  42. kumar nishant

    @mrunal sir. i’m watching your videos, they are awesome. but i hv a query about polity. do i need to read political science ncert, if i’m preparing upsc-cse. isn’t laxmikant sufficient?

  43. Sahil Mulla

    No buddy its not an Indian innovation. We have taken it from Govt of india act 1935

  44. vinod agrawal, raipur

    1) official gazette publication after news paper publication & public notice of substance place in section 4
    2) Public notice in section 6(2) have not publish
    3) schdule two benifit canbe available for land owner whose land is aquired under proceeding under land acquisition act 1894
    4) award prepare without consideration of attached assets, schdule two and market rate of open area

    pls give reply

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