Land Acquisition Act Amendments
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Questions and Answers

According to the article, what is the Maharashtra state government considering regarding land acquired for various government projects?

  • Returning the land to the original owners if it is not being used for the intended projects (correct)
  • Selling the land to private developers
  • Leasing the land to local farmers
  • Using the land for alternative commercial purposes

What is the Supreme Court's directive regarding land acquired for specific projects?

  • It can be reallocated for private commercial ventures
  • It must be used for any public purpose
  • It should be converted into residential areas
  • It must be used only for the originally intended public purpose or auctioned off for another public purpose. (correct)

What has been causing difficulties in returning land to farmers in Singur, West Bengal?

a Supreme Court ruling that makes it difficult to return land acquired for a public purpose back to its original owners

According to the article, the Maharashtra state government has determined the exact measurements for all the land that the government possesses.

<p>False (B)</p> Signup and view all the answers

What types of projects caused the government to take land as early as 1930?

<p>railways, roads, and dams</p> Signup and view all the answers

What is the Maharashtra state government planning to do, to address the issue of land lying unused?

<p>Amend the land acquisition law to allow returning the land to the original owners (B)</p> Signup and view all the answers

What is one of the problems that has arisen from simply leaving the land government-owned and unused?

<p>encroachment</p> Signup and view all the answers

What is the state government hoping to generate, by returning the land?

<p>Tax revenue (A)</p> Signup and view all the answers

The article mentions that the land to be returned cannot be used for any government purpose.

<p>True (A)</p> Signup and view all the answers

Name a railway project mentioned in the article where the acquired land has been lying unused since 1935-36.

<p>Railway line acquired in Tumar (A)</p> Signup and view all the answers

Name a dam project mentioned in the article where the land acquired has been lying unused since 1956.

<p>Nadar Khandarmal dam project (A)</p> Signup and view all the answers

Flashcards

Land Acquisition Law Change

Land acquired for government projects but unused may be returned to original owners.

Bhaskaran Pillai vs. Kerala State Govt.

A legal case stating land acquired for public projects must be used for those projects or auctioned for similar purposes.

Proposed Law Change Purpose

The revenue department proposes changing land acquisition laws to allow returning unused project land.

Unused Government Land

Many government-acquired lands remain unused due to projects not materializing.

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Challenges of Land Return

Difficulties arise when trying to return land due to legal interpretations and practical challenges.

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Problems with Unused Land

Unused government land can lead to encroachment and loss of revenue.

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Land Return Charges

Minimum charges might be imposed when returning land to original owners.

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Benefits of Land Return

Revenue can be generated by returning unused land to owners for their use.

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Unused Railway Land Example

Acquired in 1935-36 and remains unused due to railway line changes.

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Unused Dam Land Example

Land acquired in 1956 for a dam project but remains unused due to changes in the original plan.

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Reverting Government Land

A policy to revert lands that were previously state-owned back to their original owners.

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Reasons for Land Reversion

Land reverted due to reasons like failure to cultivate, breach of conditions or absence of tenants.

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Causes leading to govt land

Several, sometimes long-standing reasons can cause land to be under government control.

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Beneficiaries of Reversion

Many citizens stand to gain ownership of land through reversion policies.

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Costs associated with reversion

Government requires a fee when transferring the land back to the original owners.

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Land Reversion Charges

Land reversion involves some amount to be paid to the government.

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Tukada Bandi

A rule that had previously restricted the subdivision of land.

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Tukada Bandi Cancellation

Easing restrictions relating to plot sizes for land covered under development or regional plans.

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Effect of Tukada Bandi Cancellation

Many now-legal houses can now be made 'official' due to easing of subdividing restrictions.

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Restrictions after Tukada Bandi

Land cannot be regularized if it violates zone rules or obstructs road widening.

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Removing 'Satbara Utara'

The government removes a prior condition requiring a 'Satbara Utara' to buy farmland.

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Lifting 'Satbara Utara'

The necessity of a 'Satbara Utara' is lifted only in areas with development or regional planning underway.

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Sam-Visham

The Sam-Visham plan involved allowing vehicles an odd and even plate one day apart.

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Purpose of Sam-Visham

To reduce pollution in the city, and so cars can only arrive on the days designated.

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Effectiveness of the plan

The municipal organizations and government take a look at the efficiency behind the system.

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Restrictions post Tukada Bandi

Even if the prior criteria are met for Tukada Bandi, there are factors making land hard to reobtain.

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Land after Tukada Bandi

Areas already assigned certain uses will not be broken apart.

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Advantage of Tukada Bandi

Plans can now be developed with greater flexibility for those with smaller lands.

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Govt policies in Land Changes

This has a large history behind it, and can get confusing without knowing.

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Advantages of Land Change.

Sam-Vishmam can allow for much more land.

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Study Notes

  • Land Acquisition Act changes are in preparation per government proposal
  • Aim is to return fallow land originally acquired for projects.

The Need for Change

  • State governments are considering returning land acquired from farmers for public projects if it is unused.
  • Many acquired lands remain fallow due to project cancellations.
  • These lands cannot be utilized for other public purposes.
  • Some locations face logistical challenges in auctioning.

Court Directives and Land Usage

  • The Supreme Court ruling in Bhaskaran Pillai v. Kerala State mandates acquired land be used for its original public purpose or auctioned for the same.
  • This ruling complicates returning unused land to original owners

Singur Case Obstacles

  • Challenges arose in Singur, West Bengal, due to court rulings when attempting to return land to farmers.
  • The state government enacted a separate law that was subsequently overturned by the court.

Encroachment Issues and Revenue Loss

  • Land titles remain under government names, preventing owners from collecting revenue and leading to encroachment.
  • Pavana dam project experienced land misuse.
  • Fallow lands generate no revenue for the revenue department.
  • The State government is facing encroachment problems.
  • Landowners requesting the return of their land.

Proposed Solutions

  • Amendments being considered within the Land Acquisition Act
  • Returning land to the original owners would allow the local government to collect revenue and allow local people to use the land, whereas a present the government receives nothing and the owners gain nothing

Delayed Projects Highlighted

  • Government acquired 157 hectares of land in 1935-36 for a railway line where the route was changed for some reason.
  • The land has been fallow ever since
  • 500 hectares of land acquired for the Nadar Khandarmal project in Sangamner Taluka during 1956 is still state owned
  • Land acquired for a national highway and the Pavana dam project in the Satara district remains unused

Land Restitution Initiative

  • Maharashtra government plans to return government-held lands to original owners due to violations of agreements and other issues
  • This will provide ownership rights to a large amount of citizens

Background of Land Acquisition

  • Lands were initially leased to cooperative societies with specific conditions
  • Land was forfeited due to non-compliance, non-payment of dues, and violations of agreements

Minister's Statement

  • Minister states that a decision has been made to return all such land
  • An ordinance will soon be issued for this purpose.
  • A nominal fee will be charged when transferring the lands

Abolition of Tukda Bandi

  • Restrictions on land fragmentation have been lifted in development and regional plans.
  • This will help legalize previously unauthorized homes while adhering to reservation and road-widening rules.
  • Requirements to produce a 7/12 extract to obtain farmland have been eliminated within areas under development and regional plans

Requirements for LBT Exemption

  • A letter from the municipal corporation is needed for the LBT tax to stop being collected.

Kolhapur Announcement

  • The government will transfer fallow land to farmers’ names within three months
  • This announcement was made by Revenue Minister Eknath Khadse in Kolhapur.

Location and Participants

  • This announcement was made at a water conference held in Tamnakwada in the Kagal district of Maharashtra.
  • Key figures present included Cooperation Minister Chandrakant Patil and BJP spokesperson Madhav Bhandari.

Government Actions

  • Independent officer to monitor the progress for Kolhapur district water projects
  • Reviews every three months.
  • Land given to project affected people will be Class 1 land
  • A decision was made to transfer the ownership to the local people according to Khadse

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Description

Proposed changes to the Land Acquisition Act aim to return unused land acquired for public projects to the original owners. State governments face challenges due to court rulings and logistical difficulties in auctioning fallow land. Encroachment and revenue loss are major issues.

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