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The Enemy Property Act, 1968 is an Act of the Parliament of India which enables and regulates the appropriation of property in India owned by Pakistani nationals. The act was passed following the Indo-Pakistani War of 1965. [1] Ownership is passed to the Custodian of Enemy Property for India, a government department. [1]
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013 or LARR Act [1] or RFCTLARR Act [2]) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India.
The most recent advance towards equality in land rights in India was the Hindu Succession Act of 2005. This act aimed to remove the gender discrimination which was present in the Hindu Succession Act, 1956. In the new amendment, daughters and sons have equal rights to obtain land from their parents. [14]
If the government appears to have acted unfairly, the action can be challenged in a court of law by citizens. [13] Land acquisition in India is currently governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which came into force on 1 January 2014. [14]
The bill for restoring the mortgaged lands to the owners was not allowed to become operative as a law by the newly-formed Government of Pakistan. [2] The bill awaited formal assent of the Indian Viceroy in 1947, to go into effect as a law but the newly arrived Indian Viceroy left the decision of the implementation of the bill to the upcoming government of Pakistan.
The Constitution of India originally provided the right to property is a legal right under government only (which includes land) under Articles 19 and 31. Article 19 guaranteed that all citizens have the right to acquire, hold and dispose of property.
The Interpretation of the Act, says "Immovable property does not include standing timber, growing crops or grass". Section 3(26), The General Clauses Act, 1897, defines, " immovable property" shall include land, benefits to arise out of the land, and things attached to the earth, or permanently fastened to anything attached to the earth.
Independent India's most revolutionary land policy was perhaps the abolition of the Zamindari system (feudal landholding practices). Land-reform policy in India had two specific objectives: "The first is to remove such impediments to increase in agricultural production as arise from the agrarian structure inherited from the past.