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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 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.
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.
The Twenty-fifth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fifth Amendment) Act, 1971, curtailed the fundamental right to property, and permitted the acquisition of private property by the government for public use, on the payment of compensation which would be determined by the Parliament and not the courts. [1]
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]
The law concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India. Before this Act, forest-dependent communities, especially Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs), did not have official recognition of ...
"immovable property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of the land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.
Under zamindari tenure, the land was held as independent property, and under ryotwari tenure, it was held of the crown in a right of occupancy, which under British rule was both heritable and transferable by the ryots. The former system prevailed in northern and central India and the latter in Bombay, Madras, Assam and Burma. [11]