Legislating for Justice

The Making of the 2013 Land Acquisition Law

Inbunden, Engelska, 2015

306 kr

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Beskrivning

Land ownership in India has always been a risky proposition. The hitherto unfettered power of acquisition and the refusal of the Parliament to recognize the right to own property as a fundamental one, had emboldened the state to stake claim on any land it saw fit. However, in the years 2012-2014, the Government of India embarked on an exercise to not just amend but to rewrite the law on acquisition. This process saw the radical polarization of public opinion into two sharp sides -those who saw acquisition as a necessary tool to India's development (given the absence of other mechanisms guaranteeing clear title), and those who were sharply opposed to an archaic relic that defied the rule of law. This book attempts to explain the rationale employed behind each and every provision by the then Minister and his Principle Aide who helped draft the law. The book is a firsthand account of the challenges faced and the factors that drove the decisions in regulating the State's approach to a resource that is arguably the most important in a land deficit people surplus nation.

Produktinformation

Utgivningsdatum:2015-05-28
Mått:149 x 223 x 22 mm
Vikt:454 g
Format:Inbunden
Språk:Engelska
Antal sidor:266
Förlag:OUP India
ISBN:9780199458998

Utforska kategorier

Mark- och fastighetsrätt inom Juridik
Stiftelser inom Juridik

Mer om författaren

Jairam Ramesh is Chair of the Future Earth Engagement Committee, a research platform on global sustainability. Formerly he was the Minister of Rural Development and Minister of State (Independent Charge) of Environment and Forests, Government of India. He is also a member of the Rajya Sabha, the Upper House of the Parliament of India.Muhammad Ali Khan is an advocate practicing in the Supreme Court of India. He was formerly the Officer on Special Duty to the Minister for Rural Development in the Government of India. Prior to that he worked as an Aide to Jairam Ramesh in the Ministry of Environment and Forests. He began his career working with the litigation team of Amarchand and Mangaldas, a premier Indian law firm.

Innehållsförteckning

Preface ; Acknowledgements ; 1. Overview ; 2. Social Impact Assessment ; 3. Procedure for Acquiring Land ; 4. Compensation ; 5. Rehabilitation and Resettlement ; 6. Retrospective Operation ; 7. Urgency Clause ; 8. Special Provisions for Scheduled Castes and Scheduled Tribes ; 9. The Land Acquisition Rehabilitation and Resettlement Authority ; 10. Miscellaneous Clauses ; 11. The Ordinance ; Conclusion: Acknowledging the Real Challenges ; Annexures ; Selected Debates in the Lok Sabha ; Selected Debates in the Rajya Sabha ; Index ; About the Authors