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Legislating for Justice: The Making of the 2013 Land Acquisition Law

Legislating for Justice: The Making of the 2013 Land Acquisition Law

Author: Jairam Ramesh; Muhammad Ali Khan
Publisher: Oxford University Press
ISBN: 9780199458998
Published In: May 2015
Format: Hardback , 266 pages
Jurisdiction: India ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

First hand account by the framers of the law
Explains the rationale behind the new law
First-hand account of the challenges faced and the factors that drove the decisions
Highlights the deficits that still affect India's land rights jurisprudence

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 â those who saw acquisition as a necessary tool to Indiaâs 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 Stateâs approach to a resource that is arguably the most important in a land deficit people surplus nation.

Readership: Institutional libraries, departments of law, judicial academies, policy-makers, and researchers in the field of land laws; judges, legal practitioners, policymakers, social scientists, academicians, research scholars, members of civil society, farmers and land owners who are keen to understand how the law applies to them, teachers, students, and historians who wish to understand the thought process behind the law and its clauses.

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

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.