Law & Life

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (commonly known as the RFCTLARR Act, 2013 or the Land Acquisition Act, 2013 ) is the most significant reform in Indian land acquisition law since independence. It came into force on 1st January, 2014 , replacing the century-old Land Acquisition Act, 1894 which had been widely criticized for being unfair to landowners and ignoring the needs of those displaced by land acquisition. The 2013 Act was enacted with the following twin objectives: To ensure that landowners receive fair compensation when their land is acquired To ensure that those displaced by land acquisition receive adequate rehabilitation and resettlement The Act embodies the constitutional values of social justice, rule of law, and protection of the rights of the poor and vulnerable — particularly farmers, landless labourers, and tribal communities. Historical Background — Why the 1894 Act Was Replaced The...

Standard Holding is an important concept in Indian land reform legislation, particularly in the context of land ceiling laws. Land ceiling laws were enacted by various state governments in India as part of the agrarian reform programme to limit the amount of agricultural land that any individual or family could hold, with the surplus land being acquired by the government and redistributed to landless labourers and small farmers. The concept of standard holding serves as the unit of measurement for determining the ceiling on landholding. Meaning of Standard Holding A standard holding is defined as the area of land that is sufficient to provide a reasonable livelihood for a family of average size, taking into account the productivity and irrigation status of the land. It serves as the basic unit for computing land ceiling limits. The concept is based on the principle that different types of land (irrigated vs. unirrigated, fertile vs. infertile) have different productivity levels, a...

Samatha v. State of Andhra Pradesh (1997) is one of the most important and landmark judgments of the Supreme Court of India in the area of tribal land rights and land acquisition law. This case is frequently cited as a watershed moment in the protection of tribal communities against the alienation of their lands to non-tribal entities, including private companies and the government itself. Facts of the Case The State Government of Andhra Pradesh had granted mining leases in the Scheduled Areas (areas predominantly inhabited by Scheduled Tribes) to private companies for the extraction of minerals. The tribal inhabitants of these areas challenged these leases on the ground that the grant of mining leases on tribal lands to non-tribal entities violated the constitutional protections available to Scheduled Tribes. The petitioner, Samatha , a non-governmental organization working for tribal rights, filed a public interest litigation challenging the validity of the mining leases granted by...

The protection of agricultural tenants is one of the most important objectives of land reform legislation in India. Agricultural tenancy law in India is primarily governed by State legislation — each state has its own tenancy law. In Andhra Pradesh (and Telangana), the relevant legislation is the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 and the Andhra Pradesh (Andhra Area) Tenancy Act, 1956 . The concept of agricultural tenancy involves the relationship between the landlord (who owns the land) and the tenant (who cultivates it), and the law intervenes to protect the weaker party — the tenant — from exploitation. Meaning of Agricultural Tenant An agricultural tenant is a person who holds agricultural land under another person (the landlord) for the purpose of cultivation, in exchange for rent — which may be paid in cash, kind (a share of the produce), or both. Key elements of agricultural tenancy: The tenant cultivates the land personally The tena...