Guide to Right to Fair Compensation & Transparency in Land Acquisition

Industrialization, development of infrastructural facilities and urbanisation are the need of Indian economy. The first and perhaps one of the most important components to achieve this target is easy and in-expensive availability of land. Land Acquisition Act, 1894 (Act) was the tool which the government employed to acquire the land for several years. The government through this law with ease compulsorily acquired land for themselves and also for private enterprises. Land owners and persons dependent upon land had practically limited option to oppose acquisition. Compensation payable to land owners hardly matched the benefits which were likely to accrue to the persons who acquired the land post acquisition.

This Act was lopsided in favour of the government and was abused to the determinant of the land owners and persons dependent upon land for their livelihood. Rampant abuse of power under this Act lead to massive protest by the land losers, which received political colours as well. Since 2007 efforts were made to enact a law which would redress the issue of rehabilitation and resettlement of displaced persons, to find mechanisms to determine and pay adequate compensation to the land losers and to encourage direct purchase of land by the private sector for its projects. It took almost six years for the government to enact the new land acquisition Act, which has come to be known as “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”. This newly enacted statute is seen as a progressive legislation determined to provide the much needed push to Indian Industry.

No doubt this new Act is radical in several ways and is designed to sufficiently protect the interest of the land and livelihood losers. It is early to predict if the benefits envisaged under this Act actually reach to persons for whom they are designed, however, one thing is certain, costs of manufacturing of Indian products, houses for urban population would be much costlier on account of enhanced compensation and expenses for rehabilitation and resettlement which will have to be borne by the land seekers. It seems this Act is lopsided against the Industry.

This Act is totally different from the old L A Act and since we were following since the idea of enacting this Act was conceived by the government, we felt that we must give our interpretation and thought to the provisions of the new Act, hence extended our pen to this statute. The Act largely remains unchallenged in superior Courts in India till this date, our understanding and interpretation would be tested. We seek pardon if our interpretation and understanding of this Act is faulty and look forward for the comments of the readers.

Anupam Srivastava; anupam@tcl-india.net
Monika Srivastava; monika@tcl-india.net

 

 

 

A Handbook on Real Estate Investment - A Legal Perspective

This Handbook authored By Mr Anupam Srivastava, is a must read ready reckoner on laws generally and specifically applicable to Real Estate Industry. The handbook explains the property laws and statutes through a textual treatment. He has very judiciously applied his practical experiences while interpreting, explaining and presenting the prevailing laws related to the subject.

The Real Estate law has witnessed tremendous development in last one year both through judicial pronouncements and through the endeavour of the government in proposing new bills/ legislations. The recent cases namely the DLF case, Greater Noida case etc. shows how even the judicial bodies are concerned about the alarming growth in the Real Estate Sector. The handbook also takes within its ambit the landlord – tenant relationship, proposed legislations like Model Residential Tenancy Act and Model Real Estate (Regulation of Development) Bill etc., and the check list to be followed while entering into any kind of transaction pertaining to property.

The Handbook provides an extensive coverage on sale and transfer of immovable property, how this can take place, the check areas, execution of requisite documents, ascertaining stamp duties as payable, the taxation issues, mortgage and lease of immovable property, laws relating to gift of immovable property, exchange as mode of transfer, Inheritance etc. The handbook also has dealt independently with Real Estate vis-a-vis Consumer Protection Act. There are about 27 annexures annexed to the handbook defining important terms, providing state wise list of stamp duties, check list for purchase, sale and mortgage of immovable property and model forms for agreement to sell, mortgage deed of house and lands, lease deed, gift deed, will etc. In nutshell, it is useful to have the basic details pertaining to Property and Real Estate Laws available in one volume rather than scattered across a range of publications not readily accessible.

 

 

 

16th Edition of Mulla on Code of Civil Procedure, 1908

 

Mr. Anupam Srivastava has edited the 16th Edition of Mulla on Code of Civil Procedure.

The Code of Civil Procedure, 1908 by Mulla ranks amongst his best works and 16th Edition of the Mulla’s Code of Civil Procedure, 1908 has beautifully maintained the originality of the texts, while adding the subsequent judicial precedents.

This work is in four volumes spanning over 5000 pages. The various editions of the book were published between the years 2001 to 2003. This work is viewed as an authority by the entire legal community.

 

 

 

Legal Ways of Money Recovery – A Hand Book

 

This book is authored by Mr. Anupam Srivastava and published by Lexis Nexis Butterworths.

This book gives a practical insight into money recovery, whilst also dealing with different legislations. It deals with execution of money decrees passed by the civil courts, Debt Recovery Tribunals and Arbitral Tribunals.

This work makes it an interesting read for debtors and creditors alike. The book also deals with insolvency laws and winding up provisions and provides the practice solutions on money recovery.

 

 

 

A Hand Book on Real Estate Investment- A Legal Perspective

 

This book is authored by Mr. Anupam Srivastava and published by the Manupatra. This work delineates the expanse of immovable property transactions including Sale, Gift, Mortgage, Exchange and Lease. It also touches upon the transfer of immovable property through the process of Inheritance of the respective religious beliefs.

It is a one stop shop solution to all real estate transactions. It also deals with ancillary issues such as stamp duty, registration requisites and income tax laws. Interestingly and importantly this books also dwells into the much sought after area of Foreign Exchange Management Act. It is a must read for all Indian nationals, foreign citizens and NRI’s, PIO’s who are interested in the acquisition of immovable property in India.

 

 

 

The Code of Civil Procedure, 1908

 

The book is popularly known as the white book. It is authored by Mrs. Monika Srivastava and Mr. Anupam Srivastava and is published by the Manupatra.

This book has given a new perspective to the legal writing by discarding the stereotype approach of writing law books.

This book created history, when it became the first law book in India, to be launched on the kindle.

The book also holds accolades for compiling the voluminous commentary of the entire Code of Civil Procedure, 1908 in a single volume.

 






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