Legislating for Justice
The Making of the 2013 Land Acquisition Law
Price: 695.00 INR
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ISBN:
9780199458998
Publication date:
30/04/2015
Hardback
268 pages
216x140mm
Price: 695.00 INR
We sell our titles through other companies
Disclaimer :You will be redirected to a third party website.The sole responsibility of supplies, condition of the product, availability of stock, date of delivery, mode of payment will be as promised by the said third party only. Prices and specifications may vary from the OUP India site.
ISBN:
9780199458998
Publication date:
30/04/2015
Hardback
268 pages
Jairam Ramesh, Muhammad Ali Khan
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
Rights: World Rights
Jairam Ramesh, Muhammad Ali Khan
Description
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.
About the Authors
Jairam Ramesh, Chair, Future Earth Engagement Committee, and Muhammad Ali Khan, Advocate, Supreme Court of India
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.
Jairam Ramesh, Muhammad Ali Khan
Table of contents
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, Muhammad Ali Khan
Description
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.
About the Authors
Jairam Ramesh, Chair, Future Earth Engagement Committee, and Muhammad Ali Khan, Advocate, Supreme Court of India
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.
Table of contents
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
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