...Punjab-Haryana High Court Kehar Singh & Others vs The State Of Haryana & Others on 27 May, 2013 CWP No.721 of 2012 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.721 of 2012(O & M) Date of decision:27.05.2013 Kehar Singh & others .....Petitioners Versus The State of Haryana & others ......Respondents CORAM: HON'BLE MR.JUSTICE AJAY KUMAR MITTAL HON'BLE MR.JUSTICE G.S.SANDHAWALIA Present: Mr.Shailendra Jain, Advocate, for the petitioners. Mr.S.S.Pattar, Sr.D.A.G., Haryana. Mr.Rahul Garg, Advocate, for respondents No.3 & 4. ...
Words: 2816 - Pages: 12
...ANDTRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 ------------------------------------------------- THE RIGHT TO FAIR COMPENSATION ANDTRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 An Overview An Overview Contents 1. Introduction 2. Background 3. Why a new and combined law? 4. Aims and objectives 5. Purpose 6. Salient Features of the New Law – Scope of the Bill – Definition of “Public Purpose‟ – Urgency Clause – Definition of “Affected Family‟ – Safeguarding Food Security – Minimum Compensation for Land – Minimum R&R Entitlements – Special Provisions for SC‟s/ST‟s – Enhanced Role for Panchayati Raj Insitutitions especially Gram Sabhas – Special Provisions for Farmers – Special Benefits for Tenants and Sharecroppers – Infrastructural Amenities under R&R – Compliance with Other Laws – Process Flow – Institutional Structure – Safeguards against indiscriminate acquisition – Timelines 7. Some other Key Features INTRODUCTION Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is a legislation that regulates land acquisition and provides laid down rules for granting compensation, rehabilitation and resettlement to the affected persons in India. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set...
Words: 4090 - Pages: 17
...ACQUISITION AND TRANSFER OF IMMOVABLE PROPERTY IN INDIA Acquisition and Transfer of Immovable Property in India A person resident outside India who is a citizen of India (NRI) can acquire by way of purchase, any immovable property in India other than agricultural land/plantation property/farm house. He can transfer any immovable property other than agricultural or plantation property or farm house to: a) A person resident outside India who is a citizen of India or b) A person of Indian origin resident outside India or c) A person resident in India. He may transfer agricultural land/ plantation property / farm house acquired by way of inheritance, only to Indian citizens permanently residing in India. Payment for acquisition of property can be made out of: i. Funds received in India through normal banking channels by way of inward remittance from any place of India or ii. Funds held in any non-resident account maintained in accordance with the provisions of the Foreign Exchange Management Act, 1999 and the regulations made by Reserve Bank Of India from time to time. Such payment can not be made either by traveller’s cheque or by foreign currency notes or by other mode than those specially mentioned above. A person resident outside India who is a person of Indian Origin (PIO) can acquire any immovable property in India other than agricultural land / farm house / plantation property:i. By way of purchase out of funds received by way of inward remittance ...
Words: 4627 - Pages: 19
...Towards a Pragmatic Land Acquisition Policy for Industrial Use - Indian Economy Project Report Group 8 Isha Mani Ganesh Jithin CR PGP/15/283 Manju Nair PGP/15/288 Manish Govindan PGP/15/287 Prem Sarath 1|P ag e PGP/15/280 PGP/15/304 Contents 1. Introduction................................ ................................ ................................ ............................... 3 2. Land Acquisition Act, 1894 ................................ ................................ ................................ ......... 3 The Process ................................ ................................ ................................ ............................... 3 Definition of Public Purpose................................ ................................ ................................ ....... 4 Compensation and Valuation ................................ ................................ ................................ ..... 4 3. Land Acquisition and Rehabilitation and Resettlement Bill 2011 ................................ ................ 4 4. Land Acquisition across the Globe................................ ................................ .............................. 8 5. Case Studies of Land Acquisition in India ................................ ................................ .................... 9 6. Reforms and Recommendations ................................ ................................ ..........................
Words: 2811 - Pages: 12
...PGDM SECTION C Land Acquisition Act empowers Government Acquisition of private land for public purpose or for assignment to land less poor for house sites. RDO is the land acquisition officer. Requisition for the land has to be received from the requisitioning authority. The first stage in the land acquisition process is Draft Notification. Joint inspection of LAO and requisitioning authority has to be conducted. During the Draft Notification stage proposal are sent to the Collector along with various documents such as Draft Notification, joint inspection note, extract of Fair Adangal for the lands, extract of Village Account no. 3 etc. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013[1] is an Act of Indian Parliament that regulates land acquisition and provides laid down rules for granting compensation, rehabilitation and resettlement to the affected persons in India. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects and assures rehabilitation of those affected. The Act establishes regulations for land acquisition as a part of India's massive industrialisation drive driven by public-private partnership. The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule. The bill was introduced in Lok Sabha in India on 7 September...
Words: 3569 - Pages: 15
...To Immovable Property……………………8 Acquisition and Transfer Of Immovable Property In India……….12 Transfer Property Act – 1882……………………………………...15 Transfer Property Act – 1882(Amendment- 2002)………………..16 Buying and Selling procedure……………………………………..23 Sale and Purchase • Tips For Selling Property…………………………………...26 • Tips While Buying Property………………………………..27 Legal Documents…………………………………………………...30 India's Land Disputes • Whistling Woods International……………………….36 • Case against builder Hiranandani…………………………….37 • POSCO Case………………………………………………….39 Case Study: Singur Tata Land Controversy………………………....42 Recent News…………………………………………………………47 Bibliography…………………………………………………………50 Overview This project talks about the Legal and Regulatory Aspects of Buying and Selling of Immovable property. Immovable Property can be described as land, benefits arising out of land and things attached to the earth, or permanently fastened to anything attached to the earth. There are a number of acts which adhere to the issues relating to immovable property, but the main acts is Transfer Property Act – 1882.The act states the legal aspects related to buying and selling of immovable property. There have been a number of cases in the recent past related to Immovable Property namely- Whistling Woods Case, Case against builder Hiranandani, and Case study of Singur land. Introduction The Indian...
Words: 14482 - Pages: 58
...Acquisition of Jaguar and Land Rover brands by Tata Motors Ltd. from Ford Motors In 2008, Tata Motors Limited and Ford Motors reached an agreement which was about Tata Motors acquiring Land Rover and Jaguar brands. The transaction is worth US$ 2.3 billion, and it was concluded in 2008 (Wharton University of Pennsylvania 2007). The deal was criticized by many while others reserved their comment and maintained a keen eye to see how Tata would make a turn around to make the two brands regain their market and profitability under new management. The fact that Tata Motors is a company from India which is an emerging market was the main reason why many people were skeptical. Ford Motors were struggling to make their business thrive in a competitive...
Words: 1281 - Pages: 6
...Bill for land gives true value The draft law on acquisition strikes a balance between development and justice for those who will be displaced in the process India is a rapidly industrialising economy and society with intense demands for better infrastructure from its people. The last 20 years have seen a great acceleration in this process, with India becoming one of the world’s fastest growing economies. However, for those whose lands were acquired for these purposes and the even more vulnerable people whose livelihoods depended on the lands acquired, a great human tragedy has unfolded. Independent estimates place the number of people displaced following development projects in India since independence at 60 million. This is the highest number of people uprooted for development projects in the world. Only a third of these people were resettled in a planned manner. Most of them were the asset-less rural poor, marginal farmers, poor fisherfolk and quarry workers. Around 60 per cent of the displaced belonged to the Adivasi and Dalit communities. Given that 90 per cent of our coal, more than 50 per cent of minerals and most prospective dam sites are in Adivasi regions, there is likely to be continuing contention over issues of land acquisition in these areas. Two sides of a coin We need to move decisively away from the colonial Land Acquisition Act 1894, which treats the Indian people as “subjects,” towards a vision of citizens, whose rights are guaranteed under the Constitution...
Words: 1531 - Pages: 7
...1. Summary: The Indian government has the power to acquire private land for public use (the philosophy of eminent domain). Land acquisition is a very important and absolutely necessary activity that every government must undertake, and it is absolutely imperative that the government have a clear, just and feasible policy regarding land acquisition that provides fair compensation to the parties affected by the acquisition. A land acquisition policy must be clear on the factors mentioned blow: 1. The definition of public use (or the type of projects that the policy is applicable for): In general, the definition includes strategic purposes (those relating to Defense), infrastructure projects for development of villages, etc. 2. What all kinds of land can be acquired and how much of it: In all cases, there are restrictions that the land acquisition must not impair historical or artistic monuments of importance or desecrate religious structures, graveyards, etc. Due to concerns pertaining to food safety, in India, restrictions are often imposed on the acquisition of irrigated multi crop lands. 3. Who the affected parties are (or who are to be compensated): Land owners are the most obvious affected parties (they are always considered among those to be compensated). But people depended on the land indirectly, like landless labourers working on the land and others who depend on the land for livelihood, are also affected, often adversely. 4. In what form the...
Words: 2554 - Pages: 11
...ase study of Tata Motor Acquisition of Jaguar and Land Rover You are Here: Home > Management Case Studies > Case study of Tata Motor Acquisition of Jaguar and Land Rover According to industry analysts, some of the issues that could trouble Tata Motors were economic slowdown in European and American markets, funding risks, currency risks etc. Acquisition of Jaguar and Land Rover provides the company with a strategic opportunity to acquire iconic brands with a great heritage and global presence, and increase the company’s business diversity across markets and product segments.- Tata Motors, in April 2008. “If they run the brands as a British company and invest properly in new product, it will be successful because they are still attractive brands.”- Charles Hughes, Founder, Brand Rules LLC, in 2008. “Market conditions are now extremely tough, especially in the key US market, and the Tatas will need to invest in a lot of brand building to make and keep JLR profitable.”- Ian Gomes, Global Head, Emerging Markets, KPMG, in 2008. Acquisition of British Icons On June 02, 2008, India-based Tata Motors completed the acquisition of the Jaguar and Land Rover (JLR) units from the US-based auto manufacturer Ford Motor Company (Ford) for US$ 2.3 billion, on a cash free-debt free basis. JLR was a part of Ford’s Premier Automotive Group (PAG) and were considered to be British icons. Jaguar was involved in the manufacture of high-end luxury cars, while Land Rover manufactured high-end...
Words: 999 - Pages: 4
...Vinayak Pareek Yan Yan Huang House of Tata – Acquiring a Global Footprint Executive Summary What and how did TATA emerge as a Multi Brand? Founded in 1868 by Jamshetji N. Tata as a trading firm Textiles in 1874 India’s first luxury hotel in 1903 First private steel company in 1907 First airline in 1932 First software firm in 1968 Liberalization of the Indian Economy and the changes that it brought to TATA’s way of doing business Ratan Tata becomes chairperson in 1991 • • First objective: Streamline group portfolio Some groups diversified and others organized around seven sectors 2 Major global expansions In 2000, Tata groups started internationalized operations and 65% of collective revenues were expected to come from outside India 1. Tata Consultancy ServicesWhy TCS, the group’s tech and consulting giant underwent its evolution at a much faster rate than the other Tata companies, in a sense became more global. And they perceived more growth in the foreign market and had to expand globally, TCS accounted for $27.8 billion of Tata’s $59.5 billion market capitalization as of August 2007 2. TitanExpanded globally but suffered high losses thus established itself as an NRI brand, especially in the Middle East. 3. Indian Hotels Company – TAJ Hotel Group Began globalization in 1982, Tata purchased 51 Buckingham gate and St. James court hotel which was later branded as Crowne Plaza under a franchise agreement in 1999. But suffered losses and had to sell a share to external...
Words: 3509 - Pages: 15
...Faced By Real Estate Sector & Sectors Facilitating Growth ………………………………………………………………... 4.1 4.2 5. Retail Sector Special Economic Zone 9-12 Page No. 1- 4 5-6 6-7 7-8 FDI ……………………………………………………………………. 5.1 5.2 5.3 5.4 5.5 FDI Projects Current Scenario FDI Guidelines For Application In Sector Sector Where FDI is not allowed FDI V/s FII 6. NRI Investment In Indian Real Estate …………………………... 6.1 6.2 6.3 Acquisition /Transfer of Immovable Property by POI Repatriation of Sale Proceed by NRI/POI Investment by Foreign Companies 12-15 7. 8. Real Estate Investment Trust (REIT) & Major Foreign Investors In Real Estate Sector ……………………………………………….. Model Real Estate Law …………………………………………….. 8.1 8.2 8.3 8.4 8.5 8.6 8.7 Establishment of Real Estate Regulatory Authority Registration of Property Promoters Powers of Regulatory Authority12 Establishment of Appellant Tribunal Offences And Penalties Analysis of the Act 15-17 18-19 9. Legislative Issues …………………………………………………… 9.1 9.2 Various Laws In Real Estate Transaction Five Group of Laws in real Estate Business 9.2.a 9.2.b 9.2.c Land Related Laws Applicable To Delhi Environment Laws Construction Laws 20-23 1 MAHESHWARI & CO. Advocates & Legal Consultants 9.2.d 9.2.e 10. Registration Laws Labour Laws 23-31 Comprehensive View of Major Indian Laws …………………… 10.1 Transfer of Property Act (TPA), 1952 Five Modes of Property Transfer 10.1.a 10.1.b 10.1.c 10.1.d 10.1.e...
Words: 22595 - Pages: 91
...backward while in Andhra it is 35% and in Rayalaseema it is 25%. Apart from these there are some areas in all parts of the state which are also backward. 2. 45% of the state income comes from Telangana region. When it comes to utilization of funds, the share of Telangana is only 28%. 3. Two major rivers Krishna and Tungabhadra enter the state of AP in the district of Mahaboobnagar (the biggest district in Telangana) but the district always remains the worst draught hit areas along with Anantapur because there is no project and process with which the water can be utilized. The plan for utilization has been pending for decades. 4. In Telangana regions, only few areas cultivate one crop a year and very rarely two crops a year while most of the land doesn't even cultivate single crop. In both the Godavari districts, Krishna and Guntur district, two crops a year is common and there are times where even 3 crops a year are cultivated. The only reason is WATER. 5. Not even a single project was completed in Telangana in the last 5 years while several projects were completed in Andhra and Rayalaseema. Not just Telangana but areas of Northern Andhra, Prakasham and parts of Rayalaseema are still backward. The state needs to progress as a unit. People are suffering across the state and they need a solution. Points for : 1. Why are we hearing separate Telangana slogan again? The demand for a separate state of Telangana isn't new. Telanganites have very clearly expressed their opposition a decade...
Words: 3979 - Pages: 16
...Strategic development TATA MOTORS Introduction: Tata Motors Limited (formerly TELCO, short for Tata Engineering and Locomotive Company) is an Indian multinational automotive manufacturing company headquartered in Mumbai, Maharashtra, India and a subsidiary of the Tata Group. Its products include passenger cars, trucks, vans, coaches, buses, construction equipment and military vehicles. It is the world's seventeenth-largest motor vehicle manufacturing company, fourth-largest truck manufacturer and second-largest bus manufacturer by volume. Tata Motors has auto manufacturing and assembly plants in Jamshedpur, Pantnagar, Lucknow, Sanand, Dharwad and Pune in India, as well as in Argentina, South Africa, Thailand and the United Kingdom. It has research and development centres in Pune, Jamshedpur, Lucknow and Dharwad, India, and in South Korea, Spain, and the United Kingdom. Tata Motors' principal subsidiaries include the British premium car maker Jaguar Land Rover (the maker of Jaguar, Land Rover and Range Rover cars) and the South Korean commercial vehicle manufacturer Tata Daewoo. Tata Motors has a bus manufacturing joint venture with Marcopolo S.A. (Tata Marcopolo), a construction equipment manufacturing joint venture with Hitachi (Tata Hitachi Construction Machinery), and a joint venture with Fiat which manufactures automotive components and Fiat and Tata branded vehicles. Founded in 1945 as a manufacturer of locomotives...
Words: 8963 - Pages: 36
...and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Bill, 2015 Highlights of the Bill The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Bill, 2015 was introduced in Lok Sabha on May 11, 2015. It was referred to a Joint Parliamentary Committee on May 12, 2015. The Committee is expected to submit its report by the first week of Monsoon Session, 2015. Recent Briefs: The Juvenile Justice (Care and Protection of Children) Bill, 2014 April 20, 2015 The Railways (Amendment) Bill, 2014 February 13, 2015 Mandira Kala mandira@prsindia.org Prachee Mishra prachee@prsindia.org July 17, 2015 This Bill amends the principal Act passed in 2013. The Bill enables the government to exempt five categories of projects from the requirements of: (i) social impact assessment, (ii) restrictions on acquisition of multi-cropped land, and (iii) consent for private projects and public private partnerships (PPPs) projects. The five categories of projects are: (i) defence, (ii) rural infrastructure, (iii) affordable housing, (iv) industrial corridors, and (v) infrastructure including PPPs where government owns the land. The Act would apply retrospectively, if an award had been made five years earlier and compensation had not been paid or possession not taken. The Bill exempts any period when a court has given a stay on the acquisition while computing the...
Words: 4293 - Pages: 18
