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The document outlines key points regarding land acquisition in India, focusing on the transition from the Land Acquisition Act of 1894 to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (LARR). It highlights the need for the new act to ensure fair compensation, transparency, and proper rehabilitation for landowners, addressing issues from the previous legislation. Additionally, it discusses the establishment and functions of urban development institutions in Uttar Pradesh, including UPAVP and LDA, as well as the Real Estate (Regulation and Development) Act, 2016 (RERA), which aims to regulate the real estate sector and protect homebuyers' interests.

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0% found this document useful (0 votes)
14 views7 pages

Answer

The document outlines key points regarding land acquisition in India, focusing on the transition from the Land Acquisition Act of 1894 to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (LARR). It highlights the need for the new act to ensure fair compensation, transparency, and proper rehabilitation for landowners, addressing issues from the previous legislation. Additionally, it discusses the establishment and functions of urban development institutions in Uttar Pradesh, including UPAVP and LDA, as well as the Real Estate (Regulation and Development) Act, 2016 (RERA), which aims to regulate the real estate sector and protect homebuyers' interests.

Uploaded by

abhyudaysingh00
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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 Answer 1 Here is a summary of the key points related to land

acquisition in India:

1. **Land Acquisition Definition**: The process by which the government


acquires private land for industrialization, infrastructure, or urbanization,
offering compensation, rehabilitation, and resettlement to landowners.

2. **Legislative Framework**:

- **The Land Acquisition Act of 1894** governed the process until 2013.

- **The Right to Fair Compensation and Transparency in Land Acquisition,


Rehabilitation, and Resettlement Act, 2013 (LARR)** replaced the 1894 Act
and became effective on January 1, 2014.

3. **Need for the New Act**:

- The 1894 Act institutionalized involuntary acquisition, neglecting the


rights of landowners and lacking transparency, proper consultation, or
rehabilitation.

- The 2013 Act aims to make land acquisition more collaborative,


transparent, and fair.

4. **Timeline**:

- 2011: The Land Acquisition, Rehabilitation, and Resettlement Bill


introduced in Lok Sabha.

- 2013: Passed by both houses of Parliament and approved by the


President.

- 2014: Act came into force.

- 2015: Amendments promulgated.

5. **Objectives of LARR 2013**:

- Ensure fair compensation for landowners.


- Provide transparent acquisition and rehabilitation processes.

- Address gaps in the 1894 Act, ensuring equitable treatment for affected
communities.

6. **Need for the Act**:

- Increased urbanization, industrialization, and development necessitated


new regulations.

- Ambiguous definitions of "public purpose" led to misuse under the


previous law.

- Previous laws lacked provisions for rehabilitation and relocation.

- Inadequate compensation processes under the old law.

- No requirement for landowner consent under prior regulations led to


forced acquisitions.

7. **Key Issues Addressed**:

- Ensuring proper compensation, relocation, and rehabilitation.

- Regulating acquisitions for public and private projects.

- More transparent procedures and consent requirements for landowners.

 Answer 2
 Here is a summary of the key points:

 ### UPAVP (Uttar Pradesh Avas Vikas Parishad):
 1. **Establishment**: Founded in April 1966, UPAVP is the top-ranking
housing agency in Uttar Pradesh.
 2. **Achievements**: Won national-level housing competitions in 1976
and 1979, organized by HUDCO.
 3. **Activities**: Diversified into planning, designing, constructing, and
developing urban development projects across the state.
 4. **Key Projects**: Involved in health and education development
projects, new district headquarters, residential colonies, and
townships.
 5. **Autonomy**: Operates independently, managing its activities with
resources generated from loans from financial institutions like HUDCO,
UTI, LIC, banks, and HDFC.

 ### Types of Urban Development Institutions:
 1. **Municipal Corporations/Municipalities**: Local government bodies
responsible for urban planning, infrastructure development, and basic
services like water supply, sanitation, and waste management.
 2. **Urban Development Authorities/Boards**: Statutory bodies that
plan, develop, and regulate urban areas, including master plans and
land use regulation.
 3. **Housing Development Boards/Agencies**: Focus on affordable
housing, collaborating with government, private developers, and
financial institutions.
 4. **Transportation Authorities**: Manage urban transport
infrastructure, including public transit systems, roads, bridges, and
pedestrian facilities.
 5. **Environmental Agencies**: Monitor and manage environmental
issues, ensuring urban development is sustainable.
 6. **Development Banks/Financial Institutions**: Provide funding for
urban projects like infrastructure and affordable housing through loans
and grants.
 7. **Urban Planning Departments**: Formulate urban development
plans and regulate land use, zoning, and building codes.
 8. **NGOs**: Advocate for marginalized communities and promote
sustainable urban development through grassroots initiatives.

 ### Lucknow Development Authority (LDA):
 1. **Establishment**: Formed in 1974 under the Uttar Pradesh Urban
Planning and Development Act.
 2. **Objective**: Ensure planned, sustainable, and inclusive
development of Lucknow through master plans and urban
development schemes.
 3. **Urban Planning**: Formulates long-term master plans, taking into
account population growth, infrastructure, environmental
sustainability, and socio-economic dynamics.
 4. **Land Management**: Regulates land use through zoning,
acquisition, and development control norms, ensuring proper land
allocation for residential, commercial, and recreational purposes.
Answer 3

The Real Estate (Regulation and Development) Act, 2016 (RERA)


was enacted by the Government of India to regulate the real
estate sector, promote transparency, protect the Interests of
homebuyers, and boost investment in real estate. It came into
effect on May 1, 2017. RERA aims to create a more organized and
accountable framework for the real estate industry, which had
previously been largely unregulated.

### Key Objectives of RERA:

1. **Protect Homebuyers**: To safeguard the interests of


consumers and ensure that they are not misled by real estate
developers.

2. **Increase Transparency**: To introduce greater transparency


in project details, pricing, timelines, and approvals.

3. **Promote Accountability**: To make developers accountable


for the timely delivery of projects and the quality of construction.

4. **Standardize Processes**: To regulate and standardize the


sale of real estate and minimize disputes.

### Important Provisions of RERA:

1. **Mandatory Registration**:

- All real estate projects (residential or commercial) with a land


area of over 500 square meters or eight apartments must be
registered with the respective state RERA authority before they
are advertised or sold.

- Developers must provide all project details (approvals, land


title status, completion timelines, etc.) at the time of
registration.

2. **Transparency in Advertising**:
- Developers can only advertise projects after registering them
with RERA.

- Misleading claims and false advertising are prohibited, and


developers are required to promote the exact specifications of
the registered project.

3. **Project Information Disclosure**:

- Developers are required to disclose detailed information


regarding project plans, completion timelines, layout, cost,
government approvals, and ownership status on the RERA
website.

- Buyers can track the project status on the RERA portal.

4. **Protection of Buyers’ Funds**:

- Developers must deposit 70% of the funds collected from


buyers into an escrow account to ensure that the money Is used
only for the construction of the project and not diverted to other
projects.

- This ensures that projects are completed on time and funds


are not misused.

5. **Timely Project Delivery**:

- Developers are required to complete projects within the


promised time frame. Failure to do so may result in penalties,
compensation to the buyers, or even imprisonment.

- In case of delay, buyers have the right to withdraw their


investment or continue with the project while receiving
compensation.

6. **Defect Liability**:
- Developers are held responsible for any structural defects or
poor-quality construction for up to five years after the possession
of the property.

- They must rectify these defects within 30 days at no extra


cost to the buyer.

7. **Grievance Redressal**:

- Each state has a Real Estate Regulatory Authority (RERA) and


a Real Estate Appellate Tribunal to handle disputes between
buyers and developers.

- Buyers can approach the authority for fast-track resolution of


grievances, and the appellate tribunal must resolve appeals
within 60 days.

8. **Penalties for Non-Compliance**:

- Non-compliance with RERA can result in severe penalties for


developers, including fines, project cancellation, and even
imprisonment.

- Homebuyers can also be fined for violations under certain


conditions.

### Impact of RERA:

- **Increased Confidence**: RERA has instilled greater confidence


among homebuyers due to increased accountability of developers
and transparent processes.

- **Organized Real Estate Sector**: The act has led to the


formalization of the real estate sector, ensuring that developers
follow strict timelines, use funds appropriately, and maintain
project quality.

- **Reduction in Delays**: With stricter timelines and financial


accountability, project delays have decreased, benefiting both
developers and buyers.
In summary, RERA aims to create a fair and balanced real estate
market by ensuring that the interests of homebuyers are
protected and the industry operates in a transparent,
accountable, and efficient manner.

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