15 September 2015

GATE Arch/Planning 2016

Question:     Development authorities in India are established under the provision of

(A) Municipal Act
(B) 74th Constitutional Amendment Act
(C) Town and Country Planning Act
(D) Land Acquisition Act

Answer: (C) Town and Country Planning Act

74th Constitutional Amendment Act, 1992 has been enacted to accord constitutional recognition to the Urban Local Bodies as third tier of Government.

Land Acquisition is the process through which the Govt. can acquire the Private land for Public Purpose. Land Acquisition Act of 1894 was replaced by Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Salient features of this act:

Public Purpose Defined
·         For strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people; or
·         For infrastructure projects, which includes the following, namely:
§  All activities or items listed in the notification of the Government of India in the Department of Economic excluding private hospitals, private educational institutions and private hotels;
§  Projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage facilities, marketing infrastructure for agriculture and allied activities such as dairy, fisheries, and meat processing, set up or owned by the appropriate Government or by a farmers' cooperative or by an institution set up under a statute;
§  Project for industrial corridors or mining activities, national investment and manufacturing zones, as designated in the National Manufacturing Policy;
§  Project for water harvesting and water conservation structures, sanitation;
§  Project for Government administered, Government aided educational and research schemes or institutions;
§  Project for sports, heath care, tourism, transportation of space programme;
§  Any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in Parliament;

·         Project for housing, or such income groups, as may be specified from time to time by the appropriate Government;
·         Project for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas;
·         Project for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government, any local authority or a corporation owned or controlled by the State.
Protection of Agricultural Land
Act requires that wherever multi crop irrigated land is acquired an equivalent area of culturable wasteland shall be developed by the state for agricultural purposes.
Compensation
At least four times the market value for land acquired in rural areas;
At least two times the market value for land acquired in urban areas
Rehabilitation
Both Economic and Social Rehabilitation 

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