Why this course?

Description

Course : Land Acquisition and Registration Laws of India

Objective: To provide comprehensive knowledge on legal frameworks, procedures, and practical aspects related to land acquisition and registration in India for real estate professionals.

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Module 1: Introduction to Land Acquisition Laws in India

Objective: Understand the historical background, key laws, and concepts of land acquisition.

Submodules:

1. Evolution of Land Acquisition Laws in India

   • Historical context: British era to post-independence

   • Key legislations: Land Acquisition Act 1894, Right to Fair Compensation Act 2013 (RFCTLARR)

   • Impact on real estate development
     Example: Comparison of acquisition under LAA 1894 vs RFCTLARR 2013

2. Key Concepts and Definitions

   • Land acquisition vs land requisition

   • Public purpose definition and interpretation

   • Ownership rights and compensation rights
     Scenario: Government acquisition of private land for highway expansion

3. Right to Fair Compensation and Transparency

   • Principles of just compensation

   • Transparency and public participation in acquisition

   • Role of Social Impact Assessment (SIA)
     Example: SIA process in acquiring land for metro rail project

4. Authorities and Agencies Involved

   • Roles of Collector, Revenue Department, Land Acquisition Officers

   • Judiciary’s role in disputes and appeals
     Scenario: Collector issuing notification under Section 4 of RFCTLARR Act

5. Land Acquisition Act 2013: Overview and Impact

   • Key provisions of the RFCTLARR Act

   • Process flow and timeline of acquisition

   • Benefits and challenges for developers
     Template: Flowchart of land acquisition process under RFCTLARR Act

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Module 2: Procedure of Land Acquisition under RFCTLARR Act 2013

Objective: Learn the step-by-step legal procedure for land acquisition.

Submodules:

1. Preliminary Notification and Public Hearing (Section 4 & 5)

   • Publication of preliminary notification

   • Conducting public hearings and objections
     Scenario: Public hearing objections on land acquisition for SEZ development

2. Social Impact Assessment and Consent (Sections 3 & 6)

   • Conducting SIA report and its significance

   • Consent requirements for private companies
     Example: Consent process for acquiring agricultural land for industrial park

3. Declaration of Acquisition and Compensation (Sections 7 to 11)

   • Declaration of land needed for public purpose

   • Determination and award of compensation

   • Compensation calculation principles
     Template: Compensation calculation sheet based on market value and multipliers

4. Possession and Rehabilitation & Resettlement (R&R)

   • Taking possession of land

   • R&R provisions and benefits for affected families
     Scenario: Implementation of R&R in a highway widening project

5. Appeal and Review Mechanisms

   • Tribunal and court appeals process

   • Revisiting compensation awards
     Example: Case study of successful compensation revision in Supreme Court

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Module 3: Registration Laws and Procedures in India

Objective: Understand registration requirements for land and property transactions.

Submodules:

1. Introduction to the Registration Act 1908

   • Purpose and scope of the Act

   • Types of documents required to be registered
     Example: Sale deed vs lease deed registration requirements

2. Stages of Property Registration

   • Steps from document drafting to final registration

   • Role of Sub-Registrar Office (SRO)
     Template: Stepwise checklist for property registration

3. Documents Mandatory for Registration

   • List of key documents: Sale deed, gift deed, mortgage deed

   • Verification and stamping requirements
     Scenario: Registration of agricultural land sale deed

4. Stamp Duty and Registration Fees

   • Calculation methods across states

   • Impact of market value vs declared value
     Template: Sample stamp duty calculation sheet for Maharashtra

5. Digital Registration and E-Governance Initiatives

   • Online registration portals

   • Use of digital signatures and electronic records
     Example: Maharashtra’s e-registration system for property

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Module 4: Types of Land and Their Registration Challenges

Objective: Learn how different land types impact registration and acquisition.

Submodules:

1. Agricultural Land: Special Provisions and Restrictions

   • State-specific restrictions on sale and acquisition

   • Conversion and mutation processes
     Scenario: Registration challenge in buying agricultural land in Rajasthan

2. Non-Agricultural Land: Industrial and Residential Zones

   • Zoning laws and impact on acquisition

   • Change of land use (CLU) procedures
     Example: CLU approval process for residential layout

3. Government Land and Leasehold Land

   • Special rules for government land acquisition

   • Leasehold land registration and renewal challenges
     Template: Lease deed format for government land

4. Land under Forest and Protected Areas

   • Acquisition restrictions under Forest Conservation Act

   • Role of environment clearances
     Scenario: Land acquisition dispute in forest fringe areas

5. Urban Land and Development Authorities

   • Role of urban development authorities in land acquisition

   • Registration complexities in urban slums and informal settlements
     Example: Regularization and registration of slum land

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Module 5: Compensation and Valuation Methods

Objective: Understand methods for land valuation and compensation determination.

Submodules:

1. Market Value vs Circle Rate

   • Differences and implications in compensation

   • State-wise variations in circle rates
     Example: Dispute over compensation based on circle rate in Delhi

2. Multiplier Concept in Compensation

   • Application of multiplier for different land types

   • Judicial interpretations
     Template: Multiplier calculation format for land compensation

3. Solatium and Interest on Compensation

   • Legal provisions for solatium (additional compensation)

   • Payment of interest for delayed compensation
     Scenario: Case of delayed compensation payment in UP

4. Rehabilitation and Resettlement (R&R) Benefits

   • Components of R&R packages: housing, employment, etc.

   • Case studies on effective R&R implementation
     Example: R&R package for displaced families in metro rail project

5. Dispute Resolution in Compensation Claims

   • Role of Land Acquisition Tribunal

   • Negotiation and settlement strategies
     Template: Sample compensation claim appeal format

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Module 6: Land Mutation and Record Keeping

Objective: Explore mutation processes and land record management.

Submodules:

1. Understanding Mutation of Land

   • Definition and importance

   • Difference between mutation and registration
     Example: Mutation process after inheritance of property

2. Process of Mutation in Revenue Records

   • Application procedure and timelines

   • Role of Tehsildar and Revenue Officer
     Template: Mutation application form

3. Land Records and Digital Initiatives (DILRMP)

   • Digital India Land Records Modernization Programme

   • Benefits of digitized land records
     Example: Use of Bhulekh portal in UP

4. Mutation Challenges and Dispute Resolution

   • Common issues causing mutation delays

   • Legal recourse for mutation disputes
     Scenario: Mutation denial due to disputed ownership

5. Mutation in Special Cases: Inheritance, Gift, Sale

   • Mutation procedures in different transfer cases

   • Documentation requirements
     Template: Mutation request for inherited property

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Module 7: Land Acquisition for Infrastructure and Real Estate Projects

Objective: Focus on acquisition related to large infrastructure and private development projects.

Submodules:

1. Acquisition for Public Infrastructure Projects

   • Roads, railways, airports, and power projects

   • Special acquisition provisions
     Example: Land acquisition for Delhi-Mumbai Industrial Corridor

2. Land Acquisition by Private Developers

   • Acquisition via private companies under RFCTLARR

   • Challenges and compliance
     Scenario: Acquisition for a private SEZ project

3. Public-Private Partnership (PPP) in Land Acquisition

   • Roles and responsibilities

   • Legal safeguards
     Example: PPP model in urban metro rail projects

4. Environmental and Social Compliance in Acquisition

   • Environmental Impact Assessment (EIA) integration

   • Community engagement strategies
     Scenario: Social resistance in land acquisition for power plant

5. Case Study: Acquisition for Affordable Housing Projects

   • Government initiatives and land pooling schemes

   • Compensation and registration specifics
     Example: Land pooling policy in Haryana

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Module 8: Legal Disputes and Litigation in Land Acquisition and Registration

Objective: Learn about common disputes, legal challenges, and resolution mechanisms.

Submodules:

1. Common Land Acquisition Disputes

   • Ownership conflicts, inadequate compensation, delay issues

   • Case examples
     Scenario: Dispute over tribal land acquisition in Jharkhand

2. Role of Civil Courts and Tribunals

   • Jurisdiction and appeal procedures

   • Landmark judgments impacting acquisition laws
     Example: Supreme Court ruling on fair compensation principles

3. Fraud and Forgery in Land Registration

   • Identification and prevention

   • Legal consequences
     Template: FIR format for land fraud complaint

4. Role of Lok Adalats and Mediation

   • Alternative dispute resolution mechanisms

   • Success stories
     Scenario: Mediation resolving land possession dispute in Mumbai

5. Preventive Measures and Due Diligence

   • Legal audit before acquisition

   • Title verification and encumbrance checks
     Template: Due diligence checklist for land acquisition

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Module 9: Post-Acquisition Land Management and Development Control

Objective: Learn about land use post-acquisition, development controls, and compliance.

Submodules:

1. Change of Land Use (CLU) Procedure

   • Application process and approvals needed

   • Impact on project timelines
     Example: CLU approval for converting agricultural land to residential

2. Land Use Zoning and Development Control Regulations

   • Zoning laws impact on development

   • Compliance requirements
     Scenario: Zoning conflict in multi-use development

3. Land Parceling and Plot Registration

   • Process of sub-division and sale of plots

   • Registration of individual plots
     Template: Plot sale deed format

4. Monitoring Land Use Compliance

   • Role of municipal and planning authorities

   • Penalties for violations
     Example: Penalty imposed for unauthorized land use in Bangalore

5. Infrastructure Development and Land Maintenance

   • Responsibilities for roads, utilities, drainage in acquired land

   • Maintenance agreements
     Scenario: Developer’s agreement for infrastructure upkeep in a township

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Module 10: Emerging Trends and Reforms in Land Acquisition and Registration

Objective: Understand latest changes and future directions in land laws and technology.

Submodules:

1. Recent Amendments in Land Acquisition Laws

   • Latest legal reforms and their impact

   • Government policy updates
     Example: Amendment for faster acquisition in smart city projects

2. Technology in Land Records and Registration

   • Blockchain for land titles

   • GIS mapping and drones in acquisition
     Scenario: Pilot project for blockchain-based land registry in Telangana

3. Land Pooling and Readjustment Mechanisms

   • Concepts and legal frameworks

   • Benefits for urban development
     Example: Successful land pooling in Gujarat

4. Sustainable Land Acquisition Practices

   • Environmental safeguards

   • Community participation and benefits sharing
     Scenario: Sustainable acquisition model for solar park

5. International Best Practices and Lessons for India

   • Comparative study of land acquisition laws

   • Adaptation potential for Indian context
     Example: Land acquisition model from Singapore and its applicability