The Land Acquisition (Amendment and Validation) Act, 1967

Summary of Land Acquisition (Amendment and Validation) Act 1967
Key Provisions Validation and Procedure for Sanctuary Lands
• Validation: Past acquisitions of land for or near sanctuaries are validated, despite procedural flaws, to ensure conservation efforts or infrastructure development within these areas are not hindered.
• Time Limit for Declaration: For lands notified before the commencement of this Act and relevant to sanctuary establishment, declarations must be made within 2 years, streamlining the process for protected areas.
• Interest for Delay: 6% simple interest applies for delayed payments, except in specified cases, ensuring claimants near sanctuaries receive fair compensation.
2. Acquisition Proceedings for Sanctuary-Related Land
• Collector's Role: Empowered to act under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for efficient handling of sanctuary-related acquisitions.
• Alternative Provisions for Public Ways/Pastures in Sanctuaries: Allows for the provision of alternative public ways or common pastures with State Government sanction, minimizing the impact on sanctuary ecosystems.
3. Repeal, Saving, and Omissions
• Repeal and Saving: Repeals the 1967 Ordinance but saves actions taken under it, treating them as valid under this Act from 20th January 1967, applying to sanctuary acquisitions as well.
• Omitted Sections (Contextually Irrelevant): Sections 2 & 3 omitted by the Repealing and Amending Act, 1974, do not impact the sanctuary acquisition context provided.

Legislative History:

The Land Acquisition (Amendment and Validation) Act, 1967

● Act Title - The Land Acquisition (Amendment and Validation) Act, 1967

● Act Number / Year - 13 of 1967

● Act ID (India Code) - 196713

● Presidential Assent Date - April 12, 1967

● Enforcement Date - April 12, 1967

● Nodal Ministry - Ministry of Rural Development

Precedent & Historical Rationale

● Legislative Validation Post-Judicial Invalidation - Enacted to validate land acquisitions previously undertaken by various State Governments and Union Authorities that had been rendered legally vulnerable or invalidated due to procedural rulings by the Supreme Court regarding time limits between preliminary notifications and declarations.

● Streamlining Acquisition Timelines - Formulated to amend the Land Acquisition Act, 1894, by introducing statutory time frames (such as a three-year ceiling) between the preliminary notification under Section 4(1) and the formal declaration under Section 6(1) to avoid indefinite delays while validating past actions.

Parliamentary Trajectory & Enactment

● Formulation - Introduced by the Central Government to replace the Land Acquisition (Amendment and Validation) Ordinance, 1967 (Ordinance 1 of 1967), which was promulgated by the President to urgently protect public infrastructure acquisitions across India.

● Parliamentary Passage - Debated and passed by both Houses of Parliament (Fourth Lok Sabha and Rajya Sabha) during the March–April 1967 session.

● Presidential Assent - Received Presidential Assent on April 12, 1967.

● Enforcement - Enforced on April 12, 1967.

Source - Official Record of Parliament, India Code, and Ministry of Rural Development.