Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019
The Government of Tamil Nadu, through the Law Department, published Act Number 38 of 2019 on 5 December 2019, after receiving the President’s assent on 2 December 2019. The Act revives and validates the operation of three Tamil Nadu land acquisition laws from 26 September 2013, while applying the compensation, rehabilitation, resettlement and infrastructure amenity provisions of the central land acquisition law.
What the Act does
The Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019 is deemed to have come into force on 26 September 2013. It revives the operation of three State laws:
- The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978.
- The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.
- The Tamil Nadu Highways Act, 2001.
For each law, the revival excludes its provisions for determining compensation. Rules, notifications, notices, orders, directions and other proceedings that were in force immediately before 26 September 2013 are also treated as revived, except those concerning compensation.
Compensation and rehabilitation
Land acquisition proceedings under each of the three revived State laws must apply specified parts of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:
- Compensation must follow the provisions specified in its First Schedule.
- Rehabilitation and resettlement must follow the provisions specified in its Second Schedule.
- Infrastructure amenities must follow the provisions specified in its Third Schedule.
Apart from these matters and anything else specifically provided by Act Number 38 of 2019, land required for the purposes identified in the three State laws must be acquired under the relevant State law rather than under the central Act.
Validation of earlier action
Act Number 38 of 2019 treats the three State laws, apart from their compensation provisions, as having remained in force from 26 September 2013 until publication of the Act in the Tamil Nadu Government Gazette. Actions taken during that period are treated as valid, despite any judgment, decree or court order.
The Act also removes section 20 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, section 21 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, and section 68 of the Tamil Nadu Highways Act, 2001.
Who may be affected
Act Number 38 of 2019 may affect owners, buyers and professionals dealing with land acquired or proposed to be acquired for Harijan welfare schemes, industrial purposes or highways. It is particularly relevant where a notification, notice, order, direction or acquisition proceeding existed before or was taken after 26 September 2013 under one of the three State laws.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Act apply only from its publication date?
No. Act Number 38 of 2019 is deemed to have come into force on 26 September 2013, although it was published on 5 December 2019.
Which land acquisition laws were revived?
The Act revives the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, and the Tamil Nadu Highways Act, 2001.
How is compensation determined under the revived laws?
The compensation provisions specified in the First Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 apply. The revived State laws’ own compensation provisions are excluded from the revival.
Are land acquisition actions taken from 26 September 2013 treated as valid?
Yes. Actions under the three State laws, except those relating to compensation, are treated as valid for the period from 26 September 2013 to the Act’s publication, despite any judgment, decree or court order.
