HISTORY, SCOPE, OBJECTIVE, APPLICABILITY, AND THE SALIENT FEATURES OF THE RIGHT TO THE FAIR COMPENSATION AND THE TRANSPARENCY IN THE LAND ACQUISITION, THE REHABILITATION, AND THE RESETTLEMENT ACT, 2013

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, commonly known as the Land Acquisition Act of 2013, is an Indian legislation enacted to replace the Land Acquisition Act of 1894. The 2013 Act seeks to provide fair compensation to those affected by land acquisition, promote transparency in the process, and address the concerns of rehabilitation and resettlement of affected families. Here are the key aspects of the Act:

History:

The Land Acquisition Act, 2013, was enacted by the Parliament of India and received the President’s assent on September 27, 2013. It came into force on January 1, 2014. The Act was introduced to address the shortcomings and criticisms associated with the Land Acquisition Act of 1894, particularly in terms of inadequate compensation and neglect of the rehabilitation and resettlement of affected persons.

Scope:

The Act applies to the acquisition of land for public purposes or private companies. Public purposes include projects related to national security, infrastructure development, and any project for the provision of amenities or services to the public. Private companies can acquire land for specified public-private partnership projects.

Objectives:

  1. Fair Compensation: Ensure that those whose land is acquired receive fair compensation, which is defined as multiples of the market value of the land, taking into account various factors.
  2. Transparency: Introduce transparency in the land acquisition process by providing a detailed procedure for land acquisition, including mandatory social impact assessments, public hearings, and the publication of acquisition details.
  3. Rehabilitation and Resettlement: Address the rehabilitation and resettlement concerns of affected families by providing adequate rehabilitation and resettlement packages. This includes provisions for alternative land, housing, and livelihood support.

Applicability:

The Act is applicable to land acquisition for public purposes and by private companies for public-private partnership projects. The process laid down in the Act must be followed for the acquisition of land, and compensation must be provided as per the Act’s provisions.

Salient Features:

  1. Consent of Affected Families:
    • For private projects, the consent of at least 70-80% of the affected families is required, depending on the nature of the project.
  2. Social Impact Assessment (SIA):
    • Mandates a comprehensive SIA to assess the social impact of the proposed acquisition. The SIA report is considered before making a preliminary notification for land acquisition.
  3. Public Hearing:
    • Provides for public hearings to allow affected persons to present their views and concerns before the government makes a final decision on land acquisition.
  4. Compensation and Rehabilitation:
    • Specifies the criteria for determining compensation, including the market value, value of assets attached to the land, and other factors.
    • Ensures rehabilitation and resettlement packages for affected families, including provisions for housing, employment, and infrastructure development in the resettlement areas.
  5. Review and Appeal:
    • Provides for the review of acquisition proceedings by appropriate authorities and the settlement of disputes through quasi-judicial bodies.
    • Affected persons have the right to appeal against decisions related to compensation, rehabilitation, and resettlement.
  6. No Forced Eviction:
    • Prohibits the acquisition of irrigated multi-cropped land, except under exceptional circumstances.
    • No land can be acquired if the proposed project can be located on wasteland or barren land.
  7. Timelines:
    • Prescribes specific timelines for different stages of the acquisition process to expedite decision-making.
  8. Return of Unutilized Land:
    • If land remains unutilized for five years, it must be returned to the original landowners or the state government, as appropriate.

The Land Acquisition Act of 2013 represents a significant shift towards a more comprehensive and rights-based approach to land acquisition, emphasizing the principles of fairness, transparency, and rehabilitation and resettlement of affected communities.

 

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.