The document provides an overview of the Land Acquisition Act of 2013 in India. Some key points:
- The Act repealed the 1894 law and established provisions for fair compensation, transparency, and rehabilitation of individuals impacted by land acquisition for development projects.
- It defines the process where the government acquires private land for infrastructure projects in exchange for fair compensation and rehabilitation of affected landowners.
- The Act aims to ensure transparency in the land acquisition process, minimize displacement, provide just compensation for losses, and adequate funding for resettlement of displaced families.
- It specifies what types of projects land can be acquired for, such as defense, infrastructure, agriculture, and housing for poor/displaced groups. Con
2. INTRODUCTION
• Due to the scarcity of land in a densely populated country like India, the government has
enacted specific provisions, rules, and guidelines to aid infrastructure development in places
where land is privately owned or utilised for agricultural reasons. The Right to Equitable
Recompense and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of
2013 repealed the old Land Acquisition Act of 1894 and replaced it with a new method that
would provide fair compensation to individuals impacted.
• The process through which the government (state or union) acquires private land for
infrastructural development, urbanisation, or industrialization is known as land acquisition. In
exchange, the government would pay the landowner a fair compensation based on the market
market worth of the land and will be responsible for the rehabilitation and resettlement of the
of the affected landowners.
3. WHAT IS THE LAND ACQUISITION ACT,2013
• The earliest land acquisition act was established in British India in the 1870s. However,
numerous crucial terms relating to any settlement grant to the original landowners were
still absent from the law. This caused a great deal of dissatisfaction among the country's
residents. The new, enhanced land acquisition laws were finally passed and adopted in
2013 after multiple amendments. The RFCTLARR act 2013 is also known as the Right to
Fair Compensation and Transparency in Land Acquisition Act.
• The Land Acquisition Act of 2013 controls and regulates the entire land acquisition
process. The Act lays forth provisions for delivering appropriate recompense to
landowners, as well as bringing transparency to the system and directing the
government to rehabilitate people who have had their land taken away.
4. OBJECTIVES OF LAND ACQUISITION
ACT,2013
• In conjunction with all parties and local governing authorities, ensure a transparent land
acquisition process.
• To ensure that as few people as possible are relocated while still owning or remaining
on the land
• To provide just compensation to families whose livelihoods have been harmed or whose
land has been acquired as a result of the land acquisition.
• To provide adequate money for the rehabilitation and reintegration of displaced
families.
5. PROVISION AND PURPOSE
• The state government or the federal government can acquire any land for their use, for
private corporations, or public reasons, according to this Act. This includes any business
that caters to the state's or country's defence/security forces. This usually refers to naval,
military, or armed forces bases and centres.
• For the construction of public infrastructure. However, private hospitals and clinics,
educational institutions, and hotels are not included.
• For any services relating to agriculture. This also applies to associated industries held by
farmers' cooperatives or the government, such as dairy and fisheries.
6. PROVISION AND PURPOSES
• For projects such as industrial corridors, manufacturing zones, and other projects that
are part of the National Manufacturing Policy.
• Water conservation projects or village development plans are both viable options.
• For the establishment of government-funded educational and research institutions
• For government-sponsored home development programs. This is critical for the creation
of planned projects for the poor's rehabilitation.
• For the construction of housing projects for the poor and landless, as well as people
who have been displaced by natural catastrophes.
7. LAND ACQUISITION ACT: MAIN FEATURES
• The term "public purpose" is defined in Section 2(1) as "national security/defence
purpose." Land can also be bought for other strategic goals, such as home development
projects for the underprivileged or rehabilitation initiatives for persons affected by
natural disasters.
• As previously stated, some variables of landowner agreement must be considered
during every property acquisition procedure.
• Land can be acquired more quickly under this clause in the case of national security
services and for the rehabilitation of people harmed by natural disasters.
8. LAND ACQUISITION ACT: MAIN FEAUTRES
• Compensation- In urban regions, landowners have compensated twice the market value,
whereas, in rural areas, they are rewarded four times the market value.
• Land Acquisition, Rehabilitation, and Resettlement Authority– The state government will
form a "One Person" Land Acquisition, Rehabilitation, and Resettlement Authority with
civil court development project powers.
• After the acquisition, land that has been used for one purpose cannot be used for
another. The government can use the land for a new use if it is deemed inappropriate
for the intended purpose. If there is no activity on the land for five years, the original
proprietor will get his land back.
9. CONSENT AND COMPENSATION UNDER
LAND ACQUISITION ACT,2013
• Consent: The cooperation of landowners is not required when the government acquires land
for public purposes and controls the land bank directly. When land is purchased to establish
private firms, however, the permission of at least 80% of the affected families is required. If
the project is carried out as a public-private partnership, then 70 percent of the affected
families must agree to the land purchase procedure.
• Compensation: Compensation for landowners is addressed in Section 26 of the Act. It lays
out the recommended minimum compensation, which is based on market value multiples.
For land acquired in rural and urban regions, the market value is usually multiplied by one of
two factors.
• The average sale price for similar types of land in the nearby village or proximity area is used
to establish the land's market value. This sale price is calculated by taking half of the total
number of sale deeds or purchase agreements in which the highest price is indicated.
• If the land is purchased for private firms or public-private partnerships, the compensation can
also be a pre-agreed price.
10. SECTION 24 AND SECTION 28
• The scenarios under which land acquisition procedures will be considered lapsed are
outlined in Section 24 of the LARRAct 2013. If no compensation has been disclosed in
land acquisition instances by January 1, 2014, compensation will be calculated based on
the 2013 RFCTLARR act, according to this provision. If compensation has already been
paid before this date, the British 1894 Act will be used to continue the acquisition
process.
• The compensation sum to be granted for land acquired under this Act is dealt with
under Section 28. This entails calculating the market value and evaluating the overall
situation of the landowners involved.
11. LAND ACQUISITION ACT: SHORTCOMINGS
The 2013 Land Acquisition Act was revised in 2015, resulting in the following flaws:
• The Act required a Social Impact Assessment for every acquisition, but the modification
abolished the obligation for security, defence, rural infrastructure, and industrial corridor
projects.
• In the most recent change, consent is no longer required for government projects. This can
lead to forcible evictions of landowners with no alternative plans in place for their
rehabilitation and relocation.
• Previously, multi-cropped land could not be bought for any reason, but the most recent
modification allows for the acquisition of multi-crop irrigated property for security and social
infrastructure projects.