Part I - Basics Provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

 

INTRODUCTION AND NEED FOR A NEW LEGISLATION

 •Land is a scarce natural resource.

•Article 300 (A) of the Constitution says no person can be deprived of his property save by authority of law. The new Land Acquisition Act fulfils the constitutional obligation.

• Land Acquisition Act 1894 was 120-year-old and had lot of shortcomings.

• Absence of a cohesive national law that addresses fair compensation, rehabilitation and resettlement to the land owner.

• Absence of any provision to address the issues that directly affected the loss of livelihood.

• Absence of proper mechanism for arriving at the market value of the land.

• Absence of any provision for the marginalized sections of the society (Sec. 41).

 

SOME OF THE SALIENT FEATURES OF THE 2013 ACT

 

•Novel concept of Social Impact Assessment Study prior to issuance of Preliminary Notification for the proposed projects.

•Recognizes non-owners as Affected Families and includes Share Croppers, Tenants and Agricultural Labourers.

•Requires consent of displaced persons (for private companies 80% and for PPP projects 70%).

•Statutory Rehabilitation and Resettlement (R&R) Entitlements for the families affected by the Land Acquisition Project.

•Restricts the grounds on which land may be acquired under the Urgency Clause.

•Recognition of Principle of Social Cost Minimization.

• Special Provision for food security U/S 10 of the Act.

•Provision for return of land to Land Bank/Original Owners (Section 101).

 

COMPARISON WITH THE LAND ACQUISITION ACT, 1894

 

OLD LAW	NEW LAW
No detailed procedure for calculation of compensation. Only market value taken into account.	First Schedule contains the details of calculation of compensation
No separate chapter on R&R.	A separate Chapter on R&R for the displaced and affected persons.
No separate provision for SCs and STs.	Section 41 talks about Special provision for SCs and STs
No special Provision for ensuring food security.	Provision for ensuring food security under Section 10 of the Act.
No concept of SIA.	Under S.4, SIA is mandatory.
Separate provision for Companies.	No separate provision or relaxation for private companies.
Procedure for acquisition involved merely issuance of Notification by the    Collector and Invitation of Objection.	Only after detailed SIA Study and Expert Group Appraisal, Collector may issue notification of acquisition.

 

Part - I - Basic Provisions of of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Part II - Social Impact Assessment under the Land Rehabilitation Act of 2013 and Other Provisions

Part III - Basic Procedure under the Land Rehabilitation Act of 2013 and Other Provisions

Part IV - Determination of Market Value and Other Provisions under the Land Rehabilitation Act of 2013 and Other Provisions

Part V - Rehabilitation, Resettlement, Land Acquisition Authority and Appeal under the Land Rehabilitation Act of 2013 

Part VI - Compensation, Offences, Penalties and Miscellaneous Provisions under the Land Rehabilitation Act of 2013