Rehabilitation and Resettlement Act on land acquisition in India.

The key legislation in India related to land acquisition and rehabilitation is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (often abbreviated as LARR Act, 2013). Please note that there might have been updates or changes to the law since then, so it’s advisable to check for the latest information…Read more

The LARR Act, 2013, was enacted to replace the Land Acquisition Act of 1894, which was considered outdated and lacked provisions for fair compensation and rehabilitation of those affected by land acquisition. The primary objectives of the LARR Act, 2013, include ensuring fair compensation, transparency in the land acquisition process, and addressing the concerns of those whose livelihoods are affected.

Here are some key features and provisions of the LARR Act, 2013:

  1. Consent of Affected Families: The Act requires the consent of a specified percentage of affected families for acquiring land for certain projects. For public-private partnership projects, the consent of at least 70% of the affected families is required, and for private projects, the consent of at least 80% of the affected families is mandatory.
  2. Social Impact Assessment (SIA): The Act mandates a Social Impact Assessment to identify affected families, assess the social impact of the project, and recommend measures for rehabilitation and resettlement. This assessment is crucial in understanding the potential adverse effects of land acquisition on the local community.
  3. Compensation: The Act provides for fair compensation, which should be at least four times the market value in rural areas and twice the market value in urban areas. Additionally, solatium (an additional amount as compensation for the compulsory nature of acquisition) and other rehabilitation and resettlement entitlements are included.
  4. Rehabilitation and Resettlement: The Act includes provisions for the rehabilitation and resettlement of affected families. This includes the provision of alternative land, housing, and other amenities to ensure that the standard of living of affected families is not adversely affected.
  5. Special Provisions for Vulnerable Sections: The Act contains special provisions for vulnerable sections, such as Scheduled Tribes, Scheduled Castes, and other marginalized communities. It aims to ensure that these groups are not disproportionately affected by land acquisition.
  6. Review and Monitoring: The Act establishes mechanisms for the review and monitoring of rehabilitation and resettlement measures to ensure their effective implementation.

It’s important to note that the LARR Act, 2013, represents a significant shift in the approach to land acquisition in India, with an emphasis on fair compensation, transparency, and the welfare of affected communities. However, the implementation of the Act has faced challenges, and there have been discussions about potential amendments to address some of these challenges. Always refer to the latest legal sources for the most up-to-date information.