The Act replaced the Land Acquisition Act of 1894 and aimed to strike a balance between the need for development and the protection of the rights of landowners and affected communities.
Here are some key impacts of the Act:
- Fair Compensation: One of the primary objectives of the Act is to ensure that landowners receive fair compensation for their acquired land. The Act mandates that the compensation should be equivalent to the market value of the land, and in case of rural areas, it should be multiplied by a factor to account for various factors such as location, value, and potential use.
- Consent of Affected Families: The Act introduces the requirement of obtaining the consent of a specified percentage of affected families for acquiring land for private projects and a higher percentage for public-private partnership projects. This provision empowers local communities and ensures that their interests are taken into consideration before land is acquired for a project.
- Social Impact Assessment (SIA): The Act makes it mandatory to conduct a Social Impact Assessment to evaluate the potential social impact of a proposed acquisition. The SIA includes an assessment of the impact on the livelihoods of affected families, and the findings are considered in the decision-making process for land acquisition.
- Rehabilitation and Resettlement: The Act emphasizes the importance of rehabilitation and resettlement of affected families. It outlines the principles for rehabilitation and resettlement, including provisions for providing alternative land, housing, and livelihood support. The goal is to ensure that affected families do not face a decline in their living standards due to land acquisition.
- Transparency: The Act promotes transparency in the land acquisition process by making it mandatory to disclose details of the proposed acquisition, including the purpose, location, and extent of the land to be acquired. This information is made available to the public, ensuring that affected parties are well-informed about the project.
- Reduction of Land Acquisition for Speculative Purposes: The Act discourages the acquisition of land for speculative purposes by restricting the acquisition of multi-cropped irrigated land. This helps in protecting agricultural land and ensures that land is acquired only for genuine public purposes.
- Legal Safeguards: The Act provides legal safeguards for landowners and affected families by establishing mechanisms for addressing grievances and disputes related to the acquisition process. This includes provisions for challenging the acquisition in courts.
While the Right to Fair Compensation and Transparency in Land Acquisition Act of 2013 introduces important reforms to the land acquisition process in India, its implementation has faced challenges in practice. Striking the right balance between development needs and the protection of the rights of affected communities remains a complex and ongoing process.