Salient features of new land acquisition act

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Home Land Law Scope and Salient Features of the Land Acquisition Rehabilitation and Resettlement Act.

Scope and Salient Features of the Land Acquisition Rehabilitation and Resettlement Act, 2013

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The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (often referred to as the Land Acquisition Act, 2013) aims to ensure a fair, transparent, and humane process for land acquisition in India.

Scope of the Act

The Land Acquisition, Rehabilitation, and Resettlement Act, 2013 applies to all cases of land acquisition when the appropriate government acquires land for its use, hold, and control, including for Public Sector Undertakings and public purposes such as infrastructure projects, housing, urbanization, and industrialization.

The Act also covers land acquisitions involving private companies or public-private partnerships where the ownership of the land continues to vest with the government.

Salient Features of the Land Acquisition Rehabilitation and Resettlement Act, 2013

#1 Commencement

• Short title, extent, and commencement: This section establishes the Act’s name and its geographical applicability. Initially, it extended to the whole of India, except the state of Jammu and Kashmir (before the changes in Article 370).
• Definitions: Provides clear definitions for terms used throughout the Act, such as “landowner,” “affected family,” “public purpose,” and “appropriate government.” These definitions are crucial for interpreting the Act’s provisions.

#2 Determination of Social Impact and Public Purpose

• Social Impact Assessment (SIA): Requires the government to conduct a Social Impact Assessment (SIA) before any land acquisition. This assessment evaluates the impact on affected families and communities, including the economic, social, and cultural effects.
• Public Hearing and Publication: Mandates public hearings to ensure community involvement and transparency in the SIA process. The findings of the SIA must be published in local languages and made available to the public.
• Appraisal by Expert Group: An independent expert group reviews the SIA report to ensure that the land acquisition serves a legitimate public purpose and that its benefits outweigh the social costs. The group comprises social scientists, rehabilitation experts, and technical experts related to the project.
• Exemptions from SIA: Allows the government to exempt certain projects from the SIA if they fall under the “urgency” clause, where immediate land acquisition is necessary.

#3 Special Provision to Safeguard Food Security

• Protection of Agricultural Land: Restricts the acquisition of multi-crop irrigated land, which is crucial for food security. The acquisition of such land is only allowed under exceptional circumstances and requires that an equivalent area of wasteland be developed for agriculture.
• Limitation on Land Acquisition: Limits the total area of agricultural land that can be acquired for all projects within a district or state to preserve food security.

#4 Notification and Acquisition

• Preliminary Notification and Survey: The government must issue a preliminary notification indicating the intention to acquire land. This notification is published in official gazettes, local newspapers, and online. Following the notification, a survey of the land is conducted.
• Hearing of Objections: Provides a mechanism for landowners and other affected parties to raise objections regarding the proposed land acquisition. The objections are heard by the Collector, who then makes a recommendation to the government.
• Rehabilitation and Resettlement Scheme: After considering objections, a draft Rehabilitation and Resettlement (R&R) scheme is prepared, detailing the compensation and other benefits for affected families. This draft is made public for feedback before being finalized.

#5 Rehabilitation and Resettlement Award

• Preparation of R&R Award: The Collector is responsible for preparing an R&R award that outlines the entitlements of affected families, including compensation for land and other properties, resettlement allowances, and other support measures.
• Provision of Amenities in Resettlement Areas: Specifies the infrastructure and amenities that must be provided in the resettlement areas, such as roads, schools, health centers, and sanitation facilities.
• Additional Compensation for Multiple Displacements: Provides additional compensation for families that have been displaced multiple times due to land acquisition.

#6 Procedure and Manner of Rehabilitation and Resettlement

• Appointment of Authorities: Details the roles and responsibilities of the Administrator and the Commissioner for Rehabilitation and Resettlement, who oversee the implementation of the R&R schemes.
• Rehabilitation and Resettlement Committee: Establishes a project-level committee to monitor and review the implementation of the R&R schemes, ensuring compliance with the Act.

#7 National Monitoring Committee for Rehabilitation and Resettlement

• Establishment of National Monitoring Committee: A national-level body is created to monitor and evaluate the implementation of the R&R provisions across the country. It ensures that the objectives of the Act are met and that affected families receive their due entitlements.
• State Monitoring Committees: Similar committees are established at the state level to oversee the R&R process within their jurisdictions.

#8 Establishment of Land Acquisition, Rehabilitation and Resettlement Authority

• Creation of Special Authority: Establishes a Land Acquisition, Rehabilitation, and Resettlement Authority to handle disputes related to land acquisition and compensation. This Authority acts similarly to a civil court.
• Jurisdiction and Powers: Outlines the jurisdiction and powers of the Authority, which include adjudicating disputes, determining compensation, and ensuring compliance with the Act’s provisions.

#9 Apportionment of Compensation

• Determination of Compensation: Provides guidelines for determining how compensation should be apportioned among different parties who have an interest in the acquired land, such as landowners, tenants, and other stakeholders.
• Resolution of Disputes: Establishes procedures for resolving disputes over the apportionment of compensation.

#10 Payment

• Payment of Compensation: Details the process for paying compensation to affected parties, including direct payments to landowners or deposits with the Authority in case of disputes or delays.
• Investment of Compensation: Specifies the conditions under which compensation amounts can be invested on behalf of persons who are unable to manage their finances due to legal or other reasons.

#11 Temporary Occupation of Land

• Temporary Use of Land: Outlines the procedures for the temporary occupation of land, including the conditions under which the government can temporarily occupy land and the compensation payable for any damage caused during such occupation.
• Restoration and Compensation: Provides for compensation for any damage to the land during temporary occupation and the procedures for restoring the land to its original condition.

#12 Offences and Penalties

• Penalties for Violations: Lists penalties for various offenses under the Act, such as providing false information, unauthorized land transactions, or failing to comply with the provisions of the Act.
• Offenses by Companies and Government Departments: Specifies penalties for offenses committed by companies and government departments involved in land acquisition.

#13 Chapter XIII: Miscellaneous

• Miscellaneous Provisions: Includes various other provisions related to the implementation of the Act, such as the powers of the government to make rules, the exemption of certain projects, and the handling of disputes.
• Exemptions and Amendments: Allows for the exemption of certain land acquisitions from the Act under specific conditions and provides the government with the power to amend schedules and rules.
• Return of Unutilized Land: Mandates that any land acquired but not utilized within a specified period must be returned to the original landowners or their heirs.

Verdict

The Land Acquisition, Rehabilitation, and Resettlement Act, 2013 is designed to provide a fair and transparent process for acquiring land in India, ensuring adequate compensation and rehabilitation for those affected.

It emphasizes minimizing adverse impacts on livelihoods and food security while promoting participation and consent from the affected communities.

The Act balances the need for land for development with the rights of landowners and those dependent on the land.

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