What is Land Acquisition?
Historical Background
Key Points
9 points- 1.
RFCTLARR Act, 2013: Replaced the 1894 Act, aiming for fair compensation, transparency, and comprehensive rehabilitation and resettlement.
- 2.
Public Purpose: Land can only be acquired for 'public purpose', broadly defined to include infrastructure, industrialization, urban development, and national security.
- 3.
Social Impact Assessment (SIA): Mandatory for large projects to assess the social impact of acquisition on affected families, including displacement and livelihood loss.
- 4.
Consent Clause: Requires consent of 80% of affected families for private projects and 70% for Public-Private Partnership (PPP) projects. Not required for government projects.
- 5.
Fair Compensation: Compensation is based on market value, with multipliers (1x to 2x) depending on location (rural/urban). Solatium (additional compensation) of 100% of the compensation amount is also provided.
- 6.
Rehabilitation and Resettlement (R&R): Comprehensive provisions for R&R of affected families, including housing, livelihood support, skill development, and infrastructure.
- 7.
Return of Unutilized Land: If acquired land remains unutilized for 5 years from the date of possession, it must be returned to the original owners or their legal heirs.
- 8.
Urgency Clause: Allows for expedited acquisition in urgent cases (e.g., national security, natural calamity), but with safeguards and without the SIA requirement.
- 9.
Role of State Governments: State governments play a crucial role in implementing the Act, including conducting SIA, determining compensation, and overseeing R&R.
Recent Developments
5 developmentsAmendments Debate: Attempts by the government to amend the RFCTLARR Act (e.g., Land Acquisition Ordinance 2014, 2015) to exempt certain categories of projects (defense, rural infrastructure, affordable housing) from SIA and consent clauses, faced strong opposition and lapsed.
State-Specific Laws: Some states have enacted their own land acquisition laws or amendments to the central act to streamline the process for specific projects.
Focus on Direct Purchase: Governments increasingly prefer direct purchase of land from owners through negotiation to avoid the complexities and delays of the formal acquisition process.
Land Pooling Policies: Some states are promoting land pooling as an alternative, where landowners contribute their land for development and receive a share of the developed land.
Digital Land Records: Efforts to digitize land records to improve transparency and reduce disputes in land transactions and acquisition.