What is Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?
Historical Background
Key Points
9 points- 1.
Fair Compensation: Mandates compensation at 4 times the market value in rural areas and 2 times in urban areas.
- 2.
Consent Clause: Requires consent of 70% of affected families for public-private partnership (PPP) projects and 80% for private projects.
- 3.
Social Impact Assessment (SIA): Mandatory SIA before acquisition to assess potential impacts and identify mitigation measures.
- 4.
Rehabilitation and Resettlement (R&R): Comprehensive R&R package for affected families, including land for land, housing, employment, and allowances.
- 5.
Return of Unutilized Land: Land not utilized for the stated purpose within 5 years must be returned to the original owners or to the land bank.
- 6.
Retrospective Application: Applies retrospectively to cases where awards were made 5 years or more prior to the Act's commencement but compensation has not been paid or possession not taken.
- 7.
Food Security Safeguard: Prohibits acquisition of multi-cropped irrigated land, with some exceptions.
- 8.
Transparency: Requires public disclosure of all acquisition details.
- 9.
Appellate Authority: Establishes an Land Acquisition, Rehabilitation and Resettlement Authority for dispute resolution.
Visual Insights
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Mind map illustrating the key aspects of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including its key provisions, objectives, and challenges.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- ●Key Provisions
- ●Objectives
- ●Challenges
- ●Impact
Recent Developments
4 developmentsAttempts by the government in 2015 to amend the Act via an ordinance to remove the SIA and consent clauses for certain categories (e.g., defense, rural infrastructure) faced strong opposition and lapsed.
Many states have enacted their own state-specific land acquisition laws or amendments to the central Act, leveraging the Concurrent List provision.
Ongoing debates about balancing farmers' rights with the need for rapid infrastructure development.
Focus on improving implementation and reducing litigation.
