THE ROLE OF COMPENSATION AND REHABILITATION UNDER THE LAND ACQUISITION ACT 2013
Introduction: The Land Acquisition Act of 2013 is a crucial legislation enacted by the government to regulate the process of land acquisition for public purposes, such as infrastructure development, industrialization, urbanization, and other projects of national importance. The act emphasizes the fair and just compensation and proper rehabilitation of those affected by land acquisition. This article explores the role of compensation and rehabilitation under the Land Acquisition Act 2013 and the mechanisms in place to ensure a balanced approach to land acquisition.
Compensation Mechanisms: The Land Acquisition Act 2013 lays down provisions for determining compensation based on the market value of the land. The act mandates that the compensation should be adequate, fair, and just, taking into account various factors such as the market value of the land, the value of the assets attached to the land, the potential use of the land, and the cost of rehabilitation. Compensation should be determined through a transparent process, and landowners are entitled to participate in valuation proceedings.
The act introduces the concept of “solatium” which ensures that affected landowners receive an additional amount, typically a percentage of the compensation, as a form of solace or consolation. This provision acknowledges the emotional and psychological impact of land acquisition on the affected individuals and seeks to provide them with additional support.
Rehabilitation Measures: The Land Acquisition Act 2013 recognizes the importance of rehabilitation and resettlement of those affected by land acquisition. The act requires the acquiring authority to prepare a comprehensive Rehabilitation and Resettlement (R&R) plan for every project involving land acquisition. The R&R plan includes provisions for providing alternative land, housing, employment opportunities, and adequate compensation for lost livelihoods.
The act ensures that the affected families, including farmers, landless laborers, and artisans, are provided with necessary assistance to restore their means of livelihood and improve their living standards. The R&R plan should be implemented in a time-bound manner, and the acquiring authority is responsible for monitoring the progress and ensuring that the rehabilitation measures are effectively executed.
Role of Government and Social Impact Assessment: Under the Land Acquisition Act 2013, the government plays a significant role in land acquisition, compensation, and rehabilitation processes. The act mandates the preparation of a Social Impact Assessment (SIA) report for all acquisitions. The SIA report assesses the potential social and economic impacts of the project on the affected individuals and communities. It helps in identifying the vulnerable sections of society and formulating appropriate rehabilitation measures.
The government is responsible for ensuring that the compensation and rehabilitation measures are implemented in accordance with the provisions of the act. It establishes Land Acquisition, Rehabilitation, and Resettlement Authorities (LARRA) at the state and central levels to adjudicate disputes and grievances related to compensation and rehabilitation.
Conclusion: The Land Acquisition Act 2013 represents a significant step towards striking a balance between the developmental needs of the country and the protection of the rights and interests of those affected by land acquisition. The act’s provisions for fair compensation, solatium, and comprehensive rehabilitation and resettlement aim to minimize the adverse impact of land acquisition on individuals and communities. By ensuring a transparent and participatory process, the act seeks to address the concerns of affected parties and promote social justice in the context of land acquisition.
