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LAND ACQUISITION

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION, AND RESETTLEMENT ACT, 2013 (RFCTLARR ACT, 2013)

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (commonly known as the RFCTLARR Act, 2013) was enacted by the Government of India with the objective of ensuring a fair process for land acquisition, compensation, and the rehabilitation of those affected by land acquisition for public purposes or infrastructure development. It replaced the Land Acquisition Act of 1894, which was widely criticized for its inadequate compensation provisions and lack of safeguards for affected families.

BELOW ARE THE SALIENT FEATURES OF THE RFCTLARR ACT, 2013:

1. Purpose and Applicability

• The primary purpose of the Act is to ensure that the process of land acquisition is transparent, just, and fair while providing compensation that reflects the true value of the land.
• The Act applies to the acquisition of land for public purposes, including projects like highways, industrial corridors, housing projects, and public infrastructure developments.
• It applies to both private and government projects, but does not cover land acquisitions by private entities for their own commercial purposes.

2. Definition of Affected Families and Persons

• The Act identifies “affected families” as those whose land or property is being acquired, as well as the families or individuals whose livelihoods, shelter, or means of income are impacted by the acquisition.
• It also includes families that face loss of agricultural land, employment, or access to community resources.
• Special focus is given to the Scheduled Tribes (STs) and Scheduled Castes (SCs) to ensure that their customary rights over land are recognized and protected.

3. Process of Land Acquisition

• Social Impact Assessment (SIA): A Social Impact Assessment (SIA) must be conducted before the initiation of land acquisition. The SIA assesses the social, economic, and environmental impacts of the proposed acquisition on the affected families and communities.
• Public Consultation: The Act mandates consultation with the affected families and communities. Public hearings and discussions are to be held where the project’s impact can be discussed and objections can be raised by stakeholders.
• Consent of Affected Families: For acquiring irrigated multi-cropped land or land used for residential purposes, the consent of at least 70% of the affected families is required for public-private partnership (PPP) projects and 80% for private companies.
• Use of Land: The acquired land must be used for the purpose stated in the acquisition, and it cannot be diverted for another purpose without the approval of the affected parties.

4. Compensation

• Market Value of Land: The Act ensures that compensation for the land is based on the market value of the land, which includes the cost of the land along with any improvement made to it, like irrigation or development of infrastructure.
• Multiplier for Rural Areas: The compensation amount is calculated by applying a multiplier (ranging from 2 to 4) to the market value for land in rural areas. This multiplier is based on factors like the quality of the land and the distance from urban areas.
• Compensation for Loss of Livelihood: If the land being acquired was used for agriculture or any other form of livelihood, compensation will also include rehabilitation benefits and alternative livelihood options.

5. Rehabilitation and Resettlement (R&R)

• The Act mandates a robust rehabilitation and resettlement package for those displaced by the acquisition of land. This includes financial support, provision of land, and housing.
• Land for Land: If a person’s land is acquired, the Act ensures that they are provided with alternative land of equal value (if available) or equivalent compensation.
• Compensation for Loss of Livelihood: Individuals who lose their livelihoods due to land acquisition are entitled to training, skill development, and employment opportunities to help them adapt to new circumstances.
• Special provisions for SCs and STs: The Act has special provisions for Scheduled Castes (SCs) and Scheduled Tribes (STs) to ensure that their traditional rights and lands are preserved and they are adequately compensated and rehabilitated.

6. Rehabilitation and Resettlement Benefits

• Financial assistance includes a rehabilitation grant and transportation for relocation.
• For families who have lost their land, housing schemes and community facilities (like schools and health centers) will be established in the new resettlement areas.
• Job Opportunities: In addition to direct compensation, provisions are made to provide job opportunities for affected individuals in the acquiring projects.

7. Transparency and Accountability

• The Act ensures transparency in the land acquisition process by making details of acquisition available to the public. The entire process is made transparent through the use of public hearings, public access to records, and detailed reports on compensation and rehabilitation.
• An independent monitoring authority is created to ensure compliance with the provisions of the Act. This authority can investigate grievances and make sure that the land acquisition and resettlement process is fair and transparent.

8. Right to Appeal

• Affected parties have the right to appeal if they feel that the compensation is inadequate or the rehabilitation and resettlement process is not in compliance with the Act.
• Grievance Redressal Mechanism: The Act establishes a grievance redressal system to address issues of compensation, rehabilitation, and resettlement. The affected individuals or families can approach the District Collector or other authorized officials for dispute resolution.

9. Special Provisions for Vulnerable Groups

• The Act recognizes the vulnerability of certain groups, including tribal communities and forest dwellers, whose rights are to be considered during the land acquisition process. Their customary rights over land, forest produce, and other resources are safeguarded.

10. Return of Unused Land

• If land acquired under this Act is not used for the specified purpose within five years of acquisition, it must be returned to the original owners or their heirs.

Challenges and Criticisms

While the RFCTLARR Act, 2013 was a progressive step towards ensuring fairness in land acquisition, it has faced criticism and challenges, such as:

• Delay in implementation: The SIA and consultation processes can delay the acquisition and implementation of large projects, causing prolonged disputes.
• Complexity and ambiguity: Certain provisions, such as the application of compensation multipliers and provisions for consent, can be ambiguous and subject to interpretation, leading to inconsistencies in their enforcement.
• Land for Land provisions: While the Act emphasizes the provision of land for land, the availability of suitable alternative land can be limited in some areas, especially in urban regions.
• Implementation at the state level: States have the autonomy to adapt the Act to their needs, but this has led to variations in implementation, making the process inconsistent across regions.

Key Points

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is a landmark legislation aimed at protecting the rights of landowners and affected families during land acquisition for development. It addresses past grievances and ensures that compensation is fair, and resettlement and rehabilitation are done transparently and effectively. However, its success depends on consistent and rigorous implementation by authorities at all levels, and a commitment to the fair treatment of all stakeholders involved.