OVERVIEW OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (commonly known as the Land Acquisition Act, 2013) is a legislation enacted by the Government of India. It was passed with the objective of regulating the process of land acquisition and ensuring fair compensation, as well as providing rehabilitation and resettlement measures for those affected by land acquisition.

Here is an overview of the key provisions of the Act:

1. Purpose of Acquisition: The Act defines the purposes for which land can be acquired, including public purposes such as infrastructure projects, national security, and industrialization.
2. Social Impact Assessment (SIA): The Act requires the completion of a Social Impact Assessment to identify and assess the social, economic, and environmental consequences of the proposed acquisition. The SIA report must be made public and should include details of the affected families and their entitlements.
3. Consent and Consultation: The Act mandates the consent of affected families for private projects and the consent of at least 70% of affected families for public-private partnership projects. Additionally, the Act requires consultation with Gram Sabhas (village councils) in case of acquisition in rural areas.
4. Compensation and Rehabilitation: The Act provides for fair compensation for the acquired land, which includes the market value of the land, plus additional components such as solatium, rehabilitation and resettlement benefits, and other specified entitlements. The Act also provides for alternative livelihood opportunities, vocational training, and housing assistance for affected families.
5. Restrictions on Acquisition: The Act imposes certain restrictions on the acquisition of multi-crop agricultural land, where possible, to protect food security.
6. Grievance Redressal: The Act establishes authorities at the district, state, and national levels to adjudicate disputes and address grievances related to land acquisition, compensation, and rehabilitation.
7. Transparency and Accountability: The Act emphasizes transparency by requiring the publication of all relevant information regarding land acquisition and rehabilitation. It also includes provisions for penalizing authorities for non-compliance with the Act’s provisions.

It is important to note that the Land Acquisition Act, 2013, replaced the previous Land Acquisition Act of 1894, which was criticized for its lack of safeguards for the rights of affected landowners and inadequate compensation. The 2013 Act aimed to address these concerns and strike a balance between development needs and the protection of the rights and interests of those affected by land acquisition.