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The Right To Fair Compensation and Transparency in Land Acquisition

The document summarizes the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It addresses concerns of farmers and those dependent on land being acquired, while enabling land acquisition for projects. The previous Land Acquisition Act of 1984 did not adequately address rehabilitation and resettlement. The new act defines public purpose narrowly and ensures comprehensive compensation packages for landowners. It mandates infrastructure and amenities in resettlement areas and requires social impact assessments of land acquisition.

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Jaspreet Chandi
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353 views2 pages

The Right To Fair Compensation and Transparency in Land Acquisition

The document summarizes the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It addresses concerns of farmers and those dependent on land being acquired, while enabling land acquisition for projects. The previous Land Acquisition Act of 1984 did not adequately address rehabilitation and resettlement. The new act defines public purpose narrowly and ensures comprehensive compensation packages for landowners. It mandates infrastructure and amenities in resettlement areas and requires social impact assessments of land acquisition.

Uploaded by

Jaspreet Chandi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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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 addresses concerns of farmers and those whose livelihood are
dependent on the land being acquired, while at the same time facilitating land acquisition for
industrialization , infrastructure and urbanization projects in a timely and transparent manner.
OBJECT AND REASON
The land Acquisition Act, 1984 is the general law relating to the acquisition of the land for
public purpose and also for companies and for determining the amount of compensation to be
made on account of such acquisition. The said act does not address the issues of rehabilitation
and resettlement to the affected persons and their families.

 It definition of public purpose was very wide which to be re-defined as to restrict its
scope for acquisition of land for strategic purposes for state and infrastructural projects.
It is proposed to repeal the act.
 Multiple amendments have been done by central as well as state government. The
LAND ACQUISITION (AMENDMENT) BILL,2007 AND REHABILITATION AND
RESETTLEMENT BILL,2007 were introduced in lok sabha in December 2007 and referred
to PARLIAMENTARY STANDING COMMITTEE ON RURAL DEVELOPMENT FOR
EXAMINATION AND REPORT .
 The committee presented its report to Lok Sabha on 21 october 2008 and rajya sabha.
The official amendment bill was passed by lok sabha on 25 February 2009. But it lapsed
with dissolution of the 14 lok sabha.
 The bill for repealing and replacing the land acquisition act, 1894 with broad provisions
for adequate rehabilitation and resettlement mechanism for the project affected
persons and their families.
 Additional benefits beyond monetary compensation has to be provided to families
affected adversely by involuntary displacement and also the careful assessment of the
economic disadvantages and the social impact arising out of displacement.
R.T.F.C.L.A.R.A.R.S.A.,2013 Has been passed by parliament on 26 sep. 2013

 It defined public purpose so that government in acquisition is limited to defence, certain


development projects only.
 It ensured comprehensive compensation package for land owners a scientific method
for calculation of the market value of the land has been proposed. Solatium is increased
to 100% of the total compensation.
 Infrastructural amenities to be provided in the resettlement area including schools, play
grounds, health centres, roads, safe drinking water.
 A social impact analysis is made for the prior acquisition of the land by the appropriate
government.
APPLICATION OF THE ACT
SECTION 2 sub section (1) says when the appropriate govt. requires land for its own us, hold
or control for public undertakings and for public purpose and shall include following purposes:

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