The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (often referred to as the Land Acquisition Act, 2013) is a legislation in India that outlines the procedures for acquiring land for public and private purposes while safeguarding the rights and interests of landowners and affected families. The Act emphasizes fair compensation, transparency in the acquisition process, and rehabilitation and resettlement of affected communities. Below is an overview of the procedure for land acquisition under this Act:
1. Social Impact Assessment (SIA):
- The process begins with a Social Impact Assessment (SIA) to evaluate the potential impact of the proposed acquisition on the affected community.
- Baseline data is collected to understand the existing social, economic, and cultural conditions of the area.
2. Public Consultation:
- The findings of the SIA are shared with the affected community through public consultations and hearings.
- The views and concerns of the affected people are considered during the decision-making process.
3. Consent for Acquisition:
- For private projects, the Act requires obtaining the consent of at least 80% of the affected families. For public-private partnership projects, the consent requirement is 70%.
4. Declaration of Intent:
- The appropriate government authority issues a declaration of intent to acquire the land, specifying the purpose and the extent of land required.
5. Preliminary Notification:
- A preliminary notification is issued, providing details of the land to be acquired, and the affected parties are notified. This marks the beginning of the acquisition process.
6. Land Acquisition Officer's Report:
- The Land Acquisition Officer conducts an inquiry and prepares a report, which includes details about the nature of the land, its value, and the compensation amount.
7. Objections and Hearing:
- Affected landowners have the opportunity to raise objections to the acquisition within 30 days of the preliminary notification. A hearing is conducted to address these objections.
8. Declaration of Acquisition:
- After considering objections and conducting hearings, the appropriate government issues a final declaration of acquisition.
9. Compensation and Rehabilitation:
- Compensation is determined based on the market value of the land and other factors. The Act emphasizes fair compensation and rehabilitation for affected families, including resettlement if necessary.
10. Payment of Compensation:
- Compensation is paid to the landowners, and the possession of the land is taken by the acquiring authority.
11. Resettlement and Rehabilitation:
- In cases where families are displaced, the Act mandates the formulation and implementation of a Rehabilitation and Resettlement Plan. This includes providing alternative housing, livelihood support, and other amenities.
12. Dispute Resolution:
- The Act provides mechanisms for resolving disputes related to compensation and rehabilitation through appropriate forums.
It's important to note that the Land Acquisition Act, 2013, was amended in 2015 to address certain concerns and issues raised by various stakeholders. The amendments clarified some provisions and enhanced compensation and rehabilitation measures for affected families. Any further updates or changes to the legislation after my last training cut-off in January 2022 may not be reflected in this response.
