INTRODUCTION
The Indian Parliament passed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, which governs land acquisition and establishes the process and guidelines for providing compensation, rehabilitation, and resettlement to those who are impacted in India. The Act includes measures for fair compensation for landowners who lose their property, more transparency in the land acquisition process for industries, buildings, and infrastructure projects, and guarantees the rehabilitation of individuals who are impacted. The Land Acquisition Act, 1894, passed in the era of British administration, was replaced by the Act.
For the purposes of the Project, “land acquisition” refers to the forced taking or alienation of land, buildings, or other assets thereon. The landowner can be given the option to haggle over the suggested amount of compensation. This comprises property or possessions whose owner has undisputed customary rights.In this article we will go through the process of land acquisition as per Right to Fair Compensation and Transparency in
Land acquisition,Rehabilitation and Resettlement act,2013.Both sides (the government/private organisation and the original landowner) have the right to just compensation and transparency in land acquisition rehabilitation and resettlement under the Land Acquisition Act, also known as the RFCTLARR Act of 2013. Additionally, it forces the government to fairly compensate the original landowners and helps to transparently manage the entire property transaction. The significance of fairly paying the poor people whose land has been taken away is emphasised by this Act.
Purpose Land Acquisition Act,2013
1.According to this Act, either the state government or the federal government may purchase any land for their own use, the use of private businesses, or the use of the public. This comprises:
2.Any business that provides goods or services to the government’s defence or security agencies. This often includes bases or centres for the armed forces, military, or navy.
3.In order to develop public infrastructure. This does not apply to private medical facilities, academic institutions, or lodging facilities.
4.For any services connected to agriculture. This also applies to related industries that are controlled by governments or farmer cooperatives, such dairy and fishing.
for projects mentioned in the National Manufacturing Policy, such as industrial corridors, manufacturing zones, or other initiatives. This can also refer to mining operations.
5.Plans for villages’ projected development or water conservation programmes.
for establishing organisations financed by the government.
6.Pertaining to government housing construction plans. This is crucial for the planned advancements for the poor people’s rehabilitation.
7.For creating housing developments for those who are landless, destitute, or impacted by natural disasters.
Main characteristics of Land Acquisition Act,2013
1.Public Purpose-National security or defence purposes are what Section 2(1) refers to as “public purposes.” Housing construction initiatives for the underprivileged or rehabilitation programmes for those impacted by natural disasters are two more strategic uses for which property can be obtained.
2.Consent Clause: During any land purchase procedure, as was already noted, there are a few elements that require the consent of the landowner.
3.Emergency Acquisition-Land can be acquired more quickly under this provision in the event of national security needs and for the rehabilitation of those harmed by natural catastrophes.
4.Limitations on Land Acquisition: According to the 2013 Land Acquisition Act, multi-cropped areas cannot be purchased without fair compensation and transparency. In the event of acquisition for urgent needs, the responsible authority should create a cultivable wasteland with a similar area.
5.Compensation-Landowners are paid amounts that are twice the market value in urban areas and four times the market value in rural regions as compensation.
6.Land Acquisition,Rehabilitation and Resettlement Authority-It will be constituted by the state government as a “One Person” Land Acquisition, Rehabilitation and Resettlement Authority with the authority of a civil court development project.
7.Unused Land after acquisition-Land that has been purchased but has not yet been used cannot be used for another purpose. The government may use the land for another use if it is deemed inappropriate for the one for which it was designed. If there isn’t any activity on the land for five years, the original proprietor will get his land back.
Process of Land Acquisition
Land acquisition is normally done in three ways which we will discuss in details according to the said act:-
1.Acquisition under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2.Private negotiations with the landowners.
3.Acquisition through other Acts.
1.Acquisition under RFCTLARR Act of 2013-The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of 2013 states that the acquisition process begins with the issue of a preliminary notification. A preliminary notification under Section 11 in rural or urban areas shall be published if it seems to the appropriate Government that land in any area is necessary or likely to be required for any public purpose.
Release of the Notification:
The preliminary notice must be issued in the manner described below:-
(a)Published in the Official Gazette;
(b) in two daily newspapers published in the specified area, one of which must be in the local dialect;
(c) in the local language in the offices of the Panchayat, Municipality, or Municipal Corporation.
(d) posted on the relevant Government’s website;
In every case of land acquisition, the concerned Gram Sabha or municipality must be informed of the details of the notification issued at a meeting scheduled specifically for this purpose as soon as it is issued.
The notification that will be sent out must include information about the land that will be purchased, a description of the public purpose that will be served, a justification for the need to relocate the affected parties, a summary of the Social Impact Assessment Report, and information about the Administrator who will be in charge of rehabilitation and resettlement.
The court found that the language of Section 4(1) of the Land Acquisition Act, 1984 plainly implies that the provision is a mandatory one in Khub Chand v. State of Rajasthan. According to the Act’s subsequent structure, publication of the notification in the manner specified in Section 4(1) of the Act is a requirement for a legitimate acquisition.
The court ruled in Habib Ahmed v. State of Uttar Pradesh that the acquisition of the land was not necessary for a public purpose, hence neither the notification nor the declaration could be revoked. The State Government alone must assess whether or not the land is needed for a public purpose.
In K. Madhava Rao v. State of A.P.the court stated that it is the responsibility of the court to decide whether an acquisition is for a public purpose or not whenever the matter is raised. To start, the government is the best arbiter of whether an acquisition serves a public interest. It is not the only judge, though.
Section 16 further specifies that the Administrator for Rehabilitation and Resettlement shall conduct a survey and carry out a census of the affected families following the publication of the preliminary notification under subsection (1) of section 11 by the Collector, in the manner and within the time that may be prescribed.Section 17(1), the Rehabilitation and Resettlement Committee at the project level, established under Section 45, shall assess the draught Scheme presented by the Administrator pursuant to Section 16’s subsection (6). Section 17(2) The draught Rehabilitation and Resettlement Scheme is presented by the Collector to the Commissioner of Rehabilitation and Resettlement for approval.
Under Section 18,the Commissioner will have the approved Rehabilitation and Resettlement Scheme published in the affected areas in the manner that may be prescribed, and made available in the local language to the Panchayat, Municipality, or Municipal Corporation, as applicable, as well as the District Collector’s, Sub-Divisional Magistrate’s, and Tehsil offices.Section 19(1), specifies that a declaration to that effect and a declaration of an area designated as the “resettlement area” for the purposes of rehabilitation and resettlement of the affected families must be made under the hand and seal of the appropriate Government’s Secretary or of any other duly authorised officer whenever the appropriate Government determines that any specific land is needed for a public purpose.Under section 20 of the said act, the collector shall measure and mark out the land unless it is marked already marked under section 12.
Section 4 of the said act specifies and demands for the creation of a study on Social Impact Assessment. Section 4(1) specifies that whenever the appropriate Government intends to acquire land for a public purpose, it shall consult the affected Panchayat, Municipality, or Municipal Corporation, as applicable, at village level or ward level, and shall conduct a Social Impact Assessment study in consultation with them, in the manner and from the date specified by such Government by notification.This act basically deals with the preparation of Social Impact Association.Section 4(2) demands for making the notification of consultation and Social Impact Association Study available in local language to the Panchayat, Municipality or Municipal Corporation and to the office of District Collector and Sub-divisional Magistrate.Section 4(3) of this act specifies that the report of Social Impact Assessment shall be made available to the public.
Section 4(4) specifies all the matters to be included in the report like, whether the proposed acquisition serves public purpose ,estimation of affected families, properties likely to be effected by land acquisition, whether the proposed extent of land is bare minimum as required for the project etc.Under Section 4(5)The appropriate government shall, among other things, take into account the effects that the project is likely to have on different components such as the livelihood of affected families, public and community properties, assets and infrastructure, particularly roads, public transportation, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds, grazing land, plantations, public utilities etc.Under Section4(6) of the said act, the relevant Government must demand that the organisation performing the Social Impact Assessment research create a Social Impact Management plan.Listing the corrective actions necessary to be taken to address the effects of a particular component mentioned in subsection (5); these actions must not be less than what is offered under any scheme or programme currently being implemented in the affected area by the Central Government or, as the case may be, the State Government.Under Section 5,
whenever a social impact assessment is necessary to be prepared in accordance with section 4, the appropriate Government shall make sure that a public hearing is held in the affected area, after providing adequate publicity about the date, time, and location for the public hearing, to ascertain the opinions of the affected families to be recorded and included in the social impact assessment report. Section 6(1) the appropriate Government shall ensure that the Panchayat, Municipality, or Municipal Corporation, as the case may be, and the offices of the Social Impact Assessment Study Report and the Social Impact Management Plan referred to in sub-section (6) of section 4 are prepared and made available in the local language.Under Section 6(2) the Effect Assessment Agency designated by the Central Government to conduct environmental impact assessment must have access to a copy of the Social Impact Assessment report wherever environmental impact assessment is conducted. Section 7 specifies that the government must make sure that the Social Impact Assessment is evaluated by an independent multi-disciplinary “Expert Group”.Further Section 8 states that the government must ensure that the proposed land acquisition is done for genuine purposes and the sub sections under this section states that the government must also ensure that only the minimum area of land needed for the project should be acquired and not more than that.Under Section 9 The appropriate Government may exclude the Social Impact Assessment study from being conducted when land is proposed to be acquired using the urgency procedures under Section 40.However even after presentation of proper notice to interested person(section 21) and after hearing objection(Section 15) from any person interested in the land, the land acquisition shall be deemed to have lapsed in certain cases as per section 24 of this act like in all cases (a) where no award under section 11 of the aforementioned Land Acquisition Act has been made; or (b) where an award under said section 11 has been made, in which case the proceedings shall proceed in accordance with the provisions of the aforementioned Land Acquisition Act as if the aforementioned Act had not been repealed.
Where an award under said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid, said award shall not apply to any land acquisition proceedings commenced under said Land Acquisition Act, 1894 (1 of 1894).Thus, this is the process of lan acquisition as per the said act.
2.Private negotiations with the landowners-The LARR Act of 2013 permits direct private discussions with landowners for the purpose of purchasing land. These can be used if a small area of land is accidentally left after the first acquisition or if the land can be bought without following the drawn-out procedure required by the LARR Act, 2013. The district collector must be a member of the negotiation committee that the state government forms. The award and multiplier are in accordance with state government regulations. An example of how this was done is when the Maharashtra government chose to negotiate the purchase of land for new non-irrigation projects in 2015 and formed a 7-member committee under the direction of the district collector to determine the amount of compensation to be paid to the landowner.
Following are the steps:
a.The State Government appoints a committee for negotiations.
b.With the cooperation of all involved departments and landowners, the requirements are jointly inspected.
c.To fix land rates, negotiations with landowners are conducted.
d.Committee recommendations that have been accepted by the state government .
e.The Collector makes an award, money is paid, and ownership of the land is given.
3.Acquiring through other Acts -Acts like the National Highways Act of 1956 and the Railways Act of 1989 are exempt from the LARR Act’s 2013 regulations. Although the compensation, rehabilitation, and resettlement provisions of these Acts must be in accordance with the provisions under the LARR Act of 2013, the acquisition
under these Acts may be carried out in accordance with the terms in the relevant Acts.
CONCLUSION
A delay in project completion and significant financial losses can result from errors in title verification or the acquisition procedure that keep the land needed for the project involved in litigation and disputes. Therefore, it is crucial to follow the procedures for checking the land title and subsequent acquisition as described above (while taking into account any variations that may need to be taken into account due to different rules in different states) to ensure that the project can begin without delay and that all other approvals and clearances can be obtained.
Sources
- https://www.nobroker.in/blog/land-acquisition-act-2013/(The no broker times)
- 2.https://www.casemine.com/(casemine)
3.https://www.legalserviceindia.com/article/l257-Process-of-Land-Acquisition.html
4.The Right to fair compensation and transparency in land acquisition,rehabilitation and resettlement act,2013
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
We do conduct several Courses, Quizs and Webinars, Click here to register
Do follow me on Facebook, Twitter Youtube and Instagram.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com
In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories