LAND LAWS UNIT II :-Right to Fair Compensation and Transparency in Land Acquisition

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (popularly known as the Land Acquisition Act 2013) brings a fresh perspective to land acquisition practices in India. It aims to protect the rights of individuals while balancing the demands of development. With this legislation, the government seeks to empower affected families, ensuring they are treated fairly and compensated properly. In this post, we will delve into the key features and implications of the Act, exploring how it affects compensation and rehabilitation.

Definitions

1. Definitions (Section 3)

Key terms defined include:

• Affected families, Public purpose, Land owner, Rehabilitation and resettlement, etc.
• Clarifies who qualifies for compensation and benefits under the Act.

Understanding the key terms in the Land Acquisition Act 2013 is essential for grasping its implications.

• "Land" encompasses the surface of the earth, including natural resources and anything permanently attached to the land.
• An "Affected Person" can be defined as any individual impacted by land acquisition. This includes landowners, tenants, and anyone with rights or interests in the property.
• The term "Authority" refers to the Land Acquisition, Rehabilitation and Resettlement Authority, which oversees the Act's implementation.

These definitions create a foundation for addressing issues related to land acquisition and ensure that all stakeholders are recognized.

Determination of Social Impact and Public Purpose

2. Determination of Social Impact and Public Purpose (Section 4 to 9)

• Social Impact Assessment (SIA) is mandatory before land acquisition.
• It evaluates:
• Whether the land acquisition serves a legitimate public purpose.
• Impact on livelihoods, environment, and local communities.
• Report must be published for public objections.

A significant feature of the Act is its emphasis on evaluating the social impact and public purpose of land acquisition. Prior to acquiring any land, the government must perform a thorough study to assess potential effects on affected communities.

This evaluation includes several factors:

• The livelihoods of affected families
• Possible displacements and their impacts
• The long-term benefits to society, like improved infrastructure or housing

For instance, when the government undertook the Delhi-Mumbai Expressway project, a detailed social impact assessment was conducted, revealing how the project would enhance connectivity and economic growth, while also outlining the requirement for compensation and relocation for affected families.

Preliminary Investigation for Social Impact Assessment

3. Preliminary Investigation for SIA (Section 4)

• Government notifies the intent to conduct SIA.
• Independent experts conduct the study with participation from Gram Sabha and local bodies.

Before land can be acquired, a preliminary investigation is essential. This step involves engaging local communities and stakeholders to gather insights about potential social impacts and the public purpose behind the project.

During this phase, authorities work to identify possible grievances and collect feedback from affected individuals. This approach fosters transparency, ensuring that local voices are heard throughout the acquisition process.

This community engagement reflects a significant shift toward participatory governance, encouraging trust and collaboration between the government and citizens.

Special Provision to Safeguard Food Security

4. Special Provision to Safeguard Food Security (Section 10)

• Restricts acquisition of:
• Multi-crop irrigated land.
• Agricultural land, especially if it affects food security.
• Alternative land must be considered.

The Land Acquisition Act 2013 places a strong emphasis on food security by including specific protections for agricultural land. Notably, the Act prohibits acquiring irrigated multi-cropped land unless no viable alternatives are available.

This provision protects the livelihoods of millions of farmers and helps maintain the nation's food supply. For example, in Karnataka, this rule has prevented large-scale land acquisition in areas crucial for rice cultivation, safeguarding the agricultural output and livelihoods of local families.

Notification and Acquisition Process

5. Notification and Acquisition (Sections 11 to 16)

• Section 11: Preliminary notification of intention to acquire land.
• Section 15: Hearing of objections.
• Section 19: Declaration of acquisition after approval of SIA.
• Section 21: Public notice and marking of land boundaries.

Once the preliminary investigation is complete, the government issues a notification to announce its intention to acquire land. This notification includes key information, such as:

• The purpose of the acquisition
• Details about the land involved

After this notification, the acquisition process can begin, but it must adhere to the Act to guarantee fair compensation and rehabilitation for affected families. Property owners receive adequate time to express their concerns and engage in discussions, allowing them to participate in the process actively.

Rehabilitation and Resettlement Award

6. Rehabilitation and Resettlement Award (Sections 31 to 33)

• Award includes:
• Monetary compensation.
• Allotment of land/houses.
• Employment or annuity, where applicable.
• Benefits extend to tenants and livelihood losers, not just landowners.

A cornerstone of the Act is its provision for rehabilitation and resettlement awards for affected families. It assures that fair compensation is provided alongside additional support for families transitioning to new lives.

The compensation might include:

• Substantial financial payments
• Skill development programs to help individuals find new jobs
• Housing assistance for new accommodations

This approach is crucial in ensuring that individuals do not face hardships due to land acquisitions, affirming the Act's commitment to social equity. In Haryana, for example, families displaced by infrastructure projects received skill training and financial support, enabling them to adapt effectively.

Procedure for Rehabilitation and Resettlement

7. Procedure and Manner of Rehabilitation and Resettlement (Sections 16-32)

• Detailed procedures including:
• Preparation of Rehabilitation and Resettlement Scheme.
• Public hearings.
• Consultation with Gram Sabha.

The Act outlines specific procedures for conducting rehabilitation and resettlement. It mandates that a detailed framework is in place to define the rights and entitlements of affected individuals.

Authorities must ensure that compensation, housing, and livelihood assistance are delivered promptly. Transparency is also a priority, empowering affected persons to track progress during the rehabilitation process and seek help when needed.

Providing a clear procedure enhances accountability, ensuring that those impacted receive appropriate support.

National Monitoring Committee for Rehabilitation and Resettlement

8. National Monitoring Committee for R&R (Section 48)

• Central Government may constitute this committee.
• Monitors and evaluates R&R plans and their implementation.

To ensure the effective implementation of the rehabilitation and resettlement provisions, the Act establishes a National Monitoring Committee. This committee reviews processes, assesses compliance with the Act, and ensures that the rules are followed.

By promoting transparency and accountability, the committee allows affected individuals to voice their concerns and seek remedies for any issues within the rehabilitation process.

Establishment of the Land Acquisition, Rehabilitation and Resettlement Authority

9. Establishment of LARR Authority (Section 51)

• One or more authorities to adjudicate disputes regarding:
• Measurement.
• Compensation.
• Rehabilitation and resettlement.

The Act also facilitates the establishment of a Land Acquisition, Rehabilitation and Resettlement Authority. This specialized body oversees all processes related to land acquisition and acts as a regulatory body.

The Authority reviews applications for land acquisition, ensuring compliance with the Act and addressing conflicts that may emerge. This centralized approach aims to institutionalize fair practices in land acquisition, making the process more accountable.

Apportionment of Compensation and Temporary Occupation of Land

10. Apportionment of Compensation, Payment & Temporary Occupation (Sections 24-37)

• Apportionment among stakeholders like co-owners.
• Compensation to be paid within stipulated time.
• Temporary occupation provisions (for non-permanent projects).

Compensation must be allocated fairly among all affected parties, reflecting their rights and interests. The Act emphasizes timely and transparent payments to rightful owners.

In cases where temporary occupation of land is necessary—such as during redevelopment—the guidelines ensure that affected individuals are compensated for inconveniences during this period.

This structured approach underscores the Act’s commitment to fairness in compensation practices.

Offences and Penalties

11. Offences and Penalties (Sections 84-90)

• Penalties for:
• False information during acquisition.
• Non-compliance with R&R requirements.
• Company officers can be penalized individually for corporate offenses.

To promote compliance with the provisions of the Land Acquisition Act 2013, the legislation includes clauses defining various violations and penalties.

Failure to follow the Act's requirements, like neglecting to pay agreed compensation or improperly acquiring land, can result in severe penalties. These legal provisions deter misconduct and promote accountability, ensuring that affected persons receive fair treatment throughout the acquisition and rehabilitation processes.

summarized table of the key provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:

S. No.	Topic	Summary
1	Definitions	Defines key terms like "affected families", "public purpose", "rehabilitation", etc.
2	Social Impact Assessment (SIA)	Mandatory SIA to assess public purpose, impact on livelihoods and environment; involves public hearing.
3	Preliminary Investigation	Govt. issues notification for SIA; includes survey and Gram Sabha consultation.
4	Safeguarding Food Security	Restricts acquisition of multi-crop irrigated land; ensures alternatives to protect agricultural productivity.
5	Notification & Acquisition Process	Involves preliminary notification, hearing of objections, declaration of acquisition, and marking of land.
6	R&R Award	Compensation includes money, land, housing, jobs, or annuity; covers both landowners and livelihood losers.
7	Procedure for R&R	Preparation of R&R Scheme with community participation; must be approved and implemented alongside land acquisition.
8	National Monitoring Committee	Set up by Central Government to oversee R&R implementation across the country.
9	LARR Authority	Quasi-judicial authority to resolve disputes on compensation and R&R; ensures speedy redressal.
10	Apportionment, Payment & Temporary Possession	Details how compensation is distributed; ensures timely payment; allows temporary land use for projects with conditions.
11	Offences & Penalties	Penal provisions for misinformation, procedural violations, and non-compliance with R&R provisions.

Moving Forward with Fair Compensation

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 is a significant step towards addressing the challenges of land acquisition in India. By prioritizing fair compensation, public impact assessments, and dedicated rehabilitation efforts, the Act supports the rights of affected individuals while promoting societal benefits.

Through its comprehensive features, the Act aims to create a fairer and more transparent system for land acquisition. As we navigate ongoing challenges related to land use and development, it is vital that all stakeholders engage in productive dialogue, advocacy, and adherence to the principles set out in this legislation to cultivate a just society.

In essence, the Land Acquisition Act 2013 is not merely a legal framework; it represents a vital initiative for ensuring fairness, accountability, and transparency in one of society's most sensitive areas—land ownership and its utilization.