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Land Acquisition Act 2013

Revenue & Panchayati Raj · भूमि अधिग्रहण अधिनियम 2013 · 18 facts

1

LARR Act 2013: Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013; replaced colonial Land Acquisition Act 1894 (119 years old).

2

Social Impact Assessment (SIA): Mandatory before any acquisition; assesses impact on livelihoods, social structures, infrastructure; public hearing required; SIA Authority reviews.

3

Consent requirement for PPP projects: 70% of affected landowners must give consent for Public-Private Partnership (PPP) projects; consent collected through a process defined in the Act.

4

Consent for private projects: 80% of affected landowners must give consent for private companies; ensures public purpose is genuine; prevents forced acquisition for private gain.

5

Urban area compensation: Market value × 2 (double market value); plus solatium 100% of total compensation; plus additional benefits; ensures fair compensation for urban landowners.

6

Rural area compensation: Market value × 4 (four times market value) in rural areas; plus solatium 100% of total; this is significantly higher than urban because rural land is undervalued.

7

Rehabilitation and Resettlement (R&R): Mandatory R&R package for displaced families; includes housing, employment or annuity, subsistence allowance, transportation; R&R Award before possession.

8

Multi-crop irrigated land protection: Multi-crop irrigated land (double-cropped) should not be acquired as far as possible; food security concern; only with special justification.

9

Food security provision: Government must minimize acquisition of agricultural land; food security to be balanced against development; urgency clause restricted (not available for private projects).

10

Return of unused land (Section 101): If acquired land remains unused for 5 years, it must be returned to original landowner or land bank; prevents speculative acquisition by government.

11

Collector role: District Collector (DM) determines compensation; issues Land Acquisition Award; hears objections; takes possession; can refer disputes to Land Acquisition Rehabilitation and Resettlement Authority (LARRA).

12

LARRA (Land Acquisition Rehabilitation and Resettlement Authority): Quasi-judicial body for disputes on compensation, R&R; appeals from Collector's award; faster than courts.

13

States amendments: States like Rajasthan, Gujarat, Andhra Pradesh, Telangana amended LARR 2013 to reduce consent requirement and SIA for certain projects; central vs state balance.

14

LARR Amendment Ordinance 2015: Central Government promulgated ordinance to dilute LARR (reduce consent for 5 categories including defence, railways, affordable housing); lapsed due to political opposition.

15

Scheduled Tribes and Forest Rights: For tribal areas, Forest Rights Act 2006 consent and 73rd Schedule obligations must be met; prior consent of Gram Sabha (PESA areas) required.

16

Urgency clause (Section 40): Earlier 1894 Act had broad urgency clause; LARR 2013 restricts urgency clause to defence and national security only; prevents misuse.

17

Infrastructure vs agricultural land: Industrial corridors, highways, railways often require agricultural land; LARR 2013 aims to balance infrastructure development with farmers' rights and food security.

18

Key improvement over 1894 Act: LARR 2013 provides consent, SIA, 4x compensation, R&R package, return of unused land, restricted urgency; 1894 had none of these safeguards.