Land Acquisition Act 2013 — Set 6

Correct Answer: A. All Union Territories

The LARR Act 2013 applies to all states and Union Territories in India. Since Land Acquisition is a Union subject under Entry 42 of List III (Concurrent List) of the Constitution, the central legislation applies throughout India. States can make additional provisions through state laws that add to (not subtract from) the protections provided under the Central Act.

Correct Answer: B. Mortgage holders receive the compensation with appropriate deductions to settle the mortgage

The LARR Act 2013 recognizes the interests of all persons with legal stakes in the acquired land, including mortgagees, lessees, and persons with usufructuary mortgages. The Collector must notify all interested persons and determine their respective shares in the compensation. The compensation is then distributed appropriately, including settling outstanding mortgages and ensuring that creditors and debtors are each paid their due share.

Correct Answer: B. Private companies need 80% consent; Government companies acquire on their own authority

Under the LARR Act 2013, when land is acquired for private companies (including private sector enterprises), 80% consent of affected families is required. For PPP projects, 70% consent is required. For purely government projects (central or state government or government companies), the consent requirement does not apply. This distinction recognizes the difference between public interest and private profit motive in land acquisition.

Correct Answer: B. Enhanced R&R provisions with special cultural protections

The LARR Act 2013 provides enhanced protection for Particularly Vulnerable Tribal Groups (PVTGs) / Primitive Tribal Groups displaced by acquisition. Their resettlement must be in a tribally homogenous area preferably in the same scheduled area, cultural and community integrity must be maintained, and additional social security measures must be provided. This recognizes that PTGs are particularly vulnerable to cultural disruption caused by displacement.

Correct Answer: B. 6 months

The Social Impact Assessment under Section 4 of the LARR Act 2013 must be completed within 6 months from the date of its commencement. The SIA must include public hearings in the affected area, with at least one public hearing in each affected village. This time limit prevents indefinite delays in project initiation while ensuring adequate time for thorough assessment of social impacts.

Correct Answer: B. Families who use the water body for fishing livelihood when the water body is acquired

The LARR Act 2013 explicitly includes fishing communities in its definition of 'affected families' when a water body (pond, lake, river area) is acquired. Families whose primary livelihood depends on fishing in the acquired water body are entitled to full R&R benefits even if they don't own the land. This progressive provision recognizes the livelihood rights of communities dependent on common property resources.

Correct Answer: B. Collector must provide temporary accommodation and subsistence allowance to those displaced before the final award

Under the LARR Act 2013, where families must be displaced before the final award due to project urgency, the Collector must ensure temporary accommodation and pay a subsistence allowance during the transition period. This provision prevents homelessness and destitution during the pendency of R&R proceedings. The subsistence allowance and temporary shelter are part of the interim R&R measures before permanent resettlement.

Correct Answer: B. An Administrator for Rehabilitation and Resettlement

Section 43 of the LARR Act 2013 provides for the appointment of an Administrator for Rehabilitation and Resettlement by the appropriate government. The Administrator is responsible for supervising, preparing, and implementing the R&R scheme, monitoring compliance, receiving grievances, and submitting reports to the Commissioner-level authority. This dedicated officer ensures focused attention on the welfare of displaced persons.

Correct Answer: B. High Courts retain writ jurisdiction to review acquisition proceedings for constitutionality

Despite the specific remedy through LARRA (Land Acquisition Rehabilitation and Resettlement Authority), High Courts retain their constitutional writ jurisdiction under Article 226 to review land acquisition proceedings on grounds of violation of fundamental rights or constitutional provisions. This dual remedy system ensures robust judicial oversight. The Supreme Court under Article 136 (SLP) can also entertain appeals from High Court judgments on land acquisition matters.

Correct Answer: B. Retrospective application — lapses of old acquisitions under 1894 Act

Section 24 of the LARR Act 2013 deals with retrospective application, declaring that acquisitions under the old Land Acquisition Act 1894 will be deemed to have lapsed if: (a) no award was made, or (b) where award was made but possession was not taken and compensation not paid for 5 years or more. This section was extensively litigated and the Supreme Court in Pune Municipal Corporation v. Harakchand Misirimal (2014) clarified its interpretation.