Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013)

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act 2013)

Objectives and Characteristics of LARR Act 2013

Introduction:-

✓In a welfare state, the government undertakes several projects for public interest and development, such as construction of roads, bridges, industries, dams, and other essential infrastructure. For such purposes, the State often requires land. When government land is unavailable, it may acquire private land, a process known as land acquisition.

✓History background and enactment of Act:- To ensure that landowners are fairly compensated and that the process remains transparent, the Land Acquisition Act, 1894 was originally enacted. However, with changing times, this Act became outdated. Consequently, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013) was passed.

✓This Act is applicable across India.

Objectives of the LARR Act 2013:-

The Preamble of the LARR Act, 2013 outlines its main objectives:

1. Acquisition of land for industrialization, urbanization, and infrastructural development.

2. Ensuring acquisition only for public purposes.

3. Payment of fair compensation to landowners.

4. Ensuring transparency in the process of acquisition, rehabilitation, and resettlement.

5. Making affected persons partners in development.

6. Improving the social and economic condition of affected families.

7. Minimizing hardship and displacement caused by land acquisition.

👉 Overall Objective: To strike a balance between development needs and the rights of landowners by ensuring fair compensation and transparency.

Main Characteristics of the LARR Act 2013:-

The important key features of the LARR Act, 2013 are as follows:-

1. Applicability: Extends to the whole of India.

2. Structure: Contains 114 sections and 4 schedules.

3. Purpose: Land can be acquired only for public purposes.

4. Fair Compensation: Landowners are entitled to market value + solatium (Provision to give proper compensation to land owners and land holders)

5. Transparency: Detailed provisions for transparency in acquisition, rehabilitation, and resettlement.

6. Minimizing Displacement: Care has been taken to reduce hardships of affected persons and involve them in development.

7. Social Impact Assessment (SIA):

✓Mandatory under Section 4 of this act:- 

 (i) Provision is to consult with Panchayat, Municipality, or Municipal Corporation before the acquisition of land.

(ii) Provision for public hearing and expert review.

8. Food Security (Section 10): Safeguards against excessive acquisition of agricultural land.

9. Transparency Measures:

✓Publication of preliminary notification.

✓Preliminary land survey.

✓Compensation for damages during survey.

✓Publication of rehabilitation & resettlement scheme.

✓Adjudication of land acquisition by the Collector, etc.

10. Determination of Compensation:

✓Market value of land.

✓Criteria for fixing compensation.

✓Timely payment of compensation.

11. Rehabilitation & Resettlement (Chapter 5 & 6): Detailed provisions for displaced families.

12. Additional Compensation (Section 39): In cases of multiple displacements.

13. Special Provisions (Section 41): Protection for Scheduled Castes and Scheduled Tribes.

14. National Monitoring Committee: Established under Chapter 7.

15. Authority (Chapter 8): To oversee implementation.

16. Jurisdiction: 

✓Civil Courts excluded (Section 63).

✓Appeals lie to the High Court within 60 days (Section 74).

17. Compensation Issues (Chapter 9 & 10):

✓Apportionment of compensation.

✓Payment methods.

✓Interest at 9% for delayed payment.

18. Offenses:

✓Offenses under the LARR Act are non-cognizable.

✓Liability extends to company officials (Directors, Managers, Secretaries, Person incharge of conducting business of company).

✓Tried by Metropolitan Magistrate/ Judicial Magistrate First Class

19. Return of Unutilized Land (Section 101): Unutilized land must be returned to original owners.

Conclusion:-

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is a landmark legislation ensuring that land acquisition is carried out in a just, transparent, and humane manner. It provides for:

✓Fair market-based compensation

✓Social impact assessments

✓Special safeguards for vulnerable groups

✓Transparent procedures

Its ultimate goal is to balance the nation’s development needs with the rights of individuals, thereby making land acquisition more just and participatory.

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~ Aryavart Law Hub ( www.aryavartlawhub.in)