What is the Land Acquisition Act?

Land Acquisition Act or Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act is a law in Indian judiciary which states that if the government or private bodies get into land acquisition process they must follow the rules and procedures that are set for granting compensations, rehabilitation and resettlement opportunities. The act states that the owners of the land must be kept in loop and all the information must be shared with them before acquisition.

The major components of Land Acquisition Act India, 2013 are:

• Before acquiring the land for a public-private partnership project, an approval of 70% landowners will be required. Similarly, if it is a privately owned project, the approval of 80% land owners will be required. However, if it is a government owned public developmental project then there is no requirement of consent from landowners.

• It is mandatory to do Social Impact Assessment. In case of acquisition for an irrigation project, the Environmental Impact Assessment is required.

• An irrigated multi-cropped land cannot be acquired beyond a limit set by the state government.

• In case the project doesn’t start until 5 years of land acquisition, the land will be returned to the landowners or land bank (whichever is applicable)

• A dispute settlement chairman will be appointed by the states to settle land acquisition related disputes for speedy disposal of complaints.

• The compensation awarded in the rural areas for land acquisition is four times the market rate, whereas in urban areas it is set at twice the market value.

• If any artisans, small traders, fishermen, etc. are affected by the land acquisition, they will also get the compensation despite not being the owner of the land.

• In case of acquisition of a fertile land, the government must compensate with the same size of a wasteland for agricultural purposes.

• Any grief or grievances can be reported to Land Acquisition, Rehabilitation and Resettlement (LARR) Authority.

Earlier, the Land Acquisition Act (1894) had a few shortcomings such as forced acquisitions, no safeguards, no provision for resettlement or rehabilitation, unclear take on the urgency clause, etc.

I hope you have a better understanding of Land Acquisition Act India now.