THE NEW LAND ACQUISITION ACT

“The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,” commonly referred to as the Land Acquisition Act, came into effect from  January 1, 2014. The new legislation will guide all land acquisitions of central and state governments, bringing in stricter norms and increasing landowners’ compensation significantly.

The historic Act replaced a 120-year-old legislation and provides just and fair compensation to farmers which was passed by both Houses of Parliament with overwhelming majority during the Monsoon session last year. It received the Presidential assent on September 27, 2013.

The salient features of the Act:-

Applicability

Both Land Acquisition and Rehabilitation & Resettlement Provisions would  apply in the following cases:

1.    Government acquires land for its own use, hold and control

2.    Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose. (Land acquisition can only take place if the consent of 80% of the affected families is obtained)

3.    Government acquires land for Public Private Partnership Projects (Land acquisition can only take place if the consent of 75% of the affected families is obtained)

4.    Only Rehabilitation & Resettlement Provisions  would apply to private companies acquiring land for a project which is more than the threshold set by State Government.

Process of Acquiring Land:

The Appropriate Government intending to acquire Land should conduct Social Impact Assesment covering aspects such as estimation of affected families, extent of Hospitals, Schools affected by such project, whether any alternative location can be explored etc.. in consultation with Panchayts, Municipalities or Municipal Corporations etc.

The Social Impact Assessment Report should be appraised by an Expert Group consisting of  experts  such as scientists, representatives from Panchayats, experts on rehabilitation etc. The expert group should give its report within 2 months from date of constitution.

The appropriate government after considering Collector Report if any and Report of Expert Group on Social Assessment Study recommend for such area of Land Acquisition. The Appropriate Government should issue Preliminary Notification for acquisition of Land  along with summary of SIA in at least two dailies and in local language in panchayats & Municipalities

The collector should update records of such land within a period of 2 months of such preliminary Notification. Upon issual of the Administrator should conduct census for assessing livelihood lost, public utilities effected etc for preparing Rehabilitation and Resettlement Scheme. 

The following minimum components should be incorporated in the Comprehensive R & R  as follows and the collector should give individual award for providing compensation:

1. Subsistence allowance at Rs. 3000 per month per family for 12 months;

2. The affected families shall be entitled to:

(a) Where jobs are created through the project, mandatory employment for one member per affected family or

(b) Rupees 5 lakhs per family or

(c)Rupees 2000 per month per family as annuity for 20 years,  with appropriate index for inflation;

The option of availing (a) or (b) or (c) shall be that of the affected family:

3. If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq mts in plinth area. In either case the equivalent cost of the house may also be provided in lieu of the house as per the preference of the project affected family;

4. One acre of land to each family in the command area, if land is acquired  for an irrigation project if possible BUT the same shall be in lieu of  Compensation;

5. Rs 50,000 for transportation;

6. A one-time “Resettlement Allowance‟ of Rs 50,000;

7. The Market Value of Land (which is average of sales price registered in sales deed for preceding 3 years) or price specified in Indian Stamp Act, 1899 whichever is higher plus value of assets such building/trees etc.

8. Solatium of 100% compensation

Timelines for Compensation

1. Compensation will be given within a period of three months from the date of the award;

2. Monetary R&R entitlements will be provided within a period of six months from the date of the award;

3. Infrastructure R&R entitlements will be provided within a period of eighteen months from the date of the award;

4. No involuntary displacement will take place without completion of R&R;

5. In irrigation or hydel projects, R&R shall be completed six months prior to submergence

Authorities under the Act:

Level	Authority Name	Function
National Level	National Monitoring Committee	Overseeing overall central projects.
State Level	State LA & RR Authority	For Dispute Resolution for state projects
	Committee Constituted by Appropriate Government	To determine whether the projects are for public purpose
	State Commissioner RR	Over all Admin for state LA & RR
Project Level	District Collector	Overall Coordination
	Administrator, RR	Admin Project Level-RR
	RR Committees	Overseeing  (members of civil society, Elected Representatives etc.)