To provide the text and a short practical introduction to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for legal research on land acquisition, compensation, rehabilitation and resettlement in India.
Overview #
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is India’s principal central legislation governing compulsory acquisition of land for public purposes and related rehabilitation and resettlement obligations. It replaced the older land acquisition framework with a more detailed process covering social impact assessment, public hearings, determination of market value, compensation, solatium, rehabilitation and resettlement awards, and remedies before the Land Acquisition, Rehabilitation and Resettlement Authority.
Object of the legislation #
The object of the Act is to ensure that land acquisition is carried out in a fair, transparent and participatory manner, while balancing public purpose projects with the rights of landowners, livelihood losers and affected families. The legislation seeks to reduce arbitrary acquisition, require assessment of social impact, safeguard food security, provide fair compensation, and make rehabilitation and resettlement an integral part of the acquisition process.
Scope and relevance #
The Act is relevant to acquisitions initiated by the appropriate Government for public purpose, including acquisitions involving requiring bodies, local authorities and specified private or public-private projects where the Act applies. It is used by revenue authorities, land acquisition officers, project authorities, landowners, affected families, lawyers and courts in disputes relating to notification, objections, awards, possession, compensation, apportionment, rehabilitation benefits, interest and appeals.
In practice, this Act must often be read with State rules, notifications, land revenue laws, registration and stamp provisions, project-specific notifications and any applicable State amendments or modifications.
Selected important provisions and themes #
- Sections 4 to 9 deal with Social Impact Assessment, public hearing, publication of the SIA study, appraisal by an Expert Group and exemption from SIA in specified cases.
- Section 10 contains special provisions intended to safeguard food security while considering acquisition of agricultural land.
- Sections 11 to 23 cover the acquisition process from preliminary notification, survey, objections, Rehabilitation and Resettlement Scheme, declaration, notices, enquiry and the Collector’s award.
- Sections 24 to 30 address lapse of certain earlier acquisition proceedings, time for making award, determination of market value, compensation, value of things attached to land and solatium.
- Sections 31 to 42 deal with the Rehabilitation and Resettlement Award, infrastructure in resettlement areas, possession, additional compensation for multiple displacement, urgency powers and special provisions for Scheduled Castes and Scheduled Tribes.
- Sections 51 to 74 establish the Land Acquisition, Rehabilitation and Resettlement Authority, its powers, references, public proceedings, awards and appeals to the High Court.
- Sections 75 to 80 cover apportionment and payment of compensation, deposits, investment of deposited money and interest.
- Sections 99 to 102 address important post-acquisition controls such as no change of purpose, restriction on change of ownership, return of unutilised land and sharing of higher consideration on transfer.
How to use this Bare Act #
- Start with Sections 2 and 3 to identify whether the Act applies and to understand statutory terms such as affected family, appropriate Government, Collector, public purpose and requiring body.
- For validity of acquisition, read the Social Impact Assessment provisions, preliminary notification, objections, declaration and award provisions together rather than in isolation.
- For compensation disputes, focus on the Collector’s determination of market value, compensation, solatium, interest, apportionment and the reference mechanism before the Authority.
- For displacement and livelihood impact issues, examine the Rehabilitation and Resettlement Award and the provisions on amenities, SC/ST safeguards and multiple displacement.
- Check applicable State rules, notifications and amendments before advising on limitation, procedure, calculation multipliers or operational forms.
Related Bare Acts and statutes #
This page is intended as a Bare Act reference and introductory guide. Land acquisition law is strongly affected by State rules, notifications, amendments and project-specific orders. Users should verify the latest amended text, applicable State law and current judicial interpretation before relying on any provision.
