The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013)
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Act No. 30 of 2013, enacted by Parliament, is the central law that governs how land may be acquired for public purposes and how affected people must be compensated, rehabilitated and resettled. It sets out a process that includes Social Impact Assessment, public hearing, objections, awards by the Collector, rehabilitation and resettlement measures, and appeals. It also applies in specified cases involving public private partnership projects, private companies for public purpose, and certain large private purchases where rehabilitation and resettlement provisions apply.
What this law is
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Act No. 30 of 2013, is a law enacted by Parliament for land acquisition, compensation, rehabilitation and resettlement. The Act says its purpose is to create a humane, participative, informed and transparent process for acquisition for industrialisation, development of essential infrastructural facilities and urbanisation, with the least disturbance to land owners and other affected families.
What it governs
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 applies when the appropriate Government acquires land for its own use, hold and control, including for Public Sector Undertakings and for public purpose.
It covers public purpose acquisitions including:
- strategic purposes linked to defence, national security, State police and public safety
- infrastructure projects listed in the Act
- projects for project affected families
- housing for specified income groups
- planned development, improvement of village sites or urban sites, and land for weaker sections
- residential purposes for the poor, landless, and people affected by natural calamities or Government schemes
Cases where private entities are also covered
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 also applies to:
- public private partnership projects where ownership of the land continues to vest with the Government, for public purpose
- private companies where land is acquired for public purpose
- certain cases where a private company purchases land through private negotiations, where the rehabilitation and resettlement provisions apply
- cases where a private company asks the appropriate Government to acquire part of a prescribed area for a public purpose
For some acquisitions involving private companies and public private partnership projects, the Act requires prior consent of affected families. The source text also says the consent process must be carried out along with the Social Impact Assessment study.
Main process and protections
The Act lays down a full acquisition process, including:
- Social Impact Assessment study
- public hearing for the Social Impact Assessment
- appraisal by an Expert Group
- examination by the appropriate Government
- preliminary notification and survey
- hearing of objections
- preparation, review and publication of a Rehabilitation and Resettlement Scheme
- enquiry and land acquisition award by the Collector
- determination of market value, compensation and related amounts
- a separate Rehabilitation and Resettlement Award for affected families
Why this matters to buyers and owners
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 matters if your land is proposed to be acquired, if you are part of an affected family, or if land you plan to buy may be under acquisition proceedings. The Act also includes rules on return of unutilised land, no change of purpose, no change of ownership without permission, temporary occupation, payment, disputes on apportionment, and appeal to the High Court.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this law apply only when the Government acquires land?
No. The source text says it applies when the appropriate Government acquires land for its own use, hold and control and for public purpose. It also applies to public private partnership projects where ownership continues to vest with the Government, to private companies for public purpose, and in some cases to private company purchases for rehabilitation and resettlement.
Will there be a Social Impact Assessment before acquisition?
The source text includes preparation of a Social Impact Assessment study, public hearing, publication, appraisal by an Expert Group and examination by the appropriate Government. It also says the consent process, where required, must be carried out along with the Social Impact Assessment study.
Does the law provide only compensation, or also rehabilitation and resettlement?
It provides both. The source text repeatedly states that the Act covers land acquisition, compensation, rehabilitation and resettlement, and it includes a Rehabilitation and Resettlement Scheme and a Rehabilitation and Resettlement Award for affected families.
If I disagree with the award or compensation, is there a forum to challenge it?
Yes. The source text provides for establishment of a Land Acquisition, Rehabilitation and Resettlement Authority, reference to that Authority, determination of award by the Authority, re-determination of compensation on the basis of the Authority's award, and appeal to the High Court.
