What Is Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013?

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, is a landmark act passed by the Indian parliament in 2013.

The act ensures that everyone whose land has been acquired for development purposes by the government gets fair compensation and rehabilitation in case they have to relocate. They are provided with necessary resources as well as other facilities required, along with an additional compensation amount for loss of the livelihood.

This Act was enacted in response to growing concerns about the displacement of people due to land acquisition, the inadequate compensation provided, and the lack of proper rehabilitation measures. The RFCTLARR Act is seen as a critical move toward balancing development needs with the rights of affected communities.

Objectives of the RFCTLARR Act, 2013

     •   Parties involved should receive fair compensation.
     •   There should be a transparent process with no manipulation.
     •   There should be a proper mechanism for rehabilitation and resettlement.
     •   An assessment of the impact of the project on the society living nearby should be conducted.

Key provisions of the RFCTLARR Act, 2013

The Act is applicable to land acquisition for all government projects for public purposes, including infrastructure projects, development projects, and government initiatives. It also includes land acquisition for private entities with the consent of the landowners. Let's understand some important provisions of the Act:

1. Fair compensation: People affected are entitled to fair compensation for their land based on market value, considering factors such as location, potential use of the land, and the cost of living in the area.

The compensation must be at least twice of the market value in rural areas and at least once of the market value in urban areas. There is also additional compensation for the inconvenience caused and for relocation, as well as other factors considered by the authority.

In addition to land compensation, the Act also provides compensation for losses due to the displacement of communities, including loss of livelihood.

Social Impact Assessment (SIA): A social assessment is mandatory before the land acquisition process begins. The SIA evaluates the potential effects on the community, including loss of livelihood, displacement, and impact on the environment and infrastructure.

Consultation and consent: Consent of 80% of landowners is required for private projects and 70% for public-private partnership (PPP) projects. For private projects, a clear process of consultation and obtaining the consent of affected families is mandatory.

2. Rehabilitation and Resettlement (R&R)

The Act ensures that all families affected by the land acquisition act receive proper compensation and assistance for their loss. These provisions include financial assistance, housing, and support for livelihood restoration.

It also mandates to provides revenue for resettlement in the form of monetary support, including training and provisions for agricultural land and for those displaced. In addition, it also has special provisions for SCs and STs. Also the developers are required to provide them with adequate amenities, including housing, schools, and healthcare facilities.

3. Timeline for compensation

Authorities are required to pay the compensation within a three-month time frame, and if not complied with, interest will be charged on the same amount. There should also be additional compensation for loss of livelihood, especially for agricultural and small-scale landowners.

The maximum timeline for the whole process, from the issuance of notification to the final award of compensation, should be completed within 12 months. To expedite the process, provisions have been made for the appointment of revenue and land acquisition officers.

4. Provisions for special categories

The Act has some special provisions for SCs, STs, and tribal groups. It specifies that tribal groups' land should not be acquired until the consent of the Gram Sabha is given. SCs and STs should be given additional assistance in terms of rehabilitation, including land-based rehabilitation options. Also, women should receive an equal share of compensation as the male members of a household.

5. Process of land acquisition

     •   Public notification and the reason for the acquisition.
     •   A detailed assessment of the social impact on local communities.
     •   Obtaining the consent of the landowners or affected people.
     •   Release of compensation and rehabilitation packages.

6. Dispute resolution

     •   Establishment of Land Acquisition and Rehabilitation Tribunals.
     •   Tribunals resolve disputes related to compensation and rehabilitation.
     •   Appeals can be made to the District Collector.
     •   If dissatisfied, appeals can be made to the High Court.

7. Exemptions and Special Provisions

The Act has some exemptions where it doesn’t apply, such as when land is acquired for defense or national security. In these cases, special rules may apply but they are strictly controlled. The State Government can also make specific exceptions for certain land acquisitions, particularly in emergencies, allowing them to bypass some of the usual procedures and provisions of the Act.

8. 2015 Amendment

2015 Amendment (The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (Amendment) Act, 2015): This amendment made several changes to the RFCTLARR Act, primarily relaxing certain provisions.

The consent requirement for acquiring land for private companies and PPP projects was diluted. The amendment removed the requirement for the consent of 80% of affected landowners for private companies and 70% for PPP projects.

The provision for the Social Impact Assessment was also diluted for certain categories of land acquisition, particularly for projects related to infrastructure development.

Conclusion

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 represents a progressive step that ensures everyone gets fair treatment regardless of their status, including individuals whose land is acquired for public and private purposes.

It evolved the whole process of compensation and streamlined it within the frame of law to address injustices faced by landowners previously, especially marginalized and vulnerable communities such as SCs, STs, and tribal groups, and tries to generate a more equitable and transparent land acquisition process.

However, the amendment in 2015 changed some of the protections provided in the original Act, which has been a topic of debate and also the government should reconsider it. Overall, the Act tries to create a balance between development needs and the rights of the affected populations, focusing on fair compensation, rehabilitation, and resettlement.