The process of land acquisition for public purposes under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (LARR) involves the following steps:
- Social Impact Assessment (SIA): The first step in the land acquisition process under the LARR Act is the conduct of a Social Impact Assessment (SIA). The SIA is a detailed study of the social, economic, and environmental impact of the proposed project on the affected families and the local community. The SIA report is prepared by an independent agency and includes an assessment of the project’s impact on land, water, environment, and the livelihood of the affected families.
- Consent of the Affected Families: The next step is to obtain the consent of the affected families for the land acquisition. In case of land acquisition for public-private partnership projects, the consent of 80% of the affected families is required. In other cases, the consent of 70% of the affected families is required.
- Publication of Notification: Once the consent of the affected families is obtained, a notification is published in the local language in the affected area, informing the affected families about the proposed acquisition of their land. The notification includes details such as the purpose of the acquisition, the extent of land to be acquired, and the compensation to be paid.
- Hearing of Objections: After the publication of the notification, the affected families have the right to file objections with the Collector within a period of 60 days. The Collector then conducts a hearing of the objections and makes a report on the same.
- Declaration of Land Acquisition: If the Collector is satisfied that the land is required for a public purpose, and that the compensation offered is fair and just, a declaration is made under Section 11 of the LARR Act, specifying the extent of land to be acquired.
- Payment of Compensation: Once the declaration is made, the Collector is required to pay compensation to the affected families. The compensation is paid at four times the market value in rural areas and twice the market value in urban areas. Additionally, the affected families are entitled to a solatium amount of 100% of the compensation amount.
- Rehabilitation and Resettlement: The LARR Act also mandates the provision of rehabilitation and resettlement measures to the affected families. The Act provides for the provision of alternative land, as well as monetary compensation for loss of livelihoods and other related expenses.
- Grievance Redressal: The LARR Act also provides for the establishment of a National Land Acquisition and Rehabilitation and Resettlement Authority to adjudicate disputes arising out of land acquisition. The Act also provides for a mechanism for appeals to be filed against the decisions of the Authority.
In conclusion, the land acquisition process under the LARR Act is a comprehensive and transparent process that seeks to protect the interests of the affected families and the local community. The Act provides for the conduct of a Social Impact Assessment, the obtaining of consent of the affected families, the payment of fair compensation, and the provision of rehabilitation and resettlement measures. The Act also provides for grievance redressal mechanisms to ensure that disputes arising out of land acquisition are resolved in a timely and effective manner.