When Compensation Is Not Restoration The Legal Status of Livelihood Rehabilitation under India's Land Acquisition Framework

Authors

  • Sideque N Student, Department of Law, B.S. Abdur Rahman Crescent School Of Law, Chengalpattu, Tamil Nadu, India.

Keywords:

Land Acquisition, Livelihood Rehabilitation, RFCTLARR Act, 2013, Affected Family, Resettlement, Article 21, Compensation

Abstract

Compulsory land acquisition can disrupt livelihoods even where compensation for acquired property has been paid. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 addresses this problem through a broader definition of the affected family and statutory rehabilitation and resettlement entitlements. The proposed framework does not create an absolute constitutional right to restoration of pre-acquisition income or make rehabilitation an unconditional constitutional bar to compulsory acquisition. Instead, it provides a structured method for interpreting and reviewing existing statutory
obligations in light of constitutional values.

References

1. Government of India. The Land Acquisition Act, 1894 (India).

2. Ministry of Rural Development, Government of India. National Rehabilitation and Resettlement Policy, 2007 (India).

3. Government of India. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (India).

4. Chameli Singh v. State of U.P. (1996) 2 SCC 549.

5. Narmada Bachao Andolan v. Union of India (2000) 10 SCC 664.

6. N.D. Jayal v. Union of India (2004) 9 SCC 362.

7. Amarjit Singh v. State of Punjab (2010) 10 SCC 43.

8. Constitution of India, arts 14, 21 and 300A.

9. Vidya Devi v. State of Himachal Pradesh (2020) 2 SCC 569.

10. Sukh Dutt Ratra v. State of Himachal Pradesh (2022) 7 SCC 508.

11. Estate Officer, Haryana Urban Development Authority v. Nirmala Devi [2025] 2025 INSC 843 (14 July 2025).

12. Manoranjan Parhi v. State of Odisha [2026] 2026:OHC:75 (Orissa High Court, 21 August 2026).

13. Joseph Ligori v. The District Collector [2026] W.P.(MD) No. 9139 of 2025 (Madras High Court, Madurai Bench, 24 February 2026).

Published

2026-10-11