CRITICAL ANALYSIS OF THE LAW RELATING TO LAND ACQUISITION, REHABILITATION AND RESETTLEMENT

Abstract

Due to the changed socio-political scenario in the country, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, was passed by the Parliament to provide increased compensation to the land owners and also provide for compulsory rehabilitation and resettlement for the land owners and livelihood earners from the land. The Act has made substantial changes to the process of land acquisition including conducting of a mandatory “Social Impact Assessment”, compulsory consent of 80 % of the land owners where the land will be acquired for private companies and bar on acquisition of irrigated multi-cropped lands except in exceptional situations. There is an imperative need to recognize rehabilitation and resettlement issues as intrinsic to the development process formulated with the active participation of affected persons and families.  Additional benefits beyond monetary compensation have to be provided to families affected adversely by involuntary displacement.