CRITICAL ANALYSIS OF THE LAW RELATING TO LAND ACQUISITION, REHABILITATION AND RESETTLEMENT
Keywords:
Compensation, Land acquisition, Monitoring Committee, Rehabilitation, ResettlementAbstract
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.
References
1. The Social Impact Assessment Study includes all the following, namely: • assessment as to whether the proposed acquisition serves public purpose. • estimation of affected families and the number of families among them likely to be displaced. • extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition. • Whether the extent of land proposed for acquisition is the absolute bare -minimum extent needed for the project etc.
2. (2011) 12 SCC 375: (2012) 2 SCC (Civ) 591
3. (2013) 4 SCC 280
4. (2013) 8 SCC 99.
5. (2013) 3 SCC 764.
6. (2013)3 SCC 764
7. (2011) 10 SCC 344 : (2012) 3 SCC (Civ) 632.
8. S.31 to S.42 deals with these provisions.
9. (2012 5 SCC 432 (2012) 3 SCC (Civ) 177
10. See S.33 of the Act
11. (2012) 12 SCC 133
12. (2012 11 SCC 370)
13. (2-12 2 SCC 327, (2012) 1 SCC (Civ) 657
14. S.41 provide Special Provis ions for Scheduled Castes and Scheduled Tribes
15. S.44 of the Act
16. Rehabilitation and Resettlement Committee at project level shall be appointed as per S.45
17. See S.46 of the Act
18. S.48 deals with Establishment of national Monitoring Committee for rehabilitation and resettlement.
19. S.50 says about the Establishment of State Monitoring Committee for rehabilitation and resettlement
20. S.51 deals with the Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
21. See S. 64 of the Act
22. See S.69 of the Act.
23. (2012) 5 SCC 42. (2012) 3 SCC.
24. S. 74 deals with Appeal.
25. S. 75 and S. 76 deals with Apportionment of Compensation.
26. Blog.ipleaders.in//land-acquisition-act- 2013 Cite this Article Soman. P. Mamkuttathil. Critical Analysis of the Law Relating to Land Acquisition, Rehabilitation and Resettle ment. National 1–15p.
