Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act)

The Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) was enacted in India to provide a comprehensive framework for the acquisition of land for public purposes and to ensure the rehabilitation and resettlement of affected persons. Here are the key features and provisions of the Act:

Key Features

1. Scope and Purpose:
   • The Act aims to ensure that land acquisition for public purposes is conducted in a fair manner and provides for the rehabilitation and resettlement of those affected by the acquisition.
2. Definitions:
   • The Act provides clear definitions of key terms, such as “affected families,” “land acquisition,” “public purpose,” and “rehabilitation and resettlement.”
3. Public Purpose:
   • Land can be acquired for public purposes like infrastructure development, urbanization, industrial projects, and social welfare projects, among others.
4. Consent Requirement:
   • For land acquisition, the Act mandates the prior consent of at least 70% of the affected families for private-public partnerships and 80% for projects initiated by private companies.
5. Fair Compensation:
   • The Act provides for the determination of fair compensation for acquired land, which is to be calculated based on the market value, plus a solatium of 100% of the compensation amount. Compensation is also to be based on the average of the highest of the last three years’ market prices.
6. Rehabilitation and Resettlement:
   • The Act lays down provisions for the rehabilitation and resettlement of affected persons, ensuring that they are provided with appropriate support, which includes:
     • Employment opportunities.
     • Housing and financial assistance.
     • Provision for land for land (in cases of displacement).
7. Social Impact Assessment (SIA):
   • A Social Impact Assessment is required before the acquisition of land to evaluate the potential impact of the project on affected communities and to determine the appropriate measures for mitigation.
8. Grievance Redressal Mechanism:
   • The Act establishes a mechanism for the redressal of grievances related to the acquisition process, including the establishment of Land Acquisition, Rehabilitation and Resettlement Authorities.
9. Exemptions:
   • Certain types of land acquisition, such as for defense, national security, and certain urgent situations, may be exempt from the provisions of this Act.

Significance

• The LARR Act, 2013 is significant as it aims to balance the need for land for development with the rights and welfare of those affected by land acquisition. It seeks to provide a just and transparent process, minimizing the hardships faced by displaced persons and ensuring that they receive adequate compensation and support.

Amendments

• The Act has undergone amendments, notably in 2014, which relaxed certain provisions such as the consent requirement and the applicability of social impact assessments for certain projects. These amendments have been subject to criticism and debate regarding their impact on land acquisition processes and the rights of affected communities.