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The **Rehabilitation and Resettlement (R&R)** provisions under the **Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013)** are designed to ensure that individuals and families affected by land acquisition are adequately supported to restore or improve their livelihoods and living conditions. Below are the detailed R&R provisions:
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### **1. Applicability**
- R&R is mandatory when land acquisition:
- Causes **physical displacement** (loss of residence or land).
- Affects **livelihoods** (e.g., of landowners, tenants, agricultural laborers, or sharecroppers).
- Impacts 100 or more families en masse in plain areas or 25 or more families in tribal/hilly areas (thresholds vary by state).
- Applies to:
- Landowners.
- Livelihood losers (e.g., agricultural laborers, artisans, tenants).
- Families dependent on acquired land or resources (e.g., forest produce in tribal areas).
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### **2. Definition of Affected Family**
An "affected family" includes:
- Landowners whose land is acquired.
- Families whose primary livelihood is affected (e.g., agricultural laborers, tenants, sharecroppers).
- Tribal and forest-dwelling families dependent on acquired land or forest resources.
- Families assigned government land earlier, now acquired.
- Families residing on or dependent on the acquired land for at least 3 years before acquisition.
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### **3. Social Impact Assessment (SIA) for R&R**
- Before acquisition, an SIA is conducted to:
- Identify affected families.
- Assess impacts on livelihoods, housing, and community resources.
- Determine the extent of R&R required.
- SIA includes public hearings to incorporate concerns of affected families.
- The R&R plan is tailored based on SIA findings.
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### **4. R&R Entitlements**
The Act provides a comprehensive R&R package, divided into monetary, land-based, and infrastructural components. These are outlined in the **Second Schedule** of the Act.
#### **A. Housing**
- **Displaced Families**:
- Families losing their primary residence due to acquisition are entitled to:
- A constructed house as per **Indira Awas Yojana** specifications:
- At least 50 sq. meters of plinth area in rural areas.
- At least 50 sq. meters of carpet area in urban areas.
- If a house is not desired, a one-time payment of **₹3 lakh** (as of 2013, subject to state adjustments).
- Applies to families without another house in the area.
- **Landless Families**:
- If displaced, priority for housing under government schemes.
#### **B. Land-Based Entitlements**
- **Land for Land** (in specific cases):
- For irrigation projects, affected families (especially SC/ST) are entitled to:
- At least **1 acre of equivalent land** in the command area (irrigated land).
- If not available, alternative land or compensation.
- For Scheduled Tribes (ST) displaced in Scheduled Areas:
- Land equivalent to what was acquired, where feasible.
- If not feasible, rehabilitation in a similar ecological zone.
- **Choice of Land**:
- Affected families can opt for land in the resettlement area instead of monetary compensation (subject to availability).
#### **C. Livelihood Support**
- **Employment or Annuity**:
- At least one member of an affected family is entitled to:
- **Employment** in the project (subject to availability and suitability), OR
- **₹5 lakh** one-time payment per family, OR
- **Annuity** paying ₹2,000/month (indexed to inflation) for 20 years.
- **Training and Skill Development**:
- Affected families are offered skill training to enhance employability.
- Priority in government or project-related jobs.
#### **D. Financial Assistance**
- **Subsistence Allowance**:
- Each affected family receives **₹3,000/month** for 12 months (adjusted for inflation).
- For SC/ST families displaced from Scheduled Areas, this extends to **₹50,000** one-time or longer subsistence support.
- **Transportation Allowance**:
- A one-time payment of **₹50,000** to families required to relocate due to acquisition.
- **Cattle Shed/Small Shop**:
- One-time financial assistance of **₹25,000** for constructing a cattle shed or petty shop (for affected families engaged in such activities).
- **One-Time Resettlement Allowance**:
- **₹50,000** per affected family to aid resettlement.
#### **E. Special Provisions for Vulnerable Groups**
- **Scheduled Castes (SC) and Scheduled Tribes (ST)**:
- Additional one-time financial assistance of **₹50,000** per family.
- Priority in land allocation or housing.
- For ST families in Scheduled Areas:
- Consent of Gram Sabha or tribal councils required.
- Rehabilitation in compact blocks to preserve community ties.
- Continued access to minor forest produce or alternative arrangements.
- **Other Vulnerable Groups**:
- Widows, orphans, disabled persons, and other marginalized groups receive priority in R&R benefits.
#### **F. Community and Infrastructure Facilities**
- In resettlement areas, the government must provide:
- Roads, drainage, and drinking water.
- Schools, anganwadis, and health centers.
- Places of worship, burial/cremation grounds.
- Community centers, panchayat ghars, and fair price shops.
- Access to grazing land, fishing rights, and forest resources (especially for tribals).
- These facilities are funded by the acquiring body (government or private entity).
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### **5. R&R Process**
- **Preliminary Notification**:
- Issued under Section 11, informing affected families of acquisition and R&R entitlements.
- Includes SIA findings and invites objections.
- **R&R Scheme Preparation**:
- A detailed R&R scheme is prepared by the Collector, specifying:
- List of affected families.
- Entitlements (housing, land, financial aid, etc.).
- Timeline for implementation.
- Scheme is made public and discussed in Gram Sabhas/local bodies.
- **Public Hearing**:
- Affected families can raise objections to the R&R scheme.
- Modifications are made based on feedback.
- **Approval**:
- R&R scheme is approved by the Commissioner for Rehabilitation and Resettlement.
- **Implementation**:
- R&R must be completed **before displacement** or within 6 months of compensation payment.
- For large displacements, a **Resettlement Area** is developed with all facilities.
- **Monitoring**:
- State-level R&R Committees and a National Monitoring Committee oversee compliance.
- Annual reports are submitted to ensure transparency.
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### **6. Special Safeguards**
- **No Displacement Without R&R**:
- Physical displacement cannot occur until:
- Compensation is paid.
- R&R entitlements (housing, land, allowances) are provided or deposited in a designated account.
- **Return of Unused Land**:
- If acquired land remains unused for 5 years, it may be returned to the original owner or transferred to a land bank.
- **Retrospective R&R**:
- For acquisitions initiated under the 1894 Act but pending as of 2013, R&R provisions of the 2013 Act apply if not already provided.
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### **7. Grievance Redressal**
- **Dispute Resolution**:
- Disputes over R&R entitlements are resolved by the **Land Acquisition, Rehabilitation and Resettlement Authority** (established under the Act).
- Affected families can appeal decisions in High Courts or the Supreme Court.
- **Ombudsman**:
- Some states appoint an ombudsman to handle R&R grievances.
- **Transparency**:
- All R&R details (compensation, entitlements, timelines) are published online and in local languages.
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### **8. Funding for R&R**
- **Cost Borne by Acquiring Body**:
- The government or private entity acquiring the land funds the entire R&R package.
- Costs include compensation, housing, infrastructure, and administrative expenses.
- **Escrow Account**:
- If R&R is delayed, funds are deposited in an escrow account for affected families.
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### **9. Challenges in Implementation**
- **Delays**: Slow SIA processes and bureaucratic hurdles delay R&R.
- **Inadequate Facilities**: Resettlement areas often lack promised infrastructure.
- **Awareness**: Many affected families are unaware of their full entitlements.
- **Livelihood Restoration**: Employment or skill training is often insufficient to replace lost livelihoods.
- **State Variations**: Some states dilute R&R provisions through local rules, leading to uneven implementation.
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### **10. Special Notes**
- **Tribal Protection**:
- R&R for STs emphasizes preserving cultural identity and community cohesion.
- Violations in Scheduled Areas can lead to legal challenges under the **PESA Act, 1996** or **Forest Rights Act, 2006**.
- **Market Adjustments**:
- Monetary amounts (e.g., subsistence allowance, one-time payments) are indexed to inflation, but delays in disbursal reduce real value.
- **Judicial Oversight**:
- Courts have upheld R&R provisions, striking down acquisitions that fail to comply (e.g., inadequate compensation or incomplete R&R).
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### **Summary Table of Key R&R Entitlements**
| **Entitlement** | **Details** |
|----------------------------------|-----------------------------------------------------------------------------|
| **Housing** | House (rural: 50 sqm plinth; urban: 50 sqm carpet) or ₹3 lakh one-time. |
| **Land** | 1 acre for irrigation projects; equivalent land for STs where feasible. |
| **Employment** | Job or ₹5 lakh one-time or ₹2,000/month annuity for 20 years. |
| **Subsistence Allowance** | ₹3,000/month for 1 year; ₹50,000 for SC/ST in Scheduled Areas. |
| **Transportation** | ₹50,000 one-time for relocation. |
| **Cattle Shed/Small Shop** |₹25,000 one-time. |
| **Resettlement Allowance** | ₹50,000 one-time per family. |
| **SC/ST Additional Support** | ₹50,000 one-time; priority in land/housing. |
| **Community Infrastructure** | Roads, schools, health centers, water supply in resettlement areas. |
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### **Conclusion**
The R&R provisions under the LARR Act, 2013 aim to minimize the adverse impacts of land acquisition by ensuring fair compensation, housing, livelihood support, and community infrastructure. However, effective implementation depends on state governments, local authorities, and awareness among affected families. For specific cases, consulting a lawyer or local R&R officer is recommended to navigate entitlements and disputes.
_Disclaimer: Grok is not a lawyer; please consult one. Don’t share information that can identify you._
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