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**The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013)** is the primary law governing land acquisition in India. It replaced the colonial Land Acquisition Act of 1894, aiming to ensure fair compensation, transparency, and rehabilitation for affected persons. Below are the key details of the LARR Act, 2013, in a concise yet comprehensive manner:
### **Key Objectives**
- Ensure fair compensation for landowners and affected families.
- Provide transparency in the land acquisition process.
- Mandate rehabilitation and resettlement (R&R) for displaced or affected persons.
- Protect the rights of farmers, tribal communities, and other vulnerable groups.
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### **Key Provisions**
1. **Applicability**:
- Applies to land acquisition by the government for:
- Public purposes (e.g., infrastructure, defense, public utilities).
- Public-Private Partnership (PPP) projects.
- Private companies for public purposes (with consent requirements).
2. **Definition of Public Purpose**:
- Includes infrastructure projects, defense, housing for the poor, rural/urban development, industrial corridors, etc.
- Vaguely defined, allowing flexibility but subject to scrutiny.
3. **Consent Requirements**:
- **Private projects**: Consent of 80% of affected families is mandatory.
- **PPP projects**: Consent of 70% of affected families is required.
- **Government projects for public purpose**: Consent not mandatory, but other processes (e.g., SIA) must be followed.
4. **Social Impact Assessment (SIA)**:
- Mandatory for all acquisitions (except in cases exempted under urgency clauses).
- Conducted to assess:
- Impact on livelihoods, environment, and community.
- Whether acquisition serves public purpose and is the minimal land required.
- SIA report is reviewed by an independent expert group.
- Public hearings are held to include affected communities’ views.
5. **Compensation**:
- **Monetary Compensation**:
- Rural areas: Market value of land multiplied by 2 to 4 (based on distance from urban areas).
- Urban areas: Market value multiplied by 2.
- Additional solatium of 100% of the compensation amount.
- Market value is determined based on recent sales, circle rates, or average of higher transactions.
- Includes compensation for standing crops, trees, structures, and loss of livelihood.
- **Minimum Compensation**: Ensures no one receives less than what they would have under the old law.
6. **Rehabilitation and Resettlement (R&R)**:
- Mandatory for acquisitions displacing families or affecting livelihoods.
- **R&R Entitlements**:
- Housing for displaced families (landless or those losing homes).
- Employment or one-time financial assistance (minimum ₹5 lakh per family).
- Subsistence allowance (₹3,000/month for 1 year).
- Transportation cost for relocation (₹50,000 one-time).
- Land-for-land in certain cases (e.g., irrigation projects, for SC/ST families).
- R&R package is customized based on SIA findings.
- Affected families include landowners, tenants, sharecroppers, and those dependent on land for livelihood.
7. **Special Provisions for Vulnerable Groups**:
- Extra safeguards for Scheduled Castes (SC), Scheduled Tribes (ST), and other marginalized groups.
- For STs, acquisition in Scheduled Areas requires consultation with Gram Sabhas.
- If tribal land is acquired, equivalent land or rehabilitation in similar ecological zones is provided.
8. **Transparency and Accountability**:
- **Public Disclosure**: SIA, compensation, and R&R details must be made public.
- **Grievance Redressal**:
- Land Acquisition, Rehabilitation and Resettlement Authority to resolve disputes.
- Affected persons can approach courts for legal recourse.
- **Monitoring**: State and national-level committees oversee implementation.
9. **Restrictions on Use**:
- Acquired land cannot be used for purposes other than specified without fresh approval.
- If land remains unused for 5 years, it may be returned to the original owner or a land bank.
10. **Urgency Clause**:
- Allows acquisition without SIA or consent in rare cases (e.g., national security, natural calamities).
- Strictly regulated to prevent misuse.
11. **Multi-Cropped Land**:
- Acquisition of irrigated, multi-cropped land is restricted except as a last resort.
- Equivalent agricultural land or additional compensation is provided.
12. **Retrospective Application**:
- Applies to ongoing acquisitions under the 1894 Act if compensation or R&R was pending as of 2013.
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### **Key Authorities**
- **Collector**: Oversees acquisition process at the district level.
- **Land Acquisition, Rehabilitation and Resettlement Authority**: Adjudicates disputes.
- **State and National Monitoring Committees**: Ensure compliance with the Act.
- **Gram Sabha/Tribal Councils**: Consulted for projects in Scheduled Areas.
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### **Penalties**
- Punishment for officials violating provisions (e.g., misuse of urgency clause).
- Compensation for landowners if acquisition is deemed illegal.
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### **Challenges and Criticisms**
- **Implementation Issues**: Delays in SIA, disputes over market value, and inadequate R&R.
- **High Costs**: Increased compensation and R&R requirements raise project costs.
- **Ambiguity in Public Purpose**: Broad definition can lead to misuse.
- **Resistance**: Farmers often oppose acquisition due to inadequate compensation or loss of livelihood.
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### **Amendments and Developments**
- **2015 Ordinance (Lapsed)**: The government attempted to amend the Act to ease acquisition for certain projects (e.g., defense, industrial corridors) by relaxing SIA and consent clauses, but it faced opposition and was not passed.
- **State-Level Variations**: Some states have their own rules under the Act, leading to differences in implementation.
- **Judicial Oversight**: Courts have struck down acquisitions violating the Act’s provisions, reinforcing its safeguards.
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### **How It Protects Farmers**
- Ensures higher compensation than market rates.
- Mandates R&R to prevent displacement without support.
- Requires consent for private/PPP projects, giving farmers a say.
- Provides legal recourse and transparency.
If farmers refuse to give land, the process can stall unless it’s a government project for public purpose, where SIA, compensation, and R&R compliance are strictly enforced. Legal challenges can further delay or halt acquisition.
**Note**: For specific cases, consulting a local lawyer familiar with state-specific rules is advisable, as implementation varies across regions.
_Disclaimer: Grok is not a lawyer; please consult one. Don’t share information that can identify you._
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