DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

Subject: LAND LAW (UP)

Semester - IX

Rough Draft

The Right to Fare Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013

SUBMITTED TO: SUBMITTED BY:

DR. SHAKUNTALA SANGAM SHALINI

ASSIT.PROFESSOR (LAW) B.A.LL.B (HONS.)

RMLNLU ROLL NO.-121

INTRODUCTION

The Government of India believed there was a heightened public concern on land acquisition
issues in India. Of particular concern was that despite many amendments, over the years, to
India's Land Acquisition Act of 1894, there was an absence of a cohesive national law that
addressed fair compensation when private land is acquired for public use, and fair rehabilitation
of land owners and those directly affected from loss of livelihoods. The Government of India
believed that a combined law was necessary, one that legally requires rehabilitation and
resettlement necessarily and simultaneously follow government acquisition of land for public
purposes.

OBJECTIVE

The aims and objectives of the Act include:

 To ensure, in consultation with institutions of local self-government and Gram Sabhas

established under the Constitution of India, a humane, participative, informed and
transparent process for land acquisition for industrialisation, development of essential
infrastructural facilities and urbanisation with the least disturbance to the owners of the
land and other affected families
 Provide just and fair compensation to the affected families whose land has been acquired
or proposed to be acquired or are affected by such acquisition
 Make adequate provisions for such affected persons for their rehabilitation and
resettlement
 Ensure that the cumulative outcome of compulsory acquisition should be that affected
persons become partners in development leading to an improvement in their post
acquisition social and economic status and for matters connected therewith or incidental
thereto.[12]
SCOPE

The Act aims to establish the law on land acquisition, as well as the rehabilitation and
resettlement of those directly affected by the land acquisition in India. The scope of the Act
includes all land acquisition whether it is done by the Central Government of India, or any State
Government of India, except the state of Jammu & Kashmir.

The Act is applicable when:

 Government acquires land for its own use, hold and control, including land for Public
sector undertakings.
 Government acquires land with the ultimate purpose to transfer it for the use of private
companies for stated public purpose. The purpose of LARR 2011 includes public-private-
partnership projects, but excludes land acquired for state or national highway projects.
 Government acquires land for immediate and declared use by private companies for
public purpose.

The provisions of the Act does not apply to acquisitions under 16 existing legislations including
the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the Railways Act, 1989,
etc.
RESEARCH METHODOLOGY

The researcher has relied on 'Doctrinal methodology 'i.e., the method of my analysis is
descriptive and analytical. While researching on the topic, various books and internet sources
have been consulted. For although study of project topic, all the possible means and reason have
been used.

TENTATIVE CHAPTERISATION

1. Introduction
2. History
3. Objective
4. Definition and oublic purpose
5. Provision to safeguard food security
6. Detrermination of social impact
7. Conclusion

REFERENCE

 https://www.google.com/search?
q=land+aquisition&oq=land+aquisition&aqs=chrome..69i57j0l5.5846j0j8&sourceid=chrome&ie=
UTF-8
 https://www.cprindia.org/news/5978
 https://www.wisdomcrux.lawtimesjournal.in/index.php/2017/01/07/citizenship-pathways-
border-protection-in https://en.wikipedia.org/wiki/Land_acquisition_in_Indiadia/