Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 & its Ordinance in 2015
The Act was passed to ease land acquisition and in the process all parties involved are satisfied. The main features of the Act include:
Consent: 3 categories – Government Projects: No consent required. PPP Projects: 70% of landowners must give consent whereas for Private Project: 80% of landowners must give consent.
Social Impact Assessment has been made mandatory for all projects.
Limitations: The Act will not apply if the project is of national importance (validated by Social Impact Assessment) and if alternative rehabilitation is provided.
Safeguards: Land Acquisition, Rehabilitation and Resettlement Authority was setup to address grievances.
The land is to be returned if no work had started in 5 years.
Controversial Amendment: The Amendment exempts 5 type of projects from consent, which are –
Projects vital to national security or defence of India including preparation for defence or defence production.
Infrastructure projects including those under PPPs where the ownership of land vests with the government.
Industrial corridors set-up by the government and its undertakings
Rural infrastructure including electrification.
Affordable housing and housing for poor people.
These exemptions caused a lot of chaos as the administration was alleged to bypass the people centric provision of 2013 act of acquiring consent.
