The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, also known as the Land Acquisition Act, is a piece of legislation in India that governs the acquisition of land for various public purposes such as building infrastructure, industry, and housing projects. The Act replaces the colonial-era Land Acquisition Act of 1894, which was widely criticized for being outdated and oppressive towards farmers and landholders. The Land Acquisition Act, 2013 asserts the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement. It aims to protect the interests of agricultural workers and landholders, as well as provide for social justice. The Act is also a response to concerns that India's "fast-paced" urbanization may lead to an increase in forced displacement of farmers from their land.

In line with international standards on human rights law, India's Land Acquisition Act promises protection from eviction or other involuntary displacements without just compensation or fair terms due process during the period of construction work, or rehabilitation. The new law also requires public consultation for all land acquisitions, for which the government has to inform the affected people and take their views in writing.

The main provisions of the Land Acquisition Act, 2013 include:

Fair Compensation: The Act requires that the government provide fair compensation to landholders for the acquisition of their land. The compensation must be equivalent to the market value of the land, plus an additional amount to compensate for the losses suffered by the landholder.

Transparency: The Act requires that the process of acquiring land be transparent and free from corruption. The Act requires the government to publish notice of its intention to acquire land in local newspapers and on the internet, and to hold public hearings to gather the views of affected communities.

Rehabilitation and Resettlement: The Act requires the government to provide rehabilitation and resettlement benefits to landholders who are displaced by land acquisition. The benefits may include compensation for loss of crops, compensation for loss of livelihood, and assistance in securing alternative employment.

Social Impact Assessment: The Act requires the government to conduct a Social Impact Assessment (SIA) before acquiring land. The SIA must assess the impact of the acquisition on the lives and livelihoods of affected communities, and the government must take steps to mitigate any adverse impacts.

Consent: The Act requires that the government obtain the consent of 80% of landholders in the case of acquiring land for private projects and 70% in the case of acquiring land for public-private partnership projects.

National Interest: The Act allows the government to acquire land in the national interest without obtaining the consent of landholders. However, the government must provide fair compensation and rehabilitation benefits to the affected communities.

Independent Expert Group: The Act provides for the formation of an Independent Expert Group to oversee the implementation of the Act and to ensure that the rights of landholders are protected.

The Land Acquisition Act, 2013 is considered a significant improvement over the colonial-era Land Acquisition Act of 1894. The Act provides a more equitable and transparent framework for acquiring land and compensating landholders. The Act is aimed at protecting the rights of farmers and landholders and ensuring that their livelihoods are not impacted by land acquisition.

The Land Acquisition Act, 2013 has been criticized by some as being too pro-farmer and anti-development. Some have argued that the Act makes it difficult for the government to acquire land for critical infrastructure projects, such as roads and power plants. However, proponents of the Act argue that the provisions of the Act are necessary to ensure that the rights of farmers and landholders are protected and that the process of acquiring land is transparent and free from corruption.

In conclusion, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is an important piece of legislation in India that governs the acquisition of land for various public purposes. The Act replaces the outdated and oppressive colonial-era Land Acquisition Act of 1894 and provides a more equitable and transparent framework for acquiring land and compensating landholders. The Act is aimed at protecting the rights of farmers and landholders and ensuring that their livelihoods are not impacted by land acquisition. The Act has been criticized by some as being too pro-farmer and anti-development, but proponents argue that its provisions are necessary to ensure that the rights of farmers and landholders are protected and that the process of acquiring land is transparent and free from corruption.