Land Acquisition, Rehabilitation and Resettlement Act
Brief Introduction of Land Acquisition, Rehabilitation and Resettlement
The Land Acquisition, Rehabilitation and Resettlement bill is an Act which was introduced in Lok sabha on 7th September, 2011. Then it was passed by it on 29th August, 2013. Further it was passed by Rajya Sabha on 4th September, 2013.
The Land Acquisition, Rehabilitation and Resettlement bill was received by the President of India, Pranab Mukherjee on 27th September, 2013. And this act is came into force from 1st January, 2014.
This act is also known as Land Acquisition Act, 2013 which provides the transparency and giving the compensation to the affected persons in India such as people whose land is taken away. Also having the honesty being the land acquisition for infrastructural as well as business factories to set up. This Act is bound to the rules and regulations which is transparent and helping to affected people by giving fair judgment.
During the British Rule, This Act was known as Land Acquisition Act, 1894 Which is replaced by this Land Acquisition, Rehabilitation and Resettlement Act, 2013.
An Amendment bill was introduced in a Parliament. This Land Acquisition, Rehabilitation and Resettlement Act, 2013, The amendment bill was passed by the President of India, Pranab Mukherjee on 30th May, 2015 for the third time.
There have been lots of criticism on LARR (Land Acquisition, Rehabilitation and Resettlement Act), 2011 act that the land owners are only in favors and poor and needy ones are being ignored who does not have place to live and can not afford the school education, Infrastructure and industries employment survival, Health hospitals and utilizing these opportunities well.
When this Act can be used ?
The Land Acquisition, Rehabilitation and Resettlement Act, 2013 is applicable when the people are affected by land Acquisition for the governmental purposes and thus Central or State government is responsible for Rehabilitation and Resettlement for the affected people in India.
When the Government purchase the land for the Private companies but their aim is for public purposes.
In the exceptions, This Land Acquisition, Rehabilitation and Resettlement Act, 2013 does not apply under the Atomic Energy Act, 1962 and Railways Act, 1989 and Special Economic Zones Act, 2005.
Advantages of this Act
The Land Acquisition, Rehabilitation and Resettlement Act, 2013 is transparent and hence affected people of India whose land is taken away or purchased for the infrastructural development, Public warfare, Industrialization, etc will be benefitted by Central or state government and the same land distribution or fair compensation will be provided by the Government.
The Land Acquisition, Rehabilitation and Resettlement Act, 2013 is used to provide the Rehabilitation and Resettlement for the affected people and their families in India.
After having all the settlements, Government should see the economical status as increasing factor for both the parties.
Important points to be noted :
The Land Acquisition, Rehabilitation and Resettlement, 2013 Act is applicable for Central or state Government of India except the State of Jammu and Kashmir.
For Rehabilitation and Resettlement, Government provides the allowance of Rs. 36,000 for the first year to the land owners including the payment of Rs. 5 lakh, Rs. 50,000 for transportation purposes, Resettlement allowance of Rs. 50,000.
The compensation market value is defined in the Act Section 27 calculated under the legal law. So that affected people or Land owner should not be in loss.
A land owner should have records of the Authority for the land or a person who has been granted forest rights under the Act, 2006.
The Land Acquisition, Rehabilitation and Resettlement, 2013 Act is known as the Right to fair Compensation and Transparent Act.
This Act has power for the Private as well as Public corporates to develop Indian nations for the betterment of the economy by land acquisition which may include the purposes like defense, National security, State Police or Safety for the people or Infrastructural public purposes such as education, Water reservations, Fisheries, Governmental administration, Housing and residential purposes, Space explorations, Health care, Tourism, farming purposes, Research centers and development etc.
Also this Act will remove the low rate of compensation to the land owners and providing the best market rate for the specific land area.
The whole process will be monitored by the defined committee which has been set up for this purpose and hence multiple checks and balances should be notified for the transparent process.
If the state government decides for the land which is no use will be returned to its owner which earlier utilized by means. Also any damage to crops price will be incurred to the land owner by the government.
In this way, The Land Acquisition, Rehabilitation and Resettlement Act has own limitations, Criticism and also advantages over the needy people for developing the India for the economical purposes.