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Acquisition, Rehabilitation and Resettlement Act 2013 LARR Act 2013 in Lok
Sabha and passed by the Lower House.
The act exempted 13 laws, including national Highways Act, 1956 and the
Railways Act, 1989 from its purview but brought the compensation, rehabilitation
and resettlement aspects in consonance with LARR Act 2013 by 1 January 2015.
The Bill ensures that R&R and Compensation provisions of 13 Acts are in
consonance with the Act.
Rural Infrastructure
Affordable Housing
Infrastructure projects including PPP in cases where the government owned the
land. No consent was required in cases of government projects.
Retained as above.
The Act stated that in cases of private land acquisition for private projects, 80%
owners consent must be obtained, whereas in PPP projects 70% owners consent
must be obtained. The Bill allows the government to exempt the five categories
of projects mentioned above from this provision, through a notification.
Sections of the Act that will not apply to the above mentioned five types of
projects are:
Need for obtaining consent of 80% land owners in cases where the land acquired
in for a private project and in case of PPP projects, obtaining consent from 70%
land owners.
Obtaining SIA was made mandatory for all projects to identify the affected
families and to assess the cost of social impact as a result of the project.
Exceptions were provided for in special cases of urgency as per Section 40, or in
cases of irrigation-related projects where Environment Impact Assessment was
required.
The LARR Act 2013 put restrictions on acquisition of irrigated multi-cropped land
and similar agriculture land beyond the limit, as defined by the government.
The government may exempt the five categories mentioned above but has to
issue a notification before exempting limits on multi-cropped land and
agricultural land, while ensuring that the land to be acquired is within the
minimum land required.
The Act states that any land acquired under the Act and which remains
unutilized, must be returned to the original owners or the land bank within a
period of five years or as defined in the agreement at the time of land
acquisition.
Same as above, but stated that the period be defined as later of five years or as
defined in the agreement at the time of land acquisition.
The Act stated that in cases where land was acquired under The Land Acquisition
Act, 1894, the same would continue to apply. However, LARR Act 2013 would
apply in cases where the land was awarded five years or more prior to the LARR
act 2013 but possession of land was not taken and no compensation paid. In
such cases, LARR Act 2013 would apply.
While calculating the time period for retrospective application, the following
periods will not be counted:
Time period when possession of land was taken but compensation was lying with
the court or any other designated account.
The Bill clarifies that employment will be provided to one member of the affected
family of farm labour.
The Act allows for a Land Acquisition Reward and Rehabilitation Authority to be
established which can be approached by anyone with a grievance regarding
compensation provided in lieu of land acquisition under the Act.
LARR Authority must hold its hearing in the same district where the land
acquisition has taken place, after obtaining reference from the District Collector
and giving advance notice to all concerned parties.
The Act covers private companies, as defined under the Companies Act, 1956,
which acquires land for public purpose.
This provision was removed, thus, keeping out private hospital and educational
institutes.
The Act holds the head of the concerned government department responsible for
any offence committed by the department, unless he or she can justify the
offence being committed with his or her knowledge or in cases where he or she
can demonstrate due diligence undertaken to prevent the offence form
happening.
The Bill removed this section and instead stated that prior approval of the
government is required before proceeding to take any legal action.
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