1

LAND LAW (VI SEM LLB 3 YEAR) ***

Land plays an important role in the lives of individuals because of which it is
elevated to the level of a constitutional status. Of late there is a shift in the
approach of the state towards land which is reflected in the laws and their
interpretation. Apart from introducing the standards to the basic legal regime
applicable to land, it is important to introduce them to diverse aspects of land
dealings like land revenue, prohibition of transfer, acquisition, conversion,
compensation, rehabilitation, resettlement etc. This course is designed towards
this end.

UNIT I:- The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act 2013- Determination of social impact and
public purpose; provision to safeguard food security, notification and
acquisition; rehabilitations and resettlement award and procedure.

UNIT II:- The Right to Fair compensation and Transparency in land Acquisition,
Rehabilitation and Resettlement Act 2013- Utilization, Conversion; National
Monitoring Committee; Acquisition, Rehabilitation and Resettlement Authority;
Appointment of compensation and payment of Compensation.

UNIT III: - The Karnataka Land Revenue Act 1964- Revenue officers and their
procedure, Revenue Appellate Tribunal, Appeal and Revision, Land and Land
revenue, Record of Rights, Realisations of land Revenue.

UNIT IV: - The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition
of Transfer of Certain Lands) Act 1978 and Rules 1979.

The Karnataka Land Reforms Act 1961- general provisions regarding tenancies,
conferment of ownership on tenants, ceiling on land holdings, restrictions on
holding or transfer of agricultural lands, co-operative farms, fragmentation and
consolidation of holdings.

UNIT V :-The Real Estate(Regulation and Development ) Act 2016- registration

of real estate project and registration of real estate agents, functions and duties
of promoter, rights and duties of allottees, the real estate regulatory authority,
the real estate appellate tribunal, offences, penalties and adjudication. The
Karnataka Real Estate (Regulation and Development) Rules, 2017.

Books Prescribed: S.G. BIRADAR, LAND Acquisition- A paradigm Shift, KAS

officers’ Research and Training Institute, Bangalore. - Relevant Statutes and
Rules.

UNIT I
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The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act 2013- Determination of social impact and
public purpose; provision to safeguard food security, notification and
acquisition; rehabilitations and resettlement award and procedure

Main features of the 2013 Land Acquisition Act (Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013)

Consent: For government projects, no consent is required while consent of 70

per cent of landowners is required for Public-Private Partnership (PPP) projects
and 80 per cent for private projects.

Social Impact Assessment: In the case of a land acquisition (irrespective of the

ownership of project), Social Impact Assessment is necessary unless and until
there is an urgency. If the project is for irrigation, then Environmental Impact
Assessment is required.

Irrigated multi-cropped land: In case the land in question is irrigated multi-

cropped, it cannot be acquired beyond a limit specified by the state government.

Limitations: The Central Act of 2013 was brought to give effect to pre-existing
fundamental right to livelihood of citizens. It ensures that livelihood will not be
taken away unless
• It is in public interest and that is seen by social impact assessment
• The affected citizens are given rehabilitation
• The amendments made without considering the above factors will take
away fundamental rights of the citizens.

Safeguards: State Governments have to set up dispute settlement Chairman and

he should be a district judge or practicing as a lawyer for 7 years. The Act also
has provision for the establishment of Land Acquisition, Rehabilitation and
Resettlement Authority for speedy disposal of disputes.

Return of land: If the project doesn't start in 5 years, the land acquired under
the Act has to be returned to the original owner or the land bank.

Compensation under the 2013 Land Acquisition Act

Compensation varies with the market rates. In the case of rural area, it is four
times the market rate and for an urban area, it is two times. Affected artisans,
small traders, fisherman etc. by the land acquisition are given one-time payment
even if they do not own any land.
There is also provision for rehabilitation and resettlement award which includes
employment to one member of an affected family.

If Government acquires the lands for a private company, the said private
company will be responsible for relief and rehabilitation of the affected people
along with an additional rehabilitation package for SC/ST owners.
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Fertile, irrigated, multi-cropped farmland can be acquired only in last resort.

If such fertile land is acquired, the Government will have to develop an equal size
of wasteland for agriculture purpose.
In case someone is not satisfied with an award under the Act, they can approach
the Land Acquisition, Rehabilitation and Resettlement (LARR) Authority.

The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation & Resettlement Act, 2013 came into effect from 01.01.2014.
However, it has been reported that many difficulties are being faced in the
implementation of the Act. In addition, procedural difficulties in the acquisition
of lands required for important national projects required to be mitigated. In
order to remove them, certain amendments were made in the Act while further
strengthening the provisions to protect the interests of the 'affected families'. In
view of the urgency, these were brought about by an Ordinance on 3112.2014.
Subsequently, on 10.03.2015 the Lok Sabha passed the Amendment Bill to
replace the Ordinance. The Amendment Bill passed by the Lok Sabha includes
some further changes to the Ordinance. The important changes brought about
by the amendment are as follows:

i. Compensation in accordance with the First Schedule and rehabilitation and

resettlement specified in the Second and Third Schedules of the Act are extended
to the thirteen Acts mentioned in the Fourth Schedule of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation &
Resettlement Act, 2013, namely, -

(1) The Ancient Monuments and Archaeological Sites and Remains Act, 1958,
(2) The Atomic Energy Act, 1962,
(3) The Damodar Valley Corporation Act, 1948,
(4) The Indian Tramways Act, 1886,
(5) The Land Acquisition (Mines)Act, 1885,
(6) The Metro Railways (Construction of Works)Act, 1978,
(7) The National Highways Act, 1956;
(8) The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land)
Act, 1962;
(9). The Requisitioning and Acquisition of Immovable Property Act, 1952;
(10) The Resettlement of Displaced Persons (Land Acquisition) Act, 1948;
(11) The Coal Bearing Areas Acquisition and Development Act, 1957
(12) The Electricity Act, 2003;
(13) The Railways Act, 1989.
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ii. In order to expedite the process of land acquisition for strategic and
development activities such as national security or defense of India including
preparation for defense and defense production; rural infrastructure including
electrification; affordable housing and housing for poor; industrial corridors set
up by the appropriate government and its undertakings (in which case the land
shall be acquired up to 1 km on both sides of the designated railway line or roads
for such industrial corridors); infrastructure projects including projects under
public private partnership where the ownership of the land continues to vest
with the Government, appropriate governments are empowered to take steps for
exemption from "Social Impact Assessment" and "Special Provisions for
Safeguarding Food Security". In addition acquisition for such projects is
exempted from the "Consent" provisions of the Act as well. However, the
appropriate governments are required to ensure that the extent of land for the
proposed acquisition is the bare minimum land required for the project. The
appropriate government is also required to undertake a survey of wastelands
including arid land and maintain a record detailing the same.

(iii) Prior to the amendment, the provisions of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation & Resettlement
(RFCTLARR) Act 2013, extended to a 'private company'. However, as per the
Companies Act, 2013, a 'Private company’ means a company having a minimum
paid-up share capital of one lakh rupees or such higher paid-up share capital,
thereby restricting the provisions of the Act to such companies only and
excluding other form of companies like proprietorships, partnerships,
corporations, nonprofit organizations, etc. Therefore, in place of the term 'private
company', the term 'private entity' has been substituted thereby including all
nongovernmental entities.

(iv) Further, as The Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation & Resettlement Act, 2013 was drafted prior to the
passage of the Companies Act, 2013, the Act referred to the Companies Act, 1956
for the definition of 'Company'; which is substituted by the Companies Act, 2013.

(v) In cases where land acquisition process under Land Acquisition Act, 1894
had been initiated and the Award was passed, but either possession of land was
not taken or compensation was not paid, there is provision of lapsing of such
proceedings after five years of passing of Award. The period during which the
proceedings for acquisition of land was held up on account of any stay or
injunction issued by any court is excluded for the purpose of calculation of five
years period. Similarly the period where possession has been taken but
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compensation is lying deposited in a court or in any designated account is also

to be excluded in the calculation of the five years.

(vi) Section 46 of the Act was amended to clarify that provisions relating to
rehabilitation and resettlement in case of land purchased through private
negotiations is applicable in cases when land is purchased by persons other than
the Government, Government Company and Trust or Society aided or controlled
by the Government.

(vii) To facilitate the process of hearing of objections by land losers, the authority,
constituted for this purpose, shall hear such objections within the district where
the land has been acquired.

(viii) When an offence under this Act is committed by any person who is employed
in the Central or State Government at the time of commission of such an alleged
offence, the court will take cognizance of offences under this Act provided the
procedure laid down in section 197 of the Code of Criminal Procedure, 1973 is
followed.

(ix) The period provided in Section 101 for return of unutilized land has been
modified to five years or the period specified for the completion of the project.

(x) The provision of "Removal of Difficulties" was made applicable to the entire
Act rather than 'Part’ as the word 'part' was used in the Act inadvertently.
Further, the time period to remove the difficulties was extended from two years
at present to five years.

Background:

The Department of Land Resources (DoLR) is administering the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act (hereinafter referred to as Act), 2013. This Act came into force
on 01.01.2014 by repealing the Land Acquisition Act, 1894. It was observed that
some provisions of the Act were making the implementation of the Act difficult
and this made it necessary to bring changes in the Act, while safeguarding the
interest of farmers and affected families in cases of land acquisition.
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Accordingly, a Conference of State Revenue Ministers was organized in Delhi in

June, 2014. Suggestions received from the State Governments, Union
Territories, Ministries/Departments and other stake holders were considered.
Further, consultation with Secretaries and officers of concerned ministries
administering the Acts mentioned in the Fourth Schedule of the Act were held in
October, 2014. Based on these discussions and deliberations, some
amendments were proposed in the Act. Accordingly, the Cabinet in its meeting
held on 29.12.2014 approved the proposal of the Department of Land Resources
to amend the RFCTLARR Act, 2013 and to promulgate the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Amendment) Ordinance, 2014. The Cabinet also approved the
proposal of the Department to introduce a replacement bill in the Parliament to
replace the Ordinance. Accordingly, RFCTLARR (Amendment) Ordinance, 2014
was promulgated on 3112.2014. The Budget Session of the Parliament that is
4th Session of the 16th Lok Sabha and 234th Session of Rajya Sabha
commenced on 23.02.2015.

The Bill was taken up for consideration and passed by the Lok Sabha on
10.03.2015 incorporating the official amendments to the Bill. The Minister of
Rural Development has also given notice for Motion for Consideration and
Passing of the Bill Passed in Lok Sabha to the Secretary General Rajya Sabha on
13.03.2015. However, the Bill could not be taken up for consideration in the
Rajya Sabha as the Rajya Sabha was adjourned on 20.03.2015.

Social Impact Assessment of Projects involving Land Acquisition

in India: Implications of RFCTLARR Act, 2013

The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement (RFCTLARR) Act, 2013 has brought about
a paradigm shift in land acquisition process in India. Acquisition of land
in a developing economy like India is essential for infrastructure
development, urbanization and industrialization which have a multiplier effect
on economic development. Development projects though important in the
long run, create significant changes in the daily lives of local population.
Land acquisition for such projects displaces many and causes loss of
livelihoods in the short run, which also creates resistance.
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The imperfect nature of land market also creates additional bottlenecks

for efficient land transfer. The RFCTLARR Act 2013 proposes for Social Impact
Assessment (SIA) study to map and estimate costs and benefits to the people
affected through the acquisition. While discussing the specific issues in land
acquisition and identifying challenges in carrying out SIA study in Bihar, the
present paper proposes conducting SIA in a comprehensive and participatory
way to assess the impact, make people aware and minimize resistance.
The article argues for integration of Rehabilitation and Resettlement plan with
National Skill Development Mission to capacitate the affected people for new sets
of livelihood options.

Introduction:-
In 21st century land has emerged as a critical resource with respect to
managing economic development, rapid urban expansion and
industrialization; ensure food security as well as addressing the issue of
sustainable development and climate change. Apart from economic
considerations, people attach significant social and cultural values to it. Further,
accessibility to land is not only economically important to the people; it also leads
to a host of other benefits (Singh, 2014). The post-liberalization era has ushered
new challenges to states with respect to infrastructure development as well as
attracting investments for industrialization.

The unique characteristics of land, which is physically limited, immovable

and cannot be produced and reproduced, has made pricing of land a critical
exercise, especially in an imperfect land market like India. On the other
hand, any development project brings with itself promise of prosperity,
employment opportunities and better connectivity which have multiplier effects
on economic development of the region. But alongside these positives, the
displacement of vulnerable groups, loss of livelihoods for a certain section of
society and disruption in daily socio-cultural activities also take place. Most of
these negative consequences emerge from land being acquired from local
population to set up plants, construct roads and bridges etc. Post The Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (RFCTLARR) Act, 2013, there has been a change in paradigm of
land acquisition especially in the context of compensation, rehabilitation and
resettlement issues. Social Impact Assessment of projects has become
critically important and determining factor for land acquisition. Following
Samanta (2015), the present paper tries to assess the land market
challenges, in the context of Bihar, which have appeared as constraint for
efficient land transaction and as bottlenecks for development projects and
industrial investments. The RFCTLARR Act has created avenues to minimize
conflicts related to land acquisition through the provision of Social Impact
Assessment (SIA) study of each project before acquisition for public purpose.
The SIA study can question the justification provided for public purpose,
suggest alternative mechanism and can even recommend dropping the
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whole acquisition process. Given the importance of SIA study for land
acquisition, the present paper attempts to explore the conceptual background,
issues and challenges involved in conducting such a study in India in adherence
to the RFCTLARR Act, 2013.

Land Market Challenges :- Land markets are mechanisms that, provided

there are appropriate institutional checks and balances, allocate ownership
and use rights in a manner that allows land and its associated
assets to be used in the most economical way. Given secure land rights,
land markets can increase the incentive for people to invest and for financial
institutions to lend, since land can be used as collateral as well as being the
basis for production. An efficient and effective land market can improve the
performance of a nation’s economy and increase prosperity (Robert, Dale, &
McLaren, 2007). Unlike other factors of production, labour and capital; land has
several distinguishable features. It is also argued that the demand for land
is function of economic growth and industrialization and urbanization in India
cannot became broad based unless they are equipped with satisfactory
solution for allocating land use that maximizes aggregate welfare
(Bhattacharjee, Sinha, & Dutta, 2014). The market of land is argued to suffer
from the problems of market failure which makes it difficult or impossible to
price the land (Cheshire & Vermeulen). Economic theory suggests that a well-
functioning land market is critical to achieve an efficient allocation of resources
and support financial systems. They are expected to be ofarticular importance
in situations where:

(i) Differences in endowments of different agents are large, for example,

high levels of landlessness coexist with large land concentration so
that where land rental can help to redistribute land towards poorer
sections of the population;
(ii) The broader economy is undergoing rapid structural change and
renting out land can allow landowners to participate in the non-
farm economy without closing off the possibility of returning to
rural areas; and
(iii) Credit market imperfections and other restrictions rooted in custom
or policy impose limits on economic agents' ability to adjust through
land sales markets (The World Bank, 2007).

The land market can be divided in to two broad parts, namely

(i) Land lease market, (ii) Land sales market.

Land Lease market :- An effective land lease market is essential for

economic activities. However, in India the participation in land lease market
is found to be declining since 1970. In Bihar, households that reported leasing
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in land have declined from 40% to less than 10%. Stringent laws related to
leasing of land and transfer of ownership is argued to be the reason behind this
fall (The World Bank, 2007). In most of the cases of land leases are oral lease
and the land owner keep rotating the cultivator every year which make the
sharecropper establish their right over land and make them vulnerable to
accessing institutional of formal credit.

Land Sales Market :- Unlike land lease market, where the land is mainly
used for agricultural purposes, efficient land sales market is required to boost
off-farm activities including infrastructure and industrial development.

Constraints associated with effective land sales market Lack of proper

ownership record: The record of the rights is prepared through proper survey
and ‘bujharat operation’ which do field survey by visiting plots and do
systematic verification of relevant facts connected with the preparation of
records of rights and possession. The existing record of rights, In Bihar,
are old as those were prepared during the district-wise Cadastral Survey,
which was conducted during 1885 to 1922. Though, the state government
took up revisional survey in 1960s, but it could not be completed for the whole
state. In this regard, Special Survey and Settlement Act, 2011 was passed to
conduct a quick survey with modern technology support. However, the
progress of special survey also is not satisfactory.

Due to all these gaps, the existing land records are not updated and have become
obsolete. High Registration Charges: The cost of registration is higher in Bihar
compared to other states. Against the Government of India’s stipulation of
maximum 5 per cent of the stamp duty, registration office charges 6 per
cent of stamp duty. Additional 2 per cent is charged in urban areas as ULB’s
fees. Inflated Valuation: Due to fallacy in methodology of preparing Minimum
Value Register (MVR) the land price get inflated every year.
The improper valuations of land and gap in information have made the land
market . These make the price of land high, for which it loses competitive
characteristics.

This imperfect nature of land market has made it essential for Government
intervention in the transaction to ensure right compensation and social justice.
The Land Acquisition Act, 1894, has been replaced by the RFCTLARR Act,
2013. It is a response to protest by landowners over acquisition of land in
different parts of the country. One of the most important features of the present
Act is consideration of unrecorded interests of the persons whose livelihoods
are affected in the acquired area, their interests shall be taken care of along with
the recorded land holders. However, to map the loss of affected persons,
irrespective of status of recorded rights, SIA has become mandatory for almost
all cases of land acquisition under the aegis of RFCTLARR Act, 2013.

Social impact assessment for Land Acquisition: The Legal Framework

The Right to Fair Compensation and Transparency in Land Acquisition,
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Rehabilitation and Resettlement (RFCTLARR) Act, 2013 came into force

since 1 January, 2014 to ensure, in consultation with institutions of local
self-government and Gram Sabhas established under the Constitution, a
humane, participative, informed and transparent process for land acquisition for
industrialization, development of essential infrastructural facilities and
urbanization with the least disturbance to the owners of the land and other
affected families and 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 and make adequate provisions for such affected persons
for their rehabilitation and resettlement and for ensuring 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.

As per the Section 4 of the said Act, it has become mandatory to conduct SIA
before acquisition of land. As per the Act, the Social Impact Assessment
study shall include all the following, namely

➢ Assessment as to whether the proposed acquisition serves public

purpose
➢ Estimation of affected families and the number of families among
them likely to be displaced
➢ Extent of lands, public and private, houses, settlements and other
common properties likely to be affected by the proposed acquisition
➢ Whether the extent of land proposed for acquisition is the
absolute bare minimum extent needed for the project
➢ Whether land acquisition at an alternate place has been
considered and found not feasible
➢ Study of social impacts of the project, and the nature and cost of
addressing them and the impact of these costs on the overall
costs of the project vis-a-vis benefits of the project Provided that
Environmental Impact Assessment study, if any, shall be carried
out simultaneously and shall not be contingent upon the
completion of the Social Impact Assessment study.

The SIA should take into consideration the impact that the project is likely to
have on various components such as livelihood of affected families, public
and community properties, assets and infrastructure particularly roads, public
transport drainage, sanitation, sources of drinking water, sources of water for
cattle, community ponds, grazing land, plantations, public utilities such as
post offices, fair price shops, food storage godowns, electricity supply,
health care facilities, schools and educational or training facilities,
anganwadis, children parks, places of worship, land for traditional tribal
institutions and burial and cremation grounds. The said Act also proposes a
Social Impact Management Plan, listing the ameliorative measures required to
be undertaken for addressing the impact for a specific component referred above.
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The Government shall take adequate measures to conduct ‘public hearing’ before
SIA to include opinion of all stakeholders and shall ensure wide dissemination
and publication of SIA report especially in the affected area. The process is
definitely a time consuming affair and there are counter arguments regarding
the dropping of provision of SIA in the recent ordinance to save time and expedite
the project implementation (Sathe, 2015). Alternatively it is also argued that the
SIA process involves local community in information sharing and decision
making which includes affected parties in deciding on the indicators and
measures of social effects, evaluating their relative importance and monitoring
the effects during implementation. However, lack of these exercises may lead
to acrimonious confrontation between developers and indigenous populations
(Burdge, 2012). Keeping in mind the importance of land for economic
development through infrastructure enhancement, urbanization or
industrialization, the legal provision of SIA for land acquisition in the said
Act is to minimize resistance through more participative approach. The SIA
is also a novel effort to minimize the crisis of development-induced
displacement through involvement of local people in decision making and
has provision for preparation of rehabilitation and resettlement plan.

Social Impact Assessment: The Conceptual Framework Social Impact

Assessment (SIA) is analyzing, monitoring and managing the social
consequences of development. The goal of impact assessment is to bring about
a more ecologically, socio-culturally and economically sustainable and
equitable environment. Impact assessment, therefore, promotes community
development and empowerment, builds capacity and develops social capital
(Vanclay, 2003). Moreover, SIA not just identifies and analyzes negative
and harmful outcomes, but also focuses on maximizing the positive outcomes.

The purview of social impact extends beyond livelihood and financial security. It
encompasses people’s way of life – the way they live, work, play and interact with
community; their cultural and religious beliefs; their interaction with political
systems; their health and wellbeing; their interactions with environment; their
personal and property rights; their fears and aspirations
(Vanclay, 2003). Projects that cause involuntary resettlement, impact the
daily lives of local communities as in the case of large scale dams and power
projects as well as road and bridge projects. Most adversely impacted groups
are the vulnerable sections like landless labourers, daily wage earners, socially
backward communities like Mahadalits, elderly persons and the ultra-poor
(Mathur, 2011).

Core Values of Social Impact Assessment :- The SIA Community

proposes some Core Values of SIA through International Principles for
Social Impact Assessment (Vanclay, 2003), which are as follows:

✓ •There are fundamental human rights that are shared equally across
cultures, and by males and females alike
 12

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✓ health and to a good quality of life and which enables the development of
human and social potential

✓ Social dimensions of the environment – specifically but not exclusively

peace, the quality of social relationships, freedom from fear, and
belongingness – are important aspects of people’s health and quality of
life

✓ People have a right to be involved in the decision making about the

planned interventions that will affect their lives

✓ Local knowledge and experience are valuable and can be used to

enhance planned interventions

SIA seeks to assess, in advance, the social repercussions that are likely to follow
from projects undertaken to promote development, such as dams, mines,
industries, highways, ports, airports, urban development and power projects.
Identifying potential impacts is an important part of the planning process
(Mathur, 2011). SIA is a key component to successful policy development
and project implementation. SIA process uses local knowledge in the
decision process hence is more robust and reliable. The Public Involvement (PI)
component of SIA makes it possible to enrich the knowledge based on local
realities, which in turn helps in decision making.

SIA in the era of RFCTLARR Act 2013: Process, challenges and way forward Land
acquisition and Environmental issues are one of the largest sources of
delay in most infrastructure projects in India. A number of Airport, SEZ, IT
Park, Chemical plant and other projects are stalled in the country due to issues
in land acquisition. In most such cases, the local community and land owners
lead the protest due to unfair compensation and large scale displacement
without any alternative for rehabilitation and resettlement. The RFCTLARR
Act 2013 has mandated that an SIA be carried out whenever either a new project
or expansion of an existing project is undertaken. The Act clearly states that the
SIA should be done by not just consulting Gram Sabha or representatives from
the affected area but by reaching a consensus or getting the consent by
majority of Gram Sabha members. For Public Private Partnership (PPP)
projects, the level of consent of land owners required is 70% while it is 80% in
the case of Private projects. At least 50% of the total members of Gram Sabha
and one third of the total women members of Gram Sabha must be present in
consent meetings.

The various aspects that can be studied in an SIA study for projects involving
land acquisition, comprise, but not limited to:
• Attitude of local community towards the proposed project
 13

• Unavoidable adverse effects like disruption in living and movement

patterns, alteration in family structures, disruption of social networks,
changes in public safety & health and changes in leisure activities
• Impact on Land, Livelihood and Income
• Anticipated changes in living costs, occupational choices and wage /
income patterns
• Impact on physical resources – natural resources and common property
resources
• Impact on private assets, public services and utilities – health,
education, housing, electricity, water supply, roads, sanitation, waste
management
• Impact on health-migration, vulnerable sections
• Effects on known cultural, historical, sacred and archaeological resources
•Impact on culture and social cohesion

In order to examine the above aspects, in-depth research needs to be done

on the following variables in the affected area:

❖ Demographic profile – age, sex, caste, religion, literacy, health and

nutritional status
❖ Poverty levels – Income, Expenditure, MPI
❖ Identification of vulnerable groups - Elderly, Women headed
households, Differently abled persons
❖ Kinship pattern and women’s role in family
❖ Social and cultural organisation
❖ Administrative organisation
❖ Political organisation
❖ Civil society organisations and movements
❖ Land-use and livelihood
❖ Local economic activities
❖ Factors that contribute to local livelihood
❖ Quality of Living Environment: Perceptions, Safety Issues
Also, the following information needs to be collected in order to estimate the
magnitude of the impact by land acquisition:
❖ Current nature / classification of land units
❖ Size of holdings, ownership patterns, land distribution, number of
residential houses, and public and private infrastructure and assets
❖ Number of families and persons directly or indirectly affected by land
acquisition through:
➢ Loss of Residential facility
➢ Loss of Livelihood
➢ Loss of Agricultural opportunity
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There are a number of challenges in conducting an SIA study. One of them is

the involvement of multiple stakeholders, sometimes having conflicting interests.
As land is a limited and mostly inherited resource, people attach a lot of
economic and emotional significance to it. In the situation of their land
being acquired, many people fail to see the future benefits of the industrial
projects and oppose the land acquisition process. Many a times, there is
also an uncertainty about receiving proper compensation for the land being
acquired, which leads to confusion and protests. Unavailability of updated
land records is another major hurdle in conducting an SIA study. Most of
the written records are decades old and have become obsolete in present
times. Deciding title holder for the land in these cases appears to be a major
hurdle and invites disputes. Another hurdle is to cater to the sharecroppers
dependent upon the land to be acquired. They are mostly oral share croppers
which makes it difficult to
identify them properly and establish their rights for compensation.

The landless agricultural labourers working on the land or as petty

businessmen, artisans etc. are another set of people whose livelihood would
be at stake due to the acquisition. These people need to be identified carefully
to protect their rights. As the new Act has created provision for compensation
for all the people affected directly or indirectly, identification of these sets of
people under SIA study and estimates of their loss from the acquisition as well
as expected gain from the acquisition are two of the most challenging areas. In
such a scenario, multiple focus group discussion with all the affected people,
ensuring their participation and accounting for their concern along with a
census survey approach to map vulnerability, loss and gain from the project
are suggested in order to document the concerns of the people,
accommodate them in decision making process, as well as identify
legitimate claimants dependent on the land to be acquired. This process requires
extensive awareness of the people through sharing information, which might
reduce resistance in the acquisition process.

Rehabilitation and Resettlement Plan:-A major component of any SIA

study is the development of a Rehabilitation and Resettlement (R&R) Plan. In
case of resettlement of affected families in alternative villages, basic public
amenities must be developed in those areas. These may include roads, drainage,
sources of safe drinking water, drinking water for cattle, land for grazing, fair
price shops, Panchayat buildings, post office, burial or cremation ground,
Anganwadi, community centers, primary health centers, primary schools,
playground etc. The R&R package specified in the Act offers choice of
employment and monetary compensation. But generating large scale
employment for displaced families can prove to be a great challenge.

Most of the industrial projects like Software parks etc. generate high skilled
jobs which vulnerable sections of the society cannot fit into. At the maximum,
they can get absorbed into jobs like housekeeping, security and other support
 15

functions in limited numbers in the industrial parks (Sather, 2015). As far

as generating alternative livelihoods are concerned, the rehabilitation plan
can attempt to get the affected families connected to the National Skill
Development Mission, a Govt. of India initiative that plans to get millions of
Indian youth skilled over the next few years. This would help solve the
problem of unemployment and loss of livelihoods among the resettled
families. Some new initiatives like setting up small scale industries and
starting farm based agricultural activities in the resettlement area can be started
to generate meaningful employment for displaced families

Changes made to the process of land acquisition specified under the LARR Act,
2013
LARR (Second
Sequential steps outlined in Time limit specified in
Amendment)
2013 Act* LARR Act, 2013
Bill, 2015
SIA 6 months Five types of
Appraisal of SIA by expert 2 months (from the projects may be
group constitution of the group) exempt from the
SIA provision
(and consent
Examination of proposal for requirement)
land acquisition and SIA by the No time limit specified through a
government government
notification**
12 months (from the
Preliminary notification to appraisal of the SIA by the
No change
acquire land expert group) but extendable
by the government
12 months (from
preliminary notification) but
Declaration to acquire land No change
extendable by the
government
12 months (from
Land acquisition award
declaration) but extendable No change
(compensation)
by the government
Possession of land 6 months (from award)*** No change
Total time for possession of
50 months 42 months
land (without extensions)
 16

Key changes proposed in the 2015 Bill compared with provisions of the 2013
Act

Issue Land Acquisition Act, 2013
• No consent required for
government projects.
• Consent of 70% land
owners required for Public-
Private Partnership
Consent
projects.
• Consent of 80% land
owners required for private
projects.
• SIA is mandatory for all
projects except: (i) in cases
of urgency or (ii) for
Social Impact
irrigation projects where an
Assessment (SIA)
Environmental Impact
Assessment is required.
• Irrigated multi-cropped
land cannot be acquired
Irrigated multi-
beyond a limit specified by
cropped land
the state government.
17
Land Acquisition (Second
Amendment) Bill, 2015
• Five types of projects exempt
from consent requirements: (i)
defence, (ii) rural
infrastructure, (iii) affordable
housing, (iv) industrial
corridors set up by the
government/government
undertakings, up to one km on
either side of the road/railway
of the corridor, and (v)
infrastructure including PPP
projects where the government
owns the land.
• The government may exempt
above five types of projects
from SIA.
• The government is to ensure
that the extent of land being
acquired is in keeping with the
minimum land required.
• The government may exempt
the above five types of projects
from this provision.
• The government is to ensure
that the extent of land being
acquired is in keeping with the
minimum land required.
 18

• 13 Acts (such as the

National Highways Act,
1956 and the Railways
Compensation &
Act, 1989) are exempt
rehabilitation
from the provisions of the
and resettlement
Act. · Compensation and R&R
(R&R)
provisions of 13 Acts are in
provisions of 13
• The compensation and consonance with the Act.
other laws which
R&R provisions of these
govern land
Acts to be brought in
acquisition
consonance with the Act
by January 1, 2015.

• If an offence is committed
• The Bill deletes this provision.
by a government
department, the head of the
• The Bill adds a provision to
department will be deemed
Offences by the state that prior sanction of the
guilty unless he can show
government government will be required
that he had exercised due
before prosecuting a
diligence to prevent the
government employee.
commission of the offence.

• In calculating the time period

for retrospective application,
• The 2013 Act will apply in
any period during which the
case an award has been
proceedings were held up: (i)
made five years or more
due to a stay order of a court, or
before the commencement
(ii) for a period specified in the
Retrospective of the 2013 Act, but the
award of a Tribunal, or (iii) for
application physical possession of the
any period where possession
land has not been taken or
was taken but the compensation
compensation has not been
is lying deposited in a court or
paid.
any designated account, will
not be counted.

• If land acquired under

• The period after which
the Act remains
unutilised land has to be
unutilised for five
returned will be the later
years from the date of
Return of of: (i) five years, or (ii)
unutilised land taking possession, it
any period specified at the
must be returned to
time of setting up the
the original owners or
project.
a land bank.
 19

• The term ‘private

company’ changed to
• Private company
‘private entity’ which is
Change from defined as one
defined as an entity other
private included in the
than a government entity,
‘company’ to Companies Act, 1956,
and includes a
private or under the Societies
proprietorship,
‘entity’ Registration Act,
partnership, company,
1860.
corporation, non-profit
etc.

• Clarifies that this will

Rehabilitation • Includes employment include employment to
& to one member of an ‘one member of such
Resettlement affected family. affected family of farm
award labour’ must be given.

• Adds that the LARR

• In case someone is not
Authority must hold its
Land satisfied with an
hearing in the district
Acquisition, award under the Act,
where land acquisition is
Rehabilitation they can approach the
taking place, after a
and Land Acquisition,
reference from the
Resettlement Rehabilitation and
Collector and giving
Authority Resettlement (LARR)
notice to all concerned
Authority.
parties.

• The government must

Survey of conduct a survey of its
• No provision.
wasteland wasteland and maintain a
record of the same.
 20

Land law -

Exemption of certain Acts Absence of R&R provisions for some acquisitions The
Bill specifies 16 Acts such as the Atomic Energy Act, 1962, and the National
Highways Act, 1956 which will be exempt from its provisions. The central
government has the power to modify this list. The compensation and R&R
provisions under some of these Acts are different from this Bill. For example,
the National Highways Act and the Atomic Energy Act provide that the
compensation shall be based on the market value of the land on the date the
notification is published. Both these Acts do not stipulate any R&R provisions.
Purchase of land by private companies The Bill provides that R&R provisions are
mandatory for all private purchases through private negotiations if the land
purchased is over 100 acres in rural areas or 50 acres in urban areas. This
raises two issues (i) jurisdiction of Parliament to makes laws on purchase of land;
and (ii) possible circumvention of R&R provisions. Jurisdiction of Parliament to
make laws on purchase of land It is not clear whether Parliament has jurisdiction
to require R&R on purchase of agricultural land through private negotiations.
Parliament derives its power to make laws on „acquisition and requisition of
property‟ from Item 42 of the Concurrent List. Further, „transfer of property,
other than agricultural land, registration of documents and deeds‟ is included
in the Concurrent List (Item 6). However, „transfer and alienation of agricultural
land‟ is included in the State List (Item 18). If it is interpreted that the R&R
arises out of transfer of agricultural land, the issue may fall within the sole
jurisdiction of state legislatures. On the other hand, if the interpretation is that
this subject is primarily related to R&R, which is not specified in any of the three
lists, then it may fall within the ambit of the residuary power of Parliament
specified in the Union List (Item 97). Possible circumvention of R&R
requirements A private company that acquires or purchases more than 50 acres
of land in urban areas or 100 acres in rural areas is required to rehabilitate and
resettle affected families. This threshold can be circumvented by a private
company by purchasing multiple parcels of land, each under the prescribed
limit, through other entities.

Sec 26 & 11(4)

Computation of compensation paid to land owners Basis of calculation of the

market value of land in rural areas unclear Compensation shall be calculated on
the basis of the market value of land and the value of assets attached to the land.
The market value of land is determined by taking into account the higher of: (i)
the minimum land value in the Indian Stamp Act, 1899 or (ii) the average of the
top 50 per cent of the reported sale price during the preceding three years for
 21

similar type of land in vicinity. In the case of land in rural areas, the value of
land determined by this method is further doubled. A possible reason for this
doubling could be to compensate for under reporting of the transacted price in
registration deeds. However, this may not provide an accurate estimation of the
value of the land. Land transactions after SIA could affect the compensation
amount Transactions on the proposed land to be acquired shall be frozen from
the date of issue of the preliminary notification till the time the process of land
acquisition is completed. This is done to prevent sale of land just before the
acquisition which could drive up prices. However, the possibility of land
acquisition would be known from the time of the SIA process. This implies that
there could be sale of different parcels of land in the vicinity from the time of the
SIA till the issue of the preliminary notification. As the compensation for land is
linked to the actual transactions in the three years prior to the preliminary
notification, these sales during the SIA process may increase prices.

Subsequent transfer or sale of land Computation of profit sharing may be

difficult in some cases If the acquired land is transferred without any
development, 20 per cent of the appreciated land value must be distributed
amongst the original land owners. Computation of the appreciated land value
may be possible in case the transaction involves only transfer of land. However,
it may be difficult to compute the value of land if the transfer is part of a larger
transaction. For example, company A owns some undeveloped land as well as a
number of other assets (factories, sales centres etc.) and company B takes over
company A. In this case, company B will pay a consolidated price for all assets
(including land) and it would be difficult to compute the price paid for land that
could have been previously acquired

Clause 75 & 68

No R&R provisions for temporary occupation of land Under the Bill, the
government may temporarily acquire waste and arable land for a maximum
period of three years. This raises three issues. First, the Bill does not provide
any guidelines for computing the compensation in such cases. Second, the R&R
provisions mentioned in the Bill would not be applicable to such acquisitions.
Third, the Bill specifies that in case of a dispute between the owners of the land
and temporary occupants, the matters may be referred to the Land Acquisition
and R&R Authority. However, it does not provide for a process to appeal against
the decision of the Authority in such cases. [The Bill provides for appeal to the
High Court only against the compensation award for acquisition and not for
temporary acquisitions.]
22
23
24
25
26
27
 28

Chapter VII National Monitoring Committee for Rehabilitation and

Resettlement

Sections 48 to 50 National Monitoring Committee for Rehabilitation

and Resettlement In case where land acquisition involves inter-State
or National Projects, the Central Government may constitute a body
called National Monitoring Committee. The functions of the National
Monitoring Committee shall be confined to the measures of
rehabilitation and resettlement only. Such Committee shall function
through the Officers of the Central and State Governments. For
similar purpose the State Governments may appoint Monitoring
Committees for each State
49. Establishment of National Monitoring Committee for rehabilitation and
resettlement.
1. The Central Government may, whenever necessary, for national or inter-
State projects, constitute a National Monitoring Committee for reviewing
and monitoring the implementation of rehabilitation and resettlement
schemes or plans under this Act.
2. The Committee may, besides having representation of the concerned
Ministries and Departments of the Central and State Governments,
associate with it eminent experts from the relevant fields.
3. The procedures to be followed by the Committee and the allowances
payable to the experts shall be such as may be prescribed.
4. The Central Government shall provide officers and other employees to
the Committee necessary for its efficient functioning.

50. Reporting requirements.

The States and Union territories shall provide all the relevant information on the
matters covered under this Act, to the National Monitoring Committee in a
regular and timely manner, and also as and when required.

51. Establishment of State Monitoring Committee for rehabilitation and

resettlement.
1. The State Government shall constitute a State Monitoring Committee for
reviewing and monitoring the implementation or rehabilitation and
resettlement schemes or plans under this Act.
 29

2. The Committee may, besides having representatives of the concerned

Ministries and Departments of the State Government, associate with it
eminent experts from the relevant fields.
3. The procedures to be followed by the Committee and the allowances
payable to the experts shall be such as may be prescribed by the State
4. The State Government shall provide such officers and other employees
to the Committee as may be necessary for its efficient functioning .

National Monitoring Committee has been set up to look into issues related
to displacement, compensation, payment and resettlement including
those of tribal persons

The Department of Land Resources in the Ministry of Rural Development is the

nodal agency for matters relating to land acquisition. Acquisition of land for
various projects is done by concerned State Governments/ UT Administrations
as per provisions laid down in the Land Rehabilitation Act, 1894 as well as under
the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013). Further, the
Ministry of Water Resources, River Development and Ganga Rejuvenation is the
nodal Ministry for implementing irrigation and Water Resources Projects in the
country.

Example:- Representations have been received during the last 60 days in

connection with the displacement of people due to Polavaram Dam, Andhra
Pradesh.

As per information obtained from the Government of Andhra Pradesh through

the Department of Land Resources, land was acquired for construction of power
House of Polavaram Project as per land Acquisition Act, 1894 and compensation
for land and properties and rehabilitation and resettlement (R&R) benefits were
extended to both tribal and non-tribals prior to 2012 as per Andhra Pradesh
Rehabilitation and Resettlement (AP R&R) Policy, 2005.

The Government of Andhra Pradesh is committed to extend all benefits as per

the provisions of Land Acquisition Act, 1894 upto 31.12.2013 and as per Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (RFCTLARR Act, 2013) beyond this date.

To ensure adequate compensation and timely and proper rehabilitation of

displaced tribal people across the country, the Government has made special
provisions in the “Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013”. As per the
Act, as far as possible, no land is to be acquired in the scheduled area except as
 30

last resort. In case acquisition or alienation of any land in the Scheduled Areas,
prior consent of Gram Sabha or the Panchayat or the Autonomous District
Councils, as the case may be, are required to be obtained. The Act also lays down
procedure and manner of rehabilitation and resettlement (R&R) wherein R&R is
an integral part of the land acquisition plan itself. Chapter-V and VI of the said
Act contain detailed provisions for R&R awards and their implementation. The
provisions of employment under the RFCTLARR Act, 2013 cover those whose
land has been acquired after 31.12.2013.

In accordance with the provisions of Section 48 of the RFCTLARR Act, 2013 a

National Monitoring Committee has been set up under the Chairmanship of
Secretary, Department of Land Resources in the Ministry of Rural Development
for reviewing and monitoring the implementation of Rehabilitation and
Resettlement Scheme, looking into issues related to displacement of people,
payment of compensation, rehabilitation and resettlement, and the status of
land acquisition.

A high-level national monitoring committee will review and monitor the

implementation of the resettlement and rehabilitation (R&R) related to land
acquisition under the law enacted by the previous UPA government, officials
said. The development comes after widespread protests over the government’s
move to issue an ordinance that dropped the mandatory social impact
assessment and the consent clause for five sectors in a bid to spur infrastructure
development and industrialization.

The government has, however, retained the high compensation and the R&R
provisions of the Act of 2013 and the secretary-level committee will ensure that
all the provisions of R&R as prescribed in the Act are implemented even before
the land is acquired, a senior government official told ET. The government hopes
this approach will help establish its good intentions.

"The 25-member committee will be chaired by the secretary of department of

land resources and comprise 17 other sec .. The 25-member committee will be
chaired by the secretary of department of land resources and comprise 17 other
secretaries of various central ministries, revenue secretaries of Delhi, Gujarat,
Madhya Pradesh, Maharashtra, Rajasthan and Tamil Nadu," the official said,
requesting anonymity. "It will review and monitor the implementation of R&R
schemes or plans related to land acquisition under this Act."

The R&R provisions of the 2013 Act include rehabilitation and resettlement
amount payable to the family, a house to be allotted in case of displaced families,
 31

onetime subsistence allowance and transportation allowance, payment for cattle

shed and shops, one-time payment to artisans and small traders as well as a
provision for mandatory employment to be provided to the members of the
affected families. The right to fair compensation and transparency in
Rehabilitation and Resettlement Act, 2013, which came into force on January 1,
2014, is said to have stalled hundreds of projects worth lakhs of crores of rupees.

It had been introduced to amend legislation dating back to 1894 after violent
protests broke out over land being taken away from farmers. Many states have
also complained that the law has made land acquisition almost impossible. The
government brought about changes in the original law through an ordinance on
December 29, 2014, which was later laid in Parliament during the budget session
and got cleared in the Lok Sabha after government made nine fresh changes to
the Act to accommodate some of the demands of its own allies as well as the
opposition, the most important being insertion of the compulsory employment
clause under the Act.

Acquisition, Rehabilitation and Resettlement Authority

Chapter VIII Establishment of Land Acquisition, Rehabilitation and Resettlement
Authority
52. Establishment of State Monitoring Committee for rehabilitation and
Resettlement Authority.
1. The appropriate Government shall, for the purpose of providing speedy
disposal of disputes relating to land acquisition, compensation,
rehabilitation and resettlement, establish, by notification, one or more
Authorities to be known as “the Land Acquisition, Rehabilitation and
Resettlement Authority” to exercise jurisdiction, powers and authority
conferred on it by or under this Act.
2. The appropriate Government shall also specify in the notification
referred to in sub-section (1) the areas within which the Authority may
exercise jurisdiction for entertaining and deciding the references made to
it under section 65 or applications made by the applicant under second
proviso to sub-section (1) of section 65.

Sec. 53. Composition of Authority.

1. The Authority shall consist of one person only (hereinafter referred to as
the Presiding Officer) to be appointed, by notification, by the appropriate
Government.
 32

2. Notwithstanding anything contained in sub-section (1), the appropriate

Government may authorise the Presiding Officer of one Authority to
discharge also the functions of the Presiding Officer of another Authority.

Sec. 54. Qualifications for appointment as Presiding Officer.

1. A person shall not be qualified for appointment as the Presiding Officer
of an Authority unless,—
a. he is or has been a District Judge; or
b. he is a qualified legal practitioner for not less than seven years.
2. A Presiding Officer shall be appointed by the appropriate Government in
consultation with the Chief Justice of a High Court in whose jurisdiction
the Authority is proposed to be established.

55. Terms of office of Presiding Officer.

The Presiding Officer of an Authority shall hold office for a term of three years
from the date on which he enters upon his office or until he attains the age of
sixty-five years, whichever is earlier.

Rehabilitation and resettlement

For land owners, the Act provides: an additional subsistence allowance of ₹38,000
(US$800) for the first year - may be

• an additional entitlement of a job to the family member, or a payment of

₹5,00,000 (US$11,000) up front, or a monthly annuity totaling ₹24,000 (US$550)
per year for 20 years with adjustment for inflation – the option from these three
choices shall be the legal right of the affected land owner family, not the land
acquirer
• an additional upfront compensation of ₹50,000 (US$1,100) for transportation
 33

• an additional upfront resettlement allowance of ₹50,000(US$1,100)

• if the land owner loses a home in a rural area, then an additional entitlement of a
house with no less than 50 square meters in plinth area
• if the land is acquired for urbanization, 20% of the developed land will be
reserved and offered to land owning families, in proportion to their land acquired
and at a price equal to cost of acquisition plus cost of subsequent development
• if acquired land is resold without development, 20% of the appreciated land
value shall be mandatorily shared with the original owner whose land was
acquired
In addition to the above compensation and entitlements under the proposed LARR
2011, scheduled caste and schedule tribe (SC/ST) families will be entitled to several
other additional benefits per Schedule II of the proposed bill. India has over 250
million people protected and classified as SC/ST, about 22% of its total population.
The proposed additional benefits to these families include: an additional land grant
of 2.5 acres per affected family

• an additional assistance of ₹50,000 (US$1,100)

• free land for community and social gatherings, and special Schedule V and VI
benefits
Schedule III of LARR 2011 proposes additional amenities over and beyond those
outlined above. Schedule III proposes that the land acquirer shall provide 25
additional services to families affected by the land acquisition. Some examples of
the 25 additional services include schools, health centres, roads, safe drinking
water, child support services, places of worship, burial and cremation grounds, post
offices, fair price shops, and storage facilities.
LARR Bill 2011 proposes that Schedule II through VI shall apply even when private
companies willingly buy land from willing sellers, without any involvement of the
government.
The Bill as drafted mandates compensation and entitlements without limit to number
of claimants. Thus, for clarity and as an example, if 1000 acres of rural land is to be
acquired for a project, with market price of ₹2,25,000 per acre (US$5000 per acre),
100 families claim to be land owners, and 5 families per acre claim their rights as
livelihood losers under the proposed LARR 2011 Bill, the total cost to acquire the
1000 acre would be

• Land compensation = ₹90,00,00,000 (US$20,000,000)

• Land owner entitlements = ₹6,30,00,000 (US$1,400,000) + 100 replacement
homes
• Livelihood loser entitlements = ₹365,00,00,000 (US$70,000,000) + 5000
replacement homes
A 2010 report by the Government of India, on labour whose livelihood depends on
agricultural land, claims that, per 2009 data collected across all states in India, the all-
 34

India annual average daily wage rates in agricultural occupations ranged between ₹53
to 117 per day for men working in farms (US$354 to 780 per year), and between ₹41
to 72 per day for women working in farms (US$274 to 480 per year). This wage rate
in rural India study included the following agricultural operations common in India:
ploughing, sowing, weeding, transplanting, harvesting, winnowing, threshing, picking,
herdsmen, tractor driver, unskilled help, mason, etc

ACQUISITION, AND R & R AUTHORITY:-

Chapter VIII of the Act explain about establishment of Land acquisition,

Rehabilitation and Resettlement Authority.

Appointment, Qualification and Terms of the authority:-

Sec 52:-Establishment of Land Acquisition, Rehabilitation and Resettlement
Authority

(1) The Land acquisition, R & R authority is appointed by the appropriate

government. The intention/purpose of the authority is to provide speedy disposal
of disputes relating to Land acquisition, compensation, Rehabilitation and
Resettlement work. To exercise the judicial power under jurisdiction the
authority conferred on it under this act.

(2) The appropriate Government shall also specify in the notification referred to
in sub sec(1) the areas within which the authority may exercise jurisdiction for
entering and deciding the references made to it under Sec 64or applications
made by the applicant under second proviso to sec 64(1)
Sec 53- Composition of Authority.
(1) There will be one presiding officer as a compensation authority appointed by
the appropriate govt. as per the notification.
(2) The appropriate Govt. may authorize the presiding officer to discharge also
function as presiding officer as per Sub Sec( 1)

Sec 54:- Qualification to appoint as a Presiding officer:-

(1) A person shall appoint as a presiding officer should have a capacity/unless

(a) he is or has been a District Judge; or

(b) he is a qualified legal practitioner for not less than seven years.
 35

Sec 54:- Qualification to appoint as a Presiding officer:-

(1) A person shall appoint as a presiding officer should have a capacity/unless

(2) A Presiding Officer shall be appointed by the appropriate Government in

consultation with the Chief Justice of a High Court in whose jurisdiction the
Authority is proposed to be established.
Sec 55:-Terms of office of Presiding officer:-

The Presiding Officer of an Authority shall hold office for a term of three years
from the date on which he enters upon his office or until he attains the age of
sixty-five years, whichever is earlier.
Sec. 56:- Staff of Authority:- The appropriate Government shall provide the
staff of the presiding authority with a Registrar and other officials and employees
as per Government think it is necessary/fit.

The Registrar and other officers and employees of an Authority shall discharge
their functions under the general superintendence of the Presiding Officer.
The salaries and allowances and other terms and conditions of service of Register
and office Staff is prescribed by the Appropriate Government only.
As per Sec 63 of this act-the member and officers of the Authority are deemed
to be public servants within the meaning of Sec 21 of the IPC.

Sec.57 :- Presiding officers Salary and allowances

The salary and allowances payable to and the other terms and conditions of
service (including pension, gratuity and other retirement benefits) of the
Presiding Officer of an Authority, shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and
conditions of service of the said Presiding Officers shall be varied to their
disadvantage after appointment.
Sec 58. Filling up of vacancies.
If, for any reason other than temporary absence, any vacancy occurs in the office
of the Presiding Officer of an Authority than the appropriate Government shall
appoint another person in accordance with the provisions of this Act to fill the
vacancy and the proceedings may be continued before the Authority from the
stage at which the vacancy is filled.

Sec. 59. Resignation and removal.

1. The Presiding Officer of an Authority may, by notice in writing under his
hand addressed to the appropriate Government, resign his office:
 36

Provided that the Presiding Officer shall, unless he is permitted by the

appropriate Government to relinquish his office sooner, continue to hold office
until the expiry of three months from the date of receipt of such notice or until a
person duly appointed as his successor enters upon his office or until the expiry
of his term of office, whichever is earlier.
2. The Presiding officer of an Authority shall not be removed from his office
except by an order made by the appropriate Government on the ground of proven
misbehavior or incapacity after inquiry in the case of the Presiding Officer of an
Authority made by a Judge of a High Court in which the Presiding Officer
concerned has been informed of the charges against him and given a reasonable
opportunity of being heard in respect of these charges.
3. The appropriate Government may, by rules, regulate the procedure for the
investigation of misbehavior or incapacity of the aforesaid Presiding Officer

The Powers and functions of the Authority:-

Sec. 60:- As per Sec 60 of the R& R Act order constitution Authority to be final
and not to invalidate its proceedings .
No order of the appropriate Government appointing any person as the Presiding
Officer of an Authority shall be called in question in any manner, and no act or
proceeding before an Authority shall be called in question in any manner on the
ground merely of any defect in the constitution of an Authority.

Sec 61. Powers of the Authority.:- The Authority will functions under this act
shall have the same powers vested to Civil Court as per the CPC 1908 in the
following matters, they are:-
o summoning and enforcing the attendance of any person and
examining him on oath;
o discovery and production of any document or other material object
producible as evidence;
o receiving evidence on affidavits;
o requisitioning of any public record;
o issuing commission for the examination of witnesses;
o reviewing its decisions, directions and orders;
o any other matter which may be prescribed.

As per sec 65 the Authority shall have original jurisdiction to adjudicate upon
every reference made.
The Authority shall not be bound by the procedure laid down in the Code of
Civil Procedure, 1908 but shall be guided by the principles of natural justice and
subject to the other provisions of this Act and of any rules made there under,
the Authority shall have the power to regulate its own procedure.
The Authority shall, after receiving reference under section 65 and after giving
notice of such reference to all the parties concerned and after affording
 37

opportunity of hearing to all parties, dispose of such reference within a period of

six months from the date of receipt of such reference and make an award
accordingly.
The Authority shall arrange to deliver copies of the award to the parties
concerned within a period of fifteen days from the date of such award.

Procedures as per Judicial frame work:-

Sec.62:- Explains about the Proceedings of Judicial before Authority:-. All

proceedings before the Authority shall be deemed to be judicial proceedings
within the meaning of sections 193 and 228 of the Indian Penal Code and the
Authority shall be deemed to be a civil court for the purposes of sections 345
and 346 of the Code of Criminal Procedure, 1973.

Sec. 64:-. Jurisdiction of civil courts barred.:- No civil court (other than High
Court under article 226 or article 227 of the Constitution or the Supreme Court)
shall have jurisdiction to entertain any dispute relating to land acquisition in
respect of which the Collector or the Authority is empowered by or under this
Act, and no injunction shall be granted by any court in respect of any such
matter.

Sec. 65:-. Reference to Authority:-

(1) Any person interested who has not accepted the award may, by written
application to the Collector, require that the matter be referred by the Collector
for the determination of the Authority, as the case may be, whether his objection
be to the measurement of the land, the amount of the compensation, the person
to whom it is payable, the rights of Rehabilitation and Resettlement under
Chapters V and VI or the apportionment of the compensation among the persons
interested:
Provided that the Collector shall, within a period of thirty days from the date of
receipt of application, make a reference to the appropriate Authority:
Provided further that where the Collector fails to make such reference within the
period so specified, the applicant may apply to the Authority, as the case may
be, requesting it to direct the Collector to make the reference to it within a period
of thirty days.
(2). The application shall state the grounds on which objection to the award is
taken:
Provided that every such application shall be made—
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a. if the person making it was present or represented before the Collector at

the time when he made his award, within six weeks from the date of the
Collector’s award;
b. in other cases, within six weeks of the receipt of the notice from the Collector
under section 22, or within six months from the date of the Collector’s award,
whichever period shall first expire:
Provided further that the Collector may entertain an application after the expiry
of the said period, within a further period of one year, if he is satisfied that there
was sufficient cause for not filing it within the period specified in the first proviso.

Sec.66 :- Collector’s statement to Authority.

1. The concerned authority has to make a report as and when the collector
calls. In making the reference, the Collector shall state for the information of
the Authority, in writing under his hand—
a. the situation and extent of the land, with particulars of any trees, buildings
or standing crops thereon;
b. the names of the persons whom he has reason to think interested in such
land;
c. the amount awarded for damages and paid or tendered under section 13,
and the amount of compensation awarded under the provisions of this Act;
d. the amount paid or deposited under any other provisions of this Act; and
e. if the objection be to the amount of the compensation, the grounds on which
the amount of compensation was determined.
2. The statement under sub-section (1) shall be attached a schedule giving the
particulars of the notices served upon, and of the statements in writing made or
delivered by the persons interested respectively.

Sec.67. Service of notice by Authority. :- The Authority/ Collector can issue

a notice specifying the date /day on which the authority will proced to
determine the objection and call on before the authority on that particular
day to
a. the applicant;
b. all persons interested in the objection, except such (if any) of them as
have consented without protest to receive payment of the compensation
awarded; and
c. if the objection is in regard to the area of the land or to the amount of
the compensation, the Collector.
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Sec.68:- . Restriction on scope of proceedings. Considering the interest of the

persons and raised objection shall be restricted to a consideration of the Interest
of him.

Sec 69. Proceedings to be in public.:- As per the LARR ACT 2013 Every
proceedings shall take place in public. All persons entitled to practice in any civil
court in the state shall be entitled to appear, plead and Act ( as the case may be)
in such proceedings.

Sec. 75:- Appeal to High Court.

1. The Requiring Body or any person aggrieved by the Award passed by an

Authority under section 70 may file an appeal to the High Court within sixty
days from the date of Award:
Provided that the High Court may, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal within the said period, allow
it to be filed within a further period not exceeding sixty days.
2. Every appeal referred to under sub-section (1) shall be heard as
expeditiously as possible and endeavor shall be made to dispose of such appeal
within six months from the date on which the appeal is presented to the High
Court.
Explanation .—For the purposes of this section, “High Court” means the High
Court within the jurisdiction of which the land acquired or proposed to be
acquired is situated.

Sec. 70. Determination of award by Authority.

1. In determining the amount of compensation to be awarded for land
acquired including the Rehabilitation and Resettlement entitlements, the
Authority shall take into consideration whether the Collector has followed
the parameters set out under section 27 to section 31 and the provisions
under Chapter V of this Act.
2. In addition to the market value of the land, as above provided, the
Authority shall in every case award an amount calculated at the rate of
twelve per cent. per annum on such market value for the period
commencing on and from the date of the publication of the preliminary
notification under section 11 in respect of such land to the date of the
award of the Collector or the date of taking possession of the land,
whichever is earlier.
Explanation .— In computing the period referred to in this sub-section, any
period or periods during which the proceedings for the acquisition of the land
were held up on account of any stay or injunction by the order of any Court shall
be excluded.
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3. In addition to the market value of the land as above provided, the

Authority shall in every case award a solatium of one hundred per cent.
over the total compensation amount.

71. Form of award.

1. Every award under this Chapter shall be in writing signed by the
Presiding Officer of the Authority, and shall specify the amount awarded
under clause first of sub-section (1) of section 24, and also the amounts
(if any) respectively awarded under each of the other clauses of the same
sub-section, together with the grounds of awarding each of the said
amounts.
2. Every such award shall be deemed to be a decree and the statement of
the grounds of every such award a judgment within the meaning of clause
(2), and clause (9) of respectively, of section 2 of the Code of Civil
Procedure, 1908 .

72. Costs.
1. Every such award shall also state the amount of costs incurred in the
proceeding under this Chapter, and by what persons and in what
proportions they are to be paid.
2. When the award of the Collector is not upheld, the cost shall ordinarily
be paid by the Collector, unless the Authority concerned is of the opinion
that the claim of the applicant was so extravagant or that he was so
negligent in putting his case before the Collector that some deduction from
his costs should be made or that he should pay a part of the Collector’s

Sec.73:- Collector may be directed to pay interest on excess compensation.

If the sum, which in the opinion of the Authority concerned, the Collector ought
to have awarded as compensation is in excess of the sum which the Collector did
award as compensation, the award of the Authority concerned may direct that
the Collector shall pay interest on such excess at the rate of nine per cent. per
annum from the date on which he took possession of the land to the date of
payment of such excess into Authority:
Provided that the award of the Authority concerned may also direct that where
such excess or any part thereof is paid to the Authority after the date or expiry
of a period of one year from the date on which possession is taken, interest at
the rate of fifteen per cent. Per annum shall be payable from the date of expiry
of the said period of one year on the amount of such excess or part thereof which
has not been paid into Authority before the date of such expiry.

SEC.74:- Re-determination of amount of compensation on the basis of the

award of the Authority.
 41

1. Where in an award under this Chapter, the Authority concerned allows to

the applicant any amount of compensation in excess of the amount awarded by
the Collector under section 24, the persons interested in all the other land
covered by the same preliminary notification under section 11, and who are also
aggrieved by the award of the Collector may, notwithstanding that they had not
made an application to the Collector, by written application to the Collector
within three months from the date of the award of the Authority concerned
require that the amount of compensation payable to them may be re-determined
on the basis of the amount of compensation awarded by the Authority:
Provided that in computing the period of three months within which an
application to the Collector shall be made under this sub-section, the day on
which the award was pronounced and the time requisite for obtaining a copy of
the award shall be excluded.
2. The Collector shall, on receipt of an application under sub-section (1),
conduct an inquiry after giving notice to all the persons interested and giving
them a reasonable opportunity of being heard, and make an award determining
the amount of compensation payable to the applicants.
3. Any person who has not accepted the award under sub-section (2) may, by
written application to the Collector, require that the matter be referred by the
Collector for the determination of the Authority concerned.

75. Appeal to High Court.

1. The Requiring Body or any person aggrieved by the Award passed by an

Authority under section 70 may file an appeal to the High Court within
sixty days from the date of Award:
Provided that the High Court may, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal within the said period, allow
it to be filed within a further period not exceeding sixty days.
2. Every appeal referred to under sub-section (1) shall be heard as
expeditiously as possible and endeavor shall be made to dispose of such
appeal within six months from the date on which the appeal is presented
to the High Court.
Explanation .—For the purposes of this section, “High Court” means the High
Court within the jurisdiction of which the land acquired or proposed to be
acquired is situated.

Hyderabad: The State government constituted the Land Acquisition,

Rehabilitation and Resettlement Authority and appointed B Nagamaruthi
 42

Sarma, District Judge (Retired), as presiding officer for the initial period of
one year.

The body was appointed in accordance with the provisions of the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act- 2013. The authority will entertain and decide the
references made to it under Section 64 of the Central Act No.30 of 2013.
Its objective is to provide speedy disposal of disputes relating to land
acquisition, compensation, rehabilitation and resettlement of land oustees.

The authority will deal with issues related to the process of land
acquisition and payment of fair compensation to the people displaced on
account of land acquisition under the Central Act by the State for its
irrigation, industrial and infrastructure projects.

The Revenue department directed the Chief Commissioner of Land

Administration and all Collectors to take cognizance of the new body for
dispute resolution pertaining to land acquisition. The new authority
assumes significance in the wake of the High Court directives on GO No.
123 for speeding up land acquisition process for its developmental
projects.