ARMY INSTITUTE OF LAW, MOHALI

“REHABILTATION & RESETTLEMENT AWARD”

A Project submitted To

ARMY INSTITUTE OF LAW, MOHALI

Under the guidance of

Ms. Upagya Sharma

In partial fulfilment of the requirements for the award of degree of

B.A. LL. B

SUBMITTED TO: SUBMITTED BY:

Ms. Upagya Sharma Siddhi Porwal (2056)

PUNJABI UNIVERSITY, PATIALA (PUNJAB)

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DECLARATION

It is certified that the project work presented in this report entitled “REHABILITAITON &
RESETTLEMENT AWARD” is the results of original research work carried out by me. All the
ideas and reference have been duly acknowledged and true to the facts.

Name - Siddhi Porwal Date – 10th November, 2023

Roll no - 2056 Place – AIL, Mohali

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ACKNOWLEGEMENT

I would like to express my special thanks of gratitude to my teacher Ms. Upagya Sharma as well
as our principal Dr. Tejinder Kaur, who gave me the golden opportunity to do this wonderful
project on the topic “Rehabilitation & Resettlement Award” which helped me in improving my
research skills and I got an opportunity to acquire knowledge as well. I am really thankful to them
and also thanks to my friends for special support for this project.

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TABLE OF CONTENTS

Declaration.………………………………………………………………………………………. 2
Acknowledgement………………………………………………………………………………... 3
Table of contents…………………………………………………………………………………. 4
Introduction………………………………………………………………………………………. 5
Significance of Rehabilitation & Resettlement Award……………………………………………6
Contents of rehabilitation & resettlement award…………………………………………………..7
Corrections to award by collector………………………………………………………………….7
Powers of collector with respect to making award…………………………………………………8
Finality of collector’s award……………………………………………………………………….9
Procedure in case of urgency to acquire land…………………………………………………….10
Conclusion………………………………………………………………………………………. 11
Bibliography…………………………………………………………………………………….. 12

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INTRODUCTION
The government acquires property for its own use, possession, and control, including public sector
enterprises. The land is acquired by the government with the ultimate goal of transferring it to
private corporations for a specific public purpose. Projects involving public-private partnerships
are included in LARR 2013, but those involving property acquired for state or national highway
projects are not. The land is acquired by the government for declared and immediate use by private
businesses for public purposes. Acquisitions made under 16 current laws, such as the Special
Economic Zones Act of 2005, the Atomic Energy Act of 1962, the Railways Act of 1989, etc., are
exempt from the terms of the Act.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and
Resettlement Act (LARR Act), 2013, was a landmark legislation in India that aimed to strike a
balance between the need for economic development and the protection of the rights and
livelihoods of those affected by land acquisition. Among the key provisions of the LARR Act is
the Rehabilitation and Resettlement (R&R) award, which ensures that individuals and
communities displaced by land acquisition are adequately compensated and rehabilitated. This
article delves into the concept and significance of the R&R award and its impact on affected
individuals and communities.

In the case of K.Madhava Rao v. State of Andhra Pradesh1, The Court observed that it is duty of
Court to determine whenever a question is raised with respect to the fact that whether acquisition
is or not for a public purpose. However, prima facie Government is the best judge as to whether
acquisition is for public purpose. But it is not sole judge.

REHABILITATION & RESETTLEMENT AWARD: The Rehabilitation and Resettlement

award is a critical component of the LARR Act, and it plays a pivotal role in safeguarding the
rights and interests of those who are displaced due to land acquisition for public purposes. The
primary objective of the R&R award is to ensure that affected individuals and communities are not
only compensated fairly for their land but are also provided with adequate support and resources
to rebuild their lives.

1
K. Madhava Rao v. State of Andhra Pradesh, 2006 (1) ALD 457, 2006 (1) ALT 562

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Section 31-42 of the Chapter V of The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 deals with the rehabilitation and
resettlement Award.

SIGNIFICANCE OF THE R&R AWARD

The R&R award holds immense significance in the context of land acquisition in India. It ensures
that individuals and communities who are forced to part with their land for the greater public good
are not left vulnerable or destitute. Here are some key aspects of its significance:

(a) Protection of Livelihoods: The R&R award recognizes the importance of protecting the
livelihoods of those affected by land acquisition. By providing compensation and support
for livelihood restoration, it ensures that people do not lose their means of sustenance due
to the acquisition of their land.
(b) Social Equity: The Act places a strong emphasis on social equity by ensuring that
marginalized and vulnerable communities are not disproportionately impacted by land
acquisition. The R&R award aims to provide these communities with opportunities for a
better life in the new settlement areas.
(c) Fair Compensation: The R&R award mandates fair and just compensation, which
safeguards the financial interests of landowners. It prevents exploitation and ensures that
landowners are adequately compensated for the loss of their property.
(d) Inclusivity: The R&R award is inclusive in nature, addressing the needs of various
stakeholders, including landowners, agricultural laborers, and others dependent on the
land. It recognizes the diverse impacts of land acquisition and tailors the rehabilitation and
resettlement measures accordingly.
(e) Sustainable Development: By addressing the social and economic aspects of land
acquisition, the R&R award promotes sustainable development. It ensures that the adverse
consequences of land acquisition are mitigated, and development projects are carried out
with the welfare of affected communities in mind.

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CONTENTS OF REHABILITATION & RESETTLEMENT AWARD

Section 31: Rehabilitation & Resettlement Award for Affected Families by collector

1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in
terms of the entitlements provided in the Second Schedule.

(2) The Rehabilitation and Resettlement Award shall include all of the following, namely:-

a) rehabilitation and resettlement amount payable to the family;

b) bank account number of the person to which the rehabilitation and resettlement award
amount is to be transferred;
c) particulars of house site and house to be allotted, in case of displaced families;
d) particulars of land allotted to the displaced families;
e) particulars of one-time subsistence allowance and transportation allowance in case of
displaced families;
f) particulars of payment for cattle shed and petty shops;
g) particulars of one-time amount to artisans and small traders;
h) details of mandatory employment to be provided to the members of the affected families;
i) particulars of any fishing rights that may be involved;
j) particulars of annuity and other entitlements to be provided;
k) particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to be
provided:

Provided that in case any of the matters specified under clauses (a) to (k) are not applicable to any
affected family the same shall be indicated as ―not applicable:

Provided further that the appropriate Government may, by notification increase the rate of
rehabilitation and resettlement amount payable to the affected families, taking into account the rise
in the price index.

CORRECTIONS TO AWARD BY COLLECTOR (Section 33)

(1) The Collector may at any time, but not later than six months from the date of award or where
he has been required under the provisions of this Act to make a reference to the Authority under
section 64, before the making of such reference, by order, correct any clerical or arithmetical

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mistakes in either of the awards or errors arising therein either on his own motion or on the
application of any person interested or local authority: Provided that no correction which is likely
to affect prejudicially any person shall be made unless such person has been given a reasonable
opportunity of making representation in the matter.

(2) The Collector shall give immediate notice of any correction made in the award so corrected to
all the persons interested.

(3) Where any excess amount is proved to have been paid to any person as a result of the correction
made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the
case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate
Government.

POWERS OF COLLECTOR WITH RESPECT TO MAKING OF AWARDS

Section 34: Adjournment of Enquiry

The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry to a day to
be fixed by him.

Section 35: Power to summon and enforce attendance of witnesses and production of documents.–
For the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce
the attendance of witnesses, including the parties interested of any of them, and to compel the
production of documents by the same means, and (so far as may be) in the same manner as is
provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).

Section 36: Power to call for records, etc.

The appropriate Government may at any time before the award is made by the Collector under
section 30 call for any record of any proceedings (whether by way of inquiry or otherwise) for the
purpose of satisfying itself as to the legality or propriety of any findings or order passed or as to
the regularity of such proceedings and may pass such order or issue such direction in relation
thereto as it may think fit: Provided that the appropriate Government shall not pass or issue any
order or direction prejudicial to any person without affording such person a reasonable opportunity
of being heard.

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FINALITY OF COLLECTOR’S AWARD

Section 37: Awards of Collector when to be Final

(1) The Awards shall be filed in the Collector’s office and shall, except as hereinafter provided, be
final and conclusive evidence, as between the Collector and the persons interested, whether they
have respectively appeared before the Collector or not, of the true area and market value of the
land and the assets attached thereto, solatium so determined and the apportionment of the
compensation among the persons interested.

(2) The Collector shall give immediate notice of his awards to such of the persons interested who
are not present personally or through their representatives when the awards are made.

(3) The Collector shall keep open to the public and display a summary of the entire proceedings
undertaken in a case of acquisition of land including the amount of compensation awarded to each
individual along with details of the land finally acquired under this Act on the website created for
this purpose.

Section 38: Power to take possession of land to be acquired

(1) The Collector shall take possession of land after ensuring that full payment of compensation
as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons
within a period of three months for the compensation and a period of six months for the monetary
part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing
from the date of the award made under section 30:

Provided that the components of the Rehabilitation and Resettlement Package in the Second and
Third Schedules that relate to infrastructural entitlements shall be provided within a period of
eighteen months from the date of the award: Provided further that in case of acquisition of land for
irrigation or hydel project, being a public purpose, the rehabilitation and resettlement shall be
completed six months prior to submergence of the lands acquired.

(2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process
is completed in all its aspects before displacing the affected families.

Section 39: Additional compensation in case of multiple displacements

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The Collector shall, as far as possible, not displace any family which has already been displaced
by the appropriate Government for the purpose of acquisition under the provisions of this Act, and
if so displaced, shall pay an additional compensation equivalent to that of the compensation
determined under this Act for the second or successive displacements.

PROCEDURE IN CASE OF URGENCY TO ACQUIRE LAND

Section 40: Special powers in case of urgency to acquire land in certain cases

(1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no
such award has been made, may, on the expiration of thirty days from the publication of the notice
mentioned in section 21, take possession of any land needed for a public purpose and such land
shall thereupon vest absolutely in the Government, free from all encumbrances.

(2) The powers of the appropriate Government under sub-section (1) shall be restricted to the
minimum area required for the defence of India or national security or for any emergencies arising
out of natural calamities or any other emergency with the approval of Parliament

Provided that the Collector shall not take possession of any building or part of a building under
this sub-section without giving to the occupier thereof at least forty-eight hours notice of his
intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier
to remove his movable property from such building without unnecessary inconvenience.

(3) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector
shall tender payment of eighty per cent. of the compensation for such land as estimated by him to
the person interested entitled thereto.

(4) In the case of any land to which, in the opinion of the appropriate Government, the provisions
of sub-section (1), sub-section (2) or sub-section (3) are applicable, the appropriate Government
may direct that any or all of the provisions of Chapter II to Chapter VI shall not apply, and, if it
does so direct, a declaration may be made under section 19 in respect of the land at any time after
the date of the publication of the preliminary notification under sub-section (1) of section 11.

(5) An additional compensation of seventy-five per cent. of the total compensation as determined
under section 27, shall be paid by the Collector in respect of land and property for acquisition of
which proceedings have been initiated under sub-section (1) of this section:

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Provided that no additional compensation will be required to be paid in case the project is one that
affects the sovereignty and integrity of India, the security and strategic interests of the State or
relations with foreign States.

CONCLUSION

The Rehabilitation and Resettlement award under the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, represents a
critical step in addressing the complex issues surrounding land acquisition in India. By providing
fair compensation and rehabilitation measures, it seeks to balance the need for development with
the protection of the rights and livelihoods of those affected.

While the R&R award is a commendable initiative, its successful implementation and impact
depend on addressing the challenges and criticisms it has faced. Ensuring transparency, preventing
delays, and addressing the ambiguities in the Act are crucial steps towards making the R&R award
more effective in safeguarding the interests of affected individuals and communities. Ultimately,
the success of the R&R award is pivotal to achieving a just and equitable balance between
development and the rights of the people of India.

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BIBLIOGRAPHY
• P.S. Khurana, A Treatise on land Laws in Punjab & Haryana 75 (Shree Ram Law House,
Chandigarh)
• The Land Acquisition Act, 2013 available at https://blog.ipleaders.in (last visited on 5th
November, 2023)
• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Act 30 of 2013)

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