New Laws To Acquire Property 😱🔥| 7 Rules To Acquire Property | Rules & Laws For Property Acquisition

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New Laws To Acquire Property 😱🔥| 7 Rules To Acquire Property | Rules & Laws For Property Acquisition
In India, the primary legislation governing land acquisition is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (LARR Act). Here are the key features and provisions of the LARR Act:
Key Features of the LARR Act, 2013
Fair Compensation:
The Act ensures fair compensation for landowners and those affected by land acquisition.Compensation includes the market value of the land, plus solatium (an additional amount), and other payments for rehabilitation and resettlement.
Public Purpose:
Land can be acquired for public purposes such as infrastructure projects, urban development, industrial corridors, rural infrastructure, and more.The Act mandates a clear definition of "public purpose" to avoid misuse.
Consent Requirement:
For private projects, consent of at least 80% of the affected landowners is required.For public-private partnership (PPP) projects, consent of at least 70% of the affected landowners is needed.
Social Impact Assessment (SIA):
A Social Impact Assessment is mandatory for projects involving land acquisition. This assesses the impact on the local community, including the environment, livelihoods, and displacement.
Rehabilitation and Resettlement (R&R):
The Act includes detailed provisions for the rehabilitation and resettlement of affected families.R&R benefits include alternative land, housing, employment, or annuity, as well as infrastructure and social amenities in resettlement areas.
Transparency and Accountability:
The Act emphasizes transparency and accountability in the land acquisition process.Public hearings and consultations with affected families are mandatory.Detailed records of the acquisition process must be maintained and made available to the public.
Dispute Resolution:
The Act provides for the establishment of a Land Acquisition, Rehabilitation, and Resettlement Authority to address disputes related to land acquisition and compensation.
Return of Unused Land:
If the acquired land remains unused for five years, it must be returned to the original owners or their heirs.Process of Land Acquisition under the LARR Act
Preliminary Notification:
A preliminary notification is issued stating the intent to acquire land.A Social Impact Assessment (SIA) is conducted.
Public Consultation and Social Impact Assessment:
Public consultations are held with affected families.An SIA report is prepared and made public.
Expert Group Review:
An Expert Group reviews the SIA report and recommends whether the project should proceed.
Declaration and Compensation:
A declaration of the intended acquisition is made.Compensation is determined based on the market value, solatium, and other factors.
Rehabilitation and Resettlement Award:
A Rehabilitation and Resettlement award is declared, detailing the R&R benefits for affected families.
Possession and Implementation:
Land possession is taken only after compensation is paid and R&R provisions are implemented.Continuous monitoring and evaluation of R&R measures are conducted.Challenges and CriticismsImplementation Issues: Delays and administrative challenges in the implementation of the Act.Resistance from Landowners: Resistance from landowners and communities, particularly in cases of perceived inadequate compensation or lack of transparency.Balancing Development and Rights: Balancing developmental needs with the rights of landowners and affected communities remains a significant challenge.
The LARR Act, 2013 aims to make the land acquisition process more transparent, fair, and humane, addressing long-standing issues related to displacement and inadequate compensation. However, its implementation has faced challenges, requiring continuous efforts to improve and streamline the process.
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