MAY 2015

POINT
OUT
current legislatiVe
frameWorK for
land acQuisition
The 2013 Act brought in several
changes to the process of land
acquisition in the country. Firstly,
it increased the compensation
provided to land owners, from 1.3
times the price of land to 2 times
the price of land in urban areas,
and 2-4 times the price of land in
rural areas.
The 2013 Act brought in several
changes to the process of land
acquisition in the country.
Firstly, it increased the
compensation provided to land owners,
from 1.3 times the price of land to 2
times the price of land in urban areas,
and 2-4 times the price of land in rural
areas. Secondly, unlike the earlier Act
which did not provide rehabilitation
and resettlement, the 2013 Act provided
R&R to land owners as well as those
families which did not own land, but
were dependent on the land for their
livelihood. The Act permits states to
provide higher compensation and R&R.
Thirdly, unlike the previous Act,
it mandated that a Social Impact
Assessment be conducted for all
projects, except those for which land
was required urgently. An SIA assesses
certain aspects of the acquisition such
as whether the project serves a public
purpose, whether the minimum area
that is required is being acquired, and
the social impact of the acquisition.
Fourthly, it also mandated that the
consent of 80% of land owners be
obtained for private projects, and the
consent of 70% of land owners be
obtained for public-private partnership
projects. However, consent of land
owners is not required for government
projects. The 2013 Act also made
certain other changes to the process of
land acquisition, including prohibiting
the acquisition of irrigated multicropped
land, except in certain cases
where the limit may be specified by the
government.
16
maY 2015