The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

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Alongwith
• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
   Resettlement (Social Impact Assessment and Consent) Rules, 2014
• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
   Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan)
   Rules, 2015 & Latest Order and Notifications
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Description
Chakraborty's commentary on "Right to Fir Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013", Fifth Edition was appreciated by the readers. In this Sixth Edition, a thorough probe into the various aspects of Act has been made bringing out the loop-holes and the success achieved in seeking to handle the cases of land acquisition. It is an analytical, critical and comparative study of the totality of case-law on Land Acquisition Act. This edition contains up-to-date Rules, Orders and Notifications and case-law. Efforts have been made to see that no material is left out on law relating to land acquisition.
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Contents
Part I
Birds Eye View of the Act
Introduction
Part II
Right to Fair Compensation and Transparency In Land Acquisition, Rehabilitation and
Resettlement Act, 2013
Preamble
Chapter I. Preliminary
1.   Short title, extent and commencement
2.   Application of Act
3.    Definitions
Chapter II. Determination of Social Impact and Public Purpose
  A. Preliminary Investigation For Determination of Social Impact and Public Purpose
4.   Preparation of Social Impact Assessment Study
5.   Public hearing for Social Impact Assessment
6.   Publication of Social Impact Assessment study
B. Appraisal of Social Impact Assessment Report by an Expert Group
7.   Appraisal of Social Impact Assessment Report by an Expert Group
8.   Examination of proposals for land acquisition and Social Impact Assessment report
       by appropriate Government
9.   Exemption from Social Impact Assessment
Chapter III. Special Provision to Safeguard Food Security
10.  Special provision to safeguard food security.
Chapter IV. Notification and Acquisition
11.   Publication of preliminary notification and power of officers thereupon
12.   Preliminary survey of land and power of officers to carry out survey
13.   Payment  for damage
14.   Lapse of Social Impact Assessment report
15.   Hearing of objections
16.   Preparation of Rehabilitation and Resettlement Scheme by the Administrator
17.   Review of the Rehabilitation and Resettlement Scheme
18.   Approved Rehabilitation and Resettlement Scheme to be made public
19.   Publication of declaration and summary of Rehabilitation and Resettlement
20.   Land to be marked out, measured and planned including marking of specific area.
21.   Notice to persons interested
22.   Power to require and enforce the making of statements as to names and interests
23.   Enquiry and land acquisition award by Collector.
24.   Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in
       certain cases
25.  Period within which an award shall be made
26.  Determination of market value of land by Collector
27.  Determination of amount of compensation
28.  Parameters to be considered by Collector in determination of award
29.  Determination of value of things attached to land or building
30.   Award of solatium
Chapter V. Rehabilitation and Resettlement Award
31.  Rehabilitation and Resettlement Award for affected families by Collector
32.  Provision of infrastructural amenities in resettlement area
33.   Corrections to awards by Collector
34.  Adjournment of enquiry
35.   Power to summon and enforce attendance of witnesses and production of documents
36.   Power to call for records, etc
37.   Awards of Collector when to be final
38.   Power to take possession of land to be acquired
39.   Additional compensation in case of multiple displacements
40.   Special powers in case of urgency to acquire land in certain cases
41.   Special provisions for Scheduled Castes and Scheduled Tribes
42.   Reservation and other benefits
Chapter VI. Procedure and Manner of Rehabilitation and Resettlement
43.   Appointment of Administrator
44.   Commissioner for Rehabilitation and Resettlement
45.   Rehabilitation and Resettlement Committee at project level
46.   Provisions relating to rehabilitation and resettlement to apply in case of
        certain persons other than specified persons
47.   Quantification and deposit of rehabilitation and resettlement amount
Chapter VII. National Monitoring Committee for Rehabilitation and Resettlement
48.   Establishment of National Monitoring Committee for rehabilitation and resettlement
49.   Reporting requirements.
50.   Establishment of State Monitoring Committee for rehabilitation and resettlement
Chapter VIII. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
51.   Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
52.   Composition of Authority
53.   Qualifications for appointment as Presiding Officer
54.   Terms of office of Presiding Officer
55.   Staff of Authority
56.   Salary and allowances and other terms and conditions of service of Presiding Officers
57.   Filling up of vacancies
58.   Resignation and removal
59.   Orders constituting Authority to be final and not to invalidate its proceedings
60.   Powers of Authority and procedure before it
61.   Proceedings before Authority to be judicial proceedings
62.   Members and officers of Authority to be public servants
63.   Jurisdiction of civil courts barred
64.   Reference to Authority
65.   Collectors statement to Authority
66.   Service of notice by Authority
67.   Restriction on scope of proceeding
68.   Proceedings to be in public
69.   Determination of award by Authority
70.   Form  of award
71.   Costs
72.   Collector may be directed to pay interest on excess compensation
73.   Re-determination of amount of compensation on the basis of the award of the Authority
74.   Appeal to High Court
Chapter IX. Apportionment of Compensation
75.   Particulars of apportionment to be specified
76.   Dispute as to apportionment
Chapter X. Payment
77.   Payment of compensation or deposit of same in Authority
78.   Investment of money deposited in respect of lands belonging to person incompetent to alienate
79.   Investment of money deposited in other cases
80.   Payment of interest
Chapter XI. Temporary Occupation of Land
81.   Temporary occupation of waste or arable land, procedure when difference as to compensation exists
82.   Power to enter and take possession and compensation on restoration
83.   Difference as to condition of land
Chapter XII. Offences and Penalties
84.   Punishment for false information, mala fide action, etc
85.   Penalty for contravention of provisions of Act
86.   Offences by companies
87.   Offences by Government departments
88.   Cognizance of offences by court
89.   Offences to be non-cognizable
90.   Offences to be cognizable only on complaint filed by certain persons
Chapter XIII. Miscellaneous
91.   Magistrate to enforce surrender
92.   Service of notice
93.   Completion of acquisition not compulsory, but compensation to be awarded when not completed
94.   Acquisition of part of house or building
95.   Acquisition of land at cost of a local authority or Requiring Body
96.   Exemption from income-tax, stamp duty and fees
97.   Acceptance of certified copy as evidence
98.   Notice in case of suits for anything done in pursuance of Act
99.   No change of purpose to be allowed
100.   No change of ownership without permission to be allowed
101.   Return of unutilised land
102.   Difference in price of land when transferred  for higher consideration to be shared
103.   Provisions to be in addition to existing laws.
104.   Option of appropriate Government to lease..
105.   Provisions of this Act not to apply in certain cases or to apply with certain modifications
106.   Power to amend Schedule
107.   Power of State Legislatures to enact any law more beneficial to affected families
108.   Option to affected families to avail better compensation and rehabilitation and resettlement
109.   Power of appropriate Government to make rules
110.   Rules  made  by  Central  Government  to  be  laid  before Parliament
111.   Rules made by State Government to be laid before State Legislature
112.   Previous publication of rules made by Central and State Government
113.   Power to remove difficulties
114.   Repeal  and  saving
The First Schedule
The Second Schedule
The Third Schedule
The Fourth Schedule
PART III. CENTRAL RULES, ORDER AND NATIONAL REHABILITATION & RESETTLEMENT POLICY
Appendices
1. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
     and Resettlement (Social Impact Assessment and Consent) Rules, 2014
2. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
      and Resettlement (Compensation, Rehabilitation and Resettlement and
      Development Plan) Rules, 2015
3. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
     and Resettlement (Removal of Difficulties) Order, 2015
4. The National Rehabilitation and Resettlement Policy, 2007
PART IV. NOTIFICATIONS
Notifications
1. Harmonized List of Infrastructure Sub-sectors and Institutional Mechanism for its Updation
2. Limit for Acquisition of Irrigated Multi-Cropped Land
3. Limit for Acquisition of Net Sown Area
4. Limits for Purchase of Land-Areawise
5. Multiplier for Purchase of Land in Rural Areas
Subject Index
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Author Details
R. Chakraborty, Working as an associate with the office of A.P. & J Chambers, Supreme Court of lndia., Handling cases relating to Recovery due to banks etc, Contractual & Negotiable Instruments matters, Consumer disputes, Labour & Industrial Disputes, Land acquisitions and other miscellaneous cases of Copyright & Patents infringement in the High Court and other related Tribunals, Drafting of various cases up to final stage & court appearances, Liasioning with various Govt. Depts., Handling legal research & preparing drafts, summaries and agreements.  Handling IT-enabled official functions. Knowledge of administrative court procedures, rules of evidence & trial practices, Worked as an intern with the office of Mr. Vinod Swaroop, Senior Advocates (Additional Advocate General of Uttar Pradesh)
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