Introduction
The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 regulates land acquisition, compensation, rehabilitation, and resettlement for persons affected by government acquisition of land in India. The law aims to ensure fair compensation and transparency while protecting the rights of landowners, families, and displaced persons.
The Act provides remedies for persons who are dissatisfied with compensation amounts, land measurements, rehabilitation benefits, or distribution of compensation among interested parties.
When Can A Person File A Complaint Or Objection Under The Act?
A person may seek legal remedy under the Act if there is dissatisfaction regarding the compensation award, incorrect land measurement, improper valuation of property, denial of rehabilitation and resettlement benefits, or unfair apportionment of compensation among landowners or family members.
The affected person may also raise objections if acquisition procedures were not properly followed or if statutory benefits under the Act were denied.
Where Must The Application Be Filed?
The affected landowner or interested person must submit a written application before the District Collector of the district where the acquired land is situated. In Kerala, such matters are generally handled through the District Collector and Land Acquisition authorities functioning under the Revenue Department.
For matters relating to land situated in district, the application is generally submitted before the District Collector or competent Land Acquisition Officer having jurisdiction over the area.
What Is The Time Limit For Filing Objections?
The application challenging the award or compensation must generally be filed within six weeks from the date of the award if the person was present during the award proceedings.
If the person was not present at the time of the award, the application may usually be filed within six weeks from the date of receiving notice of the award or within six months from the date of the award, whichever period expires earlier.
What Should Be Mentioned In The Application?
The written application should clearly mention the grounds of objection. The applicant should explain whether the dispute relates to low compensation, incorrect survey measurements, denial of rehabilitation benefits, improper classification of land, or wrongful distribution of compensation.
The application should also contain details such as survey number, extent of land, village details, award number, and particulars of the acquisition proceedings.
What Documents Are Generally Required?
The applicant should attach copies of relevant land and compensation documents along with the application. These documents may include ownership records, title deeds, award copy, land tax receipts, identity proof, survey details, and rehabilitation documents if applicable.
If the dispute concerns rehabilitation and resettlement benefits, the applicant may also provide documents relating to livelihood loss, displacement, or dependency on the acquired land.
What Happens After Filing The Application?
After receiving the objection application, the Collector may refer the dispute to the competent Land Acquisition Authority or adjudicating authority for determination of fair compensation and related issues.
The authority examines the records, hears the affected parties, and decides questions relating to compensation, rehabilitation benefits, apportionment, and land valuation.
The proceedings may involve documentary evidence, valuation materials, and submissions from both the landowner and the acquiring authority.
Can The Decision Be Challenged Further?
If a person remains dissatisfied with the decision of the authority, an appeal may be filed before the appropriate High Court subject to the procedure and limitation prescribed under law.
In certain cases, affected parties may also approach the High Court through writ proceedings if there is unlawful delay, procedural irregularity, or violation of statutory rights during the acquisition process.
Conclusion
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was enacted to balance development needs with the protection of landowners and affected families. The law introduced stricter safeguards relating to compensation, consent, social impact assessment, and rehabilitation.
The Act also strengthened procedural transparency and created legal remedies for persons affected by compulsory acquisition of land by the government or acquiring authorities.
