Introduction
Land acquisition in India often creates conflict between development goals and the rights of affected families. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) attempted to resolve this tension. One of its most debated features is the “consent clause” in Section 2(2). This provision requires a large majority of affected families to agree before land can be acquired for private or Public-Private Partnership (PPP) projects. By setting a consent threshold of 70% for PPP projects and 80% for private projects, the Act ensures that land acquisition cannot proceed without meaningful community participation.
The Consent Requirement
Section 2(2) of the 2013 Act makes consent central to land acquisition for non-governmental projects. If the project falls under a PPPland acquisition model, the government must obtain the consent of at least 70% of affected families before proceeding. For purely private projects, the law requires 80% consent. In contrast, when the government alone undertakes the project, no such consent threshold applies. This distinction shows that Parliament intended to provide greater protection when private parties are direct beneficiaries of land acquisition.
Who Counts as Affected Families
The Act adopts a broad definition of “affected families.” It includes landowners whose plots are being acquired, but it does not stop there. Families who lose livelihood due to acquisition, such as agricultural laborers, tenants, or artisans dependent on that land, also qualify. Section 3(c) of the Act clarifies that the term covers anyone whose survival or livelihood gets disrupted by acquisition. This inclusive approach ensures that the law protects both direct landowners and those indirectly tied to the land.
Process of Obtaining Consent
The consent process under the 2013 Act is designed to be participatory and transparent. Consent must be obtained through a government-prescribed procedure, usually alongside a Social Impact Assessment (SIA). The SIA identifies how the project will affect families, local economy, and environment. Only after completing this study can officials begin gathering consent. Families express consent or dissent formally, and the results are recorded in writing. This process must be completed before the government issues any notification or begins actual acquisition. By linking consent with social impact assessment, the Act ensures that communities make informed decisions.
Rationale Behind the Consent Clause
The consent clause reflects a strong shift from the earlier 1894 Act, which allowed the state to acquire land without consulting the people. The 2013 law acknowledges that forced acquisition destroys trust and leads to resistance movements. By making 70% or 80% consent mandatory, Parliament tried to strike a balance between development needs and the rights of local families. The thresholds are intended to create a democratic safeguard, ensuring that projects cannot move ahead without genuine support from a large majority of affected people. However, the law does not explain why exactly 70% and 80% were chosen. Many scholars suggest that these figures were political compromises, high enough to prevent token consent but low enough to make acquisition feasible.
Exemptions and Amendments
Although the consent clause is powerful, later amendments and notifications have carved out exemptions. Projects related to national security, defence, and rural infrastructure often bypass the consent requirement. Affordable housing schemes, industrial corridors, and certain PPP projects where the government already owns the land may also be exempt. These carve-outs reflect the state’s attempt to accelerate strategic or public-interest projects while still maintaining the broader principle of consent in other cases. Critics argue that too many exemptions dilute the spirit of the 2013 Act, but courts have often upheld the legitimacy of consent as a binding requirement in most acquisitions.
Implications
In practice, the consent clause has slowed down some projects but also improved transparency. Families now demand detailed rehabilitation and compensation packages before giving consent. Companies and governments are forced to engage with local stakeholders rather than imposing decisions unilaterally. This dialogue reduces conflict and creates more sustainable outcomes. However, project proponents often complain that obtaining 70% or 80% consent is difficult, especially when communities remain divided. The provision therefore continues to spark debate between advocates of rapid industrial growth and defenders of community rights.
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Conclusion
The consent clause in Section 2(2) of the LARR Act, 2013 represents a major reform in India’s land acquisition law. By requiring 70% consent for PPP projects and 80% for private projects, the Act shifts power to affected families. The provision recognizes that land is not just an economic asset but a source of livelihood and identity. While exemptions exist for certain categories, the core principle remains: no large-scale private or PPP acquisition can take place without substantial local support. This rule strengthens transparency, reduces forced displacement, and fosters a more democratic approach to development.
