Introduction
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 introduced strong safeguards for landowners and affected families. Section 2(2) of the Act sets clear conditions for land acquisition in private projects and public-private partnership projects. It makes prior consent from affected families a legal requirement. This provision aims to prevent forced displacement and ensures that landowners have a meaningful role in the process.
Consent Requirements for Private Projects
The 2013 Act requires private companies to obtain the consent of at least 80 percent of affected families before land acquisition. In the case of public-private partnership projects, the law mandates at least 70 percent consent. This provision makes it clear that no large-scale private development can take place unless a significant majority of those impacted agree. Consent is not a mere formality. It must be collected through a structured process that involves consultation, awareness, and informed decision-making by affected families.
The law provides that consent must be obtained in writing. The process must also be transparent and overseen by designated authorities. Families cannot be pressured or misled, and public hearings must be held to ensure that people understand the implications. By enforcing such consent rules, the Act ensures that acquisition for private gain aligns with public participation and fairness.
Public Purpose and Legal Safeguards
The law does not allow land acquisition for private companies unless the project serves a defined public purpose. Section 2(2) makes public purpose the central requirement. This includes infrastructure projects, industrial corridors, affordable housing, and projects that serve community or social welfare needs. The law blocks acquisitions for purely commercial profit without wider benefits.
To strengthen fairness, the Act also requires a Social Impact Assessment. This assessment evaluates the likely effect of the project on livelihoods, environment, and local communities. The report of the assessment must be published and discussed in public hearings. The involvement of local self-government institutions adds another layer of accountability. By doing so, the Act ensures that people know the real consequences of land acquisition before they give their consent.
Compensation, Rehabilitation, and Resettlement
The Act makes compensation central to the land acquisition process. Families affected by private projects must receive fair compensation, calculated on the basis of market value. For rural areas, compensation can be up to four times the market value. For urban areas, it can be up to twice the market value. In addition to this, families receive solatium, which is an additional 100 percent of the compensation to recognize the involuntary nature of displacement.
Rehabilitation and resettlement packages are also compulsory. These include housing benefits, allowances for transportation, financial support for loss of livelihood, and other forms of assistance. The aim is not only to provide money but also to ensure that affected families can rebuild their lives with dignity. If a private company acquires land through direct purchase and the extent exceeds a notified limit, the responsibility of providing rehabilitation and resettlement applies to the entire acquired area. This prevents companies from avoiding their obligations by using private deals.
Legal Basis and Policy Intent
The inclusion of Section 2(2) in the 2013 Act marked a major policy shift. Earlier land acquisition laws allowed governments and private entities to take land with little regard for the views of affected families. The new law responded to strong public opposition and landmark protests, such as those seen in Singur and Nandigram, where farmers resisted forced acquisition. By requiring high levels of consent, lawmakers aimed to reduce conflicts and promote trust.
The provision recognizes that land is more than a financial asset. It is tied to livelihood, culture, and identity. Requiring 70 to 80 percent consent gives affected communities a collective voice and bargaining power. It also ensures that acquisition becomes possible only when a significant majority is convinced of its benefits.
Broader Importance of Consent
The consent requirement reflects India’s move toward a more participatory and rights-based approach to development. It empowers families who often stand to lose the most in the name of progress. At the same time, it makes private companies more responsible. Developers must engage with local people, explain the project’s benefits, and negotiate fair terms. This process reduces the chances of unrest, litigation, and delays. It also balances the need for economic growth with the protection of citizens’ rights.
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Conclusion
Section 2(2) of the 2013 Land Acquisition Act ensures that private projects cannot proceed without the consent of affected families. It makes large-scale land acquisition conditional on transparency, consultation, and fair compensation. The law places community rights at the center of development planning. By linking acquisition with consent, compensation, and rehabilitation, the Act creates a framework that respects both economic progress and human dignity.
