Abstract

The current study provides an in-depth comparative study of the Land Acquisition Act of 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, also known as LARR Act, 2013. The research is based on the shift of the laws of land acquisition in India, associated with the colonial hertigate of arbitrariness and inappropriate compensation to the advanced, rights-based legislation. When the Act of 1894 came into operation, more than a century ago, it did not contain any protection to the landowners, displaced persons especially in aspects of adequate compensation, rehabilitation, and transparency. Rapid urbanisation and development of infrastructure have brought a lot of disharmony to the forefront due to misuse of the emergency provisions and lack of a consent mechanism, with major unrest being witnessed in areas such as Singur and Nandigram. Due to the increasing calls on equity, the LARR Act, 2013 was passed to cater to such historical injustices. The Act of 2013 came up with numerous radical provisions, such as the affirmative consent of the families that will be affected, the Social Impact Assessment, and the increased compensation mechanism where the land in the rural setting can be valued up to four times the market value. The act also offers such benefits as rehabilitation and resettlement not only to the title-holders but also to the informal settlers and dependants on livelihoods. This paper discusses how the reforms have transformed the land governance system that was based on coercion in land acquisition to participatory land governance that is in tandem with the values of constitutional and human dignity. It also explores the issue of implementation problems and state variance, have made the act subject to disparities in law and procedure. The Act also influences the Public Sector Understandings (PSUs) and the effect of its adherence is also discussed and given an example of how it has changed the land acquisition process in the energy, transportation and hydrocarbon sector. Although a new standard on equitable development has been established under the LARR Act, 2013, the study has concluded that the continued institutional sponsorship and equal application are requirements to achieve its transformative power.

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