Bought house in a land acquisition zone? Here's what the law says
(File photo) Who qualifies as an 'affected family'? What must the government do? How is compensation calculated? What happens if you lose your house? What
(File photo) Who qualifies as an 'affected family'? What must the government do? How is compensation calculated? What happens if you lose your house? What facilities must the rehabilitation site provide? Can you challenge the compensation amount? Buying a house or plot of land only to later discover that it falls within a government acquisition zone can be a stressful experience.When the government acquires land for public projects such as roads, railways, industrial corridors or urban development, homeowners and residents often have questions about their rights and compensation. Will they lose their homes? How much compensation will they receive? Will they be provided with alternative housing or rehabilitation?The answers lie in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act), the law that governs land acquisition in India.The law aims to balance the country's development needs with the rights of landowners and affected families by providing clear rules on compensation, rehabilitation and resettlement.
Here's a look at what the law says if your house or land falls within an acquisition zone.The law defines an "affected family" broadly. It covers not only people whose land, house or other immovable property is acquired, but also agricultural labourers, tenants, sharecroppers and artisans who have been dependent on the affected area for their livelihood for at least three years before the acquisition.Families residing in urban areas for three years or more before the acquisition are also considered affected and are entitled to rehabilitation and resettlement benefits under the Act.Before any land acquisition can proceed, the government is required to issue a preliminary notification. This notification must be published in the Official Gazette, in two local newspapers, including one in the regional language, at the offices of the district collector and tehsil authorities, and on the official government website.Once the notification is issued, no further transactions involving the notified land are permitted.Under the law, compensation is based on the market value of similar land in the area.
The district collector determines this value using registered sale deeds from the preceding three years.For rural areas, the market value is multiplied by a factor of up to two, depending on the distance of the project site from urban centres.Over and above the market value, every affected landowner receives a solatium, an additional amount equivalent to 100 per cent of the total compensation, as recognition of the compulsory nature of the acquisition.If a house is lost in rural areas, the Act mandates provision of a constructed house as per PM Awas Yojana specifications.In rural areas, affected families are entitled to a constructed house based on specifications under the framework.In urban areas, displaced families must be provided with a constructed house with a minimum plinth area of 50 square metres.Families that choose not to accept a constructed house are entitled to one-time financial assistance of at least Rs 1.5 lakh for house construction.In addition, every displaced family is entitled to a monthly subsistence allowance of Rs 3,000 for one year from the date of the award, and a one-time transportation allowance of Rs 50,000.The law mandates that rehabilitation and resettlement colonies be equipped with basic infrastructure and civic amenities.These include roads, drainage systems, drinking water supply, electricity connections, schools, healthcare centres, Fair Price Shops and community centres.
The BriefWire