Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
Module 2 part 1
SECTIONS 3- DEFINITIONS
Sec. 3. Definition.
(a) Administrator means an officer appointed for
the purpose of rehabilitation and resettlement of
affected families
(b) affected area means such area as may be
notified by the appropriate Government for the
purposes of land acquisition
(c) affected family includes (i) a family whose land
or other immovable property has been acquired
Definition of public purpose
Section 2(1) of the Act defines the following as public purpose for
land acquisition within India: -
For strategic purposes relating to naval, military, air force, and armed
forces of the Union, including central paramilitary forces or any work
vital to national security or defence of India or State police, safety of
the people; or
For infrastructure projects, which includes the following,
namely:..
Project for project affected families;
Project for housing, or such income groups, as may be specified from
time to time by the appropriate Government;
Project for planned development or the improvement of village sites
or any site in the urban areas or provision of land for residential
purposes for the weaker sections in rural and urban areas;
Project for residential purposes to the poor or landless or to persons
residing in areas affected by natural calamities, or to persons
displaced or affected by reason of the implementation of any scheme
undertaken by the Government, any local authority or a corporation
owned or controlled by the State.
Definition of 'land owner'
person whose name is recorded as the owner of the land or building
or part thereof, in the records of the authority concerned; or
person who is granted forest rights under The Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 or under any other law for the time being in force; or
Person who is entitled to be granted Patta* rights on the land under
any law of the State including assigned lands; or
any person who has been declared as such by an order of the court or
Authority;
* A patta is a legal document issued by the government to the actual
owner of a particular plot of land. Patta or record of rights (RoR)
Market value ???
The market value of the proposed land to be acquired, shall be
set as the higher of:
the minimum land value, if any, specified in the Indian Stamp Act,
1899 for the registration of sale deeds in the area, where the
land is situated; or
the average of the sale price for similar type of land being
acquired, ascertained from the highest fifty per cent of the sale
deeds registered during the preceding three years in the nearest
village or nearest vicinity of the land being acquired.; or
the consented amount in case the land is acquired for private
companies or public-private partnership projects.
(u) market value- means the value of land
determined in accordance with section 26;
Sec. 26. Determination of market value of land by Collector: -
(1) The Collector shall adopt the following criteria in
assessing and determining the market value of the land,
namely:
(a) the market value, if any, specified in the Indian Stamp
Act, 1899 (2 of 1899) for the registration of sale deeds or
agreements to sell, as the case may be, in the area, where
the land is situated; or
(b) the average sale price for similar type of land
situated in the nearest village or nearest vicinity area;
or
(c) consented amount of compensation as agreed
upon under sub-section (2) of section 2 in case of
acquisition of lands for private companies or for public
private partnership projects, whichever is higher:
Explanation 1.The average sale price shall be
determined taking into account the sale deeds or the
agreements to sell registered for similar type of area
in the near village or near vicinity area during
immediately preceding three years of the year in
which such acquisition of land is proposed to be made
Explanation 2.For determining the average sale
price, one-half of the total number of sale deeds or
the agreements to sell in which the highest sale price
has been mentioned shall be taken into account.
Explanation 3.While determining the market value
under this section and the average sale price -any
price paid as compensation for land acquired under
the provisions of this Act on an earlier occasion in the
district shall not be taken into consideration.
Explanation 4.While determining the market value
under this section and the average sale price referred
to, any price paid, which in the opinion of the
Collector is not indicative of actual prevailing market
value may be discounted for the purposes of
calculating market value.
