Introduction &  Need for a new Act
  
      Land is a scarce natural resources
  
       Article  300  (A)  of  the  Constitution  says  no  person  can  be 
  deprived of his property save by authority of law. Land Acquisition 
  Act fulfils the constitutional obligation.
  
      LA Act 1894 was 120 year old.
  
         Absence  of  cohesive  national  law  that  address  fair 
  compensation, rehabilitation and resettlement to the land owner
  
       Absence  of  provision  to  address  the  issues    directly  affected 
  from the loss of livelihood
  
      Absence of proper mechanism for arriving market value of land
  
      Absence of provision for weaker sections of the society (Sec. 41)
  Salient features of RFCTLAR&R Act 2013
 First time provision of Social Impact Assessment Study for proposed 
  projects prior to Preliminary Notification.
 Recognize non owners as Affected Families like  Share  Croppers, 
  Tenants and Agricultural Labourers
 A mode of Acquisition requiring consent of displaced persons ( for 
  private companies 80% and for PPP projects 70%)
 Statutory  rehabilitation  and  resettlement  entitlements  for  the 
  project affected families
 Restricted the grounds on which land may be acquired under the 
  urgency clause
 Recognition of principle of Social cost minimisation
  Special Provision for food security U/S 10 of the Act.
 Return of land to Land Bank/Original Owners as per section 101 of 
  the Act.
   Important Provisions of the RFCTLAR&R Act 2013
  Activities                          Provision under  Timeline
                                      Section 
  Preparation of SIA                  Section 4            Within 6 months from Notification
  Preliminary Notification            Section 11           Within 1 year from submission of Expert 
                                                           Group Report and Specific proposal by 
                                                           Collector
  Declaration of Notification         Section 19           Within 1 Year from 11 Notification
  Notice to Persons interested        Section 21           Within 6 months 
  Enquiry and Award                   Section 23
  Power to take Possession            Section 38           Within 6 months after the payment of 
                                                           full compensation and R&R 
                                                           entitlements 
  Special Provisions for SCs and STs  Section 41
  Reference to LARR Authority         Section 64           With a period of 30 days from the date 
                                                           of receipt of application by the Collector
  Return of land to Land              Section 101          If the land is unutilized for a period of 5 
  Bank/Original Owners                                     year s from the date of taking over 
                                                           possession
   Difference between Old  and New Act
              OLD  ACT                              NEW ACT
  No    detailed    procedure      for  First Schedule contains the details 
  calculation of compensation. Only  of calculation of compensation
  market value taken into account.
  No separate chapter on R&R           A separate Chapter V on R&R.  It 
                                       provides      Rehabilitation     and 
                                       Resettlement  entitlements  to  the 
                                       displaced  and affected persons
  No separate provision for SCs and  Section      41   says    for  Special 
  STs                                  provision for SCs and STs
  No  such  special  Provision  for  Provision      for    ensuring    food 
  ensuring food security               security, U/S 10 of the Act.
   Difference between Old  and New Act
              OLD  ACT                           NEW ACT
  No concept of SIA Study             Under  Section  4  SIA  study  is 
                                      mandatory 
  Separate   provision   for  private  No  such  separate  provision  for 
  companies (Chapter VII)             private  companies.  Concept  of 
                                      Direct purchase under Section 46 
                                      and Sub section 3 of Section 2 of 
                                      the Act.
  The   procedure    for   acquisition  After  a  detail  SIA  study  and 
  involves  sending  of  notification  by  Expert Group Appraisal Collector 
  the District Collector and invitation  can send preliminary notification 
  of objection ( Section 4  & Section 5) under Section 11