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The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013 or LARR Act [1] or RFCTLARR Act [2]) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected persons in India.
The Twenty-fifth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fifth Amendment) Act, 1971, curtailed the fundamental right to property, and permitted the acquisition of private property by the government for public use, on the payment of compensation which would be determined by the Parliament and not the courts. [1]
[4] The new law, also has some serious shortcomings as regards its provisions for socioeconomic impact assessment and it has also bypassed the constitutional local self governments by not recognizing them as "appropriate governments" in matters of land acquisition. [5] The 2013 LARR Act becoming applicable across India, from 1 January 2014.
Land Law addresses the legal mandates set forth by a country in regards to land ownership, while land rights refer to the social acceptance of land ownership. Landesa takes the stance that although the law may advocate for equal access to land, land rights in certain countries and cultures may hinder a group's right to actually own land. [ 2 ]
The "right to life" guaranteed under Article 21 [i] has been expanded to include a number of human rights, including: [4] the right to a speedy trial; [126] the right to water; [127] the right to earn a livelihood, the right to health, and; the right to education. [128]
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 S The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
"immovable property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of the land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.
The right to life under Article 21 of the Constitution of India includes the right to livelihood. Mohini Jain v. State of Karnataka [33] 1992 Established right to education as an integral part of the right to life guaranteed under Article 21. Indra Sawhney & Others v. Union of India [34] 1992 Upheld that caste was an acceptable indicator of ...