Report on “Implementation and Effectiveness of the RFCTLARR Act, 2013”

• The Standing Committee on Rural Development and Panchayati Raj released a report on the implementation and effectiveness of the RFCTLARR Act, 2013.
• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) governs land acquisition, rehabilitation, and resettlement in India.
• The report evaluates how effectively the Act has been implemented across states and union territories.

Key Issues / Observations

Faulty Implementation in Scheduled Areas

1. Violations occur in Scheduled Areas despite statutory safeguards.
   • Scheduled Areas are regions with a significant tribal population requiring special protections under the Constitution.
2. Issues include undervaluation of land.
3. Gram Sabha consultations are often superficial.
4. Vulnerable groups are frequently excluded from the consultation process.

Non-Compliance with PESA Rules

1. The Provisions of the PESA Act regarding consultation are not strictly followed in Scheduled Areas.
2. PESA refers to the Panchayats (Extension to Scheduled Areas) Act, 1996, which mandates local self-governance and consultation for development projects.

Violation of Forest Rights Act (FRA)

1. Forest land is acquired without settling customary forest rights.
2. The Forest Rights Act (FRA), 2006 recognizes the rights of forest-dwelling communities over land and resources.

Superficial Assessments (SIA/EIA)

1. Social Impact Assessments (SIA) and Environmental Impact Assessments (EIA) are sometimes carried out merely as formalities.
2. Reports are often pre-designed to favor land acquisition.
3. SIA evaluates the social consequences of a project, while EIA assesses environmental effects.

Failure of National Monitoring Committee (NMC)

1. The National Monitoring Committee (NMC) has failed to quell discontent in large projects.
   • Examples include the Ken-Betwa and Polavaram projects.
2. NMC is responsible for monitoring compliance with RFCTLARR provisions.

Land Classification Manipulation

1. Rural or Greenfield land is sometimes reclassified as urban or Brownfield.
2. Greenfield land refers to undeveloped land, while Brownfield land refers to previously developed or urbanized land.
3. Such reclassification reduces compensation liabilities for project developers.

Failure to Establish Authorities

1. Many states and union territories have failed to establish the Land Acquisition, Rehabilitation & Resettlement Authority mandated under the RFCTLARR Act, 2013.
2. These authorities are meant to adjudicate disputes and oversee rehabilitation processes.

Committee Recommendations

Strengthening Role of Gram Sabha

1. Gram Sabha consent should be made mandatory for all land acquisitions.
2. Gram Sabha should have the power to veto proposals contrary to local development plans or community interests.
3. This empowers local communities to influence land acquisition decisions.

Codified Consent in Scheduled Areas

1. The LARR Act should be aligned with PESA to codify mandatory Gram Sabha consent in Scheduled Areas.
2. This ensures statutory protection for tribal and vulnerable communities.

Integration of LARR and FRA

1. Loss of customary forest rights must be treated as economic displacement requiring full rehabilitation.
2. Economic displacement refers to the loss of livelihood or productive resources due to development projects.

Strict Guideline Adherence

1. The Department of Land Resources must ensure both EIA and SIA are strictly followed.
2. This is necessary to effectively mitigate adverse environmental and social impacts.

Basin-Wide Assessment

1. Projects should begin with a single integrated “basin-to-basin” SIA.
2. The NMC must be structurally strengthened to actively intervene, set timelines, and host a centralized grievance portal.

Central Monitoring of Land Classification

1. A dedicated Central Monitoring and Grievance Redressal Mechanism should oversee land classification processes.
2. Detailed disclosures must be mandated for boundary changes.
3. Officials involved in unauthorized land classification manipulations should be penalized.

Proactive State Coordination

1. The Ministry of Rural Development should coordinate proactively with state governments.
2. This ensures timely notification and operationalization of Land Acquisition, Rehabilitation & Resettlement authorities.