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VOL. 11, ISSUE 11 (2025)
The Shift from the Land Acquisition Act, 1894, to the RFCTLARR Act, 2013
Authors
Sai Swethaa R
Abstract
The Land Acquisition Act, 1894, was a colonial-era legislation that was
criticised for being exploitative, state-centric, arbitrary procedures and
inadequate compensation to landowners.it became synonymous with injustice and
displacement. It was replaced by the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act (RFCTLARR
Act), aiming to be more people-centric and erase coercive procedures. It was
sought to correct this historical injustice by embedding principles of
transparency, consent and participatory justice. It introduced the key
provisions such as Social Impact Assessment (SIA), prior consent of the land
owners, compensation up to 4 times the market value and mandatory
rehabilitation and resettlement, as the name of the Act itself states. The new
Act redefines ‘public purpose’, ‘affected person’, etc. The paper critically
analyses the shift from the 1894 Act to the 2013 Act and whether the 2013 Act
has truly ensured fair procedures, compensation, consent of the affected person
and complied with Social Impact Assessment (SIA) while also concentrating on
rehabilitation and resettlement of the people. It evaluates the extent to which
the Act balances the developmental needs of the nation with the protection of
citizens’ constitutional right to property. The study concludes that while the
2013 Act represents a paradigm shift from coercive acquisition to a
rights-based approach, ensuring its success demands consistent policy
commitment, judicial vigilance, and participatory governance at all levels.
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Pages:58-64
How to cite this article:
Sai Swethaa R "The Shift from the Land Acquisition Act, 1894, to the RFCTLARR Act, 2013". International Journal of Law, Vol 11, Issue 11, 2025, Pages 58-64
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