Land Acquisition Act 2013 — Set 4

Correct Answer: B. Pending acquisitions where award was not made and possession not taken within 5 years also lapse

The retrospective application of the LARR Act 2013 means that even acquisitions initiated under the old 1894 Act will lapse if the award was not made and physical possession was not taken for 5 years prior to January 1, 2014. This provision benefited many farmers who were caught in long-pending acquisition proceedings. It also ensured that the progressive provisions of the 2013 Act could benefit a larger number of affected persons.

Correct Answer: B. The Collector uses the average sale price of highest priced transactions in the vicinity

Under the LARR Act 2013, when the market value based on registered sale deeds cannot be determined, the Collector must use the average sale price of the top 50% of registered sale transactions in the past 3 years in the adjoining area. This approach ensures that compensation is benchmarked to actual transaction prices and prevents undervaluation that was common under the old Act where the government often used artificially low circle rates.

Correct Answer: B. Full R&R benefits must be provided before possession is taken

Section 38 of the LARR Act 2013 provides that no person shall be displaced without receiving full Rehabilitation and Resettlement benefits. The R&R entitlements — house, employment/annuity, and other provisions — must be put in place and handed over to affected families before the government takes physical possession of the acquired land. This 'no displacement before R&R' principle was a major improvement over the 1894 Act.

Correct Answer: B. Resettlement sites must have basic amenities like roads, drainage, schools, health centers, and livelihood options

The LARR Act 2013's Second Schedule provides for a comprehensive list of infrastructure and amenities required to be provided at resettlement sites. These include approach road, drinking water supply, drainage, sanitation, playground, community center, health center, school, and electricity connections. These provisions ensure that displaced communities are resettled in a location with adequate quality of life, not just relocated to barren land.

Correct Answer: B. Affected families must be offered shares or equity in the project

Under the LARR Act 2013, where a project is set up after acquisition, the affected families must be offered shares or equity in the project, or preference in employment, as part of the R&R package. This innovative provision transforms displaced persons from victims of development into stakeholders in the project. The Third Schedule of the Act contains detailed provisions for R&R entitlements including this benefit-sharing arrangement.

Correct Answer: C. High Court

Appeals against orders of the LARRA (Land Acquisition, Rehabilitation and Resettlement Authority) under the LARR Act 2013 lie before the High Court having jurisdiction over the area. The LARRA functions as a specialized quasi-judicial tribunal and its decisions can be challenged before the High Court. Further appeals from the High Court can go to the Supreme Court through Special Leave Petition.

Correct Answer: C. R&R benefits including preference in employment, house, and rehabilitation grant

The LARR Act 2013 specifically includes agricultural laborers who have worked on the land for the preceding three years as 'affected families' entitled to R&R benefits. They receive a house if landless and homeless, preference in employment in the project, and a one-time rehabilitation assistance grant. This recognition of landless agricultural laborers as entitled beneficiaries was a significant progressive departure from the 1894 Act.

Correct Answer: B. Returned land cannot be re-acquired for the same purpose for which it was originally taken

Section 101 of the LARR Act 2013 provides that land returned to the original owner (when the project was not completed) cannot be re-acquired for the same purpose. This prevents governments from reacquiring the same land in a cyclical manner to avoid the stringent provisions of the Act. If the land needs to be re-acquired for a different public purpose, the entire acquisition process must be restarted from scratch.

Correct Answer: B. The higher of the registered deed value from last 3 years or Collector's circle rate or agreed amount in consent cases

Under Section 26 of the LARR Act 2013, market value is determined as the higher of: the average price from registered sale deeds for similar land in the area from the last 3 years, or the Collector's circle rate (ready reckoner rate), or if the land is being acquired through an agreement, the agreed amount. This method ensures that the compensation calculation begins with the most favorable basis for the landowner.

Correct Answer: B. Affected persons can raise objections before the Collector within 60 days of preliminary notification

After publication of the preliminary notification under Section 11 of the LARR Act 2013, affected persons have 60 days to file objections before the Collector. The Collector must personally hear all objections within 30 days and submit a report with recommendations. This hearing requirement ensures procedural fairness and natural justice, giving landowners an opportunity to challenge the need for acquisition or the extent of land proposed to be acquired.