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Land Rights in India: How the 2013 Act Protects You From Forced Acquisition

By shagun , 25 July 2025

This Act replaces the old Land Acquisition Act of 1894. It ensures that when the government or private companies acquire land from people (especially farmers or tribal communities), they are given:

  • Fair compensation
  • Proper rehabilitation
  • Resettlement support

Key Highlights:

Fair Compensation:

Landowners get 2 to 4 times the market value depending on the location (rural or urban).

Consent of People:

  • For private projects, 80% of landowners must agree.
  • For PPP (public-private partnership) projects, 70% consent is required.

Rehabilitation and Resettlement (R&R):

Families losing land must be provided a house, jobs, or monetary help, as per rules.

Social Impact Assessment (SIA):

Before taking land, a study must check how it will affect people and the environment.

Safeguards for SC/ST:

Strong protections for land owned by Scheduled Castes and Tribes.

This law is important for protecting the rights of landowners and preventing misuse of land acquisition by powerful entities.

Land Acquisition Act, 2013 – FAQs

What is the purpose of this Act?
To ensure fair compensation and proper rehabilitation and resettlement when land is acquired.

Who can acquire land under this Act?
The government, and in some cases, private companies or PPP projects with consent.

Do landowners get market price?
They get 2 to 4 times the market value depending on the rural or urban area.

Is consent needed for land acquisition?
Yes:
80% consent for private projects
70% consent for PPP projects

What is a Social Impact Assessment (SIA)?
A study to check if the project affects people, jobs, homes, or the environment.

What if people refuse to give consent?
If required consent isn’t received, land cannot be acquired for private or PPP projects.

Do only landowners get compensation?
No, even tenants, workers, and others depending on the land may get R&R benefits.

What support is given apart from money?
Affected families may get:
A house,
A job,
Monthly allowance,
Transportation & other help.

How is compensation calculated?
Based on market value × multiplier (usually 1 to 2), plus solatium (extra 100%).

Is tribal or SC land treated specially?
Yes, extra protections and consent are needed when acquiring land from SC/ST communities.

Can land be taken urgently?
Only for defense or national emergency, and even then with special provisions.

Is this Act used in all states?
Yes, but some states have made amendments or added their own rules.

Can private builders use this law directly?
No, only with government approval and majority consent.

Is this law used for industrial projects?
Yes, but only with proper process, consent, and compensation.

Can the compensation be challenged?
Yes, people can go to the court or land acquisition authority if they feel cheated.

What if the land is not used after acquisition?
If not used in 5 years, the land must be returned or reacquired.

Who ensures the rules are followed?
The Collector and other designated officers oversee implementation.

Are religious lands or common lands protected?
Yes, they need special permissions and alternatives must be provided.

Does this Act apply to forest or coastal land?
Only after clearance under environment laws and SIA.

What was the old law before this?
The Land Acquisition Act of 1894, which was replaced due to lack of fairness.

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