Section 38 of LARR Act, 2013 : Section 38: Power To Take Possession Of Land To Be Acquired

Explanation using Example

Imagine a government project for constructing a new highway that requires acquiring land from local farmers. Under Section 38 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the local Collector must make sure that the farmers are fully compensated for their land within three months of the compensation award. Additionally, the monetary aspects of their rehabilitation and resettlement must be addressed within six months.

For instance, if the award is announced on January 1st, the farmers should receive their compensation by April 1st and the monetary rehabilitation and resettlement benefits by July 1st. If the project includes building new infrastructure for the displaced farmers, like schools or hospitals, these should be provided by July of the following year, considering the eighteen-month timeframe.

Furthermore, if this highway project also includes an irrigation system that might lead to submergence of land, the Collector has to ensure that the affected families are rehabilitated and resettled at least six months before the land is submerged.

The Collector is also tasked with the responsibility to ensure that the entire process of rehabilitation and resettlement is fully completed before any family is displaced from their land due to the highway project.