Section 46 of LARR Act, 2013 : Section 46: Provisions Relating To Rehabilitation And Resettlement To Apply In Case Of Certain Persons Other Than Specified Persons

Explanation using Example

Imagine a scenario where a private developer plans to purchase a large tract of land in a rural area to build a new housing complex. The area of land is above the threshold set by the state government which requires compliance with the Rehabilitation and Resettlement (R&R) provisions of the Act.

The developer, before proceeding with the purchase, must notify the District Collector about:

• Their intent to purchase the land;
• The purpose, which is to develop a housing complex;
• Details of the specific parcels of land they intend to acquire.

The District Collector is then obligated to refer this information to the Commissioner to ensure the developer's plan meets all the R&R requirements under the Act.

Upon approval of the R&R Scheme by the Commissioner, the Collector will provide individual awards to the affected landowners, detailing their R&R entitlements.

If the developer does not comply with the R&R provisions, any change in land use for the development will not be allowed, rendering the purchase void from the outset.

Furthermore, if the land was initially bought through private negotiations after September 5, 2011, and is acquired by the government within three years of the Act's commencement, 40% of the compensation paid for the land acquisition must be shared with the original landowners as of that date.