LA Act §4(1) / §6(1) Notice Register

RFCTLARR (Right to Fair Compensation + Transparency in Land Acquisition, Rehabilitation + Resettlement) Act 2013 — commonly called LARR Act — replaced the colonial Land Acquisition Act 1894 for most acquisitions. It is significantly more demanding than the National Highways Act (which still governs NH projects): - Social Impact Assessment is mandatory - Public hearings are mandatory - Higher compensation (up to 4× market value for rural; 2× for urban) - 100% solatium on top of market value - R&R (Resettlement + Rehabilitation) package mandatory for displaced families - Consent of 70% (PPP) / 80% (private) of land-owners for non-public-purpose acquisition

The LARR Notice Register tracks the multi-stage process — Sec 4(1) preliminary notification → Sec 5 SIA → Sec 6 declaration → Sec 11 hearing → Sec 19 award → Sec 38 possession. Typical timeline: 2-4 years end-to-end.

Projects governed by LARR (not NH Act): - State highways (in some states) - Industrial parks (SIDC / SIDCUL etc.) - Smart cities + townships - Irrigation projects (canals, dams) - Power transmission lines (in some states) - Railway projects outside MoR's special Act - Mining + minerals (subject to MMDR Act)

The Register is the multi-year project monitoring document; without it, project authorities cannot defend timelines, compensation amounts, or process compliance in court.

12-step LARR process (typical 24-36 months):

Step 1 — Pre-feasibility + scoping: - Project authority defines need + area + alignment - Land schedule prepared - Public purpose declaration

Step 2 — Section 4(1) Preliminary Notification: - Issued in Gazette + 2 newspapers (1 local language) - Lists villages + survey numbers - Triggers SIA process - Land use frozen

Step 3 — Section 4(2) SIA Order: - SIA agency engaged (independent) - Must assess: nature, social impacts, alternatives, costs - Public consultation - Report submitted within 6 months

Step 4 — Section 5 Public Hearing on SIA: - Held in affected gram panchayats / municipalities - Comments + objections recorded - SIA report updated

Step 5 — Section 6 Expert Group Examination: - Independent multidisciplinary expert group reviews SIA - Recommendations to government - 'Approve / Reject / Approve with modifications'

Step 6 — Section 8 Decision by Government: - Government takes final decision - 'Whether public purpose, less harmful alternatives possible, social costs vs benefits' - Cabinet approval required for projects > 100 acres

Step 7 — Section 11 Declaration: - Final declaration of acquisition - Gazette + newspaper publication - 12 months from preliminary notification (sec 19); else lapses - Triggers detailed survey + measurement

Step 8 — Section 16-18 Surveying + listing: - Detailed parcel-wise measurement - Listing of affected families - Public hearing for objections - Land Records updated

Step 9 — Section 19-23 Award: - Compensation calculation: - Land value: market rate (last 3 years' top 50% sale deeds OR State circle rate, whichever higher) × multiplier - Multiplier: 1.0 for urban; 1.0-2.0 sliding scale for rural per distance from urban (1 if within urban; 2 if > 25 km) - Solatium: 100% of land value + structures + crops - Total: 2× to 4× of market value typically - Compensation for crops, trees, structures (separately valued) - Award announced; deposited in Land Acquisition Officer's account - R&R Award under Schedule II: housing, subsistence allowance, employment

Step 10 — Section 26 Payment: - Payment to land-owners within stipulated time - Online direct credit (recent reform) - Receipt mandatory

Step 11 — Section 38 Possession: - Physical possession after compensation paid + R&R initiated - Notice given - Joint inspection + handover

Step 12 — Section 64 Disputes: - Land Acquisition Authority (LAA) for disputes - District Court / High Court for further appeals

1. SIA skipped or perfunctory — for 'urgency' invoked under Sec 40; later challenged in court; whole acquisition lapses.

2. Public hearing token — done in office instead of village; people don't attend; later challenged; remand by court.

3. Section 11 declaration lapses — 12-month deadline missed; entire process restarts from Sec 4(1).

4. Market value under-stated — Circle rate used as market rate (often lower than actual transactions); land-owners reject; arbitration.

5. Multiplier wrong — rural multiplier of 2 used where 1 (within urban) was applicable, OR vice versa; over/under compensation; disputes.

6. Crops + trees + structures valued generically — not surveyed properly; land-owners file claims; LAA orders revaluation.

7. R&R Schedule II ignored — only land compensation paid; housing / employment / subsistence missed; legal violations.

8. Consent threshold not met — for PPP projects, 70% consent required; project authority claims 70% but actual is 55%; challenged.

9. Notification on wrong land — survey number errors; later corrections needed; delays.

10. Possession before payment — illegal under Sec 38; challenged; possession reversed.

11. Mass acquisition without proper process — "emergency" invoked routinely; later court strikes down.

12. Cross-state harmonisation — different states have additional rules; project across states has inconsistencies.

13. PPP project's commercial interests dominate — public purpose questioned; courts review whether acquisition is mainly public or private benefit.

14. Tribal land issues — Schedule V areas require Gram Sabha consent; LARR + PESA + FRA interplay complex; often violated.

15. Compensation deposit gap — funds not deposited with LAO on time; possession action stalled; project delayed.

16. Section 24 lapses — if 5 years pass without compensation paid + possession taken, acquisition lapses under Sec 24(2); many old acquisitions lapsed by Supreme Court rulings.

Companion formats: - NHAI 3A / 3D Notification Tracker (FMT-LAN-001) — for NH projects (separate Act) - Utility Shifting Tracker — utilities in alignment - Tree-cutting NOC Tracker — forest dept clearance - R&R Plan Register — Schedule II tracking - Encumbrance Removal Log — encroachment + court cases - Forest Clearance Tracker — Forest Conservation Act

Legal framework: - RFCTLARR Act 2013 — primary Act (replaces LA Act 1894 for most acquisitions) - RFCTLARR Rules 2014 (Central) + state-specific Rules - Companies Act 2013 — for company acquisitions (different consent) - Forest Conservation Act 1980 — for forest land in alignment - Wildlife Protection Act 1972 — for wildlife sanctuaries / national parks - PESA Act 1996 — Panchayats Extension to Scheduled Areas (tribal land) - Forest Rights Act 2006 — Scheduled Tribes + Other Traditional Forest Dwellers - MMDR Act 1957 — for mining-related acquisitions - National Highways Act 1956 — for NH projects (separate from LARR) - Indian Railways Act 1989 — for railway projects - Coal Bearing Areas (Acquisition + Development) Act 1957 — for coal mining - Land Acquisition Act 1894 — repealed but old acquisitions under old Act still adjudicated - Supreme Court judgments: Pune Municipal Corporation (2014), Indore Development Authority (2020) — landmark interpretations of Sec 24