How is compensation calculated when the government acquires my land under the RFCTLARR Act?

Question

The state government wants to acquire part of my agricultural land for a road project. How is my compensation calculated under the current land acquisition law? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "How is compensation calculated when the government acquires my land under the RFCTLARR Act?" turns on Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, Section 26, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, Section 27 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, Section 30. The points below set out the position and then what to do about it, in the order it should be done.

Section 26 of the RFCTLARR Act 2013 requires the collector to determine the market value of the land based on the higher of the sale deed value for similar land in the vicinity, the average of the top fifty percent of sale deeds registered in the preceding three years, or the amount agreed in cases of private company negotiation.

Section 27 mandates that this determined market value be multiplied by a factor ranging from one to two depending on whether the land is in a rural or urban area, as notified by the state government, to arrive at the final compensation amount.

Section 30 additionally provides a solatium equal to one hundred percent of the market value plus the value of assets attached to the land, over and above the compensation amount, to account for the compulsory nature of the acquisition.

The Act requires a Social Impact Assessment under Section 4 for larger acquisitions and mandatory rehabilitation and resettlement entitlements under the Second and Third Schedules for displaced families, in addition to monetary compensation.

Landowners are entitled to be heard during the preliminary notification and objection stage under Section 15 before the final award is passed, and can challenge an inadequate award through the reference procedure provided in the Act.

In practice, in this order: 1) Verify the notification issued under Section 11 and check whether the Social Impact Assessment was conducted where applicable; 2) File objections under Section 15 within the stipulated period if the acquisition or its extent is disputed; 3) Obtain the collector's award and check the market value computation and solatium calculation for errors; 4) Seek a reference to the appropriate authority or court if you believe the compensation is inadequate.

Timing matters here: Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, Section 26 works on limitation periods, so a rfctlarr compensation calculation claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in property law.