MoRTH issues Circular Regarding the Applicability of RFCTLARR Act in Certain Land Acquisitions

The Ministry of Road Transport and Highways (Land Acquisition Division) has issued a circular dated May 15, 2024, regarding the applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, in land acquisition processes under the National Highways (NH) Act, 1956.

The circular references a recent order passed by the Hon’ble High Court of Allahabad in the case of Rampal Singh and others v. National Highway Authority of India and others [2024 AHC 72392-DB] , where concerns were raised about the lack of rehabilitation and resettlement awards in land acquisitions under the NH Act. The court suggested that the Central Government issue a circular to clarify the legal stance on this matter, considering a previous court ruling (Ranvir Singh case).

In compliance with the High Court’s order, the Ministry of Road Transport and Highways in its circular stated that it has already clarified the applicability of the RFCTLARR Act, 2013, in land acquisitions under the National Highways Act, 1956, through a circular dated December 28, 2017 (No. NH-11011/30/2015-LA).

The circular further directs all relevant authorities involved in land acquisition and compensation processes to strictly comply with these guidelines.