ACKNOWLEDGEMENT

I am using this opportunity to express my gratitude to everyone who supported me

throughout the course of this LAND LAWS ASSIGNMENT. I am thankful for their
aspiring guidance, invaluably constructive criticism and friendly advice during the project
work. I am sincerely grateful to them for sharing their truthful and illuminating views on a
number of issues related to the project.

I express my warm thanks to my Prof. Kahkashan Y. Danyal Ma’am for his lecture
on my assignment topic in the class.

I also take this opportunity to thank the staff of JAMIA MILIA ISLAMIA who
supported me very much in making of this project specially the LIBRARY members who
provided me the right book.

Lastly I want to thank my friends and family who are with me and supported me
whenever I needed to complete this project, and without whose help this assignment might
not be so fruitful.

SUMAIYA KHAN
B.A.LL.B(H)
IX SEM
SEC A
 INTRODUCTION
Land acquisition in India refers to the process by which the union or a state government
in India acquires private land for the purpose of industrialisation, development of
infrastructural facilities or urbanisation of the private land, and provides compensation to the
affected land owners and their rehabilitation and resettlement. Till 2013, land acquisition in
India was governed by Land Acquisition Act of 1894.

The Government of India believed there was a heightened public concern on land acquisition
issues in India. Of particular concern was that despite many amendments, over the years, to
India’s Land Acquisition Act of 1894, there was an absence of a cohesive national law that
addressed fair compensation when private land is acquired for public use, and fair
rehabilitation of land owners and those directly affected from loss of livelihoods. The
Government of India believed that a combined law was necessary, one that legally requires
rehabilitation and resettlement necessarily and simultaneously follow government acquisition
of land for public purposes.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 is a legislation that regulates land acquisition and provides laid
down rules for granting compensation, rehabilitation and resettlement to the affected persons in
India. The Act has provisions to provide fair compensation to those whose land is taken away,
brings transparency to the process of acquisition of land to set up factories or buildings,
infrastructural projects and assures rehabilitation of those affected. The Act will replace
the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule.

The Act has provisions to provide fair compensation to those whose land is taken away, brings
transparency to the process of acquisition of land to set up factories or buildings, infrastructural
projects and assures rehabilitation of those affected. The Act establishes regulations for land
acquisition as a part of India's massive industrialisation drive driven by public-private
partnership. The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law
enacted during British rule.

Aims and objectives:

The aims and objectives of the Act include:
1. To ensure, in consultation with institutions of local self-government and Gram Sabhas
established under the Constitution of India, a humane, participative, informed and
transparent process for land acquisition for industrialisation, development of essential
infrastructural facilities and urbanisation with the least disturbance to the owners of the
land and other affected families.
2. Provide just and fair compensation to the affected families whose land has been
acquired or proposed to be acquired or are affected by such acquisition.
3. Make adequate provisions for such affected persons for their rehabilitation and
resettlement.
4. Ensure that the cumulative outcome of compulsory acquisition should be that affected
persons become partners in development leading to an improvement in their post
acquisition social and economic status and for matters connected therewith or incidental
thereto.

Purpose and scope:

The Act aims to establish the law on land acquisition, as well as the rehabilitation and
resettlement of those directly affected by the land acquisition in India. The scope of the Act
includes all land acquisition whether it is done by the Central Government of India, or any
State Government of India, except the state of Jammu & Kashmir.

The Act is applicable when:

 Government acquires land for its own use, hold and control, including land for
Public sector undertakings.
 Government acquires land with the ultimate purpose to transfer it for the use of
private companies for stated public purpose. The purpose of LARR 2011 includes
public-private-partnership projects, but excludes land acquired for state or national
highway projects.
 Government acquires land for immediate and declared use by private companies for
public purpose.

The provisions of the Act does not apply to acquisitions under 16 existing legislations
including the Special Economic Zones Act, 2005, the Atomic Energy Act, 1962, the
Railways Act, 1989, etc.
 DEFINITIONS

SECTION 3: In this Act, unless the context otherwise requires,—

a. “Administrator” means an officer appointed for the purpose of rehabilitation and

resettlement of affected families under sub-section (1) of section 44;

b. “affected area” means such area as may be notified by the appropriate Government
for the purposes of land acquisition;

c. “affected family” includes—

i. a family whose land or other immovable property has been acquired;

ii. a family which does not own any land but a member or members of such family
may be agricultural labourers, tenants including any form of tenancy or holding of
usufruct right, share-croppers or artisans or who may be working in the affected
area for three years prior to the acquisition of the land, whose primary source of
livelihood stand affected by the acquisition of land;

iii. the Scheduled Tribes and other traditional forest dwellers who have lost any of
their forest rights recognised under the Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006 due to acquisition of
land;

iv. family whose primary source of livelihood for three years prior to the acquisition
of the land is dependent on forests or water bodies and includes gatherers of forest
produce, hunters, fisher folk and boatmen and such livelihood is affected due to
acquisition of land;

v. a member of the family who has been assigned land by the State Government or
the Central Government under any of its schemes and such land is under
acquisition;

vi. a family residing on any land in the urban areas for preceding three years or
more prior to the acquisition of the land or whose primary source of livelihood for
three years prior to the acquisition of the land is affected by the acquisition of
such land;
 d. “agricultural land” means land used for the purpose of—

i. agriculture or horticulture;

ii. dairy farming, poultry farming, pisciculture, sericulture, seed farming breeding
of livestock or nursery growing medicinal herbs;

iii. raising of crops, trees, grass or garden produce; and

iv. land used for the grazing of cattle;

e. “appropriate Government” means,—

i. in relation to acquisition of land situated within the territory of, a State, the
State Government;

ii. in relation to acquisition of land situated within a Union territory (except

Puducherry), the Central Government;

iii. in relation to acquisition of land situated within the Union territory of

Puducherry, the Government of Union territory of Puducherry;

iv. in relation to acquisition of land for public purpose in more than one State,
the Central Government, in consultation with the concerned State Governments or
Union territories; and

v. in relation to the acquisition of land for the purpose of the Union as may be
specified by notification, the Central Government:

Provided that in respect of a public purpose in a District for an area not exceeding such as
may be notified by the appropriate Government, the Collector of such District shall be
deemed to be the appropriate Government;

f. “Authority” means the Land Acquisition and Rehabilitation and Resettlement

Authority established under section 52;

g. “Collector” means the Collector of a revenue district, and includes a Deputy

Commissioner and any officer specially designated by the appropriate Government to
perform the functions of a Collector under this Act;

h. “Commissioner” means the Commissioner for Rehabilitation and Resettlement

appointed under sub-section (1) of section 45;
i. “cost of acquisition” includes—

i. amount of compensation which includes solatium, any enhanced compensation

ordered by the Land Acquisition and Rehabilitation and Resettlement Authority or
the Court and interest payable thereon and any other amount determined as
payable to the affected families by such Authority or Court;

ii. demurrage to be paid for damages caused to the land and standing crops in the
process of acquisition;

iii. cost of acquisition of land and building for settlement of displaced or adversely
affected families;

iv. cost of development of infrastructure and amenities at the resettlement areas;

v. cost of rehabilitation and resettlement as determined in accordance with the

provisions of this Act;

vi. administrative cost,—

A. for acquisition of land, including both in the project site and out of
project area lands, not exceeding such percentage of the cost of
compensation as may be specified by the appropriate Government;

B. for rehabilitation and resettlement of the owners of the land and other
affected families whose land has been acquired or proposed to be acquired or
other families affected by such acquisition;

vii. cost of undertaking ‘Social Impact Assessment study’;

j. “company” means—

i. a company as defined in section 3 of the Companies Act, 1956, other than a

Government company;

ii. a society registered under the Societies Registration Act, 1860 or under any
corresponding law for the time being in force in a State;

k. “displaced family” means any family, who on account of acquisition of land has to
be relocated and resettled from the affected area to the resettlement area;
 l. “entitled to act”, in relation to a person, shall be deemed to include the following
persons, namely:—

i. trustees for other persons beneficially interested with reference to any such case,
and that to the same extent as the person beneficially interested could have acted if
free from disability;

ii. the guardians of minors and the committees or managers of lunatics to the same
extent as the minors, lunatics or other persons of unsound mind themselves, if free
from disability, could have acted:

Provided that the provisions of Order XXXII of the First Schedule to the Code of Civil
Procedure, 1908 shall, mutatis mutandis, apply in the case of persons interested appearing
before a Collector or Authority by a next friend, or by a guardian for the case, in proceedings
under this Act; and

m. “family” includes a person, his or her spouse, minor children, minor brothers and
minor sisters dependent on him:

Provided that widows, divorcees and women deserted by families shall be considered
separate families;

Explanation.—An adult of either gender with or without spouse or children or dependents

shall be considered as a separate family for the purposes of this Act.

n. “holding of land” means the total land held by a person as an owner, occupant or
tenant or otherwise;

o. "infrastructure project" shall include any one or more of the items specified in
clause (b) of sub-section (1) of section 2;(p) “land” includes benefits to arise out of
land, and things attached to the earth or permanently fastened to anything attached to
the earth;

p. “landless” means such persons or class of persons who may be,—

i. considered or specified as such under any State law for the time being in force; or

ii. in a case of landless not being specified under clause (a), as may be specified by
the appropriate Government;

r. “land owner” includes any person,—

 i. whose name is recorded as the owner of the land or building or part thereof, in
the records of the authority concerned; or

ii. any person who is granted forest rights under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or under any
other law for the time being in force; or

iii. who is entitled to be granted Patta rights on the land under any law of the State
including assigned lands; or

iv. any person who has been declared as such by an order of the court or Authority;

s. “local authority” includes a town planning authority (by whatever name called) set
up under any law for the time being in force, a Panchayat as defined in article 243 and
a Municipality as defined in article 243P, of the Constitution;

t. “marginal farmer” means a cultivator with an un-irrigated land holding up to one

hectare or irrigated land holding up to one-half hectare;

u. “market value” means the value of land determined in accordance with section 26;

v. “notification” means a notification published in the Gazette of India or, as the case
may be, the Gazette of a State and the expression “notify” shall be construed
accordingly;

w. “patta” shall have the same meaning as assigned to it in the relevant Central or State
Acts or rules or regulations made there under;

x. “person interested” means—

i. all persons claiming an interest in compensation to be made on account of the

acquisition of land under this Act;

ii. the Scheduled Tribes and other traditional forest dwellers, who have lost any
forest rights recognised under the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006;

iii. a person interested in an easement affecting the land;

iv. persons having tenancy rights under the relevant State laws including
share-croppers by whatever name they may be called; and
 v. any person whose primary source of livelihood is likely to be adversely
affected;

y. “prescribed” means prescribed by rules made under this Act;

z. “project” means a project for which land is being acquired, irrespective of the
number of persons affected;

za. “public purpose” means the activities specified under sub-section (1) of section 2;

zb. “Requiring Body” means a company, a body corporate, an institution, or any other
organisation or person for whom land is to be acquired by the appropriate
Government, and includes the appropriate Government, if the acquisition of land is
for such Government either for its own use or for subsequent transfer of such land in
for public purpose to a company, body corporate, an institution, or any other
organisation, as the case may be, under lease, licence or through any other mode of
transfer of land;

zc. “Resettlement Area” means an area where the affected families who have been
displaced as a result of land acquisition are resettled by the appropriate Government;

zd. "Scheduled Areas" means the Scheduled Areas as defined in section 2 of the
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996;

ze. “small farmer” means a cultivator with an un-irrigated land holding up to two
hectares or with an irrigated land holding up to one hectare, but more than the holding
of a marginal farmer.

Public purpose was discussed in a number of cases. The following cases have all been
discussed in the aforementioned case:

In the American judgment of Munn v. Illinois1, Field, J. had observed that though private
buildings can be declared as being used for public purposes to make them be considered as
public building, such was not the case. Though it was declared in a constitutional convention,
the Learned Judge said that the language could never change a private business or building
into a public one.

1
Munn v. Illinois, (1877) 94 US 113: 24 L.Ed 77
In Green v. Frazier2, the Court stated that the objective of public purpose should be to
promote “public health, safety, morals, general welfare, security, prosperity, and
contentment” of all the citizens. Now, this power to acquire implicitly leads to a right to
payment to the ones who have been alienated from their domain for the welfare of the mass.

In the case Hamabai v. Secretary of State3, Batchelor, J. avoided giving a clear precise
ambit of extent to the phrase ‘public purpose’ and left the topic with saying that the purpose
should be of general interest of the community, which was to be put before particular
individual interests. The Court decided in Bhim Singhji4 that public purpose should serve in
the general interest of the community pitted against particular interests of individuals.

The Constitutional bench in the Somawanti judgment5 held that the Government would be
the one to determine whether a specific purpose fell within the ambit of the phrase. It also
held that the satisfaction for the Government regarding the same and a subsequent declaration
would be final. Such a decision by the Government could only be challenged on one ground,
namely, if there was colorable exercise of power by the Government, the aggrieved party
could challenge it before the Court. This was also observed in Laxman Rao v. state of
Maharastra6 that the State Government has the ultimate power to take the decision regarding
what constitutes public purpose.

Daulat Singh Surana case7 goes into the discussion of eminent domain. The Doctrine of
Eminent Domain perceives that the right of the state over the land within its territory to
acquire the same for public good is an absolute right, by payment of compensation, which is
more often than not, inadequate.18 The validation for this action for such an action of the
State is given through the idea of public purpose. The doctrine of eminent domain not only
lets the State exercise control over land and other related resources, it also lets the
Government decide the fate of the people living on the land to be acquired for the reason of
public purpose, with limited compensation to the displaced.

2
176 N.W. 11, 17, 44 N.D. 395
3
(1911) 13 Bom LR 1097
4
(1981) 1 SCC 166
5
(1963) 2 SCR 774
6
(1997) 3 SCC 493
7
2003 (2) CHN 376
 SOCIAL IMPACT ASSESSEMENT

Social impact assessment (SIA) is the process of identifying and managing the social impacts
of industrial projects. It can also be applied to policies, plans and programmes. SIA is used to
predict and mitigate negative impacts and identify opportunities to enhance benefits for local
communities and broader society. Central to the principles and practice of SIA is the
involvement of affected communities and other stakeholders in the process. SIA should
inform decision-making by government and companies from the early stages of a project.
Equally important is the role of SIA in the ongoing management of social issues throughout
the whole project cycle until decommissioning and closure. As such, the social management
plan that derives from an SIA is extremely important. SIA is also an essential foundation for
community agreements and in processes of free, prior and informed consent (FPIC)
conducted with indigenous communities before the start of industrial development projects.

According to the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement (RFCTLARR) Act, 20138, it is mandatory to conduct a
Social Impact Assessment (SIA) and prepare a Social Impact Management Plan (SMP) for
acquisition of land by government for its own use, hold and control or by public-private
partnership or by private acquisition for public purposes.

SIA, enshrined in Sec 4(1) to Sec. 9 forms an integral part of land acquisition under this act.
SIA study helps make informed decision regarding the problems that the displacement will
cause. SIA helps enhance the project benefits to poor and vulnerable people while
minimizing or mitigating concerns, risks and adverse impacts through a participatory,
informed and transparent process involving all stakeholders. The SIA study can even
question the justification provided for public purpose, suggest alternative mechanism and can
even 4 recommend dropping the whole acquisition process. It helps estimate the number of
families displaced and affected, if the ameliorative measures will be adequate to effectively
mitigate the adverse impact on individual and community assets, infrastructure and
restoration of livelihood of affected families and also calculate the compensation to be paid.

8THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,

REHABILITATION AND RESETTLEMENT ACT, 2013, available at:
http://legislative.gov.in/sites/default/files/A2013-30.pdf
The overall objective of the Act is to make the land acquisition process participatory, humane,
informed and transparent. The Act also stipulates that an SIA study for land acquisition shall
demonstrate or justify the following:
1. That the land to be acquired serves a public purpose9
2. That the extent of the land to be acquired for public purpose is the absolute bare
minimum10
3. Whether land acquisition at the alternative place has been considered and not found
feasible11
4. Whether overall potential benefits outweigh the social impacts and assessment costs12
5. Inventory of movable and immovable properties likely to be impacted13
6. Number of affected families and number of families likely to be displaced14

The role of the SIA is as an instrument that helps assess and determine the implications of
land acquisition on the affected community and people. SIA minimizes the risks involved in
displacement, rehabilitation, compensation and resettlement. It also guides the land acquiring
agency to plan in an informal manner, thus saving cost, and in timely completion of the
projects, therefore reducing the risks involved in delays.

9
Chapter II, Section 4, sub-section 4(a), RFCTLARR Act, 2013
10
Chapter II, Section 4, sub-section 4(d), RFCTLARR Act, 2013
11
Chapter II, Section 4, sub-section 4(e), RFCTLARR Act, 2013
12
Chapter II, Section 4, sub-section 4(f), RFCTLARR Act, 2013
13
Chapter II, Section 4, sub-section 4(c), RFCTLARR Act, 2013
14
Chapter II, Section 4, sub-section 4(b), RFCTLARR Act, 2013
 RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT (SOCIAL
IMPACT ASSESSMENT AND CONSENT) RULES, 201415

In keeping with the goal of establishing a comprehensive, participative and meaningful

process of land acquisition that the Land Acquisition Act, 2013 espouses, the Central
Government issued the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014 on 8th
August. The rules have been designed to serve 3 principal objectives. First, they seek to put
in place a robust framework for conducting a comprehensive analysis of the social impact of
the proposed acquisition along with obtaining the consent of land owners. Second, they aim
to put in place adequate safeguards as well as checks and balances to ensure that the social
impact assessment is free and fair and that the consent is not acquired by any coercive
method. Finally, they clearly delineate the time period within which the acquisition has to be
completed in order to make the entire process more expeditious. Notably, they require the
Appropriate Government to maintain a web-based work flow and information management
system to track every step of the acquisition process. Against this backdrop, it would be
apposite to succinctly analyze some salient features of the Rules.

Social Impact Assessment Unit

In order to lend credibility to the acquisition process, the Rules impose an obligation on the
central or state government to appoint an independent organization as the Social Impact
Assessment Unit that has to oversee the Social Impact Assessment. The Unit has to maintain
a database of qualified independent practitioners and social activists, regularly conduct
studies to add to its database and formulate strategies for improving the quality, efficacy and
transparency of the assessment process. It must consistently strive to take capacity building
measures to improve the quality of social impact assessment teams in particular and the entire
process in general. It has to formulate the terms of reference of Social Impact Assessment for
any acquisition proposal and determine the estimated cost of the assessment with a clear
break-up of the amount required for every activity or item. Thereafter, the body requiring the

15Available at:
https://dolr.gov.in/sites/default/files/RFCTLARR%20%28SIA%20and%20Consent%29%20Rules%202014_1.p
df
land has to pay the assessment fee to the Unit which is to be used for conducting the
assessment.

Social Impact Assessment Team

The Rules explicitly state that a new Social Impact Assessment Team (“the Team”) has to be
constituted in order to conduct a thorough social impact assessment for every project. The
criteria for the appointment of members to such a team has to be in accordance with the terms
of reference that is prepared by the Unit which sets out the intricacies of the tasks that the
Team has to perform. Ideally, the Team should include independent practitioners, qualified
social activists, academics and technical experts and must necessarily include 1 female
member. One team leader has to be appointed to act as a connecting link between the Unit
and the Team. A bare perusal of these provisions brings to light 2 interesting features. First,
the Rules repeatedly assert that the organization which wishes to acquire the land must not be
involved in any way in the appointment of the Social Impact Assessment Team. In fact, every
member is required to sign a written undertaking stating that they do not have any
relationship with the body wishing to acquire the land and any conflict of interest shall result
in immediate disqualification. Second, it is heartening to note that the Rules emphasize the
importance of ensuring that only those who have a considerable amount of experience in the
area of land acquisition are appointed to conduct the Social Impact Assessment. At a time
when most quasi-judicial and administrative bodies are unable to fulfill their goals and
perform their assignments due to excessive governmental interference and incompetent
members, it is hoped that this framework will go a long way in increasing the public’s faith in
the process of land acquisition.

Process of conducting Social Impact Assessment

The Rules impose an obligation on the Team to assiduously analyze the relevant quantitative
and qualitative data, undertake frequent site visits and employ other strategies such as
focused group discussions, detailed rural appraisals, informant interviews, etc to fully
appreciate the nuances that would shape and influence the views of land owners whose land
is sought to be acquired. Furthermore, the Team is obligated to scrutinize relevant land
records and data, to conduct field verifications and to compare the proposed project with
existing projects that are of a similar nature. All local authorities have been mandated to
provide relevant information that would allow the Team to formulate a more informed view
about the effect of acquisition within 10 days of receiving the request for such information.
The investigation of the Team should focus on the following cardinal areas:
1. The areas that would be most adversely affected by the project, especially from an
environmental and social standpoint;
2. The quantum of land that is sought for the project and whether it is more than what is
necessary;
3. The feasibility of executing the project on other alternative sites;
4. In the case of scheduled areas, whether the acquiring body is able to prove that the land
that they wish to acquire is a demonstrable last resort;
5. Whether any land has already been acquired and the utility of every plot of land that is
sought to be acquired;
6. Whether any public unutilized or waste/barren land can be used for the project;
7. A detailed analysis of the type, structure and location of the land. In case of an
agricultural land, the irrigation coverage and cropping pattern must be analyzed.
8. Whether the acquisition would be in accordance with food security laws or not; and
9. The ownership pattern, holding size and details of land owners, with special reference to
change in ownership in the preceding three years.

In order to make the process more participative, the Rules impose an obligation on the Team
to conduct a public hearing in all Gram Sabhas where members of such Gram Sabhas would
be affected by the proposed acquisition. A public notification should be issued three weeks
prior to the public hearing to inform all stakeholders about the meeting. All members should
be given a copy of the draft Social Impact Assessment Report and Social Impact Assessment
Plan before the hearing in order to allow them to contribute more meaningfully and
substantively to the hearing. The proceedings of the hearing must be video recorded and the
meeting must be conducted in the local language of the area in question. The entity intending
to acquire the land must send its representatives to the hearing in order to assuage the unease
of land owners about the acquisition and to address their legitimate concerns.

Social Impact Assessment Report

A Social Impact Assessment Report has to be prepared within six months of the
commencement of the assessment process. The report should describe in detail the findings of
the Team with regard to all the key areas of investigation mentioned earlier. More
specifically, it must encompass details about the number of affected/displaced families,
specific areas of concern raised by affected families and a socio-economic profile of the
affected area. The report must indicate whether the advantages of the project would clearly
outweigh its socially pernicious effects. It must examine the efficacy of the measures that
would be undertaken for mitigating the rigours of acquisition from the perspective of affected
families and grapple with ways of ensuring that affected families do not end up enduring
more social and economic hardship than what they had to endure before the acquisition. The
report must be in the local language so as to make it accessible to affected families and local
authorities and must be clear and concise. It has to be submitted to an expert group which
must scrupulously examine all its facets. The expert group has to give its report within a
period of two months from the date of its constitution. The Appropriate Government has to
assiduously analyze the report along with recommendations of the expert panel and formulate
a strategy to minimize the ecological impact, harm to affected families and adverse
consequences of the acquisition. The views of the appropriate government must be framed in
the local language and must be widely disseminated among all stakeholders.

Social Impact Management Plan

The Team has to prepare a Social Impact Management Plan which should address, inter alia,
the following 5 fundamental areas:
1. Strategies for avoiding, mitigating or compensating the adverse impact of the project;
2. Steps for rehabilitation and resettlement of affected families that the Act mandates;
3. A brief explanation of the measures that the body requiring the land intends to take for
the benefit of affected families;
4. Additional claims made by the body requiring the land during the Social Impact
Assessment Process; and
5. Details of key personnel responsible for overseeing every aspect of the mitigation
measures along with timelines and expected costs.

In sum, the Social Impact Assessment Plan serves as a useful source of reference for
developing the most efficacious strategies to reconcile the interests of land owners as well as
the requiring body.

Provisions pertaining to consent

The second part of the Rules deals with the modalities for obtaining the consent of land
owners whose land is sought to be acquired. At this juncture, it would be apposite to
remember that the new law makes it mandatory to obtain the consent of at least 70% of land
owners when the land is to be acquired for a project in the public-private partnership mode
and 80% of land owners when the land is to be acquired for a private company. The
Appropriate Government, via the District Collector, has been tasked with the responsibility of
obtaining the consent of land owners. In order to make the consent process smoother, the
Appropriate Government is required to maintain a record of all land owners, land rights and
names of occupants at all times.

The District Collector must notify the members of the Gram Sabha about the special Gram
Sabha meeting for acquiring consent at least three weeks in advance. The quorum of the
Gram Sabha must be at least 50% and one-third female members of the Gram Sabha must be
present. The body requiring the land must also send its representatives who are competent to
negotiate with members of the Gram Sabha and to address their concerns in the meeting. The
proceedings of the meeting must be video recorded and made available in all local Panchayat
offices and uploaded on the website of the Appropriate Government to make the entire
process more transparent.

If the members of the Gram Sabha are satisfied with the assurances given to them by the
body requiring the land, then they must pass a majority resolution certifying their consent and
containing the terms and conditions of rehabilitation, resettlement and other mitigation
measures. Such a resolution must contain the signature of Gram Sabha members and
representatives of requiring body and must be countersigned by the District Collector.
Similarly, for acquiring the consent of the concerned land owners, a meeting of affected land
owners must be held.

The itinerary of such meetings shall closely mirror the itinerary of Gram Sabha meetings, but
3 features of the process of acquiring consent of land owners stand out. First, in addition to a
copy of the draft Social Impact Assessment report and plan, they must explicitly be informed
about their rights under all revenue laws, in particular the Forest Rights Act. Second, all land
owners must be given a written declaration from the Collector stating that refusal to give
consent shall not result in any adverse consequences. Land owners would be given contact
details of officers whom they can contact in case they are coerced or intimidated to give
consent. Finally, the consent of land owners has to be recorded in writing and details of the
consent process have to be made available on the website of the Appropriate Government.
The appropriate Government shall , while undertaking a Social Impact Assessment study,
consider the impact that the project is likely to have on various components such as
livelihood of affected families, public and community properties, assets and infrastructure
particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of
water for cattle, community ponds, grazing land, plantations, public utilities such as post
offices, fair price shops, food storage godowns, electricity supply, health care facilities,
schools and educational or training facilities, anganwadis, children parks, places of worship,
land for traditional tribal institutions and burial and cremation grounds. Appropriate Govt
shall require the authority conducting the SIA to prepare Social Impact 6 Management Plan
(SIMP) listing the ameliorative measures required to be undertaken to address adverse impact
and such measures shall not be less than what is provided under a of Central Govt./State Govt.
scheme or programme in operation in that area.
 OTHER RELEVANT PROVISIONS

Publication of SIA:
Under sec.6, the appropriate Government shall also ensure that the Social Impact Assessment
study report and the Social Impact Management Plan(SIMP) are prepared and made available
in the local language to the Panchayat, Municipality or Municipal Corporation, as the case
may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tahsil,
and shall be published in the affected areas & uploaded in the website.

Appraisal of SIA:
U/s 7 of the act, the SIA Report to be evaluated by an independent multidisciplinary Expert
Group consisting of :
i. Two non-official social scientists
ii. Two representatives of local bodies i.e. Panchayat, Gram Sabha, Municipality or
Municipal Corporation, as the case may be
iii. two experts on rehabilitation
iv. A technical expert in the subject relating to project
v. The appropriate Government may nominate a person from amongst the members of the
Expert Group as the Chairperson of the Group.

If the Expert Group is of the opinion that :

a. the project does not serve any public purpose; or
b. the social costs and adverse social impacts of the project outweigh the potential benefits,
it shall make a recommendation within two months from the date of its constitution to the
effect that the project shall be abandoned forthwith and no further steps to acquire the land
will be initiated in respect of the same. Such recommendation shall be recorded in writing by
the Expert Group giving the details and reasons for such decision & will also be made
available in local language to concerned places of that affected area.

Examination by appropriate Government:

The appropriate Govt. Shall examine the Report of the Collector on SIA , report of the Expert
Group on the Social Impact Assessment , the SIA report along with the proposal for land
acquisition . After considering all the reports, finally the decision is taken whether to approve
7 or reject the SIA report by the Govt.& the same is made available in local languages in
concerned Panchayats,Tahasils,Municipalities, Sub-CollectorOffice, District Collectorate or
as the case may be.

Exemptions:
If land is proposed to be acquired under urgency provision in Sec. 40 SIA study may be
exempted by appropriate government. This provision is restricted to:
a) acquisition of land for defence of India; or
b) national security; or
c) for any emergency arising out of natural calamities. In respect of irrigation projects
where the process of Environment Impact Assessment is required under the provisions of
any other law for the time being in force, the provisions of this Act relating to Social
Impact Assessment shall not apply.

Lapse of SIA report:

As per Sec. 14, where a preliminary notification under section 11 is not issued within twelve
months from the date of appraisal of the Social Impact Assessment report submitted by the
Expert Group u/s- 7, then, such report shall be deemed to have lapsed and a fresh Social
Impact Assessment shall be required to be undertaken prior to acquisition proceedings u/s-11.
The appropriate Govt. shall have the power to extend the period of twelve months, if in its
opinion circumstances exist justifying the same.
 CONCLUSION

The majority of the Indian population is depended on lands. Most of them agricultural lands,
some are depended on urban properties. In view of ever increasing demand and rising prices
of land, a person/family affected in land acquisition will suffer heavily as it will be
impossible for him/them to purchase similar extent of land lost in the acquisition. Therefore
the Parliamentarians’ enacted The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 and replaces the Land Acquisition
Act of 1984 which was a pre-Constitutional Act.

The Act, 2013, will go a long way to protect the interests of farmers and land-owners
who are solely depended on the lands and this mechanism takes care of the longstanding
grievances of the land- owners/displaced persons by ensuring the acquisition of property will
be made only as a last resort and if the purpose is bonafide and genuine.

In Waman Rao v. Union of India16Constitutional bench had observed that India

being a predominantly agricultural society, there is a “strong linkage between the land and
the personal status in the social system.” The tip of land on which they till and live, assumes
them equal justice and dignity of their person by providing to them a near decent means of
livelihood.

The act aims to acquire the land in consultation with institution of local self
government and gram sabhas established under the Constitution. Humane, participative,
informed and transparent process of Land Acquisition for industrialization, development of
essential infrastructure facilities and urbanization with lease disturbance to the owners of the
land and other affected families and provide just and fair compensation to the affected family
and whose land has been acquired or proposed to be acquired on affected persons by such
acquisition. And make adequate provisions for such affected persons for their rehabilitation
and resettlement and for ensuring that the cumulative outcome of compulsory acquisition
should be that affected persons become partners in development leading to an improvement
in their post acquisition social and economic status.

16 AIR 1981 SC 271

 BIBLIOGRAPHY

BOOKS REFERRED:-
 P.K. Sarkar, ‘Law of Acquisition of Land in India’,(Easter Law House, Kolkata,
2002),
 Land Acquisition Act, 1894
 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013

WEBSITES REFERRED :

 Land Acquisition in India, available at:

https://www.lawctopus.com/academike/land-acquisition-india/

 What is Social Impact Assessment?, available at:

https://www.researchgate.net/publication/315550573_What_is_Social_Impact_Assessme
nt

 Right to livelihood and social impact assessment in land acquisition, available at:
https://www.teriin.org/article/right-livelihood-and-social-impact-assessment-land-acquisi
tion

 Social Impact Assessment (SIA) and Social Impact Management Plan (SIMP): An
Indicative Structure, available at:
http://www.indiaenvironmentportal.org.in/files/file/SIA-and-Social-Impact-Management
-Plan-(SIMP).pdf

 Social Impact Assessment and Consent Rules: a Major Step Toward Improving the
Process of Land Acquisition, available at:
https://blog.ipleaders.in/social-impact-assessment-and-consent-rules-a-major-step-toward
-improving-the-process-of-land-acquisition/

 Relevance and Process of SIA study under RFCTLAR&R Act, 2013, available at:
http://rotiodisha.nic.in/files/29102018/Publication%20And%20Training%20Material/Pro
ject%20Reports%20of%20Trainees/RFCTLARANDR/BIJAYALAXMI%20NAYAK_1
9th%20Batch.pdf