Land Acquisition and Diversion of Forest Land - Effective Socio-Economic Surveys and Due Diligences For Project Planning

Diversion of Forest Land for
Infrastructure Projects – due diligence
Chiranjiv Choudhary IFS

Background….
•Forestry is 2nd largest land use after Agriculture

•275 million (approx.) people ( about 27% of the total population)
depend on forests for part of their livelihoods support.
•Between 1950-80, the rate of diversion of forest land for non-forestry
purposes was 1,50,000/ hectares per annum
•5.7 million hac of forest land has been diverted for non-forestry
purpose since 1950.
Background….
•Forest (Conservation) Act, 1980 enacted to regulate de-reservation
of forests and diversion of forest land for non-forestry purposes
•Ensure protection and conservation of existing forests & there by
ensure environmental stability
•After enactment of the FCA, the rate of diversion of forest land has
come down to about 45,000 hectares per annum.
Forest (Conservation) Act, 1980
Section 2: Restriction on de-reservation of forests or use of forest

land for non-forest purpose. No State Govt or other authority shall
make, except with the prior approval of Central Govt any order
directing;
◦ any reserved forest or any portion thereof shall cease to be reserved

◦ any forest land or any portion thereof to be used for any non-forest purpose
• any forest land or any portion thereof may be assigned by way of lease
or otherwise to any private person or to any authority, corporation,
agency or any other organization not owned, managed or controlled by
Govt.
• that any forest land or any portion thereof may be cleared of trees
which have grown naturally in that land or portion, for the purpose of
using it for reafforestation.
•However, such Govt owned, managed or controlled authority/

corporation/agency, which has been assigned such forest land, shall
not reassign it or any part thereof to any other authority/corporation/
agency not wholly owned, managed or controlled by Govt. or any
private individual for any purpose whatsoever.
‘Forest land’ mentioned in Section 2 of the Act refers,

◦ Statutorily recognised forests whether Reserved forest, Protected forest or
otherwise or any area recorded as Forest in Govt records irrespective of ownership.
◦ Land which are notified under Section 4 of the Indian Forest Act (Supreme Court
Judgement in NTPC case)
◦ It would also include “Forest” as understood in dictionary sense (Supreme Court
order dated 12.12.1996 in WP No.202/1995)
◦ All proposals for diversion of such land to any non-forest purpose, irrespective of
its ownership, would require prior approval of the Central Govt
•Term “Forest” is not applicable to the plantations raised on private

land except the notified private forest.
•However, the felling of trees on these private plantations would be
governed by the various State Acts/ Rules and Regulations.
“non-forest purpose” means clearing or breaking up of any forest land

or portion thereof for,
◦ cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops
(fruit bearing) or medicinal plants or any purpose other than re-afforestation
◦ any purpose other than reafforestation
◦ Mining including underground mining is a non-forestry activity
◦ Renewal of an existing mining lease or continuation / resumption of mining operation
on expiry of mining lease in forest area requires prior approval of Central Govt.
◦ Removal of boulders, bajri, stones etc. from the riverbeds located within the forest
area would constitute a part of the forest & therefore will attract provisions of the Act.
Section 3: Constitution of Advisory Committee,

Central Govt may constitute a Committee consisting of such number
of persons as it may deem fit to advise the Govt with regard to,
i) the grant of approval under Section 2; and

ii) any other matter connected with the conservation of forests which may be
referred to it by the Central Govt
Constitution of Regional Empowered Committee (REC)

Section 4 A: Central Govt by notification in the Official Gazette, shall
constitute a Regional Empowered Committee at each of the Regional Offices.
•Cases in which specific orders for de-reservation or diversion of

forest areas in connection with any project were issued by the State
Govt prior to 25.10.1980, need not be referred to the Central Govt.
•However, in cases where only administrative approval for the project
was issued without specific orders regarding de-reservation and / or
diversion of forest lands, a prior approval of Central Govt would be
necessary.
Forest Conservation Rules, 2003
Submission of Proposals:
•Rule 6 prescribes procedure for submission of proposals for seeking
prior approval of the Central Govt. under Section 2 of the Act.
•All proposals for diversion of forest land for any non forest purpose,
irrespective of its ownership shall be submitted to the Nodal officer of
state /UT concerned online in appropriate form
Every user agency shall make his proposal in appropriate form as

prescribed,
◦ Form “A” for proposals seeking first time approval

◦ Form “B” for proposals seeking renewal of leases, where approval of the
Central Govt had already been obtained and
◦ Form “C” for prospecting of minerals to Nodal Officer of the State /UT
concerned along with requisite information & documents, complete in all
respects.
Submission of Proposals
•Mandatory online submission from 15th July 2014 onwards

•Online submission & monitoring of Environmental, Forests & Wild life
Clearance (www.parivesh.nic.in)
•Authorized person of UA to register online after which User id & Password is
automatically generated & communicated through e-mail
•UA to upload online Part I of relevant Form A/B/C along with all the documents
prescribed using their user id & password.
•On successful uploading of proposal acknowledgement letter is generated
•Status of proposal submitted can be tracked on-line
•All proposals relating to diversion of forest land up to 40 hectares,

proposals for linear projects irrespective of area & clearing of
naturally grown trees for reforestation shall be forwarded by the State
/UT Govt. with its recommendations directly to the Regional Office
(RO) concerned of MoEF & CC.
•State/ UT Govt. shall submit proposals of forest land of more than 40
hectares other than linear projects along with its recommendations to
Secretary, MoEF & CC, GoI
•Regional office will grant in-principle approval to all projects involving forest
land up to 5 hectares other than Mining, Encroachment & Hydel projects
•Regional office shall refer all proposals involving forest land
• above 5 hectares & up to 40 hectares,
• proposals related to Mining, Encroachments & Hydel projects up to 5 hectares &
• all linear projects to Regional Empowered Committee(REC)
•REC shall grant in-principle approval to all the proposals other than proposals
related to Mining, Encroachment and Hydel projects subject to fulfillment of
stipulated conditions
FORM -A, Part I

1.Project Details
• Short narrative of the Proposal & Project/Scheme for which the forest land is
required.
• Map showing the required forest land, boundary of adjoining forest on a 1:50,000
scale.
• Cost of the project.
• Justification for locating the project in the forest area.
• Cost-benefit analysis ( to be enclosed).
• Employment likely to be generated.
2. Purpose wise break up of the total land required.
3.Details of displacement of people due to project, if any:

• No of families
• No of Scheduled Castes/ Scheduled Tribe families
• Rehabilitation Plan (to be enclosed)
4. Whether clearance under Environment (Protection) Act, 1986 is required. Yes/No
5. Undertaking to bear the cost of raising and maintenance of Compensatory
Afforestation and/or Penal Compensatory Afforestation as well as cost for protection
and regeneration of Safety Zone, etc. as per the scheme prepared by the State
Government (undertaking to be enclosed).
6.Details of Certificates/documents enclosed as required under the instructions.
•Project authorities may annex a copy of the approved project/plan

•Map has to be in original & duly authenticated jointly by project
authorities & DCF concerned
•Complete details of alternative alignments examined especially in
case of project like roads, transmission lines, railway lines, canals,
etc. to be shown on map with details of area of forest land involved in
each alternative to be given
•MoEF & CC accords prior approval on proposals of the State/UT

Government in two stages;
• first In-principle or Stage-I approval, and
• second on compliance to the conditions of the in-principle approval, final or
Stage-II approval.
•On receipt of the in-principle approval, DFO shall prepare demand

note containing item-wise amount of compensatory levies (i.e.
Compensatory Afforestation Scheme, NPV, Catchment Area
Treatment Plan, Wild life Management Plan etc.) to be paid by the
User Agency & communicate the same along with a list of
documents, certificates, undertakings to be submitted by UA in
compliance to the conditions stipulated in in-principle approval.
Compliance & Stage II Clearance
•User Agency shall within thirty days of receipt of demand note and
list of documents, certificates and undertakings from the Divisional
Forest Officer make payment of compensatory levies and submit a
compliance report containing a copy of documentary evidence in
respect of the payment of compensatory levies along with
documents, certificates and undertakings indicated in the said list to
Divisional Forest Officer.
•Central Govt on receipt of compliance of conditions stipulated in in-
principle approval shall grant final approval
No additional condition after Centre issues final approval:

◦ While issuing the diversion order, the State/UT Govt shall not impose any
additional condition over and above the conditions stipulated by the Central
Govt in their approval.
◦ However, subsequent to approval granted by the Central Govt under FC Act,
if the State/UT Govt feels exceptional/unforeseen circumstances warrant
imposition of additional condition(s), prior approval of the Central Govt
must be sought by the concerned State/UT Govt justifying imposition of
such additional condition(s)
Meaning of “Linear Projects”
“Linear Projects” means projects involving linear diversion of forest

land for purposes such as roads, pipelines, transmission lines etc.;
Infrastructure projects including Roads….
•Any proposal for linear projects such as roads, railway line,

transmission lines, etc. need to be processed in their entirety for
comprehensive assessment of requirement of forest land and
consequences if approval for any forest land is not granted.
•No work on forest land shall be taken up unless diversion of forest
land is ordered by the concerned State /UT Govt after obtaining
approval of the Central Govt under the Forest (Conservation) Act,
1980.
•Consequent to grant of Stage I approval in respect of linear projects

such as laying of new roads, widening of existing highways,
transmission lines, water supply lines, optic fiber cabling, railway
lines etc. by the Central Govt, the State Govt or a Senior Officer not
below the Rank of a Divisional Forest Officer, having jurisdiction
over the forest land proposed to be diverted, duly authorized in this
behalf by the State Govt can pass an order for tree cutting and
commencement of work of a linear project in forest land for a period
of one year.
•Such orders shall be passed only after full realization of funds for
Compensatory Afforestation, Net Present Value (NPV), Wildlife
Conservation Plan, and all such other compensatory levies, specified
in the Stage I (in-principle) approval from the UA, and where ever
applicable, transfer and mutation of non-forest/ revenue forest land in
favour of State Forest Department.
•Above facilitation is not applicable to the roads falling in the
Protected Areas and the Eco-sensitive zones around the Protected
Areas where impact on Wildlife is to be considered.
•Non-forest lands which were acquired by the concerned Govt

departments for construction of roads/railways/canals and the vacant
areas in the Right of Way (RoW) were subsequently planted and
notified as Protected Forests for management purposes/ recorded as
Forest will attract the provisions of Forest (Conservation) Act, 1980.
Projects in ESZs
•Clarifications on projects requiring prior approval of Standing

Committee of NBWL (SC-NBWL) under the provisions of Wildlife
(Protection) Act, 1972,
• Prior recommendation of Standing Committee of NBWL under the provisions
of Wildlife (Protection) Act, 1972 shall be obtained, if required, for taking
developmental activities in/over an area falling within eco sensitive zones
around notified PAs in addition to prior approval of diversion of forest land
for non-forest purposes if such area involved is "Forests" as defined by
Hon'ble Supreme Court in their order of 12.12.96’.
Survey & Investigation (prospecting of ores)
•Prospecting in National Parks, Wildlife Sanctuaries, Tiger Reserves

shall not be allowed.
•Development projects such as transmission lines, hydro-electric
projects, seismic surveys, exploration for oil-drilling, mining etc. will
not attract provisions of the Act as long as these surveys do not
involve any clearing or cutting of trees, and operations are restricted
to clearing of bushes & lopping of tree branches for purpose of
sighting.
Survey & Investigation
•Prospecting of any mineral, done under prospecting license granted

under MMDR Act, including collection, removal of samples and
seismic survey in the forest land, would be a stage between survey &
investigation and grant of mining lease and as such permission under
the Forest (Conservation) Act, 1980 would be required.
•However, for drilling up to 25 boreholes of maximum 4” dia per 10
sq. km for prospecting, exploration or reconnaissance operations,
without felling of trees, shall not attract the provisions of the Act.
•For prospecting of minerals (including hydrocarbons) which requires drilling of

more than 25 boreholes of maximum 4" dia per 10 sq km or 80 shot holes of 6.5
inches dia per sq km or felling of trees, the following guidelines will be
followed:
◦ For seismic survey prior permission of Central Government under the Act would be
required.
◦ NPV @ 1% will be charged of total lease area proposed for prospecting.
◦ User agency shall apply for diversion of forest area for prospecting and the proposal
will be processed as per the procedure laid down in Rule 5 and 6 of Forest
(conservation) Amendment Rules 2016.
◦ In case of proposal in forest area with vegetation density between 0.1 and 0.4 NPV
@ 2% will be charged for the total lease area proposed for prospecting.
• In case of survey for coal, lignite, ferrous and non-ferrous minerals using
core drilling technology in forest land having vegetation density between
0.4 and 0.7, the State Government shall forward the on-line application
to the Regional Office of the Ministry for approval.
• REC may consider the proposal and may grant approval, with mandatory
conditions that user agency will pay NPV @ 5.0 percent of the total
prospecting lease area in which exploration/prospecting /survey is
proposed.
•Both in-principle and final approval may be granted by the Regional

Office in one go.
•NPV and/or payments towards planting of trees, shall be deposited
online
•State government shall ensure that the NPV and other levies, if any,
have been deposited prior to commencement of actual work.
Guidelines specific to hydrocarbon sector for undertaking seismic

surveys and exploratory drilling in forest areas:
• For the purpose of Seismic survey, the maximum permissible number of shot
holes may be fixed as 80 per sq km of maximum size of 6.5 inch each so that
reliable data can be collected.
• Permission for such temporary activity can be granted at state level
• No tree felling and construction of new roads will be allowed.
•User agency shall plant 110 tall trees per bore hole area and two tall
plants near the shot hole site before leaving the site.
•In case it is not possible to do the same, then user agency shall deposit
cost of two tall plants along with 10 years maintenance cost per shot
hole with DFO concerned.
•State Government shall ensure that the money charged shall be used
to supplement plantation in Degraded Forest area as per Working Plan
prescriptions.
◦However, survey & investigations involving clearing of forest area

or felling of trees, prior permission of Central Govt is mandatory
◦Work of actual construction would however, fully attract the

provisions of the Act & prior clearance of MoEF & CC, GoI must
be obtained even if such work does not require felling of trees.
General approval under Section 2(ii) of FCA,

•for underground laying of optical fibre cables, telephone lines, drinking water
supply Pipelines, CNG/PNG pipelines, electricity cables, slurry pipelines for
transporting mined minerals & Petroleum Pipelines within existing right of
way of roads and not falling in National Parks and Wildlife sanctuaries, without
felling of trees, where maximum size of the trench is not more than 2.00 meter
depth and 1.00 meter width
•UA shall submit scheme for CA
•Shall pay applicable NPV
•In case, the proposed area falls in the RoW of the road passing
through National Parks and Wildlife Sanctuaries, General Approval is
subject to requisite permissions from the State Board for Wildlife.
•If, the proposed area falls in the RoW of the road passing through
Tiger Reserves, General Approval is subject to requisite permissions
from the National Board for Wildlife/NTCA .
7.7 Petroleum Mining

Non-forest use of forest land included in the Petroleum Mining lease under the
Petroleum & Natural Gas Rules under the Oil Field (Regulation and
Development) Act 1954, will be permissible,
• after diversion of forest land involved for undertaking drilling of oil well and
associated activities with prior approval of the Central Government under the FC
Act 1980, and
• payment of NPV for such forest areas.
• NPV so payable will be in addition to NPV payable at the time of approval for the
Grant/re-grant of Petroleum Mining lease.
Compensatory Afforestation (CA)
•Compensatory Afforestation (CA) is one of the most important conditions for

prior approval of the Central Government while approving proposals for
diversion of forest land for non forestry purposes.
• A comprehensive scheme for Compensatory Afforestation (CA) shall be
formulated and submitted to the Central Government.
• CA shall be done over equivalent area of non forest land.
•As far as possible, non forest land for CA should be identified contiguous to or
in the proximity of Reserve Forest or Protected Forest to enable the Forest
Department to effectively manage the newly planted area.
•CA is applicable for all proposals except for proposals of less than or equal to 5
ha having less than 50 tree per ha (average for the whole patch).
•States/UTs having forest land of more than 75% of their respective total
geographical area, shall not be insisted upon providing non-forest land (for
subsequently notifying into RF/PF) equal to the forest area diverted for non-
forest purposes in the same state/UT.
• However, the same may be taken up in any other state/UT having deficient forest
land/cover and having land bank for CA.
•In cases where non-forest land for CA is to be acquired by the User

Agency through outright purchase from the individual owners,
uploading/ submission of copy of letter from each of present owners
of the land stating their willingness to sell the land to the user agency
for creation, at the time of submission of application for grant of
Stage-I approval under the FC Act, will be sufficient for
consideration for grant of Stage-I approval for diversion of forestland
required by the User Agency.
•Similarly, in cases where the non-forest land or the revenue forest

land for CA is to be provided by the State Government,
uploading/submission of a copy of the letter from concerned
competent authority in the State Government stating that land
identified for CA will be transferred and mutated in favour of the
State Forest Department for creation of CA immediately on receipt of
Stage-I approval under the FC Act for diversion of forest land
required by the user agency, will be sufficient.
•Any non-forest land for the purpose of Compensatory afforestation

(CA), selected by the State Government, in lieu of forest land to be
diverted may be accepted by MoEF&CC irrespective of crown
density.
• All such lands shall be mutated in favour of State Forest Department
and declared as Protected Forest prior to Stage I approval.
Special Provisions regarding CA
➢CA shall be raised & maintained at the cost of the UA on degraded

forest land twice in extent of the forest area being diverted in respect
of following cases:
✓minor minerals from the river beds
✓laying of extraction transmission lines up to 220 KV
✓diversion of linear or strip plantation declared as Protected Forest along the
road / rail / canal sides for widening or expansion of road / rail / canal.
✓laying of telephone / optical fibre lines.
Special Provisions regarding CA
• Projects of Central Government / Central Government Undertaking

being implemented by them directly or by the State Govt depts.
• Degraded Forest land for the purpose of CA, selected by State

Government may be accepted by MoEF&CC only if the crown density
of the area is below 40 percent.
Scheme of CA
•Details of non forest or degraded forest land along with land kisam
(for NF), forest type, crown density etc.
•Map showing proposed non forest area identified for CA & that of the
nearby forest area
•Geo-referenced digital maps of CA (Polygon maps with DGPS
coordinates)
•KML file of CA site in polygon
•Detailed work schedule including year wise operations
Compliance under Forest Rights Act 2006
•6. (3) (a) Nodal Officer after having received the proposal under sub-rule (1)
and on being satisfied that the proposal is complete in all respects and requires
prior approval under section 2 of the Act, shall send the proposal to the
Divisional Forest Officer and the District Collector concerned within a period
of ten days of the receipt of the proposal.
•7(e)District Collector shall,
• (i) complete the process of recognition and vesting of forest rights in accordance
with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007) for the entire forest land
indicated in the proposal;
•(ii) obtain consent of each Gram Sabha having jurisdiction over the
whole or a part of the forest land indicated in the proposal for the
diversion of such forest land and compensatory and ameliorative
measures, if any, having understood the purposes and details of
diversion, wherever required; and
•(iii) forward his findings in this regard to the Conservator of Forests;
Special dispensation for Linear Projects:

•For projects like construction of road, canal, laying of pipeline / optical fibres,
transmission lines etc. where linear diversion of forest land in several villages
are involved, unless recognized rights of PTG & Pre-agricultural Communities
(PAC) are being affected, are exempted from requirement of obtaining consent
of Gram Sabha (s) concerned (MoEF Memo 11-9/98-FC,dated 5th Feb,2013)
•In all such cases of diversion of forest land, a certificate in the prescribed
format signed by the District Collector of district concerned should be enclosed
by the User Agency
Certificate to be furnished by District Collectors
Linear Projects (Form I)

•Complete process for identification & settlement of forest rights under the FRA has
been carried out for the entire……hectares of forest area proposed for diversion.
•A copy of the records of all consultations & meetings of Forest Rights Committee (s),
Gram Sabha (s), Divisional Level Committee & District Level Committee are
enclosed.
•Diversion of forest land for facilities managed by the Govt as required under section
3 (2) of FRA have been completed & Gram Sabhas have given their consent for it.
•Proposal doesn’t involve recognized rights of PTGs and Pre-agricultural
Communities (PACs)
Certificate to be furnished by District Collectors
Projects other than Linear projects (Form II)

•Complete process for identification & settlement of forest rights under the FRA has been carried out
for the entire……hectares of forest area proposed for diversion.
• A copy of the records of all consultations & meetings of Forest Rights Committee (s), Gram Sabha
(s), Divisional Level Committee & District Level Committee are enclosed as Annexure.
•Proposal for such diversion have been placed ( with full details in vernacular/local language) before
each concerned Gram Sabha of forest dwellers, who are eligible under FRA
•Each of the concerned Gram Sabha (s), has certified that all formalities/process under the FRA have
been carried out and that they have given their consent to the proposed diversion & compensation &
ameliorative measures if any, having understood the purpose & the details of such diversion. A copy
of the certificate issued by the Gram Sabha of such…….villages is enclosed as Annexure
Clarification of FRA 2006 compliance
•Proposals seeking prior approval of the Central Govt under the F C Act, 1980 for
diversion of plantation which were notified as “forest” on a day less than 75 years
prior to 13th Dec day of 2005 and are located in villages which have no recorded
population of STs as per census 2001 & 2011, are exempted from the requirement
of initiation & completion of process of recognition & vesting of forest rights of
ST & other Forest Dwellers as stipulated in clause (a) read with clause (d) and (g)
of Ministry’s letter dated 3rd August 2009
•In such cases a certificate from the District Collector concerned to that effect that
the forest land proposed for diversion is a plantation notified as “forest” less than
75 years prior to 13th day of December 2005 & is located in villages not having
recorded population of STs, as per Census 2001 & Census 2011
Cost Benefit Analysis
•All proposals involving forest land more than 20 hectares in plains

and more than 5 hectares in hills including roads, transmission lines,
minor, medium and major irrigation projects, hydro projects, mining
activity, railway lines, location specific installations like micro-wave
stations, auto repeater centers, TV towers etc.
Net present Value (NPV)
•Hon’ble Supreme Court of India in its order dated 29th October, 2002
directed that the Net Present Value (NPV) shall be realised in respect
of forest land diverted for non-forestry purposes from all “User
Agencies” in addition to the monies collected for CA etc.
•In 2008, the MoEF issued guidelines for realisation of NPV @ Rs.
4.38 lakh/ha (minimum) and Rs. 10.43 lakh/ha (maximum),
depending upon the quality and density of the forest land diverted.
✓ For calculating the average Net Present Value per Ha. of forest, the monetary value
of following goods and services provided by the forests have been taken into
consideration:
(i) Value of timber and fuel wood
(ii) Value of Non Timber Forest Products (NTFP)
(iii) Value of Fodder
(iv) Value of Eco-tourism
(v) Value of bio-prospecting
(vi) Value of Ecological services of forest
(vii) Value of Flagship species
(viii) Carbon Sequestration Value
Rates of Net Present Value (NPV)
Eco Value VDF DF OF

Class
Class I 1043000 939000 730000
Class II 1043000 939000 730000
Class III 887000 803000 626000
Class IV 626000 563000 438000
Class V 993000 845000 657000
Class VI 991000 897000 699000
•Use of forest land falling in National Parks / Wildlife Sanctuaries will be

permissible only in totally unavoidable circumstances for public interest project
and after obtaining permission from the Hon’ble Supreme court.
• Such permissions may be considered on Payment of an amount equal to 10
(ten) times in the case of National Parks and 5 (five) times in the case of
Sanctuaries respectively of the NPV payable for such areas.
•Non-forest land falling within the National Parks and Wildlife Sanctuaries, if
permitted: NPV payable for adjoining forest area.
•Non-forest land falling within the Marine National Parks / Wildlife Sanctuaries,
if permitted: 5 times NPV of adjoining forest area.
•Re-diversion of already diverted forest land: Normal NPV for re-diverted forest
land, except when such re-diversion is for the same UA and for same project
(i.e. change of land use for the same project for which diversion has been
approved)
•Mining area broken up before 25th Oct 1980: Normal NPV for the Forest area
applicable at the time of renewal of lease
Exemptions from NPV
Category Particulars of Exemptions
Laying of Underground Drinking Water Pipelines up to 4” Full Exemption up to 1 hac, provided no felling of trees is
diameter involved, alternate Forest land is not available, project is of
Electricity distribution line up to 22 KV in Rural Areas non commercial nature & part of Plan/Non Plan Scheme of
the State Govt and area is out side the NP /Wild life
Sanctuary.
Laying of Underground Optical Fibre cable Full Exemption provided no felling of trees are involved and
the area is out side the NP and Wild life Sanctuaries.
Other underground works requiring diversion of Forest land 50% of the normal rates of NPV
Grant of Petroleum Mining Lease under P & NG Rules under 2% of the NPV for the entire Forest land in lease
Oil Field Development (Regulation & Development) Act
1954
Exemptions from NPV
Category Particulars of Exemptions

Underground Mining Surface Strain predicted NPV
by 3 D Subsidence Prediction
Model
Up to 5mm/m NIL
5 mm to 10 mm/m 10% of the normal
rates of NPV
10 mm to 15 mm/m 25% of the normal
rates of NPV
15mm to 20 mm/m 50% of the normal
rates of NPV
More than 20mm/m Normal rates
of NPV
Exemptions from NPV
Category Particulars of Exemption

Wind Energy 50% at the minimum NPV Rate provided minimum
tree felling is involved irrespective of eco-class in
which project lies
Small Hydro-Electric Project (up to 25 MW) 50% of the normal NPV, as granted to the Wind
Energy Projects
Prospecting
Seismic Surveys 1%
Forest Area with Vegetation Density 0.1 to 0.4 2%
Forest Area with Vegetation Density 0.4 to 0.7 5%
Questions, if any.
Thank you.
Implementation of Right to Fair Compensation
and Transparency in LA,R&R Act
in
Scheduled/ Tribal /Forest Areas
Chiranjiv Choudhary IFS

PCCF ( CAMPA & SF)
Govt of Andhra Pradesh
Objectives
 Ensure in consultation with institutions of Local Self
Government & Gram Sabha
a humane
 participative
 informed and
 transparent process for land acquisition
 with least disturbance to owners of land & other affected families
 Provide just & fair compensation to affected families
 Make adequate provision for R & R and
 ensure that cumulative outcome of compulsory acquisition
leads to improvement in their social & economic status.
Background
 1/4th of world’s poor people live in India
 About 15 million rural households are poor & land less
 About 45 million families own less than 0.10 acre.
 Millions of families are without secured legal land
rights
 The average size of operational holdings in India has
diminished progressively from 2.28 ha in 1970-71 to
1.55 ha in 1990-91,1.23 ha in 2005-06 & 1.080 ha
2016. ( India’s Agriculture Census)
 340 million people in India are dependent largely on
Background
 85% of the farmers are Small & Marginal (NABARD
Jan-Feb 2014)
 Small& Marginal holdings constitute about 44% of the
operational land holdings.
 About 65% of the agriculture land is rain fed &
dependent on vagaries of monsoon.
 Shareagriculture in GDP had decreased from 30%
(1990-91) to 14.5% (2010-11)
 52% of the total work force is still employed in
Agriculture
Background
 1947-2000, about 60 million persons were displaced
(Fernandes 2007)
 60% of the displaced are STs & SC families
 STs constitute only 9% of the population, but have
contributed more than 40% of the total land acquired
so far.
 85 lakhs STs were displaced till 1990 due to
development projects (Ministry of Tribal Affairs)
Background
 Areas
inhabited by STs are rich in natural resources
however, these are also pockets of poverty.
 Dependence of STs on land and forest resources for
livelihood support.
 Large
scale land alienation in tribal areas particularly in
Scheduled V areas.
 STs are the biggest victims of displacement due to
development projects
Issues
➢ Nature of Land ownership
➢ Tribal beliefs and culture
➢ Customary & Traditional Tribal Laws
➢ Constitutional safeguards for STs in Schedule V & VI
areas.
➢ Special Laws/Legislations applicable to Tribal Areas
Issues
• Tribal community claim absolute authority over the
land they own/occupy
• Their own system of land holding based on customary
& traditional laws
• Concept of private ownership & legal titles is alien to
tribal society
• Understand land in the traditional framework of
community ownership & individual use
• Community decides about individual ownership
Issues
• Concept of village territory is very strong
• Forests with in the village territory is considered by
tribals as “Village Common property Resource”
• Land is central to their community identity, economy,
history & culture
• In scheduled areas, Govt. alone has the right to acquire
land for public purpose
• Protective land laws, Forest laws & Court orders
Nature of Land Ownership
• Entire village Tribal Community (communal land system
based on “Jhum”)
• Chief land with right to cultivation for individual members
• Clan based land tenure system /ownership
• Individual ownership
• Non tribal land ownership
• Govt. ownership
Legislations Specific to Scheduled V Areas
• Constitutional Safeguards
• Fifth Schedule, Article 244 (1): Provisions as to the Administration and
Control of Scheduled Areas and Scheduled Tribes in any state other than
Assam, Meghalaya, Tripura & Mizoram
 Sub-section(2) of section (5): The Governor may make
regulations for the peace and good government of any area in a
State which is for the time being a Scheduled Area.
 Inparticular and without prejudice to the generality of the foregoing
power, such regulations may—
 (a) prohibit or restrict the transfer of land by or among members of the Scheduled
Tribes in such area;
 (b) regulate the allotment of land to members of the Scheduled Tribes in such area;
 (c) regulate the carrying on of business as money-lender by persons who lend
money to members of the Scheduled Tribes in such area.
Legislations Specific to Scheduled VI Areas
 Schedule VI Areas, Article 244 (20) & 275 (1): Provisions as to the
Administration of Tribal Areas in States of Assam, Meghalaya,
Tripura & Mizoram i.e. autonomous districts & autonomous
regions
 Constitution of District Councils & Regional Councils
 Power to make laws with respect to
(a) the allotment, occupation or use, or the setting apart, of land,
other than any land which is a reserved forest for the purposes of
agriculture or grazing or for residential or other non-agricultural
purposes or for any other purpose likely to promote the interests
of the inhabitants of any village or town.
Legislations Specific to Scheduled VI Areas
 Provided that nothing in such laws shall prevent the compulsory

acquisition of any land, whether occupied or unoccupied, for
public purposes [by the Government of the State concerned] in
accordance with the law for the time being in force authorising
such acquisition;
 Constitution provides protection to STs from alienation of their
land and natural resources to non-STs & other constitutional
entitlements
Legislations Specific to Tribal Areas
 Other Acts/Legislations
Land Transfer Regulation Act / Rules
The Panchayats (Extension to Scheduled Areas) Act

1996 or PESA Act,1996
TheScheduled Tribes and Other Traditional Forests

Dwellers (Recognition of Forests Rights) Act,2006
Legislations to Protect Land Alienation
State Legislations in Main Features
Force
Jharkhand Chhota Nagpur Restricts transfer of land to non
Tenancy Act, 1908 tribals
Sec 46 Allows transfer of ST land to
STs with permission of DC
Sec 49 Allows transfer of ST land to

non-STs with permission of
Revenue Dept for industries &
agriculture purpose
State Legislation in force Main Features
Jharkhand Santhal Pargana Tenancy Prohibits transfer of ST
(Supplementary Provisions) Act, land to non-ST and
1949 restoration of alienated
land from unauthorized
occupants.
Bihar Scheduled Areas Regulation Setting up Scheduled

Act, 1969 Area Regulation Courts
Jharkhand Right to fair Consent of

Compensation & Transparency in GS/Panchayat as per
LA, R & R Rules, 2015 PESA, Quorum shall be
at least 1/3rd to consider
the consent valid
State Legislation in Force Main Features
Orissa The Orissa Scheduled Sec 3 (1) Prohibits transfer of ST
Areas Transfer of land in Scheduled Area: any transfer
Immovable Property (By of immovable property by a member of
STs) Regulation 2 of a ST, except by way of mortgage
executed in favour of any public
1956
financial institution for securing a loan
granted by such institution for any
Agricultural purpose, shall be
absolutely null and void and of no
force or effect whatsoever, unless such
transfer is made in favour of another
member of a Scheduled Tribe.
Orissa The Orissa Scheduled Sec 3(1) (iii) A member of ST
Areas Transfer of shall not transfer any land if his
Immovable Property total land holding after transfer is
(By STs) Regulation 2 reduced to 2 acres in case of
of 1956 (amended in irrigated & 5 acres of un-irrigated
2002) land. However, it is not clear if
this would be applicable in case
of LA by Govt.
The Orissa Land Sec 22: Prohibits transfer of land

Reforms Act, 1960 belonging to SCs / STs to non
SC/STs
State Legislation in Main Features
force
Orissa The Orissa Land Prohibits transfer of land of STs
Reforms Act, 1960 living out side the Scheduled Area.
as amended
Orissa Right to fair Consent of Gram Sabha in SA in
Compensation & accordance to the provisions in
Transparency in PESA Act 1996
LA, R & R Rule
2015 Clause(13)
Clause 41 Prior consent of GS/Panchayat
before publication of notification
for LA in SA
State Legislations in force Main Features
Chhattisgarh M.P. Land Revenue Sec 165(6),168(1), 170,
Code, 1959 170(a) & (b) prohibits
alienation of land and
contains remedy for
restoration of land.
Chhatisgarh Land Requires approval of village
Revenue Code level Gram Sabha for land
acquisition or diversion of
land for industrial purpose
MP land Distribution Applicable in Scheduled
Regulation Act 1964 Area
UP UP Land Law (amendment) Restriction on transfer of
Act 1982 (UP Act No 20 of land by way of sale, gift,
1982) Sec 157 B mortgage or lease or
otherwise to a person not
belonging to ST
Sec 211 Power to evict unauthorized
occupants of land by the
Asstt. Collector
Bihar LARR Rule 2014, Sec20 Consent of Gram Sabha to
be obtained by the Collector
for LA in Scheduled Area
UP Right to fair Compensation In case of a land situated in
& Transparency in LA, R & the Scheduled Area
R (UP)Rules, May 2015 mentioned in the Fifth
Schedule appended to the
Constitution of India, the
consent of the Gram Sabha
shall be sought prior to the
consent of the land owners.
Development Plan as
provided in Central Act for
land belonging to SCs/STs
THE PANCHAYATS (EXTENSION TO THE
SCHEDULED AREAS) ACT, 1996
 Legal recognition of the right of tribal communities to self

governance
 Protective legislative framework to protect tribal land corpus
 Aimed to operationalize decentralization through transfer of
power to the Gram Sabha or Village Assembly
 Restores community’s command over natural resources
 Empowers the Gram Sabha to identify & restore alienated
tribal land
 Protect tribal way of life
 S3. The provision of Part IX of the Constitution
relating to Panchayats are hereby extended to the
Scheduled Areas subject to such exceptions and
modifications as are provided in section 4
 S4. Notwithstanding anything contained under
Part IX of the Constitution, the Legislature of a
State shall not make any law under that Part which
is inconsistent with any of the following features,
namely;
 S4 (a): a State legislation on the Panchayats shall be in
consonance with the customary law, social and
religious practices and traditional management
practices of community resources;
 S4 (b): a village shall ordinarily consist of a habitation
or a group of habitations or a hamlet or a group of
hamlets comprising a community and managing its
affairs in accordance with traditions and customs;
 S4 (c): every village shall have a Gram Sabha
consisting of persons whose names are included in
the electoral rolls for the Panchayat at the village
level;
 S4(d) every Gram Sabha shall be competent to
safeguard and preserve the traditions and customs
of the people, their cultural identity, community
resources and the customary mode of dispute
resolution;
S4.(i) the Gram Sabha or the Panchayats at the

appropriate level shall be consulted before making
acquisition of land in the Scheduled Areas for
development projects and
➢ before re-settling or rehabilitating persons
affected by such projects in the Scheduled Areas;
➢ the actual planning and implementation of the
projects in the Scheduled Areas shall be coordinated
at the State level;
 S4. (k): The recommendations of the Gram Sabha or the
Panchayats at appropriate level shall be made mandatory prior to
the grant of prospecting licence or mining lease for minor
minerals in Scheduled Areas
 S4. (l): The prior recommendation of the Gram Sabha or the
Panchayats at appropriate level shall be made mandatory for
grant of concession for exploitation of minor minerals by
auction.
 S4(m) (iii): State Legislature to vest the power to Gram Sabha &
Panchayats in Scheduled Areas to prevent alienation of land and
to take appropriate action to restore unlawfully alienated land in
Scheduled Area
RoFR Act, 2006
 Broadly provides three kinds of forest rights relating to:
 (i)Tenurial security providing relief against the persistent
physical and psychological threat of alienation from land to the
Scheduled Tribes and Other Traditional Forest Dwellers
(OTFDs);
Livelihood in terms of the agriculture on ‘as is where is basis’
 (ii)
and the ownership of NTFP including rights to collect, trade and
process the same; and
 (iii) Traditional, customary and developmental rights.
 Completion of recognition of rights of occupants of forest land
under FRA is mandatory before any relocation from the forests.
RoFR Act, 2006
 3 (1) For the purposes of this Act, the following rights,
which secure individual or community tenure or both,
shall be the forest rights of forest dwelling Scheduled
Tribes and other traditional forest dwellers on all forest
lands, namely;
 (a) right to hold and live in the forest land under the
individual or common occupation for habitation or
 for self-cultivation for livelihood by a member or members
of a forest dwelling Scheduled Tribe or other traditional
forest dwellers;
Provisions under RoFR Act 2006
 S4. (4) A right conferred under the Act shall be

heritable but not alienable or transferable
 S4(5): save as other wise provided, no member of a
forest dwelling Scheduled Tribes or Other Traditional
Forest Dweller shall be evicted or removed from the
Forest Land under his occupation till the recognition
and verification procedure is complete.
 S4. (8) the forest rights recognised and vested under this
Act shall include the right of land to the Forest Dwelling
STs & other Traditional Forest Dwellers if they were
displaced from dwelling & cultivation without land
compensation and where land has not been used for the
purpose for which it was acquired within five years.
 Section 5 of FRA, Gram Sabha is, inter-alia, empowered to
ensure the decision taken in Gram Sabha to regulate access
to community forest resources and stop any activity which
adversely affects the wild animals, forest and the
biodiversity are complied with.
 S-13: Save as otherwise provided in this Act and

the Provisions of the Panchayats (Extension to the
Scheduled Areas) Act, 1996, the provisions of this
Act shall be in addition to and not in derogation of
the provisions of any other law for the time being
in force.
RoFR Rules, 2007
 Rule 2(1) (b) “bonafide livelihood needs” means

fulfillment of sustenance needs of self and family
through production or sale of produce resulting
from self-cultivation of forest land as provided
under clauses (a), (c) and (d) of sub-section (1) of
Section 3 of the Act
References to RoFR Act in RCFTLARR Act
 S3 (c) “affected family” includes
(iii) the STs and other traditional forest dwellers who have lost
any of their forest rights recognized 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 land is dependent on forests or water
bodies and includes gatherers of forest produce, hunters, fisher
folk and boatman and such livelihood is affected due to
acquisition of land
References to RoFR Act in RCFTLARR Act
➢ S3 (r) “land owner” includes any person, -

(ii) any person who is granted forest rights under the
(Recognition of Forest Rights) Act, 2006 or under any other
law for the time being in force.”
➢ S3 (x) “Person interested” means -
(ii) the Scheduled Tribes and other traditional forest dwellers,
who have lost any forest rights recognized under the
(Recognition of Forest Rights) Act, 2006.”
Relevance of provisions under RoFR Act
➢ FRA provides rights over Forest land but does not give
ownership of the land.
➢ Legal status of land remains as forest land.
➢ However, by virtue of these sections the rights given
over the forest land also makes the right holder an
“affected family”, “land owner” and “person
interested”
➢ Legal status of such family is at par with other land
owners.
➢ Right holders of forest land will be entitled for all the
benefits envisaged under the RCFTLARR Act.
SAMATHA JUDGMENT
 SAMATHA (NGO) filed case in local courts & in High
Court of Andhra Pradesh in 1993 for leasing of land in
Scheduled V areas to private individuals & private
mining companies which was dismissed.
 Transfer of any land in Scheduled Area to a non-tribal
is void under section 3 of AP Scheduled Area Land
Transfer Regulation (II) of 1970.
 Filed SLP in SC in 1993, Appeal (Civil) 4601-02 of
1997, SAMATHA Vs. State of Andhra Pradesh &
Others, 11th July 1997
SAMATHA JUDGMENT
 that ‘person’ would include both natural persons as

well as juristic person and constitutional government
 all lands leased by the Government or its agencies to
private mining companies apart from its
instrumentalities in the scheduled areas are null and
void.
 held that transfer of land to the government or its
instrumentalities is entrustment of public property as
the aim of public corporations is in public interest and
hence such transfers stand upheld.
Highlights of SAMATHA Judgment
 ‘every Gram Sabha shall be competent to safeguard & prevent
alienation of land in the Scheduled Areas and to take appropriate
action to restore any unlawful alienation of land of a scheduled
tribe.’
 Minerals to be exploited by tribals themselves, either
individually or through cooperative societies with the financial
assistance of the state.
 In the absence of total prohibition, the court laid down certain
duties and obligations to the lessee, as part of the project
expenditure: at least 20% of net profits as permanent fund for
development needs, apart from reforestation and maintenance of
ecology.
 Transfer of land in Scheduled Areas by way of lease to
non-tribals, corporation aggregate, etc stands prohibited
to prevent their exploitation in any form.
 Transfer of mining lease to non-tribals, company,
corporation aggregate or partnership firm, etc is
unconstitutional, void and inoperative.
 State instrumentalities like APMDC stand excluded
from prohibition.
 Renewal of lease is a fresh grant of lease and therefore,
any such renewal stands prohibited.
 Reiterated the provision contained in PESA,

1996 stating that Gram Sabha shall be competent
to safeguard & preserve community resources
(i.e.right to selg governance)
 Upheld the constitutional validity of various land
legislations which prohibits/restricts transfer of
land by STs in Scheduled Areas
Relevance of Gram Sabha in Scheduled Area
 a 3 judges’ bench of Supreme Court in Orissa Mining

Corporation Vs. Ministry of Environment and Forest
& Ors. vide W.P.(c) 180 of 2011 on 18-04-2013, held
that
 forest approval cannot be granted for a development
project without the informed consent of the Gram
Sabha, given after proper consideration in a duly
convened Gram Sabha and passed by resolution.
 Court stated that the Gram Sabha is also free to
consider all the community, individual as well as
cultural and religious claim.
Religious and Customary Rights & Gram Sabha
 Violation of Rights of Tribal Groups including PTG

and dalit population: narrow definition of PAFs by
the state is contrary to the letter and spirit of FRA,
2006, simply because they did not live on the hills
does not mean that they have no rights there.
 Customary rights of PTGs is an integral part of FRA,
2006
 Final clearance can be given only after ascertaining
the community rights on the forest land provided
under FRA, 2006
Religious and Customary Rights & Gram Sabha
 Gram Sabha functioning under FRA, 2006 read with

section 4 (d) of PESA Act 1996 has an obligation to
safeguard and preserve the traditions and customs of
STs and other TFDs, their cultural identity and
community resources.
 Upheld the provisions of FRA & various circulars
issued under it which requires prior decision of the
Gram Sabha before their traditional habitat in forest
area are diverted for non-forestry purpose.
Mandatory Gram Sabha Resolution
 WP No 31197 of 2013, High Court of Andhra

Pradesh on 04-03-2014: LA proceedings without
complying with the provisions of S 4(i) of the PESA
Act, 1996 is illegal, respondents are directed to
comply with the provisions of S 4(i) of PESA Act
and further steps only after consulting the Gram
Sabha.
 Consent of GS will be in the form of resolution.
Compensation to owners under RoFR, Act
 WP No 110253 of 2016 (LA RES) of High Court of

Karnataka, Dharwad Bench on 21-03-2019:
compensation has been denied on the ground that the
land belongs to Forest Dept and the claimants have
no right over the same despite rights granted under
section 3 (1) (a) of FRA, 2006
Provisions in LA Act for Scheduled Area
• S2.(2b): No land shall be transferred by way of
acquisition, in scheduled areas in contravention of any
law relating to land transfer in scheduled area.
 S11(2):Immediately after issuance of the notification
under sub-section (1), the concerned Gram Sabha or
Sabhas at the village level municipalities in case of
municipal areas and the Autonomous Councils in case
of the areas referred to in the Sixth Schedule to the
Constitution, shall be informed of the contents of the
notification issued under the said sub-section in all
cases of land acquisition at a meeting called especially
for this purpose.
• S17.(5): consultation with the Gram Sabha in

Scheduled areas shall be in accordance with the
provisions of the Panchayats (Extension to the
Scheduled Areas) Act,1996
• S41. (1): As far as possible, no acquisition of land
shall be made in Scheduled Areas
• S41.(2): Where such acquisition does take place it
shall be done only as a demonstrable last resort.
 S41.(3): prior consent of concerned Gram Sabha or

Panchayat or Autonomous District Councils at the
appropriate levels in Scheduled Areas shall be obtained
in all cases of land acquisition or alienation including
acquisition under urgency clause, before issue of
notification under this Act or any other central Act or a
State Act in force.
 Consent of Panchayats or the Autonomous Districts
Councils shall be obtained in cases where Gram Sabha
does not exist or has not been constituted
Provisions in LA Act for STs & SCs
• S41 (4): for projects involving involuntary
displacement of STs or SCs, a Development Plan
shall be prepared, in such form as may be prescribed,
laying down details of procedure for settling of land
rights due, but not settled & restoring titles of STs as
well as SCs on alienated land by undertaking a special
drive together with land acquisition.
• S41 (5):The Development Plan shall also contain a
programme for development of alternate fuel, fodder and,
NTFPs on non-forest land with in a period of 5 years,
sufficient to meet the requirement of Tribal communities as
well as SCs.
• S41 (6): in case of STs or SCs at least 1/3rd of
compensation amount due shall be paid to affected families
initially as first instalment & the rest shall be paid after
taking possession of the land.
• S41 (7): affected ST families shall be resettled preferably in
the same Scheduled Area in a compact block to retain their
ethnic, linguistic & cultural identity.
 S41 (8): the resettlement area predominantly inhabited
by SCs and the STs shall get land, to such an extent as
may be decided by the appropriate Govt. free of cost
for community & social gatherings.
 S41. (9): Any alienation of tribal land or land
belonging to SCs in disregard of the laws & regulations
for the time being in force shall be treated as null &
void, and in the case of acquisition of such land, the R
& R benefits shall be made available to the original
tribal land owners or land owners belonging to SCs.
 S41 (10): Affected STs, other traditional forest dwellers
and the SCs having fishing rights in a river or pond or a
dam in the affected area shall be given fishing rights in the
reservoir area of irrigation or hydel projects
 S41. (11): where the affected families belonging to SCS or
the STs are relocated outside of the district, they shall be
paid an additional 25%, R & R benefits to which they are
entitled along with one-time entitlement of Rs.50,000/
 S42 (1) All benefits including reservation benefits
available to the STs and the SCs in the affected area shall
continue in the resettlement area.
Provisions in LA Act for Scheduled Areas
 S42. (2) When affected families belonging to STs
residing in Schedule V or VI areas are relocated outside
those areas, than all the statutory safeguards,
entitlements & benefits being enjoyed by them shall be
extended to the area to which they are resettled.
 S42 (3): Where the community rights have been settled
under the provisions of RoFR Act 2006 Act, the same
shall be quantified into monetary amount & be paid to
the individual concerned who has been displaced due to
LA in proportion to his/ her share in such community
rights.
Way Forward…
• Transparency & simplification of Land
Administration
• Adoption/recognition of Community land ownership
principle
• Prior informed consent of the community
• Consent and approval of village community /
traditional local institutions concerned
• Dissemination of information & transparency in land
acquisition principle, process & payment of
compensation
Way Forward…
• Settlement of rights as provided in Forest Rights

Act, 2006
• Recognise & respect their cultural & traditional
rights, customs & values.
• The Extension of Panchayat in Scheduled Areas
(PESA), 1996 must be honoured in any acquisition
in scheduled areas and constitutionally entitled Gram
Sabhas need to be taken into confidence to make the
process more transparent.
Way Forward…
• An opportunity to promote cultural facilities,
educational & social infrastructure etc. and win
support.
• Liberal implementation of R & R, as an opportunity
to provide enhance socio-economic status
• Institutional mechanism for redressal of grievances in
a transparent manner
• Minimize acquisition of land
• Land owners to be made as partners/stakeholders in
the development
Questions /Suggestions?
Thanks.
Village
Development Plan
Pranay Kumar
Why ?
 The Constitution (Eighty-Ninth Amendment) Act, 2003
 Article 338A states the Establishment of National Commission
for the Scheduled Tribes. The Article states that the
Commission shall have the power to regulate its own
procedure and states the duty of the Commission. The duties
include:
 Investigate and monitor all matters relating to the safeguards
provided for the ST under this Constitution or under any other
law, Govt. order for the time being in force.
 Inquire into specific complaints with respect to the deprivation
of rights and safeguards of the Scheduled Tribes.
 Make such reports and recommendations for the effective
implementation of safeguards and other measures for the
protection, welfare and socio-economic development of the
Scheduled Tribes.
Why ?
 PESA Act 1996:The Panchayats (Extension to the Scheduled Areas) Act
1996
 Section 4(b): The ‘village’ under PESA is the fundamental unit of

governance.
 Section 4(c): The Gram Sabha consisting of persons whose names are
included in the electoral rolls. This is not the same as the Gram Panchayat.
 Section 4(d): The Gram Sabha shall be competent to safeguard the

traditions and customs, cultural identity, community resources and the
customary mode of dispute resolution.
 Section 4(i): The Gram Sabha or the Panchayat shall be consulted before
making the acquisition of land for development projects and before re-
settling or rehabilitating persons affected by such projects.
 Section 4 (m) (iii): The power to prevent alienation of land and to take
appropriate action to restore any unlawfully alienated land of a Scheduled
Tribe.
Provisions of RFCTLARRA 2013
 Section 41:
 Separate development plans to be prepared,
 settle land rights before acquisition;
 provision of for alternate fuel fodder, non-timber produce on forest
land to be developed within 5 years;
 1/3rd compensation amount to be paid as first installment and rest at
the time of taking possession; ST to be resettled within Scheduled
area;
 land free of cost for community purpose;
 land alienation will be null and void and ST and SC considered for R&R
benefits;
 fishing rights restored in irrigation and hydel projects; if wish to settle
outside the district additional benefits to be provided in monetary
terms;
 all rights enjoyed under other laws will continue.
 Second Schedule: additional provisions for SC&ST for land for land in
irrigation projects, additional sum over and above the subsistence grant,
How to assess
• A distinct, vulnerable, social and cultural group
possessing
the following characteristics in varying degrees:
i. self-identification as members of a distinct
indigenous cultural group and recognition of this
identity by others
ii. collective attachment to geographically distinct
habitats or ancestral territories in the project area
and to the natural resources in these habitats and
territories
iii. customary cultural, economic, social, or political
institutions that are separate from those of the
dominant society and culture
iv. a distinct language, often different from the
official language of the country or region
5
Guiding Principles
Guiding Principles Input Activities
Free • Broad based meetings at village level
• Include representatives from all community sections and hamlets
• Landless and poor in the community contributed in the village plan
making process
• Poor and remotely located households within village should also
represented
• All community sections including women and youth participated
Information • Proper information and sufficient time to attend the meeting

• Agenda for the meeting to be shared
• The place and time were decided
• VDP provisions were shared
Participation • All available persons and decision makers participation at one
meeting at the other
• Women should be discussed in smaller groups
• Methods of implementation
• Duration
• Group benefits versus Individual benefits.
• Sharing development
• Understanding the project and need of development plan.
Consent
Tribal Development Plan
Contents
 Life style
 Type of house and its design
 Ethnic profile
 Social profiling
 Family type- Nuclear/joint
 Age distribution
 Language
 Religious belief
 Cultural Profile
 Festivals
 Mobility to nearby village
 Fuel and fodder

 Assessment of tenancy rights
Development Activities
• To develop the basic amenities of the villages
• Promoting health and nutrition status
• To provide benefits of the project in influence area
• In order to have to participation the plan has to be prepared
in consultation with the people of the village.
• To empower the people particulars women
• The development plan include livelihoods, agricultures, civic
communities etc.
Consent Requirements across Project Types and Sites {u/s 2 (2)}
Consent
Gram Sabha/ Panchayat/
Protect Type + Area
Land Owners and Tenants Autonomous District
Council
Public + Non-Scheduled
Not required Not required
Area
Public + Scheduled Area Not required Required
PPP + Non-Scheduled Area Required (70%) Not required
PPP + Scheduled Area Required (70%) Required
Consent Private + Non-Scheduled
Required (80%) Not Required
Area
Private + Scheduled Area Required (80%) Required
i. “Scheduled Areas” means the Scheduled Areas as referred to in Clause (1) of Article 244 of the
Constitution. The Act extended the provisions of Panchayats to the tribal areas of nine states that have
Fifth Schedule Areas.
ii. Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA is a law enacted by the Government of
India to cover the "Scheduled areas", which are not covered in the 73rd amendment or Panchayati Raj Act
of the Indian Constitution. It was enacted on 24 December 1996 to enable Gram Sabhas to self-govern
their natural resources. It is an Act to provide for the extension of the provisions of Part IX of the
Constitution relating to the Panchayats to the Scheduled Areas.
iii. The _______ project falls under Category 1 - (Public + non-scheduled area) as mentioned above and
01-07-2022
does not require consent from the Land Owners and Tenants or the Gram Sabha/ Panchayat.
Public Hearing
 Main Concern
 Compensation
 Ownership and land
measurement
 Land settlement
 Fear of occupational
opportunities
Stakeholders engagement Plan
 Consultation with Tribal People

• Increase the awareness level of the people about the proposed
scope and benefits
• Share the expected benefit of the project
• Enhance the level of participation of the tribal population in the
Project implementation stage
• Ensure project benefit to all tribal inhabitants
• Understand roles and responsibilities of the stakeholders during
various stages of the project implementation, O &M phase
Stakeholders engagement Plan
▪ Ascertain the views of the communities, with reference to the
project, and resettlement impacts;
▪ Understand views of the community on resettlement issues
and rehabilitation options;
▪ Identify and assess the major socio-economic characteristics of
the villages to enable effective planning and implementation;
▪ Obtain opinion of the community on issues related to the
impacts on community property and relocation of the same;
▪ Examine APs’ opinion on problems and prospects of road
related issues;
▪ Identify people's expectations from projects and their
absorbing capacity;
▪ Understand concerns and expectations specific to women,
vulnerable groups, the business community and farmers;
▪ Identify the overall developmental goals and benefits of the
project;
Open Session
20 minutes for discussion amongst group
5 minutes to each group presentation
 Group I
 Ascertain Cultural and Religious issue
 Group II
 Legacy Issue of land
 Group III
 Development Activities
 Group IV
 Stakeholder engagement Plan
SOCIAL IMPACTS &
IDENTIFICATION TOOLS
Dr. Reshmy Nair

Professor & Director
Centre for Excellence in Management of Land Acquisition,
Resettlement and Rehabilitation, ASCI, Hyderabad
reshmy.asci@gmail.com/reshmy.nair@asci.org.in
Impacts/Risks across Projects/Sectors
Urban projects (sanitation, infrastructure etc)

Hydro/Mining Projects ✓ Physical displacement
✓ Physical displacement ✓ Economic displacement-varied segments.
✓ Economic displacement ✓ Impacts on squatters/mobile enterprises
✓ Socio-cultural impacts
✓ Impact on physical infrastructure Water/Gas/Oil Pipelines
✓ Access related impacts ✓ Restrictions on cultivation
✓ Impacts on Host communities Resettlement ✓ Restriction on construction of structures
Impacts/ ✓ Displacement for Safety Considerations
Risks ✓ Fall in value of land for owner
Roads and Highways
✓ Through forests-Impact on IPs
✓ Partial land acquisition/varied
impacts on economic livelihood Transmission lines
✓ Temporary impacts ✓ Restrictions on cultivation (height)
✓ Access related impacts ✓ Restriction on construction of structures
✓ Impacts on squatters ✓ Displacement for towers
✓ Fall in value of land for owner
Magnitude/Scale of risks will vary:

▪ between Sectors/Project to project
▪ vulnerability of affected people (poverty levels, lack of resilience, social
exclusion etc)
IGORNING ALTERNATIVES & IMPACT
PROJECT DELAY– MUCH DELAYED DAM
PROJECT (NE)
Original dam axis proposed by the CWC was located on the

Namprikdang Mela ground.
However, it was recognised that despite a substantial

reduction in the FRL, it would not have been possible to
avoid damage to the Mela ground due to construction
activities. Traditional Folk dance at Namprikdang
Mela Ground during Namsoong Festival
A reconnaissance survey was therefore carried out for
locating the most promising dam location in place of the
original one selected by CWC.
1.Downstream of Rang-Rang Nallah
2.Downstream of Runchhu Adit
3.Upstream of Runchu Adit
4.Sankalang Bridge
Out of the four alternatives considered (explained above),

one alternative was FINALLY selected
IGNORING ALTERNATIVES & IMPACT
Stretch of road in-completed because Additional Displacement

of not shifting temple necessitated because of
sacred tree
PROJECT DELAY– ROAD PROJECT-4 YRS
1. Technical alignment avoided displacement of 9 residential cum

commercial structures
2. Ancient tree coming within RoW to be cut
3. People ready to relocate near area; tree cannot be cut; no land
nearby to relocate
4. Road project incomplete. Status quo prevails
Impacts Often Ignored
Relocation Site
▪ Closer to the
affected areas
▪ Accessible via
existing roads
Physical amenities & sustainable arrangments

•Water Supply
• Sanitation
• Street lights
IMPACTS OFTEN IGNORED
Jharia Resettlement, India
• Produces finest quality coal

in India
• Underground fires and

emission of poisonous
gases-extremely dangerous
living environment.
• Requires resettlement of
about 1 lakh population to
outside the area.
• Resettlement remains a
dream…
Consultation-ignored Aspects
Experiences: Several Unsuccessful Examples

1. Resources constraint/sharing
2. Perception of being ‘left out’ from benefits
3. Socio-cultural-religious differences
4. Affluence in midst of poverty
INVOLVEMENT OF THE HOST

COMMUNITIES A MUST
• Consultations essential for social integration

• Socio economic surveys to assess the impact
on host communities
• Mitigation measures for adverse impacts
• Set up a GRC in host communities
IMPACTS OFTEN IGNORED
• Vacant Resettlement
Centres
• People agreeing and
shifting back (leasing out)
• Site with forest/grazing land near preferred in rural areas

Good Practice-Monetary assistance for fuel/fodder till replacement (5 years)
• Lay out of plots in line with socio-economic-cultural variations of PDFs
• Communal conflicts
• Conflicts regarding plot
allotment within the colony
Common Mistakes in Impact Identification
Project Scenario Tools for Identification

Fathma Begum is one of the 350 people to be 1. Can you share the first social
physically relocated by the Mining Project impacts in a project involving
project. “Our miseries began much earlier”, she displacement?.
says 2. How do you identify these?
Fatima has two sons; the elder one will be
married next month; the house in the How do you assess the resettlement
resettlement centre seems too small. units?
Fathma’s neighbour has been cultivating the When and how do you identify
land with informal arrangement with landowner livelihood dependents on land?
Fathma shares the experience of his old
neighbour’s father who can be seen roaming What is this impact called? How would
with imaginary cattle and an imaginary plough. such people be identified?
Fatma feels she will be not welcome by the 1. How do we assess these?
families staying near their Resettlement Centre 2. What could be the reasons?
Fatma does not spend money for water and How do we holistically assess the
firewood in the present but she is told people of impact of the project on Fatima’s
the new locality have to pay user charges family
Common Mistakes in Impact Identification
Project Scenario Tools for Identification

Fatma does not feel secure with new people in her What do you need to do to ally her
area. Her neighbour says that the labour colony is concerns?
being constructed next to their village
She has two plots of land she claims will loss How do we assess her claim?
access to access when land is acquired for the
colony?
The resettlement centre will still take time to What are the potential risks? How
construct. Till then, they have to move to a transit would you identify these
accommodation. Her daughters school will be far.
Who will be around to give her company?
Fathma seems to have some new neighbours who How do we identify new entrants?
have suddenly appeared. What are the tools available?
Fathma is not as bothered about relocating as Is this an issue that merit attention
about leaving behind the ancestors’ spirits of project planners? How?
Fathma says there has been multiple surveys by Beyond identification of impacts,
project, yet she is not confident of her future given what are other critical requirements
outcomes of similar projects. for managing social issues
IMPACT IDENTIFICATION TOOLS-PRESENTATION PLAN
1. LARR Planning Surveys & Physical Verification

❖ Land survey and census survey
❖ Assessing Livelihood Loss
❖ Vulnerable groups Identification
❖ Socio-economic surveys
2. Consultation & PRA Tools

❖ Meaningful consultation
❖ Participatory planning tools
3. Technology Support in LARR Excerpts from SIA Studies

❖ Land Use ❖ Social Impact Mitigation Plan
❖ Alternative analysis ❖ Grievance redressal mechanism
❖ Authenticating claims ❖ Staffing arrangements
❖ Monitoring ❖ Estimated Budget of LARR
LARR Planning-Critical Data
I. ASSESSMENT OF PROJECT AREA-RECORDS/PHYSICAL VERIFICATION/ CENSUS
❖ Nature, present use & classification of total land in the project area (each plot)
❖ Conflicts - in ownership, extent of area, type of land
❖ Project impacts, if any on neighbouring lands (access, landlock areas etc.)
❖ If agricultural land, irrigation coverage and cropping patterns
❖ Land prices in the affected area
II. ESTIMATION OF AFFECTED/DISPLACED FAMILIES-CENSUS SURVEY
❖ Demographic details of the affected families (losing land/livelihood) and Displaced
Families (losing residential space) in the project area- Age, sex, caste, religion,
education. The different categories include:
✓ Landowners whose lands are under acquisition
✓ Tenants/Labourers or occupy/earn primary source of livelihood from the land
✓ Indigenous people
❖ Magnitude of Impact-Total Land Owned and Land Acquired
❖ Vulnerable households-women headed, landless, differently abled etc.
❖ Rehabilitation/Resettlement Options of affected families
III ASSESS SOCIO-ECONOMIC LIFE OF AFFECTED-SOCIO-ECONOMIC SURVEY

❖ Socio cultural life of community and religious practices
❖ Standard of living-monthly income, sources of income, expenditure, durable assets etc.
❖ Perception/Concerns of the community regarding the adverse impact of project
LARR Planning-Critical Data
IV Recording Immovable Assets- Physical Measurement & Technology
❖ Residential structures (houses, apartments, informal dwellings)
❖ Commercial Structures (shops, factories etc)
❖ Non-residential structures (livestock sheds, storage facilities, fences)
❖ Other Assets on land (crops, trees, wells etc)
❖ Common Property Resources (grazing land, fuel)
❖ Social Infrastructure (schools, hospitals, PDS)
❖ Economic infrastructure (roads, bridges, irrigation etc.)
❖ Cultural Property (burial grounds, monuments, sites of religious/cultural importance).
❖ Other physical Infrastructure (water supply, sewage systems) etc.
V Resettlement Area & Host Community-Consultation and Sample Survey
❖ Access to livelihood resources
❖ Socio-economic and religious characteristics
❖ Capacity of existing health and education facilities
❖ Infrastructural gaps and pressing requirements of the host population
VI Mitigation Plan
❖ Develop Social Impact Mitigation Plan
❖ Grievance redressal mechanism
❖ Staffing arrangements
INDICATIVE SOCIAL RISKS & IMPACTS
Duration Impacts
Pre-construction • Threat to human security–personal/communal/inter personal
• Interruption in the delivery of services
• Risks on vulnerable
• Drop in productive investment & Land speculation
Construction • Impact on Environment & Eco-System Services
• contestation & conflicts over land and natural resources
• Displacement/relocation related impacts
• Impacts on local land use patterns
• Land access & availability
• Food security
• Differential impacts on various categories
• Issues associated with Labour Influx
• Labour engagement-discrimination, forced & child labour
• Gender based violence risks
• Occupational health and safety
• Community health and safety
• Risks to cultural heritage
Operation • Occupational health and safety
• Community health and safety
• Gender-based Violence Risks
• Reduction in employment opportunities for locals
• New patterns of social organisation
De-commissioning • Loss of economic opportunities, Environmental degradation
SIA-Survey (Land)
Data Objectives
Review of
▪ Ownership status- identification of public/ private land
Revenue Maps
▪ Land Tenure status-present users/occupiers of land
Land Records &
▪ Present use of land-agricultural, commercial;
Physical
▪ Common property resources-dependence of people
Verification
▪ Public/community infrastructure- likely to be affected
➢ Where the required land is located?

➢ What is the extent of land required for the project?
➢ What type of land it is – farm, non-farm, community, forest, etc?
➢ Who owns the land required?
➢ Who is using the land presently?
➢ What is the current use of this land - agriculture, housing, commercial etc.?
➢ Are there any conflicts - in ownership, extent of area, type of land, utilization
➢ Are there issues in land records?
Sample Land Record Documents (Land Schedule)
Sample Land Record Documents (Record of Rights)
Sample Land Record Documents (Pattadar Passbook)
Census for complete inventory and Database
Data Information to be Collected
Enumeration of ▪ Affected households (full demographic data)
all affected ▪ Structures (residential/commercial/livestock)
households and ▪ Immobile assets (wells, bore wells, etc.)
▪ Impacts on livelihood arising out of the project impacts
their assets
▪ Loss of access to Common Property Resources (CPR)
through survey
▪ Loss of access to infrastructure and civic amenities
The census is a process for compiling a 100 per cent sample of individuals,
households and businesses (formal or informal) who will be physically and/or
economically displaced by a project.
ONE TIME CAN NEVER GET YOU RIGHT- Reach out to the community
and make corrections after first round??
The census provides essential information about:

▪ Scale of resettlement (number of people affected, by category);
▪ Nature of the impacts (loss of land, structure, source of livelihood etc.);
▪ Types of losses that require mitigation.
SIA Excerpts-Result of Land and Census Survey
Classification as Claimants in Primary Present

Sy. Extent Classif Extent
Sub-division No. per 1974 Fair Survey Status
No. (Acres) ication (Acres)
Adhangal
Kavuluru Venkat Kouluru Sreenivasulu, Orchard
Reddy Reddy, Lakshmikar
7 3.51 UAW 3.51
Reddy, Radhakrishna
Reddy Claims 1.17 acres
METH Wasteland for
8 P 27.09 ABEED 27.09 Fodder
U
9 7.91 UAW 7.91 GWL
13 1p 0.89 UAW 0.89 GWL
GWL P. Chinna Vekata Subba Orchard
13 3 2.67 UAW 2.67
Reddy claims one acre (Mango)
GWL • Kovuluri Uma Devi
claims 63 cents in this
survey number Orchard
14 2 3.66 UAW 3.66
• Choudavaram
Senkaraiah claims one
acre
GWL C. Saralamma claims Orchard
14 3 2.30 UAW 2.30
1.60 acres
GWL C. Jayamma claims Orchard
14 4 0.67 UAW 0.67
entire 67 cents
GWL C. Jayamma claims Orchard
15 2 0.45 UAW 0.45
entire 45 cents
GWL • P. Subba Rami
Reddy claims 71 cents Orchard
15 4 2.12 UAW 2.12
• C. Jayamma claims
entire 2.12 acres
GWL Choudavaram
16 1 1.85 UAW 1.85 (7.85) Senkaraiah claims 1.85
acres
16 2 4.94 UAW 4.94 GWL
18 1 0.64 UAW 0.64 GWL
GWL S. Chirmalaiah claims the
18 3 0.27 UAW 0.27
entire 27 extents
LandCensus
Excerpts from Ownership Issues Enquiry
(Magnitude of Impact)
Results of Census Survey and Verification by District
Less
S. Total Affected 100% 51-99% 25-50%
Name of HH Caste % than
No area portion loss loss loss
25%
Category 0.005 to 0.01
Grandhe Sivakumar, S/o
27 OC 1.59 0.01 0.63 1
Srinivasudu
Pogili Lakshmamma
127 (Late), M/o Ramachandra OC 0.01 0.01 100.00 1
Reddy
Total 1.60 0.02 1 0 0 1
Category Above 0.01 to 0.05

116 Kotaru Venkataramana OC 0.19 0.03 16.22 1
29 Lavuluru Indiramma OC 0.58 0.04 6.03 1
67 Galla Gangamma OC 0.09 0.05 50.00 1
50 Bathala Eswaramma OBC 0.16 0.05 31.25 1
1.02 0.16 0 0 2 2

Kotaru Nagaratnammu
65 OC 0.60 0.06 10.08 1
W/o Srini Vasuln
48 Pulaganti Narasimhulu OBC 0.74 0.07 9.52 1
53 Pullaganti yanadi OBC 0.07 0.07 100.00 1
60 Papireddygari Mangamma OC 2.32 0.10 4.09 1
Mallikarjuna S/o
96 Anumalagundam OC 0.10 0.10 100.00 1
Venkatamma
3.82 0.40 2 0 0 3

Mangla. Pradeysi W/o
54 OBC 0.11 0.11 100.00 1
M.Sumithra
71 Pulaganti Lakshmamma OBC 0.24 0.11 46.81 1
Pullamganti Gangaiah,
51 BC-A 0.12 0.12 100.00 1
P.Subbaiah
118 Modi Siddaiah (Late) SC 0.12 0.12 100.00 1
Peramburu Chinna
115 OBC 0.16 0.13 81.25 1
Penchalaiah
107 Hanumanthu Eswaramma OC 0.58 0.13 22.41 1
47 Pulaganti Narasimhulu OBC 0.74 0.14 19.05 1
Vesam Ramachandra
33 OC 5.93 0.15 2.53 1
Reddy
94 Amarasani Narasimulu OC 0.15 0.15 100.00 1
38 Chavdavaram.Senkaraiah SC 2.35 0.16 6.81 1
21 Poli jayamma oc 0.17 0.17 100.00 1
87 Poli Narayanamma OC 0.17 0.17 100.00 1
120 Gunipati Kesavulu OC 3.68 0.17 4.48 1

Excerpts from SIA-Result of Census Survey (MagnitudeCMLARR
of Impact/
Vulnerable Households) 2018
ANNEXURE – VIII
MAGNITUDE OF IMPACT ON LANDHOLDING ACROSS CATEGORIES
Acquisit
Name of
Affect ion /
Sl. Head of HH Total Balanc Study District
GPU Name ed Loss
No. (Land Area e Area Estimate Office
Area Rate
Owner)
(%)
1 Barfok Tashi 0.3940 0.3940 0 100.000 Landless Landless
Longdong Choden
Lepcha
2 Barfok Late 0.9280 0.0720 0.8560 7.7586 Marginal Medium
Longdong Tenzing
Dadul
3 Barfok Chugay 2.3360 0.6280 1.7080 26.8836 Small Small
Longdong Lepcha
4 Barfok Mikmar 1.1080 0.9260 0.1820 83.5740 Marginal Medium
Longdong Lepcha
5 Barfok Edong 1.3220 0.3120 1.0100 23.6006 Small Medium
Longdong Lepcha
6 Barfok Laxman 7.3360 0.4760 6.8600 6.4885 Large Medium
Longdong Lepcha
7 Barfok Yangdup 3.7080 0.4740 3.2340 12.7832 Medium Medium
Longdong Lepcha
8 Barfok Atop 1.0160 0.0920 0.9240 9.0551 Marginal Medium
Longdong Lepcha
9 Barfok Tingay 5.6360 0.1920 5.4440 3.4067 Large Medium
Longdong Lepcha
10 Barfok Amdok 2.0200 0.3220 1.6980 15.9406 Small Medium
Longdong Lepcha
11 Barfok Lt.Topden 1.7080 0.0700 1.6380 4.0984 Small Medium
Longdong Lepcha
12 Barfok Norgay 4.9340 0.9380 3.9960 19.0109 Medium Medium
Longdong Lepcha
13 Barfok Sonam 0.0110 0.0110 0 100.000 Landless Large
Longdong Choda
Lepcha
14 Barfok Lt.Ronglokc 1.0260 0.3300 0.6960 32.1637 Marginal Small
Longdong hen
Lepcha /
Chungchu
ng Lepcha
15 Barfok Lt.Ronglokc 0.6800 0.6800 0 100.000 Landless Small
Longdong hen
Lepcha /
Jorden
Lepcha
16 Barfok Karma 1.3420 1.0420 0.3000 77.6453 Marginal Marginal
Longdong Topden
Lepcha
17 Barfok Dubo 4.0780 3.9560 0.1220 97.0083 Marginal Marginal
Longdong Tshering
Lepcha
18 Hee- Late 0.8850 0.7020 0.1830 79.3220 Marginal Marginal
Gyathang Keyongdu
p Lepcha
Excerpts from SIA-Result of Census Survey (Vulnerable Households)
ANNEXURE – IX
DETAILS OF WOMEN-HEADED HOUSEHOLDS
Name of Head Total Monthly
S. No of
GPU Name of HH (Land Major Occupation Earning REMARKS
No. members
Owner) (in Rs.)
Landowners
1 Mangshila-Tibuk Pabitra Limboo 5 Allied Agriculture 3,000 The only earning member (a widow) aged
37 years having 3 chldren (2 minors and 1
adult daughter)
2 Mangshila-Tibuk Sushila 2 Farming 8,000 The only earning member (a widow) aged
Pradhan 33 years having one minor daughter.
3 Ramthang Tangyek Karma Tempa 6 Agricultural Labour 1,070 Only one female earning member aged
Lepcha 35 years.
4 Tingchim Chandey Reemu Lepcha 3 Farming 9,000 The only earning member is a widow
aged 50 years having two adult children.
Non-title Holders
5 Tingchim Chandey Dhan Kesari` 1 Farming Not Known She is the only member of her family.
Tamang Unable to specify her monthly income.
6 Tingchim Chandey Santa Maya 1 Allied Agriculture Not known She is a destitute staying alone in the
Chettri affected area with limited income and
little basic amenities.
7 Tingchim Chandey Renu Mangei 3 Allied Agriculture 6,000 She is the only earning member in a 3-
member family comprising of two minor
children presently studying.
Excerpts from SIA- Entitlement for Vulnerable People (Sample)
Vulnerable Households
Vulnerable Households: Vulnerability may not be project-induced, but that

which exists because of their socio-economic conditions. Such pre-existing
conditions may get accentuated by the project-induced impacts:
(i) Land owners who become landless/marginal after acquisition: Land
for land/additional compensation for 1 ha of land, if government land is not
available; provided in the EMP) and an additional recommendation of
special priority for facilitating land purchase in case of the most vulnerable
households (belonging to landless category
• Vulnerable Women-headed households: Additional rehabilitation grant of
Rs. 75000/- and priority in self employment/skill building initiatives
• Families with Disabled Members: free treatment in project hospital and
financial sponsorship in Projectsempanelled hospitals).
• Elderly population (with high support needs): Rs. 1 lakh as medical
allowance for the 70 plus and Rs. 2 lakhs as medical allowance for the 80
plus category/Medical care access/sponsorship
• Indigenous people: IPDP
Centre for Management of LARR, ASCI
Survey (Socio-economic)
Data Information to be Collected

Entire Sample (Small • Poverty levels – Income, Expenditure, MPI
projects)/ • Land-use and livelihood
20-25 Percent Survey of • Kinship pattern and women’s role in family
affected population using • Social and cultural organisation
household questionnaire • Administrative/Political organisation
• Civil society organisations and movements
• Quality of Living Environment: Perceptions, Safety
Issues
Socio-economic Survey (SES)
▪ Supplements survey data

▪ Partial survey of PAFs included in census to prepare profiles of PAFs.
▪ Helps determine socio-economic conditions of displaced people
▪ Takes a sample of the census population;
▪ If total affected families is limited, can be combined with census survey.
▪ SES may also cover other stakeholders who may be adversely impacted
▪ Projects involving relocation: SES cover a sample of host communities
Socio-Economic Census Survey
Social Impact Format
Assessment Study of ……Project CMLARR
2017-18
CENSUS SURVEY OF AFFECTED FAMILIES
HOUSEHOLD SCHEDULE Date: ______________

VILLAGE: HH No: ____________
______________
2. HOUSEHOLD PARTICULARS (DEMOGRAPHIC FEATURES AND WORK PARTICIPATION)
Average
Relationship Living in Main
Sl. Name of the Family Age Marital Education Monthly Location
with the the Sex Economic Occupation
No. Member* (Years) status Level Earning of Work
Landowner Village Status
(Rs.)
1
2
3
4
5
6
Relationship With Landowner: [01 Landowner; 02 Wife/Husband; 03 Father; 04 Mother, 05 Son, 06 Daughter, 07 Brother, 08 Sister, 09 Son-in-law, 10
Daughter-in-law, 11 Sister-in-law, 12 Brother-in-law, 13 Grand child, 14 Aunt, 15 Uncle, 16 Others (specify)]
Living in the Village: [01 Always, 02 Partially (specify no. of months in a year), 03 Never]
Sex: [01 Male, 02 Female, 03 Others]
Marital Status: [01Married, 02 Unmarried, 03 Divorced, 04 Separated, 05 Widow, 06 Widower, 07 Deserted, 08 Others (specify)]
Education: [01 Literate, 02 Neo-literate, 03 Primary, 04 Middle, 05 High School, 06 Higher Secondary, 07 Graduate, 08 Post Graduate, 09 Professional,
10 Others (specify)]
Main Economic Status: [01 Employed, 02 Unemployed, 03 Marginally employed, 04 Student, 05 Housewife, 06 Retired (Pension), 07 Old (Without
Pension), 08 Others (specify)]
Economic Occupation: [01 Trade, 02 Farming, 03 Allied-Agriculture, 04 Agricultural Labourer, 05 Non-Agricultural Labourer, 06 HH Industry, 07
Professional (Engineer, Doctor, Ayurveda etc.), 08 Petty business/trade (including kiosks), 09 Others (specify)]
Location of Work: [01 within the affected area, 02 outside the affected area]
SES Deliverables
Table 3.3 Housing Conditions in the Affected Area Table 4.10 Assets Owned by Affected Households (%)
Assets Lachung Lachen Chungthang Total
Affected Area Lachung Lachen Chungthang Total
Television 90.1 85.9 90 88.5
Surveyed Households (N) 92 63 10 165
Telephone 95.6 96.9 90 95.8
Structure Computer/laptop 13.2 12.5 10 12.7
Kuccha 22.0 23.8 20 22.6 Motor cycle 6.6 0.0 10 4.2
Mixed 51.6 28.6 0 39.6 Car 49.5 37.5 40 44.2
Pucca 26.4 47.6 80 37.8 Washing Machine 11.0 17.2 10 13.3
No. of Rooms Fridge 40.7 54.7 60 47.3
Upto 2 21.1 27.4 22.2 Source-Primary Survey
2-4 68.9 43.5 70 59.3 Table 4.8 Source of Household Income
More than 4 10 29.0 30 18.5 Economic Activities Lachung Lachen Chungthang Total
Sanitation Cultivation in Own Lands 11.2 7.5 10.7 9.7
Common 17.8 32.3 20 23.5 Livestock/allied agriculture 1.7 1.4 2.9 1.7
Independent 82.2 66.1 80 75.9 Tourism related 7.6 16.0 1.2 10.2
Open defecation 1.6 0.6 Service in Govt. Sector 64.3 53.8 71.2 60.9
Electricity Service in Private Sector 5.2 4.3 4.3 4.8
Permanent 92.2 98.4 100 95.1 Others (Pension, taxi etc.) 9.9 16.9 9.7 12.6
Temporary 7.8 1.6 4.9 Source-Primary Survey
Cooking Fuel
Table 4.9: Annual Income of Affected Households (as reported by respondents)
Gas 56.2 43.5 70 52.2
Income Level Chungthang (%) Lachen (%) Lachung (%)
Firewood 42.7 56.5 30 47.2
Less than 1 lakh 20 42.8 33.7
Kerosene 1.1 0.6
1 Lakh to 3 Lakh 30 20.6 31.4
Table 4.12 Indebtedness among Affected Households 3 Lakh to 5 Lakh 10 9.5 10.1
Indebtedness (%) Lachung Lachen Chungthang Total
Indebted 26.4 14.1 20 21
5 Lakh and above 40 26.9 24.7
Purpose of Borrowing (%) Source-Primary Survey
Agriculture 4.1 2.8
Business 16.6 88.8 34.2
Table 4.11 Status of Migration Among Affected Households
House Construction 45.8 11.1 50 37.1
Population Lachung Lachen Chungthang Total
Others 20.8 50 17.1
Not known 12.5 8.5 Migrating Population %) 26.4 20.3 30 24.2
Source of Borrowing (%) Area of Migration
Banks 62.5 100 50 71.6 Within district 33.3 27.3 33.3 31.6
Money lenders 8.3 5.7 Outside district 54.2 54.5 66.7 55.3
Relatives 8.3 5.7 Other States 12.5 18.2 13.1
Monastry 8.3 50 8.5 Source-Primary Survey
Others 12.5 8.5
1. Identifying Livelihood Losers-Tools/Implementation Cases
2. Participatory Planning Tools
3. Essentials of Relocation Planning

IDENTIFYING LIVELIHOOD LOSERS (LAND SURVEY) - STEP I
Table A.2 Owner -Enjoyer Status as per Adangal and Verification
Area
Sl. Survey Total to be Name of Adhangal-Enjoyer /
Name of Pattadhar
No. No Area acqu Enjoyer Owner Status
ired
Durbhagulla Owner and enjoyer are
67 56/7 0.42 0.42 Chenagala Reddy
Subbamma different
Vellala Venkata Enjoyer and Owner are

71 56/14 0.38 0.38 Vengala Reddy
krishaiah different.
Enjoyer and Owner are

76 56/5 1.14 1.14 Subramanyam Venkata Reddy
different
Owner and enjoyer are

77 56/9 0.25 0.25 Krishana murthi Subba Rami Reddy
different
Sakumthalamma
78 94/8 0.22 0.22 Nanaswamy Rao Enjoyer is the owner
79 102/21 0.07 0.07 Sakunthalamma Nanaswamy Rao Enjoyer is the owner
86 85/17 0.15 0.08 Chengaiah Salva sudhakar raju Enjoyer is owner
328 47/9 0.59 0.295 Venkataiah Venkataiah Enjoyer is owner

IDENTIFYING LIVELIHOOD LOSERS (CENSUS SURVEY) - STEP 2
CMLARR
2018
Livelihood Losers-Landowner families (Survey)
Date: ______________
HOUSEHOLD SCHEDULE
GPU: ______________ HH No: ____________
3.1 Other Impacts (Affected Land)

3.1.1 Are there agricultural laborers working in the field: _______ [01 Yes, 02 No]
3.1.2 If Yes, Is there any formal rent agreement _______ [01 Yes, 02 No]
3.1.3 Are there agricultural tenants in the field: _______ [01 Yes, 02 No]
3.1.4 If Yes, Is there any formal rent agreement _______ [01 Yes, 02 No]
3.1.5 If Yes (in 3.5.1 and/or 3.5.3), give following details for workers/tenants:
Average days of Total Wage
Sl. Name of the Person From same village
annual employment paid annually
No. employed [01 Yes / 02 No]
(No.) (Rs.)
1
2
IDENTIFYING LIVELIHOOD LOSERS (Physical Verification)-STEP 3
Annexure III
A.3 Livelihood losers & Displaced Families in Proposed Acquisition Area
Phase I Livelihood Losers-

1. Survey No. 97/2, 97/3 & 103 owned by Jaya Padma Hegde w/o MD Harish Kumar:
Puttaraju has been staying in the house constructed by the landowner for more
Transect walk and
than three years (since November, 2016). He has two children and earns his
livelihood from the work on the farm for which he is paid a monthly salary of Rs.
10,000. He stays in the area with his wife and two children, aged 7 and 6.
Survey
According to him, he does not own land else where.
2. Survey No. 94/3 owned by J Pushpa w/o Jinaraj: Devappa, 75 years stays with his
wife Shivamma, aged 65 years in a house built by the landowner. He is working as
a caretaker for the last 20 years and gets a monthly remuneration of Rs. 5000
which is the only source of livelihood. He also receives Rs. 1000 as monthly pension
from the state government. He claims to be not owning any land.
3. Survey No. 13, 14, 12/1 & 25/2 owned by Baig Family: Rajanna and his wife
Putamma has been staying in an owner-constructed house on Survey No. 13
since the last 25 years. He is working as a labourer in the landowners farm for
which he is paid a monthly remuneration of Rs. 6000 per month
Structures and Labourers in Phase I
Survey No. 97/103:Puttaraju, Caretaker Survey No. 94/3: Devappa with his wife
at Jayapadma Hegde’s Farm. Shivamma, Caretaker at J Pushpa’s Farm
Survey No. 96/2, 102 & 104: Babu, Care Survey No. 104: Basvaraju, Care taker at
taker at Mahadevamma’s Farm Anusuya Ratna’s Farm
IDENTIFYING LIVELIHOOD LOSERS (Physical Verification)-STEP
Social Impact Assessment Study of ……Project CMLARR
4
2017-18
HOUSEHOLD SCHEDULE Date: ______________

VILLAGE: HH No: ____________
______________
2. HOUSEHOLD PARTICULARS (DEMOGRAPHIC FEATURES AND WORK PARTICIPATION)
Average
Relationship Living in Main
Sl. Name of the Family Age Marital Education Monthly Location
with the the Sex Economic Occupation
No. Member* (Years) status Level Earning of Work
Landowner Village Status
(Rs.)
1
2
3
4
5
6
Relationship With Landowner: [01 Landowner; 02 Wife/Husband; 03 Father; 04 Mother, 05 Son, 06 Daughter, 07 Brother, 08 Sister, 09 Son-in-law, 10
Daughter-in-law, 11 Sister-in-law, 12 Brother-in-law, 13 Grand child, 14 Aunt, 15 Uncle, 16 Others (specify)]
Living in the Village: [01 Always, 02 Partially (specify no. of months in a year), 03 Never]
Sex: [01 Male, 02 Female, 03 Others]
Marital Status: [01Married, 02 Unmarried, 03 Divorced, 04 Separated, 05 Widow, 06 Widower, 07 Deserted, 08 Others (specify)]
Education: [01 Literate, 02 Neo-literate, 03 Primary, 04 Middle, 05 High School, 06 Higher Secondary, 07 Graduate, 08 Post Graduate, 09 Professional,
10 Others (specify)]
Main Economic Status: [01 Employed, 02 Unemployed, 03 Marginally employed, 04 Student, 05 Housewife, 06 Retired (Pension), 07 Old (Without
Pension), 08 Others (specify)]
Economic Occupation: [01 Trade, 02 Farming, 03 Allied-Agriculture, 04 Agricultural Labourer, 05 Non-Agricultural Labourer, 06 HH Industry, 07
Professional (Engineer, Doctor, Ayurveda etc.), 08 Petty business/trade (including kiosks), 09 Others (specify)]
Location of Work: [01 within the affected area, 02 outside the affected area]
IDENTIFYING LIVELIHOOD LOSERS-KEY LESSONS LEARNT
Loss of Livelihood from agriculture: Needs a diligent fact-finding exercise

1. Combination of survey, FGDs and key informant interviews
2. Is entire agricultural land of the village proposed to be taken?
3. Are there landless families (normal residents) engaged in farming operations?
4. Are the lands irrigated and employing labourers for a major part of the year
5. Is agriculture their primary source of livelihood (< 50 percent of family income)?
S.No Case Examples Livelihood Losers Identified

1 Hydro Project 94 displaced NTHs; 7 Livelihood losers
2 Airport Expansion project 31 NTHs families residing and deriving livelihood
3 Mining Project Several issues raised; but NO livelihood Losers
4 Defence Project Livelihood was affected and hence to be paid
How Data helps Planning
CENSUS/SOCIAL SURVEY INFORMATION FOR RP
Information Explain how the information helps???

Type and Degree of Loss
Members of Family
Social Stratification & Income Levels
Literacy levels, Skills Possessed &

Occupation
Resettlement/Livelihood Options
Asset Inventory and Valuation
Preliminary asset inventory (record and measurement) is done together with
Census/SES:
▪ Resettlement/livelihood restoration planning
▪ Project and budget planning
Detailed/precise asset inventory and valuation are carried out by certified experts,
engaged by the client, during implementation
Asset Inventory: Recording all land and assets present in the affected area at the time of the
cut-off date and which need to be acquired for a project.
Record ▪ Land (residential, agricultural, commercial)
▪ Residential structures (houses, apartments, informal dwellings)
▪ Commercial Structures (shops, factories etc)
▪ Non-residential structures (livestock sheds, storage facilities, fences)
▪ Other Assets on land (crops, trees, wells etc)
▪ Common Property Resources (grazing land)
▪ Social Infrastructure (schools, hospitals)
▪ Economic infrastructure (roads, bridges, irrigation etc.)
▪ Cultural Property (burial grounds, monuments, sites of cultural importance).
Measure Measure and record parameters for valuation of the land/asset, improvements, trees
and crops, etc in size, materials, etc.
Physical Verification
ACCESSIBILITY
SEVERANCE
Consultation
Public meetings neither ensure PARTICIPATION nor

REPRESENTATION
FGDs SOCIAL MAPPING
PRA EXERCISES/
TRANSECT WALKS PHYSICAL SEASONAL CALENDARS
VERIFICATION
Consultation
Involvement of local people improves faith in
project authorities/wards off the vested interests.
Platform to
• LISTEN…
• For local community politics/ posturing
• SHARE, Empathize & Educate
• Address PERCEPTION Issues
•Understand GENUINE issues
• Understand DIFFERENTIAL Impacts
• Understand IMPACTS across PROJECT
CYCLE
Consultation
Whom to Consult??
▪ Directly/indirectly/positively/negatively
affected
▪ Most vulnerable groups
▪ Have an interest or feel that they are
affected
▪ Supports or opposes the changes that the
project will produce
▪ Cooperation, expertise, or influence would
be helpful to related issues/impacts
GROUPS
Project affected families – land losers and losers of
livelihood
Host Community
Local communities in the vicinity
Vulnerable groups
Local officials/Peoples representatives
NGOs/Social & Environmental activists, etc.
Consultation
IMPACT IDENTIFICATION TOOLS (ESIA METHODOLOGY)
ENSURING INCLUSIVITY IN PLANNING

HOW:
▪Ensure women participation in project cycle (if local
norms allow)
▪Ensure meetings at time convenient to women.
▪Hold separate meetings
▪Appoint female facilitators
▪Raise awareness about the project .
▪Understand their priority issues
WHY:
Women often get sidelined by development projects;
✓ discriminatory job selection/termination
✓ Inadequate attention to specific priorities
✓ harassment during project
✓ higher health risks
✓ economic vulnerability
Consultation
ISSUES OF LGBTQ- ENSURING INCLUSIVITY

HOW:
▪Hold separate meetings
▪Raise awareness about the project .
▪Understand their priority issues
▪Ensure participation in project cycle
“Not Leaving Anyone Behind”
WHY:
LGBTs face:
✓ Discrimination
✓ bullying and violence
✓ higher unemployment rates;
✓ lack of access to health/housing/financial services.
Participatory Planning (Social Mapping)
WHY:
• Provides information about natural and other resources precious for the community
• Exploration of cultural relations/historical meaning of objects and its relation to social life
• Helps initiate participation of community in planning stage to avoid/minimize impacts
• Finalization of the project alignment through community planning, sensitizing the community
of design compulsions and addressing genuine issues on the ground to the extent possible
HOW
▪ Village Map is drawn by group of villagers on wall/ground/large sheet of paper
▪ Each group member is given a chance to revise it, resource maps can be created showing
the location of houses, resources, infrastructure and culturally important sites
▪ Exercise can be undertaken with different categories based on ethnicity, well-being etc.
Participatory Planning (Transect Walks)
HOW:
▪ SIA team and key informants conduct a walking tour
through the village or envisaged project area
▪ Strip maps prepared based on the information
collected, reflecting social features within alignment
▪ Wherever the community raises issues, technical
consultants may visit the site to work out
alternatives.
▪ Progressive practice: Minimize landholdings
becoming unviable/Avoid properties that would
render households vulnerable to poverty.
WHY:
• Finalization of the project alignment through
community planning, sensitizing the community of
design compulsions and addressing genuine issues
on the ground.
Participatory Planning(rankings)
I Plots in RC/ Self Construction II Self Construction III House in RC

IV Infrastructure by Project Authorities if 20 or more are constructing in one place
HOW
▪ Problem ranking (Issues) & Preference Ranking (R & R Options)
▪ Community members (different categories) may be asked to rank different impacts in terms
of severity of impacts- ZERO for very low and 10 for very high
▪ Gender differences can also be explored.
WHY
▪ Useful for identifying and prioritizing community needs across groups, mitigation options etc.
▪ Will also help authenticate the results with survey findings and arrive at a collectively
constructed indicator of social vulnerability and preferred options.
Local Histories – Culture
HOW
▪ Understanding of the local folklore, poetries etc,
▪ Study of indigenous practices and beliefs, if any (even based on myth or
superstition as they are meaningful to local people).
▪ Stories of how the development projects were implemented in the past could also
provide valuable lessons of not repeating mistakes, if any.
WHY
• Helps in developing a deeper understanding of the local cultural/historical context
within which the policy must be developed;
• Helps build rapport with the affected communities so as to develop appropriate
disclosure/consultation strategy.
Seasonal Calenders
WHY
▪ Helps generate data on seasonal patterns not obvious to non-locals.
▪ Community shares major economic/social activities that they engage in all year
▪ Helps identify periods when specific groups of people suffer particular hardship so
that appropriate “safety nets” can be set in place
▪ Helps understand the availability of labour for the project.
▪ Project-related activities should be planned so as not to interfere with the busiest
times of the year.
HOW
▪ To mark the activities as per the local rather than western calendar.
▪ Different materials can be used for the calendar, colored chalks, seeds, stones,
sticks etc at different lengths to indicate relative magnitudes.
▪ Separate exercise for those engaged in agricultural sector and informal sector.
Meaningful Consultation: Challenges and Experiences
▪ Not Inclusive: Sex, religion, class, vulnerability and hard to reach groups
like tribal, indigenous and ethnic groups.
▪ Lack of Meaningful Consultation: Culturally inappropriate
communication method, language, timing, location, etc.
▪ Limited Function: More as information sharing rather than seeking their
inputs and participation.
▪ Lack of Sustained Efforts: Higher during initial stages during project
planning and approval and then reduced significantly during later stages.
▪ Elite capture: Even well intentioned strategies can fail if direct access to
project authorities are prevented by self appointed representatives of the
community.
▪ Government Projects: Consultation not always encouraged-Considered
forum for political opposition; Safer to do nothing than something wrong;
prefers indirect engagement within the existing institutional set up.
How to Enhance Consultation with the Community
▪ Use diverse communication methods: apply diverse/suitable

communication approaches to encourage the community participation
▪ Language: consult with affected people by using understandable

language or dialect rather than official and literal language.
▪ Timing: choose convenient time for consultation/interviews or FGD

with different groups.
▪ Location: choose appropriate venue for better participation of affected

people in the consultation process.
▪ Provide booklets, project information brochure and other project

materials to the affected people and communities
▪ Establish Project Information Centre (PIC) at the Project site –
Examples, Ghazi Barotha Hydro Project (Pakistan), Dasu Hydropower
Project (Pakistan), Kali Gandaki Hydropower Project (Nepal)
Improving Data Collection Effectiveness: Checklist
▪ Establish clearly the definition of key concepts-household,

affected family, indirect impacts etc.
▪ Establish a cut-off-date for eligibility to avoid and/or reduce

fraudulent claims during implementation
▪ Map the impact area and identify households by numbers for

additional protection against new comers to the project area
▪ Consider the use of ID card for APs with relevant information for
compensation and entitlements
▪ Publish an AP list for verification and approval by affected

communities and advise procedures for appeals incase of
wrongful exclusion.
Land Requirement – Mining Project- Minimizing Land
S.
No. Particulars Quantity Units
1 Total OB generation 78.00 Million Cu. M.
2 Total OB generation 78000000 Cu. M.
3 Area required @ 80m height 975000 Sq. m.
4 Dimension of the area 1000 x 975 Length x Width
5 98.00
Area required for dumping of OB (97.50) Ha
6 Safety zone area (120m safety zone in 4
sides) {(1000 L x 120 S.Z. x 2 sides) + (975
x 120 x 2)} 474000 Sq. m.
7 48.00
Area required for safety zone (47.40) Ha
8 Retaining walls, drains etc 3.00 Ha
9 Roads and open space for vehicle
movement 3.50 Ha
Total area required (5+7+8+9) 152.50 Ha
The land requirement for the project is based on three important parameters;
•estimation of OB generation from the expansion in annual production of the ore
•estimated Ore to OB ratio
ANALYSING ALTERNATIVES-GOOD PRACTICE
3. MINING PROJECT-Recommends reworking of the alignment:

1. Two hamlets lie sandwiched between two ongoing land acquisition projects
2. This will be costlier to acquire in the future.
2. 60 notifications of land in Survey Numbers 27/16, 27/17 and 28/1 merely house
vacant structures in half cents to two cents of land.
ANALYSING ALTERNATIVES-GOOD PRACTICE
Parameters A- A- A-
1 2 3
Private land
Forest Land
Agricultural Land
Irrigated land
Affected HHs
Displaced HHs
Commercial
Structures
Religious
4. ROAD PROJECT-GOOD PRACTICE Structures
Option I with shorter distance was not
Cultural Sites
selected as the alignment passed through
fertile agricultural land, irrigation ponds and Public
could also change the land use pattern of the Infrastructure
area which was predominantly agricultural. Impact on CPR
Public Support
Technology Support in LARR
❖ Identifying the suitable available

land for project-Govt. lands /
private land availability
❖ Alternate route alignments using
‘Maximum avoidance criteria
❖ Physical state on the cut-off date
& new entrants
❖ Authenticating claims
❖ Suitability for new settlement –
terrain condition, existing physical
& social infrastructure, planning
new required infrastructure,
surface/ground water resources,
and environment.
❖ Livelihood development planning
Geo-tagged Structures For Project Planning
CO-ORDINATES OF STRUCTURES
Coordinates
STRUCTURES
Latitudes Longitudes
SL1 27°25’42.52” 88°30’51.83”
SL2 27°25’42.56” 88°30’50.72”
Geo Tagged Structures SL3 27°25’30.27” 88°30’51.40”
SL4 27°25’29.52” 88°30’48.64”
1. Proof of location owing to SL5 27°25’33.03” 88°30’50.62”
disputing claims. SL6 27°25’35.55” 88°30’49.51”
SL7 27°25’36.85” 88°30’49.78”
2. Avoid/minimize structure demolition SL8 27°25’39.06” 88°30’49.79”
Integrating Technology for Authenticating Claims
Satellite imagery is often

used for many purposes:
▪ Screening purpose
2007 2018
before inventory
surveys
▪ Reflect ground
situation on the cut-off
date
▪ Where field inventory
surveys would take
years to do in phased
fashion for large
reservoirs
Claim for Compensation

for Stopping Cultivation
in Anticipation of the
Project –
Satellite Imagery of
Project Component Area
2007
Claim for Compensation for Stopping Cultivation in Anticipation of the Project

2018
Claim for Compensation for Stopping Cultivation in Anticipation of the

Project-Satellite Imagery of Entire Area
Integrating
RAP- Technology
Minimising for(Use
ES Risks Minimising ES Risks
of Technology)
• Map latest topographical features/land use for 8-km on either side of

the alternative route
• Identify route alignments using ‘Maximum avoidance criteria’
NEW SILIGURI
TEESTA-V SUB-STATION
SILIGURI
MAHANANDA
RIVER
BARI RANGIT
RIVER
BUMTAR
BAGDOGRA
BALASAN
JORTHANG RIVER
MIRIK
MANE
GHUM SIMANA
RESERVE FOREST
Cut-off Date for Eligibility
Cut-off Date for Eligibility

Persons occupying the project area and immovable assets that come on the
project area after cut-off are not eligible for compensation/ R & R benefits
ESSENTIALS
1. Satellite Imagery of Project Area on the cut-off date
2. Effective disclosure of Cut-off date (multiple
methods) to avoid fraudulent claims later during
project implementation
3. Immediate survey after declaration of cut-ff date
Identifying The Vulnerable
❖ Identifying the disadvantaged/vulnerable

individuals/groups is one of the most critical
deliverable from SIA
❖ Remember,
✓ vulnerability can be both – normally considered
vulnerable and the Project-induced
✓ Sub-groups within a broad group may be

vulnerable. e.g. Not all women headed
households may be vulnerable
✓ Sometimes, it may mean going beyond

established cultural norms to identify excluded
sections with limited voice…
DISADVANTAGED/VULNERABILITY RISKS
Vulnerability to be defined in the project context & not Generalised

Multiple Causes-affected by virtue of caste, gender, access, disability, age, poverty etc
General Legal Status

• Elderly/Minors • Informal occupants of land /Squatters.
• People with disabilities (physical/mental) • Non-citizens of the country/refugees
• People suffering from debilitating illness
Access related
• Illiterate (barriers in consultation)
• People living in remote areas
Natural Resource Dependents • People with limited media/digital connectivity
• Common property land users
• Nomadic/transhumant communities Natural/Man made Conflict Zones
• Traditional fishermen ▪ Exposed to conflicts/natural disasters
• Users of forest and woodland Ethnic or Social Group
• Cultural heritage loss (intangible)
Gender • Barrier to traditional authority/decision making
▪ Livelihood (Sole livelihood earner)
▪Sexual exploitation/abuse Economic status
• Single parent & child-headed households
IDENTIFYING VULNERABLE
Identifying /DISADVANTAGED GROUPS
the Vulnerable
SOME PREDTERMINED INDICATIVE
Most Critical: How do we Identify CRITERIA FOR IDENTIFICATION
Vulnerable?? ❖ Age (Elderly)
❖ Disabilities
❖ All efforts for Vulnerable Identification a MUST ❖ Debilitating illness
❖ Discriminated caste/tribes
HOW TO IDENTIFY-KEY PROCESSES IN SIA? ❖ Sexual Orientation-LGBQT
1. Start Point- Pre determined criteria-Add on to the ❖ Illiterate
indicative list. ❖ Dependent on CPR
2. Organise multiple site visits and get first hand ❖ Nomads/transhumant
❖ Traditional fishermen
information from different people
❖ Users of forest and woodland
3. Consult multiple stakeholders including
❖ Women headed family sole-livelihood
community workers, local NGOs, self-help ❖ Victims of Sexual exploitation/abuse
groups, local government officials, healthcare ❖ Single parent households
service providers etc. ❖ Child-headed households
4. Prepare customised questionnaire to evaluate ❖ Informal occupants of land /Squatters.
extent of vulnerability/deprivation among ❖ Non-citizens of the country/refugees
identified groups* & Pretest ❖ People living in remote areas
5. Evaluate Census survey data to categorise ❖ Limited media/digital connectivity
❖ Exposed to frequent conflicts
❖ Exposed to frequent natural disasters
❖ Losing cultural heritage loss
❖ Excluded by traditional authorities
Relocation Planning-Primary Considerations
▪ Land for Resettlement Site
▪ Choice of Resettlement Site
▪ Integrating Livelihood Concerns
▪ Resettlement Options to affected families
▪ Compensation payment/resettlement timing
▪ Amenities in Resettlement Site
▪ Resettlement Site Development
▪ Host Community Integration
▪ Maintenance Arrangements
Issues in Relocation Planning
As a planning exercise, ask yourself the following key questions

regarding the affected people and communities:
▪ Is relocation of all APs necessary?
▪ Is compensation without relocation possible?
If limited impacts, PAPs often prefer cash for self-relocation –
moving back in case of road widening/flood control embankment –
▪ What is the current settlement pattern?

Are there tribals, caste, ethnic groups among affected people?
▪ What is the current density/plots size in the villages?
▪ What are the current CPRs in the community?
For example, health clinic, school, community centre?
▪ What is the pattern of transport/communication in the affected area?
▪ What is the current level of access to market center and towns?
Land for Relocation Sites
Model 1 Government land available near the project area and

leased to project authorities
Model 2 Government acquires additional land for project authority
Model 3 Project purchases land for Resettlement Site from existing

land owners
Model 4 Project incentivizes the affected community to

find/purchase land in bulk
Choice of Resettlement Site(s)
▪ Location and quality of relocation sites are critical factors in resettlement

“Good practice” rules are:
o Not too far from the original sites (closer to the project site, 2-3 km)
o Similar social, environmental, economic and cultural characteristics
o Access to land, social support, networks, employment opportunities
should be considered.
o Potential for rebuilding basic amenities
o Acceptable to the affected/host community
o Within carrying capacity of the site/area
▪ Large resettlement sites typically close to the project sites:
Examples
o Bangladesh: Jamuna and Padma Bridge Project resettlement sites
o India: Mixed, on-site and across states (several projects)
o Pakistan: Mixed, on-site (Dasu and Ghazi Barotha Hydro), off-site
(Tarbela, Diamer Basha hydropower)
o China: Mixed, local and long-distance (Three Gorges Project)
Relocation-Multiple Options for Affected People
Resettlement Considerations
▪ Even in large complex projects, provide multiple options to affected
households
▪ Not everyone is willing or opt for resettlement sites
▪ Experiences show only one-third to two-thirds people opt for project-
sponsored site
▪ Some affected household take this as opportunities to migrate to cities
Multiple resettlement options: Eases resettlement burden on project:

▪ Self-relocation by the affected households with all R & R entitlements
▪ Relocation to project-sponsored resettlement site
▪ Relocation to resettlement site/self construction
▪ Self relocation in group and infrastructure provided by project
Phases of Resettlement Site Development
I. Site selection and alternatives: Choice of location critical; start with

alternative options; engage potential resettlers and host communities
II. Feasibility studies: Feasibility studies of sites; availability of land,
access to market/economic opportunities; carrying capacity of the site
III. Layout and design: Layout and design must be acceptable; civic
facilities; access roads; internal roads; open spaces, and gender
consideration in the design; inputs from affected and host communities
IV Resettlement site development: multiple plot sizes, based on losses;
house construction by project/resettlers; all civic amenities must be
ready before resettlers are asked to move; consultation with affected
communities for site development and plot allocation
✓ Displaced household without titles must be eligible for plots at site
✓ Affected poor and vulnerable/female headed households should
receive preferential treatment for relocation
✓ House may be allotted in the joint name of Husband and Wife
Resettlement Site Development
▪ Connectivity-with the main road; service roads
▪ Internal roads with street lights;
▪ Good drainage/sanitation
▪ Drainage facility with proper outlets & household sanitation
▪ Waste dump area
▪ Electrification of houses and other facilities
▪ Safe drinking water facility
▪ Health facility and School if there is no such facility nearby
▪ Area for playground/parks/social infrastructure, green area
▪ Lay out of plots: Socio-economic-cultural variations

Relocation Site and Livelihood of PAPs
▪ Distance from place of work

✓Rural Site: Forest/grazing/agricultural land in vicinity;
✓Urban Site: Business/Economic Opportunities
▪ Environment for Business

✓ competitors
✓ clientele and tastes
▪ Non-market based subsistence

▪ Food (subsistence gardens)
▪ Fuel
▪ Barter system
▪ Informal income earning activities
If Resettlement sites are located far from place of work, strategies to mitigate increased
transportation costs is necessary
Summary of Tasks-Relocation Planning
Selection of sites for relocation Key Tasks Prior to

Transfer/Relocation
Assessment of resettlement sites -livelihood List of:
development and cultural appropriateness.
✓ Resettled households by
Relocation choices and options villages/area
✓ Who goes, where, when
Community agreements on sites and services ✓ Relocation plan and
timetable
Construction of Sites
✓ Documentation and
monitoring
Plot/unit allocation
✓ Relocation to complete
Social preparation for relocation ahead of the construction
phase.
Transfer and documentation
Maintenance Arrangements
PLANNING FOR RELOCATION
I Plots in RC & self construction II Self construction-Monetary Package

at Replacement Value
R & R OPTIONS
III R & R Centre Constructed by Project
Infrastructure by Project Authorities if 20 or more are constructing in one place

PLANNING FOR RELOCATION
• The Government (District/Country) with Monetary benefits for construction
WHO DOES WHAT??
• The Project Authority financing and undertaking the construction

• Involvement of community???
• Titles to PAPs and transfer of community assets to local government
Good Practice-Compensation for Assets-Minimum Package
Pictures: Bhaluka Resettlement

Site, Sonepur Bazari Area, Resettlement as Development Opportunity
Eastern Coalfields Ltd.
Eastern Coalfields, a Mining

Company in India provides
Solution 3-Minimum Package for
those living in the affected area.
Good Practice-Household Items Given to All Relocated Families
▪ Ensure civic amenities in place before

move
▪ Help providing some cash, food supplies,
basic tools, seeds, others as required
▪ Assist the DPs in the physical move
▪ Discuss maintenance arrangements
101 Household Items Distributed to

every Resettlement Family
NTPC Darlipalli Project, India.
Good Practice-Household Items Given to All Relocated Families
List of 101 household Items

Good Practice-Maintenance Arrangments-Urban Relocation
Maintenance Arrangements
▪ Formation of Co. Op. Housing

Soc. including their PAH
members and transfer of legal
tenure of the land in the names of
the societies.
▪ Transfer of maintenance charges
▪ Training the groups in

maintenance and management of
community needs
▪ Preparing the community to adapt

to new lifestyle
▪ Maintenance of the local

environment and services.
Good Practices-Relocation Site with Vastly improved Amenities
New Tehri Town-Largest urban

resettlement Exercise in India
Construction of the Tehri Dam totally

submerged the old town of Tehri, and
the population was shifted to the town
of New Tehri.
The New Tehri Town has been

developed as a Urban Rehabilitation
Site with all modern facilities for a
population of about 50,000.
SL Old Tehri Town New Tehri Town

1 Area-150 Acre Area-572 Acre
2. One main road and other areas 25 km long road network; all roads much
was connected with narrow lanes wider than OTT.
3. No Sewerage system Comprehensive sewerage system with
central sewerage treatment plant
4. 3 major temples 3 temples much larger in area in
comparison to Old Tehri Town
5. 2 mosques 2 mosques & one Idgah
6. BUS STAND- no building . Only A bus terminal complex has been
one room for ticket booking. constructed with 12 separate departure
platforms
SL Old Tehri Town New Tehri Town

7. Stadium & clock tower: One stadium & clock tower has been
No stadium only a clock tower constructed in NTT
8. No multipurpose hall Three Mutipurpose halls
9. 22 bedded hospital 100 bedded hospital

10. College: A university campus in NTT on 26 acre of
Land- 2.50 acre, no hostel facility, Land , Hostel for 300 boys & 100 girls and
only 1 residence, no play ground residential accommodation, for 150 staff &
play ground were constructed
11. No Hostel facility for various Hostel facility for 900 students of various
institutions institutions have been constructed.
Relocation Site and Livelihood of PAPs
Tehri-Rural and Urban Sites
Baniyavala: 2 acres for rural

resettlement
Sites.
▪ Fertility of land a concern
▪ Presently, land value has multiplied
and PAPs have benefited
•2 acres of developed irrigated land in rural area or ½ acre developed irrigated land
adjacent to the municipal limit of District Haridwar/Dehradun irrespective of their
land holding or cash of Rs. 5 lacs in lieu of allotment of land, as per their option.
• Allotment of residential plot of 200 sq. m. to each family at nominal cost.
Good Practice-Relocation of Squatters
Informal Structures (not legally constructed)

Issues:
▪Some communities live for many years in informal settlements and
projects change their settlement/access to land/ livelihood.
▪Not being legally constructed, may not be legally entitled for
compensation.
Resettlement Colonies for Urban Informal Squatters

Mumbai Urban Transport Project (1 lakh people displaced; 99% of them Non-
titleholders)
Good Practices- Post Relocation Support
After disbursement of compensation,

collection of information on the availability
of agricultural land in nearby unaffected
villages by R&R officials
Sharing of this information with PAPs at the

time of disbursement of compensation.
Facilitation in land purchase
Good Practices- Post Relocation
Evaluation
Provisions of incentives for early vacation
of acquired land house and resettle on
their own new houses
More than 90% of PAFs purchased land &

constructed houses with compensation
amount.
Good stakeholder engagement and PAPs

clearly understanding reasons for delay in
implementing commitments.
Good Practices- Post Relocation Evaluation-Living Standards
Indicators (Deprivations)
School Infrastructure: No school within 5 Kms
Education School attendance: Any school-aged child not attending school up to
class 8
Vulnerable: Household has a non-insured chronically ill person in the
Health family.
Health Infrastructure: No functioning/accessible hospital
Electricity: Household has no electricity
Sanitation: Household does not have separate bath
Drinking water: Household does not have access to safe drinking water
Living Floor: Household has a dirt, sand or dung floor
Standard Cooking Fuel: Household cooks with dung/wood/ charcoal
(Weight)
Assets ownership: Household does not own more than one asset
Television; Refrigerator, Telephone, Two/Four wheeler, Tractors
Centre for Management of LARR, ASCI

SIA-PUBLIC HEARING (SHARING FINDINGS)
Present the main findings of the SIA to the community

•Seek feedback on the findings of SIA
•Seek additional information/views for incorporating,
where ever relevant, in the final Report
SIA PUBLIC HEARING.doc
This is a critical process to ensure the CREDIBILITY of

the SIA Study and its findings.
SIA-BUDGET
Major Heads
▪ Professionals
▪ Field Team
▪ Support staff
▪ Travel Expenses - professionals and field teams
▪ Expenses on stakeholder s consultation & Public Hearing
▪ Photo/videography/satellite imagery
▪ Data entry/Analysis
▪ Administrative support
▪ Printing of SIA/SIMP reports and SIA tools of observations
Will vary from project to project depending upon magnitude of impacts, and
locations of the project
SOCIAL IMPACT MITIGATION PLAN
❖❖Community Engagement Plan COMMUNITY ENGAGEMENT

PLAN.ppt
❖Compensation and R & R as outlined in the RFCTLARR Act, 2013
❖ Measures that Requiring Body has committed in EMP and additional
measures proposed for strengthening implementation LABOUR
INFLUX MANAGEMENT PLAN.ppt
❖ Additional measures proposed by the SIA Study and those which the
requiring body has agreed to implement VULNERABLE PEOPLE
PLAN.ppt
❖ Entitlement MatrixEM.docx
❖ Grievance Redressal MechanismGRM.docx
❖ Institutional Arrangements for Implementation of SIMPImpacts and
Monitoring Arrangements.docx
❖ Implementation ScheduleImplementation Plan.docx
❖ BudgetBudget.docx
ASCI ANNOUNCED COURSE ON SIA
June 27 TO July 1, 2022
Developing
Entitlement Matrix
What is an Entitlement Matrix?
Entitlements matrix provides the

information about WHO is entitled to
WHAT type of compensation
and/or assistance based on Eligibility:
✓Compensation for land and assets
✓Compensation for lost income
✓Resettlement &
✓Income Restoration
Eligibility
1. Law (RFCTLARR Act, 2013)
2. Policy (2013 Act +)
3. Project Authority-Good Practice
❖ Categories of affected people
✓ Landowners,
✓Property owners –residential TH, Commercial TH
✓Informal Settlers(residential/commercial)-Residential NTH; Commercial NTH
✓Landless labourers
✓vulnerable groups
❖Types of loss associated

✓ loss of land/ assets;
✓ loss of access to land/assets
✓ loss of wages, rent, or sales earnings
✓ loss of public infrastructure
✓ loss of religious/cultural assets
❖ Compensation and assistance to each category

✓ Compensation for land and assets
✓ Resettlement Assistance-House, rent, sales earnings; transportation
grant, resettlement allowance
✓ Rehabilitation assistance: Employment, annuity, subsistence grant, skills
training etc.
Entitlement Matrix-Sample (Road Project, India)
Category Type of Unit of Entitlement
of PAP Impact Entitle
ment
Titleholders- Loss of Land •Cash compensation
Land Land/ Owner(s) • Option for compensation for residual unviable land parcels
Assets/ • Replacement of water bores
Livelihood • Financial assistance for replacement of cattle-shed.
• For land-owners becoming landless/marginal, cash
equivalent of 12 months of Minimum Agricultural Wage
• In case of severance of agricultural land, an additional 10
percent of amount paid for land compensation.
• Advance notice of 4 months to harvest standing crops
• Crop/Tree compensation as assssed by Govt. Departments
• Right to salvage materials from affected land or structure.
Title-holders Loss of Land/ • Compensation at replacement cost without depreciation
Residential Structure structure •Affected structures of size less than 20 sq.m, which are fully
Structure Owner (s) affected or if rendered unviable shall have option to
compensation equivalent to cost of provision of residential
structure of size 20 Sq.m
•One time shifting allowance of Rs. 10,000
•One time transition allowance of Rs. 10,000
•Right to salvage materials from affected land or structure.
ment
Titleholders- Loss of Land/ •Compensation at replacement cost without depreciation
Commercial Structure structure •Affected structures of size less than 10 sq.m, which are fully
•Right to salvage materials from affected land or structure
Tenants Loss of Individual/ •Rental allowance for 6 months @ Rs. 1000/month in rural
Residential/ Structure Household areas and Rs. 1500/month in urban area if the structure is
Structure fully affected/unviable
Commercial Structure Household areas and Rs. 2000/month in urban area if the structure is
ment
Squatters Loss of Individual/ 1. Compensation at replacement cost without depreciation
Residential Structure Household 2. Costs towards land and house construction as applicable
Commercial to economically weaker sections for residential
structures/Costs towards land and shop construction of 100
sq.ft. area for commercial area; whichever is higher (1) or 2).
• One time shifting allowance of Rs. 5,000
•Training assistance to any one member of the household
losing livelihood.
Encroachers Loss of Individual/ • Ex-gratia for impacted assets at replacement cost
Assets Household •Advance notice of 4 months in which to remove assets and
harvest standing crops
Additional Loss of Individual/ •Rental allowance for 6 months @ Rs. 1500/month in rural
Support to Structure Household areas and Rs. 2000/month in urban area if the structure is
Vulnerable fully affected/unviable
Groups •One time shifting allowance of Rs. 5,000
Category of Type of Unit of Entitlement
PAP Impact Entitlement
Employees in Loss of Individual •Training assistance for income generation

Shops, Livelihood • Lump sum financial assistance equivalent to 6 months
agricultural of minimum agricultural wages to those who cannot be
labourers and provided with training on alternative livelihood
sharecroppers opportunities
Community Loss of Community • Resources such as cultural properties and community

Assets community assets shall be conserved in consultation with the
assets community.
•Adequate safety measures shall be provided in the
design of highways
THANK YOU
COMPENSATION DETERMINATION-
CASE STUDIES & CASE LAWS
Dr. Reshmy Nair

Professor
Centre for Excellence in Management of land Acquisition, Resettlement and
Rehabilitation, ASCI, Hyderabad
5/26/2022 Dr. Reshmy Nair 1

1. NH Manual
2. Sample Cases
3. Circle rate/Guidance Value as Basis for Market Value Determination
4. Differences in Land use in Records and Factor of Potentiality in determining

Market Value
5. Factors Determining Compensation
6. Can the Compensation rate be uniform across Acquired lands?
7. Common Concepts relating to Award Determination under 2013 Act

Compensation Determination Under 2013 Act
CASE 1: Vast differences in Sales Value and Guidance Value

Dry Irrigation Total
Avg. Guid. Avg. Guid. Avg. Guid.
AV+GV 176 139 315
% 55.11 44.89 12.36 87.64 35.87 64.13
Range Total %
0-50 51 46.79
50-100 20 18.35
100-500 29 26.61
500-1000 6 5.50
1000-1500 3 2.75
Total 109 100
3
Case 2- Variation in Rate Fixation and Lack of Objectivity
Region 1 Region II Region II

SV>GV Survey Land Survey Land Survey Land
% Range Nos Extent Nos Extent Nos Extent
<1 8.8 0.87 53.91 63.43 26.30
0-5 16.13 2.49 22.12 16.73 41.35
5-10 11.30 6.62 12.99 14.19 7.85
10-20 71.2 90.30 7.25 4.15 28.89
20-30 0.80 0.58 1.38 0.35 9.37
30-40 - 1.65 0.92 4.97
40-50 - 0.18 0.08 3.10
50-60 - - - 3.03
60-70 - 0.37 0.04 0.36
70-80 - - - 0.07
80-90 - 0.09 0.02 0.07
90-100 - - - 0.29
4
Guidance Value as Basis for MV Determination
1. GV Rejected as basis for MV determination

“Register prepared and maintained for the purpose of collecting stamp duty had no
statutory base or force and cannot form the basis to determine the market value of any
acquired land under Section 23 of the LA Act”
Jawajee Nagnatham v. Revenue Divisional Officer (SC-1994);
Land Acquisition Officer, Eluru v. Jasti Rohini (SC-1995);
U.P. Jal Nigam, Lucknow v. Kalra Properties (P) Ltd.(SC-1996);
Krishi Utpadan Mandi Samiti Sahaswan v. Bipin Kumar (SC-2004)
2. Some have considered it as only a Prima Facie Evidence

“The guideline value fixed is not final but only a prima facie rate prevailing in an area. It
is open to the registering authority as well as the person seeking registration to prove
the actual market value of property. The authorities cannot regard the guideline
valuation as the last word on the subject of market value.
SC-1999: Ramesh Chand Bansal v. District Magistrate/Collector
SC-2004: R. Sai Bharathi v. J. Jayalalitha
Guideline Values To Be THE BASIS FOR MV DETERMINATION WHEN DETERMINED BY Expert
Committees Constituted Under State Stamp Laws
 The guideline market value can be a relevant piece of evidence only if they are assessed by
statutorily appointed Expert Committees, in accordance with the prescribed assessment procedure
(either street-wise, or road-wise, or area-wise, or village-wise) and finalised after inviting objections
and published in the Gazette. We have referred to this aspect only to show that there are different
categories of Basic Valuation Registers in different states and what is stated with reference to the
stamp law in Andhra Pradesh or Uttar Pradesh, may not apply with reference to other states where
state stamp laws have prescribed the procedure for determination of market value.
 Such state stamp Acts and the Rules there under provide for scientific and methodical assessment of
market value in different areas by Expert Committees. These statutes provide that such committees
will be constituted with officers from the Department of Revenue, Public Works, Survey & Settlement,
Local Authority and an expert in the field of valuation of properties, with the sub-registrar of the sub-
registration district as the member secretary.
 They also provide for different methods of valuation for lands, plots, houses and other buildings. They
require determination of the market value of agricultural lands by classifying them with reference to
soil, rate of revenue assessment, value of lands in the vicinity and locality, nature of crop yield for
specified number of years, and situation (with reference to roads, markets etc.).
 The rates assessed by the committee are required to be published inviting objections/suggestions
from the members of public. After considering such objections/suggestions, the final rates are
published in the Gazette. Such published rates are revised and updated periodically.
 SC-2009: Lal Chand Vs. Union of India (UOI) and Anr.
As noticed, the judgments of Supreme Court on which reliance is placed by Shri Atul Nema
are based on the aspect of determination of compensation for the lands acquired under the
Act of 1894. Section 23 of the Act of 1894 does not talk about specification of market value
under the Indian Stamp Act whereas Section 26 of Act of 2013 laid emphasis on such
market value and therefore, this statutory recognition of market value specified under the
Stamp Act cannot be brushed aside. Indeed, it deserves serious recognition in view of
legislative change in the determination of market value pursuant to the Act of 2013. We are
constrained to hold that the Collector guidelines have received statutory colour if read with
Section 75 of the Stamp Act and provisions of guidelines Rules, 2018 and therefore the
Collector rate can certainly become the basis for determination of compensation for land
acquired under Highways Act as well. 35. The judgment of Supreme Court cannot be read
as Euclid’s
In the case of Dyagala Devamma (Supra) the compensation was determined on the basis of
sale deed (Ex. P/18) which was relating to a small piece of land out of large chunk of land
(101 acres approximately). In this backdrop and in view of provisions of old act where there
existed no statutory recognition to Collector guidelines, the Apex court applied the theory of
deduction. This theory, in view of statutory recognition given to Collector guidelines in
Section 26 (1)(a) of Act of 2013, in our view has lost its importance and applicability. Putting
it differently, it must be remembered that a singular different fact may change the
precedential value of previous judgments.
MPHC-2022: Madhya Pradesh Road Developement Vs Prakash Kumar Pradeep Kumar
Location and Potentiality of Land Considered Important by Courts
The potential to which the land is reasonably capable of being used in future by the owner should
be taken into account in assessing compensation.
SC-2011: Bilkis and Ors. vs. State of Maharashtra and Ors
The amount of compensation cannot be ascertained with mathematical accuracy. A comparable

instance has to be identified having regard to the proximity from time angle as well as proximity
from situation angle
SC-2005: Viluben Jhalejar Contractor (D) by Lrs. vs. State of Gujarat
Even if a land is not a non agricultural land, if the same is surrounded by non agricultural lands and
the same is likely to be converted into non agricultural land as per the say of the Land Acquisition
Officer himself, it is certainly an important and relevant factor for the purpose of fixing the rate at
which the compensation is to be awarded at par or with close proximity with the rate in respect of
non agricultural land. For the aforementioned purpose, this Court must keep in mind that the
distance of the lands sought to be acquired apart from other factors from the Highway also plays
an important role. So far as the agricultural lands are concerned, even if they had the potentiality
of being converted into a non-agricultural lands as on the date of notification, they were agricultural
lands albeit in a developed area. The valuation thereof may be determined at 50% of the
developed land, that is, at Rs. 125/- per sq. mtr
SC-2009-Dy. Collector, Land Acquisition, Gujarat & Ors. vs. Madhubai Gobarbhai

Though the Supreme Court in Sharadamma v. Special Land Acquisition Officer and Ors
noted that in case land has not actually been converted from agricultural to non-
agricultural use, compensation cannot be paid at the rate prescribed for non-agricultural
land, held that in view of the location of land being situated on National Highway of
Bangalore-Madras, near Railway line and situated in Industrial Area, the claimant is
entitled to compensation at the rate of Rs.20 per square yard as claimed by her. Of
course, it is admitted that the land was not converted to non- agricultural use for which
the owner was required to pay an amount of Rs.3,000 per acre and to that extent the
amount deserves to be reduced.
SC-2007-Sharadamma vs. Special Land Acquisition Officer and Ors.
It is an accepted principle that the land is not to be valued, merely by reference to

the use to which it has been put at the time at which its value has to be
determined, that is, the date of the notification under Section 4, but also by
reference to the use to which it is reasonably capable of being put in the future.
The proper principle is to a certain the market value of the land taking into consideration
the special value which ought to be attached to the special advantage possessed by the
land; namely, its proximity to developed urbanised areas.
SC-1989: Suresh Kumar vs. Town Improvement Trust, Bhopal
 It has been held by Apex Court in Kausalya Devi Bogra v. Land Acquisition
Officer and Suresh Kumar v. Town Improvement Trust that failing to consider
potential value of the acquired land is an error of principle. For ascertaining the
market value of the land, the potentiality of the acquired land should also be taken
into consideration. Potentiality means capacity or possibility for changing or
developing into state of actuality. It is well settled that market value of a property has
to be determined having due regard to its existing condition with all its existing
advantages and its potential possibility when led out in its most advantageous
manner. The question whether a land has potential value or not, is primarily one of
fact depending upon its condition, situation, user to which it is put or is reasonably
capable of being put and proximity to residential, commercial or industrial areas or
institutions. The existing amenities like water, electricity, possibility of their further
extension, whether near about town is developing or has prospect of development
have to be taken into consideration.

 In fixing market value of the acquired land, which is undeveloped or
underdeveloped, the Courts have generally approved deduction of 1/3rd of the
market value towards development cost except when no development is required to
be made for implementation of the public purpose for which land is acquired
 SC-2002: Kasturi v. State of Haryana
 Where no evidence of price fetched by the sale of plots in lay outs of building plots in
the neighbourhood of the acquired lands becomes available then what could be
done is to find out the market value of the acquired land with reference to the
relevant date of publication under section 4(1) of the L. A. Act., according to the
actual use to which it was put and increase its value by a small percentage having
regard to the degree of its building potentiality ascertained on the basis of evidence
to be made available in that regard.
 A small percentage increase to be given shall not exceed 1/5th of the market value
of the land found out according to its actual user since resort to the method of giving
increased value for such building potentiality arises only when there is no evidence
of sales of building plots in the neighbourhood of the acquired land indicating that
there was no immediate demand, as such, for building plots even if formed in the
acquired land.“
SC-1995: P. Ram Reddy and others. vs. Land Acquisition Officer, Hyderabad

Compensation and Land Use
Section 24 enumerates the matters to be neglected in determining compensation. It

provides: fifthly, any increase to the value of the land acquired likely to accrue from the
use to which it till be put when acquired; eighthly, any increase to the value of the land
on account of its being put to any use which is forbidden by law or opposed to public
policy. It is thus clear that if there is a prohibition regarding use of the land for
purposes other than agriculture, the value of such land on account of the same
being put to commercial, residential or industrial use cannot form the basis of
determining the market value.
Having regard to the prohibition regarding use of land for any purpose other than
agriculture, the land will have to be treated and valued as agriculture land without any
development potential for being used as residential/commercial/industrial plots. We are
of the view that at least 50% will have to be deducted from the market value of freehold
land with development potential to arrive at the market value of such land which can be
used only for agricultural purposes. As we have already determined the market value of
neighbouring land (which is not subject to the prohibition under Land Use Act) as Rs.
110/- per sq.m. We are of the view that an appropriate compensation for the acquired
land should be 50% thereof i.e. Rs. 55 per sqm-SC-2011: Goa Housing Board Vs.
Rameshchandra
5/26/2022 GovindDr.Pawaskar
Reshmy Nair 12
CASE 3: Block Rates Vs. Sales Average
Village Block Rate (Ha) Average Sales

Village A 63.82 18.51
Village B 54.63 63.93
Village C 68.65 6.88
Either 26(1) or 26(2) taken as the SOLE determining factor
Why does the average sales show such fluctuations???
13
[1] The DLNC can pass an award 40 % higher than the value inclusive of rate fixed, solatium at 30% and AMV at 12%. In all the above cases the DLNC
CASE 4: Which transactions are considered and which discounted??
14
LA UNDER NHA, 1956
NH Manual
NH Manual: It is also important to note that there may be some isolated transactions of
very small area at very high rates, which do not represent the average price of land in
that area. The value of any such transaction has to be discounted/ ignored as specified
under Explanation 4 .
Please Note: Explanation 4 specifies Prevailing Indicative Market Value
5/26/2022 ASCI, Hyderabad 15

[1] The DLNC can pass an award 40 % higher than the value inclusive of rate fixed, solatium at 30% and AMV at 12%. In all the above cases the DLNC

CASE 5: Rate Fixation-Consent Award-1894 Act
Village Basic rate Avg. Avg Rate by Basic Rate/

(Rs. Lakhs) Dry Wet DLNC Final rate
Rate Rate
A 0.80 0.82 0.85 4.30 1:5.38
B 0.94 3.18 0.99 6.14 1:6.53
C 0.94 2.18 3.68 9.60 1:10.21
Rate Fixation-General Award (2013 Act)
Village Basic Average MF of Solatiu AMV Final Basic Rate/
Rate of Top 50 1.5 m of Rate Final rate
% Sales 100%
A 6 7.25 10.87 10.87 1.30 23.04 1:3.84
B 6 6.62 9.93 9.93 1.19 21.05 1:3.51
C 4.5 6.70 10.05 10.05 1.21 21.31 1:4.74
D 4 5 7.5 7.5 0.90 15.90 1: 3.98
16
CASE 6: MV Determination-Focus on Technicalities
Village Circle Average Average Average Average

Rate Sales- Sales- Sales- u/s 26 (1)
Year1 Year 2 Year 3 (b)
Village A 1.80 1.95 1.75 1.63 1.77
Village B 1.67 1.80 1.68 1.45 1.64
Other Cases
1. Guidance Value/Circle Rate (S.26 (1) (a) as the ONLY determining factor
2. Average of sales transactions and Discounting Factors
3. Solatium/Additional Market Value Calculation
4. Determination of floor price where 26 (a) do not exist
5. Ignoring specific claims as per Section 28
17
Comparable Sales Method of Valuation
It is settled law that while fixing market value of the acquired land,
the Land Acquisition Collector is required to keep in mind the
following factors:
▪ Existing geographical situation of the land.
▪ Existing use of the land.
▪ Already available advantages, like proximity to National or
State High Way or road and/or developed area.
▪ Market value of other land situated in the same
locality/village/area or adjacent or very near the acquired
land
SC-2011: Valliyammal and Ors. vs. Special Tahsildar (Land
Acquisition) and Ors
Comparable Sales Method of Valuation
Comparable sales method of valuation is preferred because it furnishes the evidence
for determination of the market value of the acquired land at which a willing purchaser
would pay for the acquired land if it had been sold in the open market at the time of
issue of notification under Section 4 of the Act. However, comparable sales method of
valuation of land for fixing the market value of the acquired land is not always
conclusive.
Factors to be Considered for Sales
(1) Sale must be a genuine transaction,
(2) Sale deed must have been executed at the time proximate to the date of issue of
notification under Section 4 of the Act,
(3) Sale must be in the vicinity of the acquired land,
(4) Sales must be similar to the acquired land, and
(5) Size of plot of the land covered by the sales be comparable to the land acquired.
However, if there is a dissimilarity in regard to locality, shape, site or nature of land
between land covered by sales and land acquired, it is open to the court to
proportionately reduce the compensation for acquired land than what is reflected in the
sales depending upon the disadvantages attached with the acquired land.
SC-2011: Valliyammal and Ors. vs. Special Tahsildar (Land Acquisition) and Ors
Small Extent Sale for Large Extents of Land to be Acquired
It is now settled by series of judgments of this Court that determination of the

compensation on sq. ft. basis is a wrong principle of law, particularly when
large extents of lands are sought to be acquired for public purpose.
The question is: whether a normal, ordinary and prudent man, in given
circumstances, would be willing to purchase 1 acre and 6 gunthas of land
when offered in normal market conditions on sq. ft. basis? If the property is
situated in well developed cities like Nariman Point in Bombay and Connaught
Place in Delhi or other similar industrially well developed areas, the offer for
sale on sq. ft. basis may be understandable. One would, as a prudent
purchaser, shudder to purchase lands on sq. ft. basis.
SC-1996: Special Land Acquisition Officer, Bangalore vs. V.T. Velu
While fixing the market rate, very often, documents of smaller extent would be
taken as the basis. The normal rule in fixing compensation for large extent of
land with reference to the value shown in the sale document of lesser extent is
that there must be suitable deduction.
SC-2011:
5/26/2022
ValliyammalDr.and Ors. vs. Special Tahsildar (Land Acquisition)20
Reshmy Nair
Can Rate Fixation be Uniform across Acquired lands?
Depends upon the extent of the land acquired, the location, proximity to an access
road/Main Road/Highway or to a City/Town/Village, and other relevant circumstances:
(A). Small & compact extent of land and entire area is similarly situated: Appropriate to value
the acquired land at a single uniform rate.
(B). Large tract of land with some lands facing a main road/national highway and other lands
being in the interior, value the lands adjacent to the main road at a higher rate
(C) Large tract of land on the outskirts of a town (one end of the acquired lands adjoining the
town boundary, the other end being two to three kilometres awa): Belting method and the belt
or strip adjacent to the town boundary will be given the highest price, the remotest belt will be
awarded the lowest rate, the belts/strips of lands falling in between, will be awarded gradually
reducing rates from the highest to the lowest.
(D) Large tract of land with a radius of one to two kilometres but the entire land acquired is far
away from any town or city limits, without any special Main road access: Logical to award the
entire land, one uniform rate. The fact that the distance between one point to another point in
the acquired lands, may be as much as two to three kilometres may not make any difference.
SC-2010: Haridwar Development Authority Vs. Raghubir Singh (2010); SC-2005: Union of India Vs.
Harinder Pal Singh; SC-2007: Nelson Fernades Vs. Special Land Acquisition Officer; SC-1998:
Gulabi and etc. Vs. State of H.P., AIR 1998; SC-2013: Himmat Singh and others Vs,. State of MP
SC-2015: Peerappa Hanmantha Harijan (Dead) Vs. State of Karnataka
Award Components
The additional amount payable under Section 23(1A) of the 1894 Act is neither interest nor
solatium. It is an additional compensation designed to compensate the owner of the land, for the
rise in price during the pendency of the land acquisition proceedings. It is a measure to offset the
effect of inflation and the continuous rise in the value of properties.
SC-2009: Commissioner of Income Tax, Faridabad v. Ghanshytam (HUF) ; SC-State of Tamil
Nadu v. L. Krishnan; SC-2005: Assistant Commissioner, Gadag Sub-Division, Gadag Vs.
Respondent: Mathapathi Basavannewwa and others
Solatium awarded under Section 23(2) of the Land Acquisition Act is nothing but a money decree
and this amount is to be paid to a land-loser who is compelled to give up his title and possession
of the land against his will and wish. Therefore, this amount is nothing but a solace given in
addition to the market value of the land.
Solatium is a money comfort quantified by the statue and given as a conciliatory measure for the
compulsory acquisition of the land of the citizen by the welfare State.
SC-1991: Narain Das Jain (since deceased) vs. Agra Nagar Mahapalika
The word solatium draws its meaning from the word “solace” that is comfort money given as a
statutorily recognized gesture of conciliation for compulsorily depriving a land owner of his
property land owner, for compulsory appropriation of his property.
P&H HC-2008: M/s. Golden Iron and Steel Forging v. Union of India & Ors.

Now, coming to the manner in which the compensation has been determined. The stand of the
authority, both National Highway Authority and the Competent Authority, is that the revenue records
on basis of which notifications are issued under Sections-3-A & 3-D of that Act are sacrosanct, which
is far from truth. The revenue records only reflect the status of land at the time when Cadastral
survey or revisional survey was done and not the nature of land, after passage of time, when
it is being sought to be acquired.
Petitioners had pleaded and it has been accepted in the counter affidavit of the Competent Authority-
cum- District Land Acquisition Officer that they had established and were running the "Fauzi Café"
also known as "Fauzi Dhaba". They have brought on record that for all most a decade and half prior
to notification under Section-3-A of the Act, i.e., from 1994 itself the State was realizing land revenue
treating the land as being used for commercial purposes. Those certificates and tax payment receipts
have not been disputed. This march of time cannot be ignored only for the purpose of saving money
for the State at the cost of citizens, who are entitled to compensation, which compensation inherently
has to be a reasonable compensation. The guiding principles whereof are to be found in Section-3-G
(7) of the Act, being the market value of land, on the date of publication of notification under Section-
3-A of the Act. Merely stating that the Café was not acquired but the land of petitioners adjoining the
Café on the same plot was being acquired, which was vacant and, therefore, agricultural, is wholly
wrong. The very existence of commercial establishment in the shape of a Café on the land adjacent
and contiguous to the land establishes that the lands are being used for commercial purposes and
treating the revenue entries to be sacrosanct, this fact cannot be wished away. When it came to
realizing land revenue since 1995 State realized revenue treating the land to be under
commercial user but when it came to paying compensation the land usage becomes
agricultural notwithstanding the Café being undisputedly being there. This shows the mala
fide.
If we refer to the order impugned there is absolutely no mention of these facts much less
consideration thereof. The authorities do not dispute that pursuant to the directives of the State
Government a committee was formed to look into the nature of user of land. Where was the
evidence collected by the committee and where was it considered. To the contrary, the attitude
of the Competent Authority was that if petitioners were dissatisfied, they could appeal to the six
men committee. Again, something wholly de hors the statute. The committee was to aid in
determining the compensation. It was not appellate body and the whole idea was to resolve
disputes at an early stage and not prolong, the legal battles so that the matter may be quickly
settled and people, who are deprived of their lands, be paid adequate compensation
immediately and without long drawn litigations. Unfortunately, the Competent Authority
proceeded in total disregard to these facts.
 Petitioners have also brought on record various evidences with regard to valuation including
certificates from the Sub-Registrar‟s office. None have been even referred to much less
considered presumably on the basis of the stand that the revenue records were sacrosanct. If
the Cadastral survey or the revisional survey showed the lands to be agricultural then that was
the final verdict. Regrettably, that is not the law.
 Thus, for all the reasons aforesaid, I am unable to uphold that the impugned orders, as
contained in Annexures-12 & 14. They cannot be sustained, as being orders of adjudication by
the Competent Authority-cum-District Land Acquisition Officer, Buxar, quantifying the
compensation payable in accordance with law and they are thus set aside. The matter is
remanded for fresh consideration taking all materials into account and in accordance with law
at earliest preferably within three months from the date of production of a copy of this order
before the Competent Authority-cum- District Land Acquisition Officer, Buxar in this regard.
5/26/2022HC-2014: Divya Deep
Patna Dr. Reshmy Nair & Ors vs The Union Of India
Singh 24
Regard being had to the prevailing conditions at the time of notification, the
contemporaneous sale deeds, the future potentiality of the land, the
nature of the sale deed, the surrounding areas, I am of the view that the
determination made by the Land Acquisition Officer cannot be found fault
with and the price fixed for the land is in accord with the concept of
credibility of a prudent purchaser to purchase the same, apart from other
aspects, which are to be taken into consideration at the time of
determination of. compensation.
Patna HC, 2010: State of Bihar vs. Ram Shanehi Singh and Ors.

 In the present case, admittedly, the competent authority determined the compensation amount on the basis
of entry made in the revenue records but, in my view, that is not the intent of legislator for determination of
compensation amount because section 3 G (7) of the Act clearly says that at the time of determination of
compensation amount, market value of the lands shall be taken into consideration and furthermore, the
aforesaid market value of the lands shall be on the date of publication of notification under section 3 G of the
Act.
 Admittedly, petitioners have brought some documents to show that nearby lands of acquired lands are being
used for commercial purpose and nature of the acquired lands has already been changed as commercial
lands. In the present case, as I have already stated that the concerned authority failed to comply mandatory
provision of section 3 G (3) of the Act and, therefore, any determination of compensation amount by the
competent authority violating mandatory provision of section 3 G (3) of the Act is nothing but only an illegality
which can not be ignored by this court.
 However, it is admitted by both parties that six men committee have already been constituted by the State
Government for resolving the dispute regarding the nature of the acquired lands and up till now, the aforesaid
committee has not given its report. Therefore, in the aforesaid circumstances, I think it proper to dispose of
this writ petition giving direction to the petitioners to raise their grievances before the District Magistrate-cum-
Chairman of the aforesaid six men committee, Buxar annexing copy of this order within 30 days from today
and if the petitioners do so, the District Magistrate-cum- Chairman of the aforesaid six men committee, Buxar
shall place the grievance of the petitioners before the concerned committee within two weeks from the date
of presenting the grievances in writing and thereafter, the concerned committee shall enquire into matter and
give its finding/report regarding nature of the lands in accordance with law within two weeks from the date of
placing the grievances of the petitioners before the said committee. However, it is made clear that if any
award in respect of acquired lands of the petitioners has been prepared earlier by the concerned authority,
the same shall be deemed to be quashed.
Patna HC-2017: Jaleshwari
5/26/2022 Devi
Dr. Reshmy Nair& Ors vs The Union Of India & Ors 26
If we refer to the order impugned there is absolutely no mention of these facts much less
consideration thereof. The authorities do not dispute that pursuant to the directives of the State
Government a committee was formed to look into the nature of user of land. Where was the
evidence collected by the committee and where was it considered. To the contrary, the attitude
of the Competent Authority was that if petitioners were dissatisfied, they could appeal to the six
men committee. Again, something wholly de hors the statute. The committee was to aid in
determining the compensation. It was not appellate body and the whole idea was to resolve
disputes at an early stage and not prolong, the legal battles so that the matter may be quickly
settled and people, who are deprived of their lands, be paid adequate compensation
immediately and without long drawn litigations. Unfortunately, the Competent Authority
proceeded in total disregard to these facts.
 Petitioners have also brought on record various evidences with regard to valuation including
certificates from the Sub-Registrar‟s office. None have been even referred to much less
considered presumably on the basis of the stand that the revenue records were
sacrosanct. If the Cadastral survey or the revisional survey showed the lands to be
agricultural then that was the final verdict. Regrettably, that is not the law.
 Thus, for all the reasons aforesaid, I am unable to uphold that the impugned orders, as
contained in Annexures-12 & 14. They cannot be sustained, as being orders of adjudication by
the Competent Authority-cum-District Land Acquisition Officer, Buxar, quantifying the
compensation payable in accordance with law and they are thus set aside. The matter is
remanded for fresh consideration taking all materials into account and in accordance with law
at earliest preferably within three months from the date of production of a copy of this order
before the Competent Authority-cum- District Land Acquisition Officer, Buxar in this regard.
5/26/2022 HC-2014: Divya
Patna Dr. Reshmy
DeepNair
Singh & Ors vs The Union Of India 27
Whether a particular land is agricultural or not is essentially a matter of
fact. Several tests evolving in the decisions on this issue are "more in
the nature of guidelines". The question, therefore, has to be answered
in each case, having regard to the facts and circumstances of that
case. They had observed that there may be factors both for and against
a particular point of view, and therefore, the question has to be
answered on a consideration and evaluation of all of them. The
inference, accordingly, has to be drawn on a "cumulative consideration"
of all of the relevant factors.
SC-2021: Sarifabibi Mohmed Ibrahim & Ors

1. Whether the land was classified in the Revenue records as agricultural and whether it was subject to the
payment of land revenue?
2. Whether the land was actually or ordinarily used for agricultural purposes at or about the relevant time?
3. Whether such user of the land was for a long period or whether it was of a temporary character or by any of a
stopgap arrangement?
4. Whether the income derived from the agricultural operations carried on in the land bore any rational proportion
to the investment made in purchasing the land?
5. Whether, the permission under s. 65 of the Bombay Land Revenue Code was obtained for the non-agricultural
use of the land? If so, when and by whom (the vendor or the vendee)? Whether such permission was in
respect of the whole or a portion of the land?
6. Whether the land, on the relevant date, had ceased to be put to agricultural use? If so, whether it was put to
an alternative use? Whether such cesser and/or alternative user was of a permanent or temporary nature?
7. Whether the land, though entered in Revenue records, had never been actually used for agriculture, that is, it
had never been ploughed or tilled? Whether the owner meant or intended to use it for agricultural purposes?
8. Whether the land was situated in a developed area? Whether its physical characteristics, surrounding situation
and use of the lands in the adjoining area were such as would indicate that the land was agricultural?
9. Whether the land itself was developed by plotting and providing roads and other facilities?
10. Whether there were any previous sales of portions of the land for non-agricultural use?
11. Whether permission under s. 63 of the Bombay Tenancy and Agricultural Lands Act, 1948, was obtained
because the sale or intended sale was in favour of a non-agriculturist? If so, whether the sale or intended sale
to such non-agriculturists was for non-agricultural or agricultural user?
12. Whether the land was sold on yardage or on acreage basis?
13. Whether an agriculturist would purchase the land for agricultural purposes at the price at which the land was
sold and whether the owner would have ever sold the land valuing it as a property yielding agricultural
produce on the basis of its yield?
Depending upon the distance between the land from rural area proposed to be acquired
and the urban area, the multiplier factor was required to be prescribed from range given
i.e., from 1 to 2 and by limiting the exercise of calculating distance and that too radial
only upto 25 Kilometers from urban area, respondent/State has defeated the object and
purpose of the Act of 2013.
Mumbai HC-2015: Panjabrao v. The State of Maharashtra
The very object and purpose behind the variable component between 1.00 and 2.00
has been lost, if not robbed and finally drawing analogy from the view taken by the
Division Bench of Bombay High Court, the Court is left with no option but to strike down
the notification dated 4.12.2014 contained in Annexure-P1. A direction is issued that
keeping in mind the legal position which emerges, the State Government shall issue a
fresh notification indicating the multiplier factors, in terms of the guidelines laid down in
the statute and the judgment.
Chhattisgarh-2019: Anita Agrawal v. State of Chhattisgarh (supra); Lakhan Lal
Kashyap v. State of Chhattisgarh
Notification in Gazette mandatory for MF
In similar circumstances, the High I Court of Punjab and Haryana at Chandigarh in
Hardev Kumar v. Union of India, CWP No. 24548 of 215, took specific view that when
the law requires notification in Gazette, issue of instructions specifying multiplication
factor is not legal. The Court held that when the State failed to issue notification in
terms of Section 26(2) read with First Schedule to the 2013 Act before announcing
award by the District Collector is illegal and cannot be sustained. Mere issue of
instructions cannot be considered as compliance of statutory requirement.
Andhra HC-2019: Kesiraju Seetharamaiah and Ors.Vs. Union of India and Ors.
Rationale of MF
The basic reason which seems to be considered for providing higher multiplier factor
even upto two for lands situated in rural area sought to be acquired for the project is
dependence of the people on such land for their survival and livelihood, coupled with
low market price of such remotely located land, as compared to land situated in urban
area.
Andhra HC-2019: Kesiraju Seetharamaiah and Ors.Vs. Union of India and Ors.
The other aspect canvassed by the counsel for the petitioners are that in as much
as the compensation has now been agreed to be paid pursuant to the notification
referred to above, the petitioners are entitled to exemption from deducting TDS as
per Section 96 of the Right to Fair Compensation Act. The learned counsel
appearing for the Income tax Department (has also informed the Court that the
petitioners are entitled to the benefit of Section 96 of the RFCTLARR Act.
Madras HC-2019: Valliammal Vs The Chairman cum Managing Director Tamil
Nadu Electricity Board (Tamil Nadu Acquisition of Lands for Industrial
Purposes Act, 1997)

ASCI ANNOUNCED COURSE ON SIA
June 27 TO July 1, 2022
Developing
Entitlement Matrix
Entitlements matrix provides the

information about WHO is entitled to
WHAT type of compensation
and/or assistance based on Eligibility:
✓Compensation for land and assets
✓Compensation for lost income
✓Resettlement &
✓Income Restoration
Eligibility
1. Law (RFCTLARR Act, 2013)
2. Policy (2013 Act +)
3. Project Authority-Good Practice
Unit of Entitlement
❖ Individual/ Family or community.
RFCTLARR Act, 2013

❖ Family: A person, spouse, dependent minor children/brothers/sister
❖ Widows, divorcees, deserted women deserted are separate families
❖ Adult of either gender with or without spouse or children or
dependents
Tools to Assess Loss

❖Census/survey
❖PRA Exercises
Special Attention
Vulnerable groups (entitlement beyond law/policy)
❖ Categories of affected people
✓ Landowners,
✓Property owners –residential TH, Commercial TH
✓Informal Settlers(residential/commercial)-Residential NTH; Commercial NTH
✓Landless labourers
✓vulnerable groups
❖Types of loss associated

✓ loss of land/ assets;
✓ loss of access to land/assets
✓ loss of wages, rent, or sales earnings
✓ loss of public infrastructure
✓ loss of religious/cultural assets
❖ Compensation and assistance to each category

✓ Compensation for land and assets
✓ Resettlement Assistance-House, rent, sales earnings; transportation
grant, resettlement allowance
✓ Rehabilitation assistance: Employment, annuity, subsistence grant, skills
training etc.
ment
Titleholders- Loss of Land •Cash compensation
Land Land/ Owner(s) • Option for compensation for residual unviable land parcels
Assets/ • Replacement of water bores
Livelihood • Financial assistance for replacement of cattle-shed.
• For land-owners becoming landless/marginal, cash
equivalent of 12 months of Minimum Agricultural Wage
• In case of severance of agricultural land, an additional 10
percent of amount paid for land compensation.
• Advance notice of 4 months to harvest standing crops
• Crop/Tree compensation as assssed by Govt. Departments
• Right to salvage materials from affected land or structure.
Title-holders Loss of Land/ • Compensation at replacement cost without depreciation
Residential Structure structure •Affected structures of size less than 20 sq.m, which are fully
ment
Titleholders- Loss of Land/ •Compensation at replacement cost without depreciation
Commercial Structure structure •Affected structures of size less than 10 sq.m, which are fully
Residential/ Structure Household areas and Rs. 1500/month in urban area if the structure is
Commercial Structure Household areas and Rs. 2000/month in urban area if the structure is
ment
Squatters Loss of Individual/ 1. Compensation at replacement cost without depreciation
Residential Structure Household 2. Costs towards land and house construction as applicable
Commercial to economically weaker sections for residential
structures/Costs towards land and shop construction of 100
sq.ft. area for commercial area; whichever is higher (1) or 2).
• One time shifting allowance of Rs. 5,000
•Training assistance to any one member of the household
losing livelihood.
Encroachers Loss of Individual/ • Ex-gratia for impacted assets at replacement cost
Assets Household •Advance notice of 4 months in which to remove assets and
harvest standing crops
Additional Loss of Individual/ •Rental allowance for 6 months @ Rs. 1500/month in rural
Support to Structure Household areas and Rs. 2000/month in urban area if the structure is
Vulnerable fully affected/unviable
Groups •One time shifting allowance of Rs. 5,000
Category of Type of Unit of Entitlement
PAP Impact Entitlement
Employees in Loss of Individual •Training assistance for income generation

Shops, Livelihood • Lump sum financial assistance equivalent to 6 months
agricultural of minimum agricultural wages to those who cannot be
labourers and provided with training on alternative livelihood
sharecroppers opportunities
Community Loss of Community • Resources such as cultural properties and community

Assets community assets shall be conserved in consultation with the
assets community.
•Adequate safety measures shall be provided in the
design of highways
Minimum House Construction Package
Eastern Coalfields, a Mining

Company in India provides
Solution 3-Minimum Package for
those living in the affected area.
Pictures: Bhaluka Resettlement

Site, Sonepur Bazari Area,
Eastern Coalfields Ltd.
Compensation for Land/Assets
Valuation of Informal Structures (not legally constructed):
Issues:
▪ Some communities live for many years in informal settlements and projects change
their access to land/ livelihood.
▪ Not being legally constructed, may not be legally entitled for compensation.
Solutions:
1. Not entitled to compensated for land or dwellings which they do not own, but to be
paid for any improvements they made to the land (crops, structures)
2. If legalisation of informal residential structures is possible, assist the process
3. If social housing, welfare benefits or assistance to find employment exists under
national legislation, assist them to get these benefits.
4. Provide replacement cost of structure if it is constructed by them
5. Progressive: Provide replacement housing with security of tenure
Resettlement Colonies for Urban Informal Squatters, MUTP Project India

Addressing Issues of Squatters
▪ Households living in an informal (squatter) settlement in houses built from scrap

materials constructed on public land had to be resettled.
▪ No compensation could be paid to the affected households as they did not own the
land and their houses had no material value.
▪ Recognising their severe vulnerability (homelessness), the client organised
resettlement of the households to newly-built social apartments which were
constructed in consultation with the affected people (they chose the option of having
fire stoves in the apartments over electrical appliances).
▪ The households did not receive ownership of the apartments but signed five-year
rental agreements (for a nominal rent amount), with possibility of renewal if their
socio-economic status did not improve, giving them security of tenure and protection
from future eviction.
▪ The households were also assisted through livelihood restoration measures
(employment in public communal enterprises, vocational training, adult education,
opportunities for business start-up grants and loans).
▪ All members received new ID cards with a permanent residential address, all children
were enrolled into new schools and received free school materials, and all members
received health cards enabling them to access healthcare.
▪ Households that were even more vulnerable (single headed households, households
living below the poverty line, multi-member households, particularly those with many
children or an elderly or chronically ill family member) became beneficiaries of social
welfare assistance programmes provided under national legislation, such as cash
assistance, child allowance, disability payments, public kitchen programmes etc.
Source: Resettlement Guidance and Good Practice, EBRD

Addressing Issues of Squatters
▪ Households living in an informal (squatter) settlement in houses built from scrap

materials constructed on public land had to be resettled.
▪ No compensation could be paid to the affected households as they did not own the
land and their houses had no material value.
▪ Recognising their severe vulnerability (homelessness), the client organised
resettlement of the households to newly-built social apartments which were
constructed in consultation with the affected people (they chose the option of having
fire stoves in the apartments over electrical appliances).
▪ The households did not receive ownership of the apartments but signed five-year
rental agreements (for a nominal rent amount), with possibility of renewal if their
socio-economic status did not improve, giving them security of tenure and protection
from future eviction.
▪ The households were also assisted through livelihood restoration measures
(employment in public communal enterprises, vocational training, adult education,
opportunities for business start-up grants and loans).
▪ All members received new ID cards with a permanent residential address, all children
were enrolled into new schools and received free school materials, and all members
received health cards enabling them to access healthcare.
▪ Households that were even more vulnerable (single headed households, households
living below the poverty line, multi-member households, particularly those with many
children or an elderly or chronically ill family member) became beneficiaries of social
welfare assistance programmes provided under national legislation, such as cash
assistance, child allowance, disability payments, public kitchen programmes etc.
Source: Resettlement Guidance and Good Practice, EBRD

Addressing Issues of Squatters through other Statutes
Waste Management Project, Kyrgyz Republic
▪ The project authority did not want to assist informal waste pickers at the
landfill marked for closure as “they are illegal and therefore not entitled to
anything.”
▪ The legal gap analysis revealed that various forms of assistance could be
provided to this vulnerable group of people under national legislation
through relevant government institutions and agencies. The client agreed
with the approach and participated in the implementation of a livelihood
restoration plan.
▪ Laws and other regulations in various fields should also be reviewed to

assess gaps with relevant requirements – social welfare, social housing,
unemployment assistance, access to personal identification documents,
access to education, assistance for particularly vulnerable groups.
▪ We often consider laws only in relation to land acquisition (expropriation).

We could also look at at other available legislation which could provide the
squatters with the legal basis to provide assistance and livelihood
restoration.
Special Assistance for Vulnerable Persons
Artisan and Fez Medina Project

The Project proposed to redevelop a small neighbourhood abutting a
square at one of the main entrances Fes el Bali, (the largest of the two
historic medinas of Fez) to enhance local cultural and tourism attractions.
The specific assistance for Most Vulnerable PAPs are given below:
▪ Funding the return to school of four underage child employees
▪ Special Vocational raining programs to eligible vulnerable PAPs through

an agreement with an artisanal training centre in Fez to vulnerable PAPs
(20 young women employees and 35 young apprentices and to provide
specially tailored functional literacy programs
▪ Payment of additional compensation for temporary loss of income to 21

men and three women aged 60 or older given their greater difficulty in
adjusting to the new work environments
▪ Financial assistance for increased transportation costs to all the PAP

employees based on the value of a two-year public transit bus pass.
Compensation for Assets
IV Compensation for Partial Loss (Land/Structure/Access)
Issues:
1. Remaining land after acquisition may can become unusable or
depreciate in value.
2. Limitation on how land can be used in case of underground
pipelines/transmission lines
Solutions:
▪ Determine if project alignment can be altered to minimise impacts.
▪ For loss of physical access (landlocked cases), entire land should be
acquired/purchased.
▪ Limitations on how land can be used and ensuing impacts on livelihood
should be appropriately valued.
▪ If remaining portion of land is retained by the landowner, access may be
created or cost provided by the Project Authority.
Compensation for Assets
IV Time-lapse between Inventory Record & Valuation; Valuation & Payment

Issues
1. Record and Valuation: Deterioration in the living conditions of affected people as
they may not proceed with renovations or repairs to their houses.
2. Valuation and Payment: The compensation amounts may not represent
replacement value as a result of inflation.
Solutions:
▪ Census and asset inventory valuation may be done simultaneously.
▪ Affected people/households and businesses should be allowed to make
necessary improvements to their properties with permission.
▪ If implementation is delayed, the valuation of assets should be done prior to
execution of compensation to ensure replacement value
▪ Payment of interest for period between valuation, compensation Award/payment.
Indian Law:
Period between Valuation and Compensation Award: 12% on Market Value
Period between Award & Payment: Interest of 9%/15% in 1st Year/2nd year onwards
Defining Eligibility
Mining Project, India
▪ The project footprint included the road but also a safety zone
which would be used during construction for movement of
machines and later would continue to be an operational
safety zone in which no structures could be constructed.
▪ 100 households were located in the directly affected area and

were deemed eligible for compensation. However, an
additional six households were located outside of the safety
zone and were not included as eligible by local authorities.
▪ Resettlement planners raised concerns over their safety and

well-being and the census revealed that these households
had strong family and social ties with those being relocated
and as a result they were included within the resettlement
programme.
Adverse Impact of People without Formal Residence
Waste Project, Kyrgyz
▪ A significant percentage of waste pickers operating in a city waste dump

marked for closure came from other parts of the country and had registered
residency there. These individuals would not be able to benefit from project-
related employment opportunities as they could not be formally employed in
a place where they had no official residence.
▪ The Project Authority recognised this issue and agreed to work with relevant
institutions and affected people to help them register residence in the city so
they could be employed as part of the implementation of the project
livelihood restoration plan.
▪ One potential solution for those who had no friends or relatives residing in
the city was to register their residence at the address of city homeless
shelters.
Happy Learning…..
ASCI ANNOUNCED COURSE
ESTIMATING RESETTLEMENT COSTS

Introduction
Discuss:
▪ R & R Costing Plan Considerations
▪ Estimation of R & R Costs
Background
▪ R & R – Complex, contingent and adaptive process.
▪ Resettlement costs to be based on identified impacts/design interventions
▪ Costing to be updated during the actual implementation process
▪ Adequate provision for contingency to be included in the budget
▪ Contingency provisions may be larger than what rules allow given frequent
expected changes
Resettlement Cost Components
Compensation for lost assets
Relocation Costs
Rehabilitation and Income Restoration
Administrative costs
Contingency
Basis for Resettlement Cost Estimation
Legal/ ▪ Eligibility criteria for entitlements

Policy Framework ▪ Rate Determination (Not provided in all
country law/policies)
▪ Administrative cost specified by government
▪ Other process related requirements and
estimate of cost thereof.
Resettlement ▪ Relocation sites
Infrastructure Design ▪ Community infrastructure and services
▪ Transitional cost, if any
Census ▪ Number of affected and displaced people

▪ Immovable assets on land
(Quantity Calculation)
Socio-economic Survey ▪ Income and Living Standard for Livelihood

Restoration Programs
(cost estimate to be based on specific
livelihood interventions in each project)
Estimation of Compensation Costs
Compensation Costs: Cost of expropriated assets
Compensation: Total land * Value of Land (Rate) +Cost of Immovable Assets.
Cost Components
Quantity of land (Total Land Requirements)
▪ Land for the project including buffer zone (if any)
▪ Land for any substitute properties
▪ Land for replacement of common property resources
▪ Land for development of resettlement sites
▪ Other land requirement (temporary), if any
Price of Land (Rate Determination)

▪ Rate determination easy with active functioning land market
▪ Estimating Replacement Cost/consent price -varying practices
▪ Cost overruns a recurring feature in delayed projects
▪ Inflation allowances (provisioning)
Immovable Assets on land (Quantity and Rate)

▪ Structures, trees, crops and any other physical assets from census survey
▪ Horticulture crops and trees-assessment by state departments
▪ Govt. schedule rates for structures(excluding depreciation in IFI projects)
Estimation of Relocation Costs
Relocation Costs: Cost of physical relocation of people, livestock, businesses,

moveable properties etc.
Cost Components:
▪ Cost of Physical relocation (people/livestock/moveable properties etc)
(transportation cost, transfer fees, fees etc).
▪ Cost of resettlement housing/ monetary assistances.
▪ Cost of community Infrastructure and services in resettlement sites (replacement of
existing facilities; new facilities finalized with resettlers/host community)
▪ Cost of reconstruction of CPRs (Fuel/fodder arrangements etc.)
▪ Cost of agricultural site preparation costs (irrigation, access roads etc)
Note
1. Resettlement site development often underestimated (varying reasons)
2. Changing resettlement options by affected people play havoc with estimates
3. Cost overruns a recurring feature in delayed projects
4. Host community requirements often ignored
Estimation of Rehabilitation/Income Restoration Costs
Rehabilitation/Income Restoration Costs: Costs of ensuring opportunities for affected
people to restore their livelihood.
Cost Components
Minor/Medium impact projects
▪ Cost of subsistence/rehabilitation grant, if any
▪ Costs of providing temporary income support, if required
Proxy indicators Considered (High Impact Projects)

▪ Costs of providing temporary income support (duration varies with impacts)
▪ Costs in procuring productive assets for income restoration & related costs
▪ Costs for rehabilitation assistances
▪ Costs for training for employment opportunities, credit etc.
Note
1. Substantial Contingency funds requires to be earmarked:
▪ Often difficult to accurately plan with available information
▪ Alternative strategies if initial planning fails
2. Estimates based on proxies
3. Nature & scale of intervention varies from project to project
Estimation of Administrative Costs
Administrative Costs: Operating costs relating to preparation, implementation,
monitoring and evaluation of resettlement operations.
Cost Components
▪ Costs of Preparation of resettlement plans
✓ Specialized staffs: consultants, field staff , secretarial assistance etc
✓ Equipment costs
✓ Logistic and survey related costs
✓ Costs for obtaining information for plan preparation
▪ Technical assistance costs: training capacity building of staff
▪ Information disclosure, consultation and GRM
▪ M&E costs: concurrent, periodic, post implementation etc.
▪ Administrative charges
Note
Varies with:
1. Scope and complexity of project
2. Institutional arrangements for project implementation (separate resettlement agency;
existing staff; contract staff)
Contingency Cost
Contingency Costs: To meet expenditure on uanticipated impacts or obligations.
Considerations:
▪ R&R planning a dynamic process and requires adaptive approach;
▪ Both physical and price contingencies necessitate adequate reserves.
Planning Phase Implementation Phase
• Engineering design • Engineering design

• Inadequate attention to legal • Unpredicted resettlement impacts
requirements. • Changes in R & R options by the
• Inaccurate/incomplete surveys community
• Additional livelihood restoration
requirements
• Time schedule for resettlement
▪ Resettlement costs to be reassessed after finalization of engineering designs

▪ Contingency Cost 10–25%; varies with project complexity/inadequate
information for planning etc
Contingency Costs-Need for Flexibility and Far-sightedness
Hydro Project, India: Project delayed by more than five years

▪ Change in design for the diversion barrage-additional land requirement
and increase in the number of affected people.
▪ Policy change mandating additional resettlement assistance
▪ Initial survey reflected no displacement; later on atleast 50 families (10
titleholders and 42 squatters were found to be in the submergence area
▪ Additional land for resettlement of displaced families added on the
number of DPs.
Hydro project, Pakistan: 500% increase in Project Costs

▪Design changes and additional land requirement/resettlement impacts
▪Corrupt practices involved in purchasing the tunnel boring machine
(Transparency International Pakistan)
Resettlement Costs Summary
Cost Summary Of A Project Involving Relocation Of Affected Communities
Cost Heads Cost Components
Compensation ▪ land for the project including buffer zone (if any)
Costs ▪ land for any substitute properties
▪ land for replacement of common property resources
▪ land for development of resettlement sites
▪ Structures, trees, crops and immovable assets on land
Relocation Costs ▪ physical relocation
▪ resettlement housing/ monetary assistances.
▪ transitional stay arrangements if any
▪ community Infrastructure and services
▪ reconstruction of CPRs
Rehabilitation/ ▪ Costs of providing temporary income support
Income ▪ Costs in procuring productive assets for income restoration
Restoration Costs ▪ Costs for rehabilitation assistances
▪ Costs for training for employment opportunities, credit etc.
Administrative ▪ Costs of Preparation of resettlement plans (surveys, staff, logistics etc)
Costs ▪ Technical assistance costs: training capacity building of staff
▪ Information disclosure, consultation and GRM
▪ M&E costs: concurrent, periodic, post implementation etc.
▪ Administrative charges provided in national/provincial policy
Contingency ▪ About 20-25 percent of estimated resettlement costs
Happy Learning…..
SESSION 1
BACKGROUND
Prof. (Dr.) Reshmy Nair
Director
Centre for Excellence in Management of Land Acquisition,
Resettlement and Rehabilitation (CMLARR)
Administrative Staff College of India (ASCI), Hyderabad
PART I
JOURNEY TO NEW LAND ACQUISITION

LAW & KEY LESSONS LEARNT
1. Is right to property a fundamental right in India?
a)Yes b) No
2. Can both Centre and State frame laws on land acquisition?
a) Yes b) No
3. Can state laws contradict provisions of central law?
a) Yes b) No
4. Is Resettlement and Rehabilitation a legal requirement for
acquiring land?
a) Yes b) No
5. What is to be done when law, state policy and company policy
all differ in R & R entitlements and eligibility? What is to be
followed?
6. Why doesn’t requiring bodies purchase land directly from
landowner instead of acquiring?
LAND ACQUISITION
Right to property may not be a fundamental right any longer, but it is still a
constitutional right under Article 300A and a human right as observed by this
Court in Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel and Ors (SC-
2008). In view of the mandate of Article 300A of the Constitution of India, no
person can be deprived of his property save by the authority of law.
Article 300A of the Constitution of India embodies the doctrine of eminent

domain which comprises two parts
(i) possession of property for a public purpose
(ii) payment of reasonable compensation.
State of Bihar and Ors. v. Project Uchcha Vidya, Sikshak Sangh (SC-2006)
Jelubhai Nanbhai Khachar and Ors. v. State of Gujarat (SC-1995)
Bishambhar Dayal Chandra Mohan and Ors. v. State of UP (SC-1981)
Girnar Traders v. State of Maharashtra and Ors. (SC-2007)
4
1947 to 2004:
❑ Huge Infrastructure projects and massive LA
❑ Specialised legislation-Highways (1956), Mining (1957), Pipelines (19620
❑ Development induced displaceds-60 million; 40 percent were tribal.
1990s:
❑ Emergence of organised protests movements led by the civil society
groups
❑ Development of R & R policies by state governments and public sector
organisations (NTPC, 1993; Coal India, 1994).
2000s:
❑ Violent protests rocked several parts of the country-Singhur, Nandigram etc
❑ Development of National Policy
❑ LAA, 1894-Absence of provisions for resettlement & wide misuse
❑ Initiates work on an Integrated law
There is no provision in the Act for rehabilitation of persons displaced from their land
although by compulsory acquisition, their livelihood gets affected. Moreover, acquired
land remains unused and untilised for years. The Act has become outdated and needs to
be replaced at earliest, by fair, reasonable and rational enactment in tune with
Constitution provisions.
SC-2011-Ramji Veerji Patel v. Revenue Divisional Officer
Frequent complaints and grievances in regard to the following areas, with reference to
the prevailing system of acquisitions governed by the Land Acquisition Act, 1894,
requires the urgent attention of the State Governments and Development Authorities:
(i) absence of proper survey & planning before embarking upon acquisition;
(ii) indiscriminate use of emergency provisions in Section 17 of the LA Act;
(iii) notification of areas far larger than what is actually required
(iv) offer of very low amount as compensation by Land Acquisition Collectors,
necessitating references to court in almost all cases;
(v) inordinate delay in payment of compensation; and
(vi) absence of any rehabilitatory measures.
SC-2010: Bondu Ramaswamy v. Bangalore Vs Bangalore Dev. Authority
❖ LA legislation with 17 amendments has an interesting journey
❖ Land Acquisition Review Committee Report, 1970

4 possible dates with reference to Market Value Determination
(1)date of publication of S. 4 notification,
(2)date of publication of S. 6 declaration
(3)date of making the award/ order of compensation,, and
(4)date of taking possession of the land.
“The LAA 1894 is over 75 years old. When enacted it was not faced with the requirements of the Constitution of India. It is
remarkable that broadly speaking, it fulfilled the needs of the community for such a length of time. Even today, the Act is not so
much vulnerable on its provisions as on the way the executive auth ority tried to implement them. From one end of the country
to the other, the same story has been repeated again and again that it has been used as an engine of oppression by the
administrative authorities and the weaker and poorer sections of the community have suffered the most. The complaint (not
without substance) is that only an illusory compensation was awarded in an appreciable number of cases and that too was not
paid for years. Emergent acquisition became the order of the day without the existence of any emergency. The law was ignored
and the exception was made the law perhaps on the ground that observance of the law would have meant delay. The executive
mind considered the delay in acquiring possession as a matter of great importance but the delay in payment of compensation
to poor landowners as of no consequence. This callous indifference was manifested again and again. Many of the sufferers lost
their hereditary occupation also which alone provided them with some sort of economic security. As a result, quite an
appreciable number of citizens were completely uprooted and turned into refugees in their own land of birth”
Land Acquisition Review Committee, 1967
THE RFCTLARR ACT, 2013 –THE JOURNEY
2007 - The National Rehabilitation and Resettlement Policy (NRRP), 2007

Land Acquisition (Amendment) Bill, 2007 to amend the Land Acquisition Act, 1894
Feb 2009 -Bills passed by Lok Sabha, referred to Rajya Sabha-Lapses due to the dissolution of
the Lok Sabha.
5th September 2011 - LARR Bill, 2011 approved by the Cabinet.
7th September, 2011 - Introduced in the Lok Sabha, on.
13th September, 2011 - Referred to the Parliamentary Standing Committee.
17th May, 2012 - Committee gives Report .
28th August, 2012 -Cabinet refers the matter to the Group of Ministers (GOM)
13.12.2012- Cabinet approved the amendments.
09.04.2013, 18.04.2013 & 05.08.2013 - Three All Party Meetings.
08.08.2013 - Official amendments to the LARR Bill approved on by the Cabinet.
29th August, 2013- Lok Sabha, approves the Bill.
4th September, 2013 - Rajya Sabha approved with certain amendments 5th September, 2013 -
Lok Sabha, agrees to the amendments to it on.
26th September 2013 – Presidential Assent.
1st January 2014- RFCTLARR Act becomes effective .
December 2014 -RFCTLARR (Amendment) Ordinance, 2014 (Effective from 1st Jan 2015)
March 2015 - 2014-RFCTLARR (Amendment) Bill, 2015 passed by Lok Sabha
April 2015 - 2014-RFCTLARR (Amendment) Ordinance, 2015
May 2015: RFCTLARR (Amendment) Second Ordinance 2015
August 2015: RFCTLARR Removal of Difficulties Order, 2015 from 1st September 2015)
RFCTLARR (Amendment) Bill pending with the Joint Parliamentary Committee
8
RFCTLARR Act, 2013 follows many global good practices
❖Social assessment as a pre notification decision making tool

❖Emphasis on alternatives that minimizes land requirement & displacement
❖R & R entitlements for titleholders and non-titleholders
❖Revised methodology to arrive at compensation/hiked up rates
❖No displacement before completion of R & R
❖ Consent (SAs), Consultation and information disclosure at different stages of LA
❖ LA to be demonstrated last resort-Multi-crop lands and Scheduled Areas
❖Monitoring at multiple levels-Project, State and Centre; & social audit
❖Specialized Appeal Body against entitlements and time-bound redressal
RFCTLARR Act State Rules vary
• Consultation
• Consent
• Multiplication factor
• Land purchase limits
• Multi-crop restrictions
Determination of Market Value (Section 26)
(1) Take the higher of the following- 26(1)
❖ minimum land value as per Indian Stamp Act, 1899 for registration of sale deeds
❖ 50% of the higher sale proceeds of land during the last three years in nearest vicinity,
❖ consented amount of compensation incase of acquisition for private /PPP project
(2) Apply Multiplier between 1 and 2 in rural areas State-wise Multiplication Factor
Determination of Compensation (Section 27 & 30)

(1) Add value of assets to market value of land
(2) Additional components, if any on land
Determination of Final Award (Section 30)

Award = A + B + C, Where
A =Compensation Market Value* Multiplier plus Value of Assets on land
B = Solatium (100 % of A)
C =Additional Market Value-12% on MV
Compensation Calculation-Illustration MV- Average Price Consent
Stamp in Vicinity ed
Duty Amount
Multiplication Factor (Rs. ‘000) per ace
• Market Value in S. 26 (1) = Rs 150
100 •There are 10 Rs.
• To be multiplied by 1.5 = Rs 225 transactions 120
• Cost of Structure = Rs. 50 •Top five per
• Cost of Trees = Rs. 25 transactions are: acre
1 –200
Compensation = 225+50+25 =Rs. 300 2 – 150
Solatium = Rs. 300 3 – 125
Award = 300 + 300 + AMV (12%) . 4 – 110
5 – 80
Average = 150
❖ AMV @12% for rise in value
Exclusions:
❖ Interest of 9&15% to account delay •Any price not indicative of the actual prevailing
❖ Income tax (& TDS) exempted from market value (in the opinion of the Collector).
•Any price paid as compensation for land
compensation acquired on an earlier occasion in the district.
❖First legislated relief for non-title holders
❖Covers all land acquisition projects irrespective of sector/number of persons
❖Extends to land purchases by private entities beyond fixed limits.
Resettlement and Rehabilitation benefits- S.31/32, Schedule II & III
Affected families (land owners & livelihood losers)

❖ R & R Package - Choice of employment/5 lakhs/Rs. 2000 per month for 20 years
❖ One-time Resettlement Allowance: Rs. 50,000/
❖ Fishing rights in reservoir
❖ Land for land-Irrigation projects (as far as possible) I acre (2.5 acres for SCs/STs) in command area
❖ Land for Urbanization Purposes-20% of the developed land will be reserved in lieu of compensation
Displaced Families (physically displaced & resettled)
❖ Housing (including those without homestead land and staying for 3 years) – Rural Areas (IAY
specifications/costs); Urban areas (house of 50 sq.mts plinth area/min Rs. 1,50,000).
❖ Subsistence grant – Rs. 3000 per month for one year (plus Rs. 50,000/ for SCs/STs).
❖ Transportation grant for all displaced families - Rs. 50,000/
❖ One time grant to artisan/traders/self employed - Rs. 25,000/
All monetary rehabilitation grants and benefits to be adjusted based on the Consumer Price Index.
Institution Responsibility
Social Impact Assessment Unit Getting SIAs conducted as per Act
Expert Group Appraisal of SIA Study
Administrator Formulation, execution & monitoring R & R
Commissioner, R & R Approval/supervision of R & R/Social Audit
R&R committee (>100 acres) Monitor/Review of R & R-S.45 (1) & (2)
National/State Monitoring Committees Review & Monitor of R&R-S. 48 & 50.
LARR Authority Disputes relating to LARR Award, S.51(1)
Modes
❖ Official gazette
❖ Newspapers
❖ Prominent places in locality publications
❖ Local language in the panchayat/ municipality/offices of DC, SDM and Tehsil
❖ Website created for the purpose
❖ Public Hearings (SIA & Draft R & R Scheme)*
❖ Public Meeting with Gram Sabha (after PN Notification)
When should this be done?
❖ Commencement of SIA study, S.4 (1)
❖ SIA Report and SIMP, S.5
❖ Recommendations of the Expert group, S.7(6)
❖ Decision of the appropriate government on SIA Report and SIMP, S. 8(3)
❖ Preliminary Notification, S.11
❖ Draft R & R Scheme, 16, (4), (5) (6),
❖ Approved R & R scheme, S.18
❖ Decision of government to extend date of PN/Declaration/Awards
❖ Claims to compensation, S.21 (including individual notice)
❖ Award, S.37
Processes and Timeline
Notification of SIA –Section 4 –within 15 days to ONE month of deposit of the SIA fee
Submission of SIA Report, Appraisal & Approval –Section 4-8-WITHIN 6 MONTHS
Preliminary Notification (PN) - Section-11-WITHIN ONE YEAR OF APPRAISAL
Land Records Updation-Section 11(5) – TWO MONTHS of Section 11(1)
Hearing of Objections - Section 15 (1)- Within 60 days of PN Publication
Preparation of Draft R & R Scheme by Administrator and Public Hearing
Publication of Declaration and Summary of R & R- ONE year of Section 11 (1)
Claims to Compensation and Claims to R & R-Section 21- 30 days to 6 months of the Notice
Award (Compensation and R & R), Section 23; within ONE year of Section 19
Possession of Land after completion of R & R Section 38; Compensation (3 months); & R (6 months);
Infrastructure (18 months)
15
1 Jan, 2014 RFCTLARR Act, 2013 comes into force
31 Dec, 2014 RFCTLARR (AMENDMENT) ORDINANCE, 2014 promulgated. Extends
Compensation/R & R norms from 1/1/2015 to Schedule IV legislations
24 Feb, 2015 RFCTLARR (Amendment) Bill, 2015 introduced in Lok Sabha (LS)
10 Mar, 2015 RFCTLARR (Amendment) Bill, 2015 passed in LS
3 April, 2015 RFCTLARR (Amendment) Ordinance incorporating amendments by LS
11 May, 2015 RFCTLARR (Amendment) Second Bill, 2015 introduced in LS
13 May, 2015 RFCTLARR (Amendment) Second Bill, 2015 referred to the Joint Committee of
Parliament
30 May, 2015 RFCTLARR (Amendment) Second Ordinance, 2015 promulgated
28th Aug,15 RFCTLARR ‘Difficulty Removal Order’ w.e.f 1st Sept’ 2015-To lend continuity to
applicability of compensation/R & R norms in Schedule IV legislations including
CBA (A & D) Act, 1957
MoC -26/9/15 Section 9 after 1.09.2015: Cut off date for applicability of compensation/R & R
Applicability to COAL-Prior to 1st Sept’2015, HIGHWAYS & RAILWAYS-

Schedule IV Compensation not yet determined 01.01.2014
Enactments (Approved by CA)

Lesson 1
Extended Timelines for Acquisition Hyped
RFCTLARR Act, 2013 can be implemented within a reasonable timeline
Snapshot of First Year of RFCTLARR Implementation

Orissa: 4500 acres
Timeline: PA and Award in less than a year in more than 80 percent cases
Karnataka: 2300 acres
Timeline: Few acquisitions in 1-1.5 years, avg timeline (PN & Award-2.2 years)
Tripura: 81 acres
Timeline: Acquisition process including the SIA is 7-9 months
Manipur: 535 acres
Timeline: 358 acres were acquired in just about a year; 40 acres took about 1.5 years;
137 acres were acquired in three years. All the three acquisitions included SIA
Madhya Pradesh:1000 acres.
Collected as Part of Study on Alternatives to Acquisition of Land for World Bank
(Sample Cases)
Procedural Issues/violations
18
Lesson 2
Tardy Implementation of RFCTLARR Act, 2013
Several Procedural Gaps in Implementation of the Law
1. Provisions in the Law-Gaps in Implementation

 SIA-Academic Exercise or Tool for Project Planning??
✓Capacity of institutions-Mandatory procedure that does not add value
✓Monitoring effectiveness and timely submission of SIA Reports
✓Budget-veracity of SIA budget by the empaneled institutions
✓Criteria for determining livelihood losers
 Institutional/Monitoring Mechanisms
 R & R Exclusion
 Compensation calculation
2. New Procedural Clauses Not implemented in Many Cases

▪ Consultation/Transparency Norms
▪ Service of Notice
▪ Meeting with local bodies after Preliminary Notification
19
Lesson 3-Varying Practices
Sample 1: Vast differences in Sales Value and Guidance Value
Dry Irrigation Bagayath Total
Avg. Guid. Avg. Guid. Avg. Guid. Avg. Guid.
AV+GV 176 89 50 315
% 55.11 44.89 12.36 87.64 10.00 90.00 35.87 64.13
Range Total %
0-50 51 46.79
50-100 20 18.35
100-500 29 26.61
500-1000 6 5.50
1000-1500 3 2.75
Total 109 100
Sample 2: Rate Fixation-Consent Award (2013 Act) < General Award (1894 Act)
Village Basic Avg. Avg Rate Basic Rate/ Village Basic Average MF of Solati AMV Final Basic Rate/
rate Dry Wet by Final rate Rate of Top 1.5 um of Rate Final rate
(Rs. Rate Rate DLNC 50 % 100%
Lakhs) Sales
A 6 7.25 10.87 10.87 1.30 23.04 1:3.84
A 0.80 0.82 0.85 4.30 1:5.38
B 6 6.62 9.93 9.93 1.19 21.05 1:3.51
B 0.94 3.18 0.99 6.14 1:6.53
C 4.5 6.70 10.05 10.05 1.21 21.31 1:4.74
C 0.94 2.18 3.68 9.60 1:10.21
D 4 5 7.5 7.5 0.90 15.90 1: 3.98
Other Issues
1. Taking Guidance Value/Circle Rate (S.26 (1) (a) as the ONLY factor
2. Taking average separately for three years
3. Solatium/Additional Market Value Calculation
20
4. Collector determining floor price where 26 (a) do not exist
Lesson 4-Varying Parctices
Mandatory R & R in Statute-Varied Practices
Despite Central Legislation mandating R & R , there is no uniformity in

Implementation of R & R Entitlements across states/projects
Legal Provisions
R & R to be an Integral Part of the Land Acquisition
R & R for both Titleholders & Non-Titleholders
Broad definition of family; adults considered as separate families
Practices vary across Projects/States/Statutes

 R & R as per Company/State R & R Policy
 Declarations are passed without Summary of R & R
 R & R (Employment/annuity/Five lakhs) only for Physically Displaced
 R & R Package only for Economically Displaced (varying thresholds)
 R & R Package only when employment is generated
 Definition of Family not broad based as in the Act
21
Lesson 5
Typos/Errors in the Act result in varying Practices
Judiciary Intervenes
No Action yet on Typos/Errors/Inconsistencies in the 2013 Act:

E.g. S.30 (3) & 69 (2), 41(6), S.46, S. 43, S.64 2 (b) etc.
This Court would suggest that the competent authority of the

Union Government may seriously consider the necessity of
appropriate remedial amendments of the abovesaid provision
contained in the first limb of clause(b) of Sec. 64(2), so as to
substitute the words "Section 21" appearing therein as "Sec.
37(2)", etc.
Kerala HC: 2018-Pushpaja M. Vs. State of Kerala and Ors
Section 30(3) & 69(2)-Varied Practices

41(6)-Potential for misuse
22
Lesson 6
Impact of 2013 Act on Other Legislations Post 2013 Act
Judicial Interventions on Missing Provisions in Other Legislations
Absence of timeline in other legislations

The government may incorporate provision specifying time limit for determination of the
compensation in the Tamil Nadu Highway Act similar to Section 11A of the LAA, 1894 and
Section 25 of RFCTLARR Act, 2013 (2014).
Madras HC-2015-S.N. Sumathi Vs. State Of Tamil Nadu
Absence of Provision of Solatium and Interest
‘Equity is a mitigant to the harshness of common law" is a well-known Common Law maxim.
Several Benches of this Court, from time to time have consistently applied the equity resting
in this maxim to mitigate the harshness of this requisition statute, thereby providing for
payment of interest and solatium to affected/dispossessed parties in cases of extensive
protraction, where the statute ex facie provides for neither of these ameliorators’
SC-2015: Defence Estate Officer Vs.Syed Abdul Saleem
The provisions of the Land Acquisition Act relating to solatium and interest contained in
Section 23(1A) and (2) and interest payable in terms of section 28 proviso will apply to
acquisitions made under the National Highways Act. Consequently, the provision of Section
3J is, to this extent, violative of Article 14 of the Constitution of India and, therefore,
declared to be unconstitutional
SC-2019: Union of India Vs Tarsem and Others.
23
States Amend the Law Before Implementation..
State RFCTLARR Amended Acts Tamil Nadu, Gujarat, Telangana, AP,

Karnataka, Maharashtra, Jharkhand,
Haryana
Exemption for conduct of SIA Gujarat, Telangana, Jharkhand, Mah., AP
(for Expansive list of Projects)
Exemption from Consent Requirements Gujarat, Telangana, Jharkhand, Mah, AP
Exemption for Multi-crop land Restrictions Gujarat, Telangana, Jharkhand, Mah. AP
Monetisation of R & R Gujarat, Maharashtra (50% of compensation for
less than 100 acres/linear projects), Telangana
Retrospective Applicability Gujarat, Telangana (Excludes Stay Period &
deposited in designated account), Haryana
Voluntary Purchase Telangana, AP
Return of unutilised land Telangana and AP (Period for setting up of
project or 5 yrs, whichever is later)
Inclusion of Consent Award Gujarat, Telangana, AP, Maharashtra
State Acts Under Separate Schedule (similar to Tamil Nadu and Maharashtra
Central legislations in Schedule IV
Land Purchase - Ppolicy improvements required for Sustainability
Karnataka, UP, Chhattisgarh, Odisha, West Bengal, MP, Maharashtra etc
Benefits
 Saving of administrative cost
 Faster procurement process
 Quick receipt of land price by farmers without any hassle
 Fairer price determination etc.
Drawbacks
 Lower Compensation (Except Karnataka, Maharashtra, Telangana and Odisha).
 No R & R (some provisions in Odisha)
 No Income tax Exemptions
 Lack of Institutional arrangements
 Hold-outs (more serious in cases where no feasible technical alternatives exist)/Disputed Titles
 Legally vulnerable as Livelihood losers are excluded from benefits
 Largely lack due diligence measures relating to irrigated land, scheduled areas etc.
If the competent authority among the respondents wishes to acquire the lands of the petitioners for the purpose
of widening of road or any such other bonafide public purposes, then they can do so only after rigorous
observance of the provisions contained in the valid enactment relating to acquisition of lands. Further it is also
ordered that, the respondents shall not compel the petitioners to execute any surrender.
Kerala HC: Malayora HighwayDr.
6/30/2022 Action Committee
Reshmy of Vannathipoyil to Thottipalam Road Vs.State of Kerala
Nair 25
PART II
ISSUES IN COMPENSATION,
RESETTLEMENT & REHABILITATION
COMPENSATION
1. VARYING PRACTICES IN CALCULATION (DISCUSSED IN DETAIL)
2. COMPENSATION IN AGREEMENT-LESSER THAN 2013 ACT NORMS

We thus find considerable force in the contentions of the petitioners that
there has been arbitrary fixation of price of the lands of the petitioners by the
respondents and possible coercion by State in obtaining their signatures for
parting with their land. So we declare that the agreements/consent
awards entered into by the petitioners with the State are vitiated by
coercion, that they are unconscionable and consequently
unenforceable invoking Sec. 19 and 23 of the Contract Act, 1872. We
also hold that the action of the respondents is also violative of Art. 14 and
300-A of the Constitution of India. Consequently, the petitioners would be
entitled to compensation as if their lands had been acquired under 2013 Act.
Telangana HC-2020: Merugu Narsaiah Vs. State of Telangana
3. COMPENSATION (2013 ACT) VS. EMPLOYMENT – CAN IT BE

SUBSTITUTED?
28
SECTION 4 SECTION 9 SECTION 13 (5)
2001 2004 2020
Section 13 (5) MV (Circle rate) at S.4-1,00,000 MF of 2 15.76 lakhs
NEW ACT Escalation @12%+ Solatium (100%) Interest @
9 (1st yr) 15% (2nd year onwards)
Section 13 (5) MV (Circle rate)-1,00,000 Escalation @12%+ 5.64 lakhs
OLD ACT Solatium (30%)
Interest @ 9 (1st yr) 15% (2nd year onwards)
Present rate Circle rate-2.90 lakhs (10% annual increase) + 2.9*2*2 = 11.6
MF - 2; Solatium - 100%
Landowner A Owns 1 acre; Earns livelihood cultivating 6 acres including 5 acres on lease
Landowner B Earns livelihood from a dhaba coming in the affected area
Landowner C Owns 3 acres which will be acquired. Dies in 2005. His two sons aged 27 and
30 years earn their livelihood from vegetable/fruit cultivation on the affected
land; they demand two employment and market value of land as per 2013 Act
Landowner D Offered employment for 2 acres of his land; his only daughter files a case that
they did not receive market value for their inherited land in which she too had
a share. Demands entitlement under the 2013 Act.
Landowner E Owns 2.5 acres land; purchased in 2015
Elements of R & R entitlements for all the affected families (both land owners and the
families whose livelihood is primarily dependent on land acquired) in addition to
those provided in the first schedule.
DISPLACED FAMILIES
Provision of housing units (l) Rural Areas-Constructed house-Indira Awas Yojana
in case of displacement (2)Urban areas-Constructed house-50 sqmts plinth area.
(3)Same benefits-without homestead land, residing for 3yrs
(4)Monetization- Urban areas-1.5 Lakhs/equivalent in rural
(5)No affected family to be given more than one house
Subsistence grant-displaced families Rs. 3000 Per month for ONE Year from the date of award
Transport cost- displaced families One-time financial assistance of Fifty Thousand Rupees
Displaced artisan, small traders etc. One time minimum financial assistance of Rs. 25000
Cattle Shed/ Petty Shop Minimum one time minimum assistance of Rs. 25000
AFFECTED FAMILIES
Choice of Annuity or (a)Employment-where jobs are created through the project-one member
Employment for Affected per affected family/ arrange for a job in such other project
Families (b)one time payment of 5 lakhs rupees per affected family; or
(c)annuity policies -Not less than 2000 per month for 20 years (Index)
Resettlement Allowance
One-time "Resettlement Allowance" of Rs. 50,000 rupees only.
to each affected family
Resettlement & Rehabilitation
R & R APPLICABLE NORMS
Section 107: Nothing in this Act shall prevent any State from enacting any law
to enhance or add to the entitlements enumerated under this Act which confers
higher compensation than payable under this Act or make provisions for
rehabilitation and resettlement which is more beneficial than this Act.
2013 Act
❖ Affected Family based (both losing land/assets as well as livelihood)
❖ Adults in Affected Family are Separate units for R & R
CIL R & R Policy

❖ Employment Land (Acre) Based
Odisha R & R Policy

❖ Sector based
❖ Employment primarily for Industrial, mining; linear (eligbility in some cases)
❖ Land for land/in lieu compensation in water resource projects
❖ Major children; widow/divorced; minor orphan;physically/mentally challenged
31
CIL R & R policy RFCTLARR ACT
One Employment for 2 acres of land Where jobs are created in project
employment at minimum wages, to at
least one member per affected
family/5 lakhs/annuity
Land to be Acquired 500 acres
Jobs Generated NIL
Employment as per CIL Policy 250
PAFs 230
Landowners cultivating leased land 10
Petty shops/Hotel/eatery 25
Caretakers on horticulture farms 5
Landowner A losing 10 acres or more 5
32
Rehabilitation-Odisha R & R Policy (Mining Projects) Compensation in lin
lieu of employment
Category I-Displaced families losing all land including 9,10,000
homestead land
Category II- Displaced families losing more than 2/3rd of 5,46,000
agricultural land and homestead land.
Category III- Families losing all agricultural land but not 3,64,000
Homestead land
Category IV - Displaced families losing more than 1/3rd of
agricultural land and homestead land 1,82,000
Category V- Displaced families losing only homestead land
Category VI- Families only losing agricultural land in part
1. Landowner eams livelihood from 6 acres out which 3.5 acres is coming under acquisition
2. Landowner loses 10 acres of land completely
3. A is earning his livelihood from a eatery coming under acquisition; owns 3 acres of land
4. Tenant is working on owners land for over 5 years
5. Tenant earns livelihood from petty shop on lease land for over a decade
6. What is the statutory role of the RPDAC?
Rehabilitation-Odisha R & R Policy (Water Resources) In lieu
Compensa
tion
Homestead land-10 cents
Self Relocation + Housebuilding assistance 3.7 lakhs
ST Displaced/Affected* families-2.5/5 acres irrigated/dry land 4.6 lakhs
Non ST Displaced/Affected* Families-2/4 acres irrigated/dry land 3.6 lakhs
Maintenance Grant (per annum) Rs. 3640 pm
Transportation allowance Rs. 3640
Assistance for Shed 18,200
*losing more than 75 percent of agricultural land; >75%- equal land subject to
above limits
1. Landowner A loses entire homestead land
2. Landowner B (ST) loses entire agricultural land of 8.5 acres to the project
3. Landowner C (GEN) loses 1.5 out of 3 acres of agricultural land
4. Landowner D is a barber and earns livelihood from a barber shop to be acquired
ACT, CIL POLICY & STATE POLICY
The policy issued by the SECL in the year 2002 makes such provision, however, a
reading of the Policy would indicate that the said policy does not have any statutory
force, whereas, the Rehabilitation Policy issued by the State of Madhya Pradesh has
been issued for and on behalf of the Governor of Madhya Pradesh.
It is now well settled that any guidelines which do not have any statutory flavour are
merely advisory in nature. They cannot have the force of a statute. They are subservient
to the legislative Act and the statutory rules. (See Maharao Sahib Shri Bhim Singhji v.
Union of India, (1981) 1 SCC 166, J.R. Raghupathy v. State of A.P., (1988) 4 SCC 364
and Narendra Kumar Maheshwari v. Union of India, 1990 (Supp) SCC 440).
The Rehabilitation Policy of MP provides that such families whose entire agricultural
land and/or residential land has been acquired, one candidate of such family shall be
entitled for employment…the Policy nowhere mentions that for seeking employment, a
minimum 2 acres of land has to be acquired from the Family. The policy issued by the
SECL in the year 2002 makes such provision. However, the policy does not have
any statutory force....Thus, the Rehabilitation Policy issued by the State Govt would
prevail upon SECL Policy
Chhattisgarh HC-2015: Ku. Rattho Bai V. Southeastern Coalfield Ltd 35
LIVELIHOOD LOSERS (NON-TITLEHOLDERS)
CASES THAT WILL NOT STAND JUDICIAL SCRUTINY
1. Policies Ignoring rights of Livelihood Losers

If the executive action of the State Government encroaches on any private
rights, it would have to be supported by legislative authority for, under the rule of
law which prevails in our country, every executive action which operates to the
prejudice of any person must have the authority of law to support it. The
statutory rights conferred on the affected families, other than land owners,
under the 2013 Act cannot be violated by the exercise of the executive power
under Articles 162 and 298 or by G.O.Ms.No.123 dated 30.07.2015
Telangana HC-2016: Kondakandla Yadaiah Vs. State of Telangana.
2. Lack of information about primary source of livelihood

If the amount that was being received from the business was the primary source
of livelihood of the family, and if the said source is taken away due to the
acquisition, the family would fall within the purview of the term 'affected family'
and the family cannot be denied compensation towards rehabilitation and
resettlement.
Kerala HC-2021: Unaisa vs. District Collector, Ernakulam and Ors 36
LIVELIHOOD LOSERS (NON-TITLEHOLDERS)
3. Non-implementation of definition of affected family
Therefore, con-joint reading of definition of family under Section 3 (c) and (m) of the
Act 30 of 2013, it is clear that the affected family includes a person, his or her
spouse, minor children, minor brothers and minor sisters dependent on him
exclusive of adult of either gender with or without spouse or children, since, the
adult of either gender constitutes independent family for the purpose of this Act.
Therefore, each major member whose land or the land of the joint family is acquired
is entitled to claim benefits under the Act,
APHC-2019: Kotharu Sarath Kumar vs The State of Andhra Pradesh
4. Differentiation between married and unmarried adults in R & R entitlement

It is stated by the respondents that the State Policy is more beneficial to the
affected persons and so the petitioners ought to opt for the State Policy or the
Schedule II to benefits under Act 30 of 2013….Assuming it is more beneficial, if
adult married members of such families are being paid Rs. 7.5 lakhs in cash and
are getting a 250 Sq. Yd. open plot with a 2 BHK house thereon or cost of
construction of Rs. 5,04,000/-, the same identical benefits ought to be given by the
respondents to adult unmarried members of such families as well, without any
discrimination.
Telangana HC-2016: Kondakandla Yadaiah Vs. State of Telangana
37
Issue 1: Law that is yet to be Amended
Letter dated 12th May, 1989 from MoC, GoI addressed to Chairman, CIL
“ You are aware that the amount of compensation determined for payment under the
Coal Bearing Areas (Acquisition and Development) Act, 1957, does not work out to
exactly the same amount as is admissible under the Land Acquisition Act, 1894…...
The disparities between the two Acts, with regard to payment of compensation
became specially accentuated after the L.A. Act was amended in 1984 ….The Central
Government has since taken a decision in principle to amend the CBA Act in
line with the L.A. Act and necessary consultations in this regard are already on
with the concerned Ministries of the Government of India. It will, however, take
some time before the proposed amendments are enacted after completion of all
formalities…”
MoC letter to CIL dated 6th December, 2010 …..to land owners have been notified
by the state government, the amount of compensation fixed by agreement under
Section 14(1) of the CBA, 1957 may be calculated at the rates notified by the state
government. The cut-off date for assessment of compensation will be the date of
agreement between the coal company and the landowners….. No payment towards
solatium or escalation would be payable in such cases……
Anomalies: Implementation through MoC Letters….. Acquisition of all
lands??
39 ….CBA Rules implementation
Issues in CBA Implementation
Issue 2: Joint Survey/Freezing of Transactions + Proof of Structures

Raised after Notification (which notification)
❖ Joint survey at Section 7 (Preliminary Notification) or prior

❖ Cut-off Date/Freezing of transactions
❖ Market value determination at Section 4 (Intention to Prospect)
During course of argument, we specifically asked the learned

counsel for the petitioner company to produce the authenticated
satellite imagery of 13th November 2010 of village Siarmal
indicating the status of the plots of the opp. party No. 4 in the
respective writ petitions basing on which Annexure-11 series was
prepared but the learned counsel for the petitioner failed to
produce the same.
SC-2020: Mahanadi Coalfields Ltd. vs. Claims Commission
40
Issue 3: Declaration and Vesting

The final declaration of acquisition and vesting of land without consequential
statutory determination of compensation therefore cannot be the end of any
statutory land acquisition Smt. Chinnubai d/O Durgaji Vs Western
Coalfields Limited, Bombay High Court, 2008
The provisions of the Coal Bearing Act says that the rate prevalent on the date
of notification under Section 4 (1) is to be taken and from that date till the date
of payment of compensation, necessary interest, solatium etc are to be paid.
But these provisions in the Act are meant for normal circumstances. If after
taking away all the legal rights of the land holders by issue of notifications of 4,
7 and 9 of the CBA, the state or the beneficiary remained in a stand-still
position and did not take any step for the payment of compensation for 24-25
years, the rates prevalent 25 years ago cannot be taken as the basis for
compensation
(Claims Commission, Mahanadi Coal Fields Ltd. & Anr vs Mathias Oram
& Ors on 19 July, 2010, Special Leave Petition.
41
Issue 4: Interest Provisions-Applicability

A perusal of this letter makes it abundantly clear that so far as the Union of India is
concerned it is of the view that the provisions of the Land Acquisition Act should be made
applicable even to the circumstances prevailing before us i.e. where acquisition of the
land has been carried out pursuant to another statute…We do not propose to waste
further judicial time, which is as it is in acute paucity, on this issue merely because we
were earlier of the view that punitive costs should be imposed on the Central Coalfields
Ltd. which apart from having unauthorizedly filed the petition on behalf of the Union of
India, is endeavoring to take a stance contrary to what has already been expressed by
the Union of India". In a recent judgment, in Defence Estate Officer v. Syed Abdul
Saleem, had applied the rationale and content of the Land Acquisition Act specifically for
payment of solatium and interest even under the Requisitioning and Acquisition of the
Immovable Property Act, 1952. SC-2015-Union of India Vs Hari Mahto & Others.
n view of the aforesaid decision in Civil Appeal Nos. 6184-6213 of 2002 dated 26th
March, 2015, we see no reason to entertain these Letters Patent Appeals because
solatium is to be paid @ 30% and interest @ 9% per annum for the first year and @ 15%
per annum for the subsequent years, till the actual payment is made.
JH HC-2017-Union of India Vs. Baijnath Prasad and Ors
42
Issue 5: Interest Provisions-Possession and Vesting

Interest @ 9% per annum for the first year and 15% per annum for the subsequent years
on the amount of compensation, including solatium, so calculated for payment to the
land owner.
MoC Instructions dated 12th May, 1989
CBA, 17(3) When the amount of compensation is not paid or deposited as required by
this section, the Central Government shall be liable to pay interest thereon at the rate of
five per centum per annum from the time the compensation became due until it shall
have been so paid or deposited.
Thus, it is clear that as soon as notification under Section 9 of the Act is published, the
land is deemed to have vested in the Government under Section 10 of the said Act.
Under the Land Acquisition Act, 1894, the land vests under Section 16 only after
possession is taken. In the circumstances, the delivery of possession is irrelevant in
cases under the Coal Bearing Areas Act. The land instantly vests in the Government on
publication of the Notification under Section 9 of the Act. The moment it vests in
Government, the owner thereof is divested of the title.
Bombay HC-2009: Shankar Vs. Respondent: Western Coalfields Ltd
43
ISSUE 6: LARR – MANPOWER REQUIREMENT: Shortages exist in most projects.
Name of Activities /Status Number of Numbers Remarks

Project Officers of Staffs
Block-B Existing Notification u/s 4(1) is yet to be issued. 1 1 Revenue Staff is retiring
and Expansion on 1.04.2017
Jayant Expansion Notification u/s 4(1) has been issued on 3rd May, 1 1 Revenue Staff is retiring
2016. Process for issuing notification u/s 7(1) is to on 10.01.2018
be taken up.
Dudhichua Notification u/s 4(1) has been issued on 3rd May, 1 1 Revenue Staff is retiring
Expansion 2016. Process for issuing notification u/s 7(1) on 01.08.2018
Nigahi Expansion Notification u/s 4(1) is yet to be issued. 1 1 Revenue Staff is retiring
on 01.08.2018
Semaria OCP Compensation has been assessed/prepared. 1 1 Retiring on 10.02.22
Work of demarcation of forest and Govt./Tenancy
land is undergoing.
HQ -Land 400 ha. land is estimated for this purpose in Master 2 3 Revenue Revenue Staff is retiring
Acquisition plan of Singrauli and to be acquired through new Inspector on
/Revenue RFCTLARR 2013 Chief 04.05.2017, 2.09.2018,
Department. Draftsman -1 05.08.2019, 10.11.2019
Other Projects as Several Coal Blocks in which notification is to be 0
per Master plan in done in this year. No Project Officer has been
Main Basin posted separately and work of land acquisition is
being done by HQ Team which is overloaded.

Issue 7: Competent Authority
❖ It is axiomatic that a person who occupies the position of Competent Authority under
the PMP Act must evoke and enjoy public confidence. Neither the Act nor the Rules
framed thereunder deal with the qualifications required of a person before his
appointment as Competent Authority nor do they deal with any transparent process
for such appointment…..In our view, the Competent Authority under the
provisions of the PMP Act must also be someone who is holding or has held a
Judicial Office not lower in rank than that of a Subordinate Judge or is a trained
legal mind. If such requirement is not read into and not taken as an integral and
essential qualification before appointment of any person as Competent
Authority, the provisions in that behalf will not be consistent with the doctrine
of fairness Under Article 14 of the Constitution of India. At the same time, we
hasten to add that actions taken by the Competent Authority till now, will not in any
way stand impaired or be invalidated purely on this count. But the Central
Government may do well to step in immediately and remedy the situation with
appropriate measures.
SC-2016: Laljibhai Kadvabhai Savaliya and Ors.Vs.State of Gujarat and Ors
45
Land Acquisition under CBA
Other Issues for Discussion
❖ Cut off date for implementation-1/9/2020/ OR 1/1/2020
Land Acquisition under CBA

▪ Freezing of transactions for R & R eligibility
▪ Income tax exemptions
▪ Land records updation
▪ Claims to compensation & R & R by affected families
▪ Award enquiry and finalisation
▪ Competent Authority for determination/eligibility
▪ Denotification; R & R colonies
▪ Period for escalation (Maximum three years)
▪ Compensation determination (2013 Law) and Section 14(1)
▪ Section 12 (Possession)
▪ Consultation mechanisms
▪ Monitoring Mechanisms
▪ Institutional arrangements for implementation
46
THANK YOU
Role of Geospatial Technology
In Land Acquisition, Resettlement and Rehabilitation
D r. K . Ve n u go p al a R a o
E x - S c i e nt i st G a n d G r o u p D i r e c to r U r b a n S t u d i e s & G e o i n fo r m at i c s
NRSC, ISRO
Ve n u _ ko p p a ka @ i i t ka l u m n i . o rg
Mobile : 9985866918
Overview
1. Brief on Geo-Spatial Input Sources

❖ Space Technology
❖ Aerial Photography
❖ Ground Survey
2. Geo-Spatial Support for :

❖ Land Acquisition,
❖ Resettlement
❖ Rehabilitation
Space Technology Support
IRS – OCM 360 meters IRS – WIFS 188 meters IRS – LISS-I 76 meters IRS – LISS-II 36 meters
Improvements in Spatial and Spectral Resolutions of IRS Sensors

Delhi and Environs
IRS – LISS-III 23 meters IRS – PAN 5 meters PAN 1 meter
Comparison of optical Vs Microwave SAR data (Mumbai area)
Challenges in Land Acquisition
Challenges
➢ For setting up huge industrial projects, dams, factories,
refineries, etc., more and more land is being used.
➢ Difficulty in obtaining contiguous land
➢ Difficulty in acquisition the land especially for linear projects
line Roods, canals & pipelines,
➢ Land ceiling laws - Tough resettlement and rehabilitation laws
➢ Land acquisition has become a means for a multitude of middle-
men to make a lot of money
➢ Bad land deals
➢ Loss of control on cost during acquisition
Geospatial Technology can provide support for :
❖ Transparency
❖ Cost effectiveness
❖ Time effectiveness
Landsat –TM data over various land categories
Open source data
ROUTE ALIGNMENT STUDY
POWER GRID CORPORATION OF INDIA

OBJECTIVES
• To identify three alternate route alignments using ‘Maximum avoidance criteria’
• To optimize one route alignment corridor using GIS
• To map latest topographical features & land use details of 8-km on either side of the final optimized ro
NEW SILIGURI
TEESTA-V SUB-STATION
SILIGURI
MAHANANDA
RIVER
BARI RANGIT
RIVER
BUMTAR
BAGDOGRA
BALASAN
JORTHANG RIVER
Bee Line (64.85 Km.)

Alternate Route 1A (77.85 Km.)
Alternate Route 1B (92.23 Km.)
MIRIK Alternate Route 2 (96.75 Km.)
MANE
GHUM SIMANA
Alternate route 3 (105.05 Km.)
RESERVE FOREST (Proposed final route)
ROUTE ALIGNMENT STUDY
.
OBJECTIVES
• To identify three alternate route alignments using ‘Maximum avoidance criteria’
• To optimize one route alignment corridor using GIS
• To map latest topographical features & land use details of 8-km on either side of the final optimized
KAMAREDDY
Kodakandla,
GAJWEL
Bee Line (64.09 Km.)

N Alternate Route 1 (66.16 Km.)
Alternate Route 2 (65.87 Km.)
Final Transmission Line Route (65.69 Km.)
No. OF CROSSINGS
S.No LENGTH Existing River/
Lines RF Road Rail Stream Tanks Bends
ROUTE-1 66.16Km 18 - 12 - 37 7 19
ROUTE-2 65.87Km 16 - 11 - 44 3 10
ROUTE-3 65.69Km 15 - 11 - 43 3 12
PROPOSED FINAL TRANSMISSION LINE ROUTE
TERRAIN PROFILE BETWEEN
SRINAGAR - DRAS - KARGIL - KHALSI - LEH
4500
NEAR ZOJILA NEAR FATULA INDUS RIVER
4200 NEAR GHUMRI NAMIKALA (Larsa)
TARUCHO
3900
ZOPA
3600 NEAR GAGANGIR
KARGIL
3300
Height (in mts) above MSL
3000 NURLA
LAMAYURU
2700
DACHHIGAM RF DRAS
2400 LEH
THAJAHWAS KHALSI
2100
DRAS RIVER
1800 NIMU
SIND RIVER SHINGO RIVER
1500
1200
ALSTENG
900
SRINAGAR
600 (Pam pore)
300
0
0 25 50 75 100 125 150 175 200 225 250 275 300 325 350 375
Horizantal Distance (in km s)
Infrastructure Alignment
Pipe lines, Road, Rail, power routing alignment
Proposed Pipeline Route Alignment of the proposed

22
Settlement through ‘Maximum Avoidance
River Criteria’ in GIS environment.
30m buffer 13
2
200m buffer
Parcel boundary
9th Nov.2015
Jowar
Wheat
Tree
Fallow
Paddy
Coconut
Source of Satellite Data
Commercial Satellite data

1. Very High Resolution satellite
2. Data generally acquired on demand
Free Satellite Data

1. Medium to Low Resolution Satellite Data
2. Generally acquired in systematic coverage globally
3. Can be downloaded free from their websites
4. Used for academic, R&D and also commercial purpose
Free licence
https://discover.digitalglobe.com/
24
26
Gaps in Canal stretch ( Due Land Acquisition issues)
Bhartiya Rail Bijlee Co. Ltd, Nabinagar
Delayed by land acquisition problem and security related issues.

1524. 24 Acres – Total land to be acquired , 1093.58 –land in possession , 378 – legal possession available , 50- acres yet to be
acquired
Six laning of Varanasi-Aurangabad section
Thank you
Land Acquisition
Due Diligences
By
Vinod K. Agrawal, I.A.S.(Retd.)
Understanding Land Records
• Base : Survey Record

• Prepared for Revenue Collection
• Land Holder and not Land Owner
• Presumption of Title : Not Conclusion
• Much of record outdated : No resurveys, No updations
Entries in Revenue records do not indicate title
• Civil apeeal No 10987 of 1996 : Sawarni Vs Inder Kaur and
others
• Lower court : in favour of R-1, as her name was mutated in RR
• SC : Mutation in RR can not confer or take away title.
• Other evidences showed that she wasn’t the title holder.
• Upheld the appeal and set aside the judgement of HC
• Mutation of a property in the Revenue Records does not create or
extinguish title, nor has it any presumptive value on title. It only
enables the person……. to pay the land revenue…. .
Case Laws
• Sitaram Bhau Patil vs Ramchandra Nago Patil : CA 1997 of 1968
• There is no abstract principal that whatever will appear in the records of rights
will be presumed to be correct when it is shown by evidence that the entries
are not correct.
• No presumption of correctness of record of rights could validly arise from
record of rights
• MTW Tenzing Namgyaland others Vs Motilal Lakhotia & others :
9265 of 1995
• Records of Right - Khasra and Khatiyan- not prepared under a statute-
Records of right can not be treated to have any evidentiary value on the
question of title…..
• Balwant Singh& ors Vs Daulat singh & ors : 2295 with 293 0f 1984
• Mutation can not extinguish title nor it can have presumptive value on title
Understanding Registration
• Registration of Deed : not Title
• First Law of Registration : 1793
• Registration certifies
• Identity of executant
• Mental status of Executant
• Fact of Execution
• Content of Document
• Doesn’t certify correctness/ validity/ truth of contents
Legal Status of Land Records
• Operates on Caveat Emptor

• No record of Conclusive Titles; Only presumptive
• No record for Urban/ residential areas
• Land records only corroborative evidence
Sources of Title
• Transfer : sale, gift, mortgage, settlement,etc.

• Succession : testamentary and ante-state
• Conferment : by crown
• Adverse Possession : by a court decree
No fifth source
Adverse Possession
• Nec vi, nec clam, nec precario : without force, without
secrecy, without permission
• Not a pure question of law but a blend of law and facts
• The person claiming should establish -
• The date of his coming in possession
• Nature of his possession
• Whether in the knowledge of other party
• Duration of his continued possession
• Open and undisturbed
Due diligence
• Must Consult LR as primary source of info, but not the exclusive

source
• Collect other info: Call for claims
• Verify Possession
• Verify the line of succession
• Check Applicable Personal Law
• Testamentary Vs Ante-state Succession
• Hindu Succession Amendment
• Bring all the successors/claimants
• Verify all the claims and counter claims
Thank You
vinodk.agrawal@rediffmail.com

Land Acquisition and Diversion of Forest Land - Effective Socio-Economic Surveys and Due Diligences For Project Planning

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Land Acquisition and Diversion of Forest Land - Effective Socio-Economic Surveys and Due Diligences For Project Planning

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Diversion of Forest Land for

Infrastructure Projects – due diligence

Chiranjiv Choudhary IFS

•Forestry is 2nd largest land use after Agriculture

Section 2: Restriction on de-reservation of forests or use of forest

◦ any reserved forest or any portion thereof shall cease to be reserved

•However, such Govt owned, managed or controlled authority/

‘Forest land’ mentioned in Section 2 of the Act refers,

•Term “Forest” is not applicable to the plantations raised on private

“non-forest purpose” means clearing or breaking up of any forest land

Section 3: Constitution of Advisory Committee,

i) the grant of approval under Section 2; and

Constitution of Regional Empowered Committee (REC)

•Cases in which specific orders for de-reservation or diversion of

Every user agency shall make his proposal in appropriate form as

◦ Form “A” for proposals seeking first time approval

•Mandatory online submission from 15th July 2014 onwards

•All proposals relating to diversion of forest land up to 40 hectares,

FORM -A, Part I

3.Details of displacement of people due to project, if any:

•Project authorities may annex a copy of the approved project/plan

•MoEF & CC accords prior approval on proposals of the State/UT

•On receipt of the in-principle approval, DFO shall prepare demand

No additional condition after Centre issues final approval:

“Linear Projects” means projects involving linear diversion of forest

•Any proposal for linear projects such as roads, railway line,

•Consequent to grant of Stage I approval in respect of linear projects

•Non-forest lands which were acquired by the concerned Govt

•Clarifications on projects requiring prior approval of Standing

•Prospecting in National Parks, Wildlife Sanctuaries, Tiger Reserves

•Prospecting of any mineral, done under prospecting license granted

•For prospecting of minerals (including hydrocarbons) which requires drilling of

•Both in-principle and final approval may be granted by the Regional

Guidelines specific to hydrocarbon sector for undertaking seismic

◦However, survey & investigations involving clearing of forest area

◦Work of actual construction would however, fully attract the

General approval under Section 2(ii) of FCA,

7.7 Petroleum Mining

•Compensatory Afforestation (CA) is one of the most important conditions for

•In cases where non-forest land for CA is to be acquired by the User

•Similarly, in cases where the non-forest land or the revenue forest

•Any non-forest land for the purpose of Compensatory afforestation

➢CA shall be raised & maintained at the cost of the UA on degraded

• Projects of Central Government / Central Government Undertaking

• Degraded Forest land for the purpose of CA, selected by State

Special dispensation for Linear Projects:

Linear Projects (Form I)

Projects other than Linear projects (Form II)

•All proposals involving forest land more than 20 hectares in plains

Eco Value VDF DF OF

•Use of forest land falling in National Parks / Wildlife Sanctuaries will be

Category Particulars of Exemptions

Category Particulars of Exemptions

Category Particulars of Exemption

Chiranjiv Choudhary IFS

• Clan based land tenure system /ownership

• Non tribal land ownership

 Provided that nothing in such laws shall prevent the compulsory

The Panchayats (Extension to Scheduled Areas) Act

TheScheduled Tribes and Other Traditional Forests

Sec 49 Allows transfer of ST land to

Bihar Scheduled Areas Regulation Setting up Scheduled

Jharkhand Right to fair Consent of

The Orissa Land Sec 22: Prohibits transfer of land

 Legal recognition of the right of tribal communities to self