The Right to Fare Fare Compensation and Transparency Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Projec Projectt Report Report on : istory istory,, !b"ects !b"ects,, #cope, #cope, Applica Applicabil bility ity and
#alient #alient Featur eatures, es, $e%niti $e%nitions ons,, $eter $etermin minati ation on o& #ocial #ocial 'mpact 'mpact and and (ubli ublic c (urpo urpose ses, s, #pec #pecia iall (ro)is o)isio ion n to #a&e #a&egu guar ard d Food ood #ecurity*
Submitted to: Ms. Sudipa Kaur (Faculty, UILS, Panjab University, !andi"ar!#
Submitted $y: Somnat! %ayal %ayal $.&.LL$ ('ons.# oll )o.:*+- /t! Sem
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I have written this project report on 6%!e i"!t to Fare ompensation and
%ransparency in Land &c7uisition, %ransparency &c7uisition, e!abilitation and esettlement &ct, &ct, 89- under the supervision of 6Ms.Sudipa Kaur faculty of University Institute of Legal Studies, Panjab University, Chandigarh. The valuable suggestions of her supervision not only helped e iensely in a!ing this wor!, but also in developing an analytical approach in wor!. I found no words to e"press y sense of gratitude for #$I%&CT'%( of our institute for encourageent at every step . I a e"treely grateful to librarian and library staff of the institute for the support and cooperation e"tended tie to tie. )lso, y Parents and *riends contribution, support and cooperation in this wor! is beyond words.
Sonath Tayal %oll no. +-
HISTORY The /overnent of India believed there was a heightened public concern on land ac0uisition issues in India. 'f particular particular concern was that despite any aendents, aendents, over the years, to India1s Land )c0uisition )ct of -2+3, there was an absence of a cohesive national law that addr address essed ed fair fair cop copen ensat satio ion n when when priv private ate land land is ac0u ac0uire ired d for for publ public ic use, use, and and fair fair rehabi rehabilita litatio tion n of land land owners owners and those those directl directly y affecte affected d fro loss of livelih livelihood oods. s. The The /overnent of India believed that a cobined law was necessary, one that legally re0uires rehabilitation and resettleent necessarily and siultaneously follow governent ac0uisition of land for public purposes. *orty4*ourth )endent )endent )ct of -+52 oitted )rt -+6-7 6f7 with the net result being84 -. The right right not to be deprived deprived of one9s one9s property property save by authority authority of law law has since been been no longer a fundaental right. #:o person shall be deprived of his property saved by authority of law( 6Constitution 33th )endent, w.e.f. -;.<.-+5+7. The aendent ensu ensure red d that that the the right right to propert property y
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is no ore ore a fund funda aen ental tal right right but but rath rather er a
constitutional=legal right=as a statutory right and in the event of breach, the reedy available to an aggrieved person is through the >igh Court under )rticle ??< of the Indian Constitution and not the Supree Court under )rticle ? of the Constitution. . ?. @oreover, @oreover, no one can can challenge challenge the reasonabl reasonableness eness of the the restriction restriction iposed iposed by any any law the legislature ade to deprive the person of his property. State ust pay copensation at the ar!et value for such land, building or structure ac0uired 6Inserted by Constitution, Seventeenth )endent )ct, -+<37, the sae can be found in the earlier rulings when property right was a fundaental right 6such as -+3 )I% -5;, -+3 SC% 2, 2, which which propou propounde nded d that that the word word #Cope #Copensa nsatio tion( n( deploy deployed ed in )rticl )rticlee -6?7 -6?7 iplied full copensation, that is the ar!et value of the property at the tie of the ac0uisi ac0uisitio tion. n. The The Legisla Legislatur turee ust ust #ensur #ensuree that that what what is deter deterine ined d as payable payable ust ust be copensation, that is, a just e0uivalent of what the owner has been deprived of(7. &lsewhere, Austice, %eddy, ' Chinnappa ruled 6State 'f @aharashtra v. Chandrabhan Tale on 5 Auly, -+27 that the fundaental right to property has been abolished because of its incopatibility with the goals of #justice( social, econoic and political and #e0uality of status and of opportunity( and with the establishent of #a socialist deocratic republic, as conteplated
by the Constitution. There is no reason why a new concept of property should be introduced in the place of the old so as to bring in its wa!e the vestiges of the doctrine of LaisseB *aire and create, in the nae of efficiency, a new oligarchy. &fficiency has any facets and one is yet yet to disco discove verr an infa infalli llibl blee test test of effi effici cien ency cy to suit suit the the wide widely ly diff differi ering ng need needss of a developing society such as ours( 6-+2 )I% 2;, -+2 SC% 67 ?57 The Land )c0uisition, %ehabilitation and %esettleent ill, ?;-- was introduced in Lo! Sabha. Two ills on siilar lines were introduced in Lo! Sabha in ?;;5. These ills lapsed with the dissolution of the -3th Lo! Sabha The *irst )endent to the above bill was introduced and passed in the lower house of the Indian legislature on -- @arch ?;- aong strong protest fro allies as well as opposition. It is e"pected to face opposition in the %ajya Sabha as well after being dubbed as an Danti4 farerD bill
union or or a state state governent governent in Land ac7uisition in India refers to the process by which the union India ac0uires private land for the purpose of industrialisation industrialisation,, developent of infrastructural facilities or urbanisation of the private private land, and provides provides copensation copensation to the affected affected land owners and their rehabilitation and resettleent. Land ac0uisition in India is governed by t he %ight to *air Copensation and Transparency in Land )c0uisition, %ehabilitation and %esettleent )ct, ?;- 6L)%%7 ?;- 6L)%%7 and which cae into force force fro - Aanuary Aanuary ?;-3. ?;-3. Till ?;-, ?;-, land land ac0uis ac0uisitio ition n in India India was governed governed by Land )c0uisition )ct of -2+3. -2+3 . %ranspare ansparency ncy in Land &c7uisition, &c7uisition, e!abilitation The i"!t to Fair ompensation and %r and esettle esettlement ment &ct, &ct, 89- 6al &c7uisition &ct, &ct, 89-7 is an )ct of Indian 6also Land &c7uisition
Parliaent that regulates land ac0uisition and lays down the procedure and rules for granting copensation, rehabilitation and resettleent to the affected persons in India. The )ct has provisions to provide fair copensation to those whose land is ta!en away, brings tran transp spare arency ncy to the the proc process ess of ac0u ac0uis isiti ition on of land land to set up fact factor ories ies or buil buildi ding ngs, s, infrast infrastruc ructur tural al project projectss and assures assures rehabi rehabilit litatio ation n of those those affecte affected. d. The The )ct )ct establi establishe shess regulations regulations for land ac0uisition ac0uisition as a part of India1s India1s assive assive industrialis industrialisation ation drive driven by
public4private partnership. The )ct replaced the Land )c0uisition )ct, -2+3, -2+3 , a nearly -?;4 year4old law enacted during ritish rule. The Land )c0uisition, %ehabilitation and %esettleent ill, ?;-- was introduced in Lo! Sabha on 5 Septeber ?;--. The bill was then passed by it on ?+ )ugust ?;- and by %ajya Sabha Sabha on 3 Septe Septeber ber ?;-. ?;-. The The bill bill then then receive received d the assent assent of the President of India, India, Pranab @u!herjee on ?5 Septeber ?;-. ?;- .E3F The )ct cae into force fro - Aanuary ?;-3. )n aendent bill was then introduced in Parliaent to endorse the 'rdinance. Lo! Sabha passed the bill but the sae is still lying for passage by the %ajya Sabha. Sabha. 'n ; @ay ?;-, President of India proulgated the aendent ordinance for third tie. )eed ;or t!is $ill
There is unaniity of opinion across the social and political spectru that the current Law 6The Land )c0uisition )ct )ct -2+37 suffers fro various shortcoings. Soe of these include8 G *orced ac0uisitions8 Under the -2+3 legislation once the ac0uiring authority has fored the intention to ac0uire a particular plot of land, it can carry out the ac0uisition regardless of how the person whose land is sought to be ac0uired is affected. G :o safeguards8 There is no real appeal echanis to stop the process of the ac0uisition. ) hearing 6under section )7 is prescribed but this is not a discussion or negotiation. The views e"pressed are not re0uired to be ta!en on board by the officer conducting the hearing. G Silent Silent on resettl resettleen eentt and rehabi rehabilit litatio ation n of those those displa displaced ced88 There There are absolu absolutely tely no provisions in the -2+3 law relating to the resettleent and rehabilitation of those displaced by the ac0uisition. G Urgency clause8 This is the ost criticised section of the Law. The clause never truly defines what constitutes an urgent need and leaves it to the discretion of the ac0uiring authority. )s a result alost all ac0uisitions under the )ct invo!e the urgency clause. This results in the coplete dispossession of the land without even the to!en satisfaction of the processes listed under the )ct. G Low rates of copensation8 The rates paid for the land ac0uired are the prevailing circle rates in the area which are notorious for being outdated and hence not even reotely indicative of the actual rates prevailing in the area. G Litigation8 &ven where ac0uisition has been carried out the sae has been challenged in litigat litigation ionss on the ground groundss entio entioned ned above. above. This This results results in the stallin stalling g of legiti legitiate ate infrastructure projects.
G %ecent observations observations by the Supree Court8 Austice /anpat Singhvi of the Supree Court has observed, in the wa!e of repeated violations that have coe to light over the last few onths, that the law has #becoe a fraud(. >e observed that the law sees to have been drafted with #scant regard for the welfare of the coon an(. G )nother bench of the Supree Court has echoed this sentient in its observation that #he provisions contained in the )ct, of late, have been felt by all concerned, do not ade0uately protect the interest of the land owners=persons interested in the land. The )ct does not provide for rehabilitation of persons pers ons displaced fro their land although al though by such copulsory ac0uisition, their livelihood gets affected a ffected HTo say the least, the )ct has becoe outdated and needs to be replaced at the earliest by fair, reasonable and rational enactent in tune with the constitutio constitutional nal provisions, provisions, particularly, particularly, )rticle ;;) of the Constitutio Constitution. n. e e"pect e"pect the law a!ing process for a coprehensive enactent with regard to ac0uisition of land being copleted without any unnecessary delay.(
>i"!li"!ts o; t!e t!is $ill G Copensation8 /iven the inaccurate nature of circle rates, the ill proposes the payent of copensatio copensations ns that are up to four ties the ar!et value in rural areas and twice the ar!et value in urban areas. G %J%8 This is the very first law that lin!s land ac0uisition and the accopanying obligations for resettleent and rehabilitation. 'ver five chapters and two entire Schedules have been dedi dedica cate ted d to outli outlini ning ng elab elabor orate ate proc process esses es 6and 6and entit entitle leent ents7 s7 for for reset resettle tlee ent nt and and rehabilitation. The Second Schedule in particular outlines the benefits 6such as land for land, housin housing, g, eploy eployen entt and annuities7 annuities7 that that shall shall accrue accrue in additio addition n to the one4ti one4tie e cash payents. G %etrospective operation8 To address historical injustice the ill applies retrospectively to cases where no land ac0uisition award has been ade. )lso in cases where the land was ac0uired five years ago but no copensation has been paid or no possession has ta!en place then the land ac0uisition process will be started afresh in accordance with the provisions of this act. G @ultiple chec!s and balances8 ) Kcoprehensive, participative and eaningful9 process 6involving the participation of local Panchayati %aj institutions7 has been put in place prior to
the start of any ac0uisition proceeding. @onitoring coittees at the national and state levels to ensure that %J% obligations are et have also been established. G Special Special safeguards for tribal counities counities and other disadvantaged disadvantaged groups8 groups8 :o law can be ac0uired in scheduled areas without the consent of the /ra Sabhas. The law also ensures that all rights guaranteed under such legislation as the Panchayat 6&"tension to Scheduled )reas7 )ct -++< and the *orest %ights )ct ?;;< are ta!en care of. It has special enhanced benefits 6outlined in a dedicated chapter7 for those belonging to Scheduled Castes and Scheduled Tribes. G Safeguards Safeguards against displaceent8 displaceent8 The law provides that no one shall be dispossessed dispossessed until and unless all payents are ade and alternative sites for the resettleent and rehabilitation have been prepared. The Third Schedule even lists the infrastructural infrastructural aenities that have to be provided to those that have been displaced. G Copensation for livelihood losers8 In addition to those losing land, the ill provides copensation to those who are dependent on the land being ac0uired for their livelihood. G Consent8 In cases where PPP projects are involved or ac0uisition is ta!ing place for private copanies, the ill re0uires the consent of no less than 5; and 2; respectively 6in both cases7 of those whose land is sought to be ac0uired. This ensures that no forcible ac0uisition can ta!e place. G Caps on ac0uisition of ulti4crop and agricultural land8 To safeguard food security and to prevent arbitrary ac0uisition, the ill directs states to ipose liits on the area under agricultural cultivation that can be ac0uired. G %eturn of unutiliBed land8 In case land reains unutiliBed after ac0uisition, the new ill epowers states to return the land either to the owner or to the State Land an!. G &"eption fro incoe ta" and stap duty8 :o incoe ta" shall be levied and no stap duty shall be charged on any aount that accrues to an individual as a result of the provisions of the new law. G Share in appreciated land value8 here the ac0uired land is sold to a third party for a higher price, 3; of the appreciated land value 6or profit7 will be shared with the original owners.
&ims and objectives The ais and objectives of the )ct include8
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To ensure, in consultation with institutions of local self4governent and /ra Sabhas establi establishe shed d under under the Constitution of India, India , a huane, participative, infored and transparent process for land ac0uisition for industrialisation industrialisation,, developent of essential infrastructural facilities and urbanisation urbanisation with with the least disturbance to the owners of the land and other affected failies
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Provide just and fair copensation to the affected failies whose land has been ac0uired or proposed to be ac0uired or are affected by such ac0uisition
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@a!e @a!e ade0ua ade0uate te provis provision ionss for such such affecte affected d person personss for their their rehabi rehabilita litatio tion n and resettleent
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&nsure that the cuulative outcoe of copulsory ac0uisition should be that affected persons becoe partners in developent leading to an iproveent in their post ac0uis ac0uisiti ition on social social and econo econoic ic status status and for atters atters connect connected ed therewi therewith th or incidental thereto.E-?F
Purpose and scope The )ct ais to establish the law on land ac0uisition, as well as the rehabilitation and resettleent of those directly affected by the land ac0uisition in India. The scope of the )ct includes all land ac0uisition whether it is done by the Central /overnent of India, or any State /overnent of India, e"cept the state of Aau J Mashir. The )ct is applicable when8 •
/overnent ac0uires land for its own use, hold and control, including land for Public sector underta!ings.
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/overnent ac0uires land with the ultiate purpose to transfer it for the use of private copanies for stated public purpose. The purpose of L)%% ?;-- includes public4private4partnership projects, but e"cludes land ac0uired for state or national highway projects.
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/overnent /overnent ac0uires land for iediate iediate and declared use by private copanies for public purpose.
The provisions of the )ct does not apply to ac0uisitions under -< e"isting legislations including the Special &conoic Nones )ct, ?;;, the )toic &nergy )ct, -+
Protection to interests and concerns o; ;armers
G %etrospective effect8 here awards are ade but no copensation has been paid or possession has not been ta!en, copensation shall be paid at the rate prescribed under the new )ct. here the )ward has not been ade the entire process shall be considered to have lapsed. lapsed. )lso where ac0uisition ac0uisition has ta!en place five years prior to the coenceen coenceentt of the new law but no copensation= possession has ta!en place the proceedings shall be deeed to have lapsed. G Consent8 Prior4consent shall be re0uired fro 5; of land losers and those wor!ing on governent assigned lands only in the case of public4private partnership projects and 2; in the the case case of priv privat atee cop copan anie ies. s. This This cons consen entt also also inclu include dess cons consen entt to the the aou aount nt of copensation that shall be paid. G %eturn of unutiliBed land8 Land not used can now be returned to the original owners if the state so decides. G Share in sale of ac0uired land increased8 The share that has to be distributed aong farers in the increased land value 6when the ac0uired land is sold off to another party7 has been set at 3;. G Incoe4ta" &"eption8 )ll aounts accruing under this act have been e"epted fro incoe ta" and fro stap duty. G Strict restrictions on ulti4crop ac0uisition8 The ac0uisition of agricultural land and ulti4 crop land has to be carried out as a last resort. There will be definite restrictions on the e"tent of ac0uisition of such land in every state to be deterined by the States concerned. G Safeguards to ensure fair price8 /iven the way in which ar!et value is to be calculated and the iposition of a solatiu of -;; over and above the aount, the farers are guaranteed a fair price for their land. G )c0uisition only if necessary8 The Collector has to a!e sure that no other unutiliBed lands are available before he oves to ac0uire far land.
G $aage to crops to be included in price8 The final award has to include daage to any standing crops which ight have been hared due to the process of ac0uisition 6including the preliinary inspection7. G Share in developed land8 In case their land is ac0uired for urbaniBation purposes ?; of the developed land will be reserved and offered to these farers in proportion to the area of their land ac0uired and at a price e0ual to the cost of ac0uisition and the cost of developent. G *ishing rights8 In the case of irrigation irrigation or hydel projects, projects, affected failies ay be allowed allowed fishing rights in the reservoirs. G )ddit )ddition ional al %J% benefi benefits8 ts8 *arer *arerss are also entitl entitled ed to the variou variouss rehabi rehabilita litatio tion n and resettleent benefits which are enuerated in response to 0uestion ?. G Tie4bound social ipact assessent8 The ill andates a social ipact assessent of every project which ust be copleted within a period of si" onths.
1!at are t!e re! re!abili abilitatio tation n and resett resettlemen lementt provisio provisions ns ;or ;armers, ;armers, landless landless and liveli!ood losers<
G %educed 0ualifying criteria8 To 0ualify for benefits under this )ct the tie period has been reduced to three years of dependence 6on the ac0uired land7 fro five. G )ffected faily to include tenants8 The definition of affected faily includes agricultural labourers, tenants including any for of tenancy or usufruct right, share4croppers or artisans who ay be wor!ing in the affected area for three years prior to the ac0uisition, whose priary source of livelihood stands affected by the ac0uisition of land. land. G >ouses for all affected failies8 )ll )ll affected failies are entitled to a house provided they have been residing in an area for five years or ore and have been displaced. If they choose not to accept the house they are offered a one4tie financial grant in lieu of the sae. G Choice of annuity or eployent8 )ll affected failies are given a choice of annuity or eployentO i. If eployent is not forthcoing they are entitled to a one4tie grant of %s. la!h per faily. ii. )lternatively they will provided with an annuity payent of %s.?,;;; per onth per faily for ?; years 6this will be adjusted for inflation7. G Subsistence allowance8 )ll affected failies which are displaced fro the land ac0uired shall be given a onthly subsistence allowance e0uivalent to %s.,;;; per onth for a period of one year fro the date of award.
G Training and s!ill developent8 )ll affected failies are also given training and s!ill developent while being offered eployent. G @iscellaneous aounts8 )ll affected failies are given ultiple onetary benefits such as transport allowance of %s.;,;;; and resettleent allowance of %s.;,;;;. G 'ne4tie financial assistance8 &ach affected faily of an artisan, sall trader or self4 eployed person shall get one4tie financial assistance of such aount as the appropriate governent ay, by notification, specify subject to a ini u of %s.?,;;;. G %J% to be copleted in all aspects for irrigation projects8 In case of ac0uisition of land for irrigation irrigation or hydel hydel project project the rehabilitation rehabilitation and resettleent resettleent shall be copleted si" onths onths prior to subergence of the lands proposed proposed to be so ac0uired. G Possession upon fulfilent of conditions under )ct8 The Collector shall ta!e possession of land land only only ensu ensuri ring ng that that full full paye payent nt of cop copen ensa satio tion n as well well as reha rehabi bilit litati ation on and and resettleent entitleents are paid or tendered to the entitled persons within a period of three ont onths hs for for the the cop copen ensa sati tion on and and a peri period od of si" si" ont onths hs for for the the one oneta tary ry part part of rehabi rehabilita litatio tion n and resettle resettleen entt entitl entitlee eents nts coen coencin cing g fro fro the date date of the award. award. >owever, failies will not be displaced fro this land till their alternative %J% sites are ready for occupation. G Tie Liit for provision provision of %J% entitleents8 entitleents8 The coponents coponents of the %ehabilitation %ehabilitation and %esettl %esettleen eentt Pac!ag Pac!agee in the Second Second and Third Third Schedu Schedules les that that relate relate to infrast infrastruc ructur tural al entitleents shall be provided within a period of -2 onths fro the date of the award.
3e;inition o; public purpose
Section ?6-7 of the )ct defines the following as public purpose for land ac0uisition within India8 •
*or strategic purposes relating to naval, ilitary, air force, and ared forces of the Union, including central parailitary forces or any wor! vital to national security or defence of India or State police, safety of the peopleO or
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*or infrastructure projects, which includes the following, naely8
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)ll activities or ites listed in the notification of the /overnent of India in the $epartent $epartent of &conoic &conoic )ffairs )ffairs 6Infrastru 6Infrastructure cture Section7 Section7 nuber nuber -=<=?;;+4 -=<=?;;+4I:* I:*,, dated ?5 @arch ?;-?, e"cluding private hospitals, private educational institutions and private hotelsO
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Projects involving agro4processing, supply of inputs to agriculture, warehousing, cold storage facilities, ar!eting infrastructure for agriculture and allied activities such as dairy, fisheries, and eat processing, set up or owned by the appropriate /overnent or by a farers1 cooperative or by an institution set up under a statuteO
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Proj Projec ectt for for indu indust stri rial al corr corrid idor orss or ini ining ng acti activi viti ties es,, nati nation onal al inve invest stent ent and and anufacturing Bones, as designated in the :ational @anufacturing PolicyO
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Project for water harvesting and water conservation structures, sanitationO
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Project for /overnent adinistered, /overnent aided educational and research schees or institutionsO
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Project for sports, health care, touris, transportation of space prograeO
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)ny infr infras astr truc uctur turee faci facili lity ty as ay be notif notified ied in this this rega regard rd by the the Cent Centra rall /overnent and after tabling of such notification in ParliaentO
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Project for project affected failiesO
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Project for housing, or such incoe groups, as ay be specified fro tie to tie by the appropriate /overnentO
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Project for planned developent or the iproveent of village sites or any site in the urban areas or provision of land for residential purposes for the wea!er sections in rural and urban areasO
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Project for residential purposes to the poor or landless or to persons residing in areas affected by natural calaities, or to persons displaced or affected by reason of the ipleentation i pleentation of any schee underta!en by the /overnent, any local authority or a corporation owned or controlled by the State.
hen governent declares public purpose and shall control the land directly, consent of the land owner shall not be re0uired. >owever, when the governent ac0uires the land for private copanies, the consent of at least 2; of the project affected failies shall be obtained through a prior infored process before governent uses its power under the )ct to ac0uire the reaining land for public good, and in case of a public4private project at least 5; of the affected failies should consent to the ac0uisition process.
The )ct includes an urgency clause for e"pedited land ac0uisition. The urgency clause ay only be invo!ed for national defense, security and in the event of rehabilitation of affected people fro natural disasters or eergencies. 3e;inition o; =land o>ner=
The )ct defines the following as land owner8 -. person person whose whose nae nae is recor recorded ded as the owner owner of the land or build building ing or part part thereof, thereof, in the records of the authority concernedO or ?. person person who is gran granted ted forest forest righ rights ts under under The Scheduled Tribes and 'ther Traditional *orest $wellers 6%ecognition of *orest %ights7 )ct, ?;;< or under any other law for the tie being in forceO or . Perso Person n who who is entit entitled led to be gran grante ted d Patta Patta rights rights on the land land unde underr any law law of the State State including assigned landsO or 3. any person person who has has been declar declared ed as such by an order order of the court or or )uthor )uthority ity
6a"ricultural land eans land used for the purpose of
6i7 agriculture or horticultureO horticultureO 6ii7 dairy faring, poultry faring, pisciculture, sericulture, seed faring breeding of livestoc! or nursery growing growing edicinal edicinal herbsO 6iii7 raising of crops, trees, grass or garden produceO and 6iv7 land used for the graBing of cattle
6company eans
6i7 a copany as defined in section of the Copanies )ct, -+<, other than a /overnent copanyO 6ii7 a society registered under the Societies %egistration )ct, )ct, -2<; or under any corresponding law for the tie being in force in a StateO
6displaced ;amily eans any faily, who on account of ac0uisition of land
has to be relocated and resettled fro the affected area to the resettleent areaO
6;amily includes a person, his or her spouse, inor children, inor brothers
and inor sisters dependent on hi8 Provided that widows, divorcees divorcees and woen deserted by failies shall be considered separate failiesO &"planation. )n adult of of either gender with or without without spouse spouse or children children or dependents shall be considered as a separate faily for the purposes of this )ct
6person interested eans
6i7 all persons claiing an interest in copensation to be ade on account of the ac0uisition of land under this )ctO 6ii7 the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights recognised under the Scheduled Tribes and 'ther Traditional *orest $wellers 6%ecognition of *orest %ights7 )ct, ?;;
eanss an area area wher wheree the the affe affect cted ed fai faili lies es who who have have been been 6es 6eset ettl tlem emen entt &rea rea ean displaced as a result of land ac0uisition are resettled by the appropriate /overnentO /overnentO
3etermination o; Social Impact Public purpose
Land Land ay be ac0ui ac0uired red only only for publi publicc purpo purpose. se. The The ill ill define definess public public purpo purpose se to include8 defence and national securityO roads, railways, highways, and ports built by governent and public sector enterprises Oland for the project affected people planned developent and iproveent of village or urban sites and residential purposes for the poor and landless, governent adinistered schees or institutions, institutions, etc . This is broadly siilar to the provisions of the -2+3 )ct.
In certain cases consent of 2; per cent of the project affected people is re0uired to be obtained. These include ac0uisition of land for 6i7 use by the governent for purposes other than those entioned above ,and 6ii7 use by public4private partnerships ,and 6iii7 use by private copanies. copanies.
Section ?. 6-7 henever the appropriate /overnent intends to ac0uire land for a public
purpose, it shall consult the concerned Panchayat, @unicipality @unicipality or @unicipal Corporation, as the case ay be at village level or ward level, in the affected area and carry out a Social Ipact )ssessent study in consultation with the, in such anner and fro such date as ay be specified by such /overnent by notific notification. ation. 6?7 The notification issued by the appropriate /overnent for coenceent of consultation and of the Social Ipact )ssessent study under sub4section 6-7 shall be ade ade availa available ble in the local local langu language age to the the Pancha Panchayat yat,, @unic @unicipa ipalit lity y or @unici @unicipal pal Corporation, as the case ay be, and in the offices of the $istrict Collector, the Sub4 $ivisional @agistrate @agistrate and the Tehsil, Tehsil, and shall be published in the affected areas, in such ann anner er as ay ay be pres prescr criibed, bed, and and uplo upload aded ed on the the webs websit itee of the the appr approp opri riat atee /overnent8 Provided that the appropriate /overnent shall ensure that ade0uate representation has been been given given to the repres represent entati atives ves of Pancha Panchayat yat,, /ra /ra Sabha, Sabha, @unic @unicipa ipalit lity y or @unicipal Corporation as the case ay be at the stage of carrying out the Social Ipact )ssessent study8 Provided further that the appropriate /overnent shall ensure the copletion of the Social Ipact )ssessent )ssessent study within a period of si" onths fro the date of its coenceent. 67 The Social Ipact )ssessent study report referred to in sub4section 6-7 shall be ade available to the public in the anner prescribed under section <. 6?7 The Social Ipact )ssessent )ssessent study referred to in sub4section 6-7 shall, aongst other atters, include all the following, following, naely8 6a7 assessent as to whether the proposed ac0uisition serves public purposeO 6b7 estiation of affected failies and the nuber of failies aong the li!ely to displacedO
6c7 e"tent of lands, public and private, houses, settleents and other coon properties li!ely li!ely to be affected affected by the the proposed ac0uisitionO 6d7 whether the e"tent of land proposed for ac0uisition is the absolute bare4 iniu e"tent needed for the projectO 6e7 whether land ac0uisition at an alternate place has been considered and found not feasibleO 6f7 study of social ipacts of the project, and the nature and cost of addressing the and the ipact of these costs on the overall costs of the project vis4a4vis the benefits of the project8
Provided that &nvironental Ipact )ssessent study, if any, shall be carried out siultaneously siultaneously and shall not be contingent upon the copletion of the Social Ipact )ssessent study.
67 hile underta!ing a Social Ipact )ssessent study under sub4section 6-7, the appropriate /overnent shall, aongst other things, ta!e into consideration the ipact that the project is li!ely to have on various coponents such as livelihood of effected failies public and counity properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drin!ing water, sources of water for cattle, counity ponds, graBing land, plantations, public utilities such as post offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools and educational or training facilities, anganwadis, children par!s, places of worship, land for traditional tribal institutions and burial and creation grounds.
637 The appropriate /overnent shall re0uire the authority conducting the Social Ipact Ipact )ssess ssessent ent study study to prepa prepare re a Social Social Ipact Ipact @anage @anagee ent nt Plan, Plan, listi listing ng the aeliorative easures re0uired to be underta!en for addressing the ipact for a specific coponent referred to in sub4section 67, and such easures shall not be less than what is provided under a schee or prograe, in operation in that area, of the Central /overnent or, as the case ay be, the State /overnent, in operation in the affected area.
Section +. henever a Social Ipact )ssessent is re0uired to be prepared under section
3, the appropriate /overnent shall ensure that a public hearing is held at the affected area, after giving ade0uate publicity about the date, tie and venue for the public hearing, to ascertain the views of the affected failies to be recorded and included in the Social Ipact )ssessent %eport.
6-7 The The appr approp opri riat atee /ove /overn rne ent nt shal shalll ensu ensure re that that the the Soci Social al Ipa Ipact ct Sect Section ion /. 6-7 )ssessent study report and the Social Ipact @anageent Plan referred to in sub4 section 6<7 of section 3 are prepared and ade available in the local language to the Panchayat, @unicipality @unicipality or @unicipal Corporation, as the case ay be, and the offices of the $istrict Collector, the Sub4$ivisional agistrate and the Teshil, and shall be published in the affected areas, in such anner as ay be prescribed, and uploaded on the website of the appropriate /overnent. 6?7 herever &nvironent Ipact )ssessent )ssessent is carried out, a copy of the Social Ipact )ssessent report shall be ade available to the Ipact )ssessent )gency authorised by the Central /overnent to carry out environental ipact assessent
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6-7 The The appr approp opri riat atee /ove /overn rne ent nt shal shalll ensu ensure re that that the the Soci Social al Ipa Ipact ct Sect Section ion B. 6-7 )ssessent report is evaluated by an independent ulti4disciplinary &"pert /roup, as ay be constituted by it. 6?7 The &"pert /roup constituted under sub4section 6-7 shall include the following, naely8 6a7 two non4official non4official social scientistsO 6b7 6b7 two two repr repres esen enta tati tive vess of Panc Pancha haya yat, t, /ra /ra Sabh Sabha, a, @uni @unici cipa pali lity ty or @uni @unici cipa pall Corporation, Corporation, as the case c ase ay beO 6c7 two e"perts on rehabilitationO rehabilitationO and 6d7 a technical e"pert in the subject relating to the project. 67 The appropriate /overnent ay noinate a person fro aongst the ebers of the &"pert /roup as the Chairperson of the /roup. 637 If the &"pert /roup constituted under sub4section 6-7, is of the opinion that,
6a7 the project does not serve any public purposeO or 6b7 the social costs and adverse social ipacts of the project outweigh the potential benefits, it shall a!e a recoendation within two onths for the date of its constitution to the effect that the project shall be abandoned forthwith and no further steps to ac0uire the land will be initiated in respect of the sae8
Provided that the grounds for such recoendation recoendation shall be recorded in writing by the &"pert /roup giving the details and reasons for such decision8 Provided further that where the appropriate /overnent, /overnent, inspite of such recoendations, recoendations, proceeds with the ac0uisition, then, it shall ensure that its reasons for doing so are recorded in writing. 67 If &"pert /roup constituted under sub4section 6-7, is of the opinion that, 6a7 the project will serve any public purposeO and 6b7 the potential benefits outweigh the social costs and adverse social ipacts, it shal shalll a!e a!e spec specif ific ic reco reco en enda dati tion onss with within in two two ont onths hs fro fro the the date date of its its constitution whether the e"tent of land proposed to be ac0uired is the absolute bare4 iniu e"tent needed for the project and whether there are no other less displacing options available8 Provided that the grounds for such recoendation recoendation shall be recorded in writing by the &"pert /roup giving the details and reasons for such decision. 6<7 The recoendations of the &"pert /roup referred to in sub4sections 637 and 67 shall be ade available in the local language to the Panchayat, @unicipality or @unicipal Corpo Corporat ration ion,, as the case case ay be and the offices offices of the the $istr $istrict ict Collect Collector or,, the the Sub4 Sub4 $ivisional @agistrate @agistrate and the Tehsil, Tehsil, and shall be published in the affected areas, in such ann anner er as ay ay be pres prescr crib ibed ed and and uplo upload aded ed on the the webs websit itee of the the appr approp opri riat atee /overnent.
Section C. 6-7 The appropriate /overnent /overnent shall ensure that
6a7 there is a legitiate and bona fide public purpose for the proposed ac0uisition which necessitates the ac0uisition of the land identifiedO 6b7 the potential benefits and the public purpose referred to in clause 6a7 shall outweigh the social costs and adverse social ipact asO
6c7 only the iniu area of land re0uired for the project is proposed to be ac0uiredO 6d7 there is no unutiliBed land which has been previously ac0uired in the areaO 6e7 the land, if any, ac0uired earlier reained unutiliBed, is used for such public purpose and a!e recoendations in respect thereof. 6?7 The appropriate /overnent shall e"aine the report of the Collector if any and the report of the &"pert /roup on the Social Ipact )ssessent study and after considering all the reports, reports, recoend recoend such area for ac0uisition ac0uisition which would ensure iniu iniu displ displace aceen entt of peopl people, e, ini iniu u distu disturba rbance nce to the the infras infrastr truct ucture ure,, ecolog ecology y and iniu adverse ipact on the individuals affected. 67 The decision of the appropriate /overnent shall be ade available in the local language to the Panchayat, @unicipality or @unicipal Corporation, as the case ay be and the offices of the $istrict Collector, the Sub4$ivisional @agistrate and the Tehsil, and shall be published in the affected areas, in such anner as ay be prescribed, and uploaded on the website of the appropriate /overnent8 Provided that where land is sought to be ac0uired for the purposes as specified in sub4 section 6?7 of section ?, the appropriate /overnent shall also ascertain as to whether the prior consent of the affected affected failies as re0uired under under the proviso proviso to sub4section sub4section 6?7 of section ?, has been obtained in the anner as ay be prescribed.
Section *. here land is proposed to be ac0uired invo!ing the urgency provisions under
section 3-, the appropriate /overnent ay e"ept underta!ing underta!ing of the Social Ipact )ssessent study.
1!at are t!e sa;e"uards in t!e la> to ensure ;ood security< G Special provisions have been inserted in the Law to ensure that ulti4crop land is ac0uired only as a last resort. G States are also re0uired to ipose liits on the area of agricultural= ulti4crop land that can be ac0uired in a State. :o ac0uisition of such lands in e"cess of that liit can ta!e place. G hen ac0uiring agricultural land, the state has to cultivate an e0uivalent area of land elsewhere as agricultural land. If they cannot do this then they ust deposit an aount e0uivalent to its value in an account to be used for the purposes of enhancing food security.
SP2I&L P0DISI0) %0 S&F24U&3 F003 S2UI%@ Section Section -9. (-7 Save as otherwise provided in sub4section 6?7, no irrigated ulti4cropped
land shall be ac0uired under this )ct. 6?7 Such land ay be ac0uired subject to the condition that it is being done under e"ceptional circustances, circustances, as a deonstrable last resort, where the ac0uisition of the land referred to in sub4section 6-7 shall, in aggregate for all projects in a districts or state, in no case e"ceed such liits as ay be notified by the appropriate /overnent considering therelevant State specific factors and circustances. 67 henever ulti4crop irrigated land is ac0uired under sub4section 6?7, an e0uivalent area of culturable wasteland shall be developed for agricultural purposes or an aount e0uivalent to the value of the land ac0uired shall be deposited with the appropriate /overnent for investent in agriculture for enhancing food4security. 637 In a case not falling under sub4section 6-7, the ac0uisition of the agriculture land in aggregate for all projects in a district or State, shall in no case e"ceed such liits of the total total net sown sown area area of that that distr district ict or State, State, as ay be notif notified ied by the appropri appropriate ate /overnent8 Provided that the provisions of this section shall not apply in the case of projects that are linear in nature such as those relating to railways, highways, ajor district roads, irrigation canals, power lines and the li!e. -.@ult -.@ulti4cr i4crop op irrigat irrigated ed land land will will not be ac0uir ac0uired ed &"cep &"ceptt as ) deonst deonstrabl rably y last %esort %esort easure, which In no Case should Lead to ac0uisition of @ore than such liits )s have been set y the State /overnent under this law. ?.herever ulti4crop irrigated land Is ac0uired an e0uivalent )rea of Cultivable wasteland shall be developed for agricultural agri cultural purposes 6or an aount e0uivalent To the value of the land )c0uired shall be deposited with the appropriate /overnent for investent In agriculture for food4security7. .States are also re0uired to set a liit on the area of )gricultural land that can e ac0uired in any given district . -. and ?. above shall not apply in the case of linear projects 6such as railways, highways, highways, ajor district roads, power lines, and irrigation canals7
