The Right to Fare Compensation and Transparency in Land

Acquisition,
Rehabilitation and Resettlement Act, 2013

Project Report on : History, Objects, Scope, Applicability and

Salient Features, Definitions, Determination of Social Impact

and Public Purposes, Special Provision to Safeguard Food
Security.

Submitted to:
Ms. Sudipa Kaur
(Faculty, UILS, Panjab University, Chandigarh)

Submitted By:
Somnath Tayal
B.A.LLB (Hons.)
Roll No.:95/13
6th Sem

ACKNOWLEDGEMENT

--------------------------------------------------------------------------I have written this project report on The Right to Fare Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

2013 under the supervision of Ms.Sudipa Kaur faculty of University Institute of Legal
Studies, Panjab University, Chandigarh.
The valuable suggestions of her supervision not only helped me immensely in making this
work, but also in developing an analytical approach in work.
I found no words to express my sense of gratitude for DIRECTOR of our institute for
encouragement at every step .
I am extremely grateful to librarian and library staff of the institute for the support and
cooperation extended time to time.
Also, my Parents and Friends contribution, support and cooperation in this work is beyond
words.

Somnath Tayal
Roll no.
95/13

HISTORY
The Government of India believed there was a heightened public concern on land acquisition
issues in India. Of particular concern was that despite many amendments, over the years, to
India's Land Acquisition Act of 1894, there was an absence of a cohesive national law that
addressed fair compensation when private land is acquired for public use, and fair
rehabilitation of land owners and those directly affected from loss of livelihoods. The
Government of India believed that a combined law was necessary, one that legally requires
rehabilitation and resettlement necessarily and simultaneously follow government acquisition
of land for public purposes.
Forty-Fourth Amendment Act of 1978 omitted Art 19(1) (f) with the net result being:1. The right not to be deprived of ones property save by authority of law has since been
no longer a fundamental right. No person shall be deprived of his property saved by
authority of law (Constitution 44th Amendment, w.e.f. 10.6.1979). The amendment
ensured that the right to property is no more a fundamental right but rather a
constitutional/legal right/as a statutory right and in the event of breach, the remedy
available to an aggrieved person is through the High Court under Article 226 of the
Indian Constitution and not the Supreme Court under Article 32 of the Constitution. .
2. Moreover, no one can challenge the reasonableness of the restriction imposed by any
law the legislature made to deprive the person of his property.
State must pay compensation at the market value for such land, building or structure acquired
(Inserted by Constitution, Seventeenth Amendment Act, 1964), the same can be found in the
earlier rulings when property right was a fundamental right (such as 1954 AIR 170, 1954
SCR 558, which propounded that the word Compensation deployed in Article 31(2)
implied full compensation, that is the market value of the property at the time of the
acquisition. The Legislature must ensure that what is determined as payable must be
compensation, that is, a just equivalent of what the owner has been deprived of). Elsewhere,
Justice, Reddy, O Chinnappa ruled (State Of Maharashtra v. Chandrabhan Tale on 7 July,
1983) that the fundamental right to property has been abolished because of its incompatibility
with the goals of justice social, economic and political and equality of status and of
opportunity and with the establishment of a socialist democratic republic, as contemplated

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 wake the vestiges of the doctrine of Laissez Faire
and create, in the name of efficiency, a new oligarchy. Efficiency has many facets and one is
yet to discover an infallible test of efficiency to suit the widely differing needs of a
developing society such as ours (1983 AIR 803, 1983 SCR (3) 327)
The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok
Sabha. Two Bills on similar lines were introduced in Lok Sabha in 2007. These Bills lapsed
with the dissolution of the 14th Lok Sabha
The First Amendment to the above bill was introduced and passed in the lower house of the
Indian legislature on 11 March 2015 among strong protest from allies as well as opposition. It
is expected to face opposition in the Rajya Sabha as well after being dubbed as an "antifarmer" bill

Land acquisition in India refers to the process by which the union or a state government in
India acquires private land for the purpose of industrialisation, development of infrastructural
facilities or urbanisation of the private land, and provides compensation to the affected land
owners and their rehabilitation and resettlement.
Land acquisition in India is governed by the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) and which came into
force from 1 January 2014. Till 2013, land acquisition in India was governed by Land
Acquisition Act of 1894.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian
Parliament that regulates land acquisition and lays down the procedure and rules for granting
compensation, rehabilitation and resettlement to the affected persons in India. The Act has
provisions to provide fair compensation to those whose land is taken away, brings
transparency to the process of acquisition of land to set up factories or buildings,
infrastructural projects and assures rehabilitation of those affected. The Act establishes
regulations for land acquisition as a part of India's massive industrialisation drive driven by

public-private partnership. The Act replaced the Land Acquisition Act, 1894, a nearly 120year-old law enacted during British rule.
The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok
Sabha on 7 September 2011. The bill was then passed by it on 29 August 2013 and by Rajya
Sabha on 4 September 2013. The bill then received the assent of the President of India,
Pranab Mukherjee on 27 September 2013.[4] The Act came into force from 1 January 2014.
An amendment bill was then introduced in Parliament to endorse the Ordinance. Lok Sabha
passed the bill but the same is still lying for passage by the Rajya Sabha. On 30 May 2015,
President of India promulgated the amendment ordinance for third time.
Need for this Bill
There is unanimity of opinion across the social and political spectrum that the current Law
(The Land Acquisition Act 1894) suffers from various shortcomings. Some of these include:
Forced acquisitions: Under the 1894 legislation once the acquiring authority has formed the
intention to acquire a particular plot of land, it can carry out the acquisition regardless of how
the person whose land is sought to be acquired is affected.
No safeguards: There is no real appeal mechanism to stop the process of the acquisition. A
hearing (under section 5A) is prescribed but this is not a discussion or negotiation. The views
expressed are not required to be taken on board by the officer conducting the hearing.
Silent on resettlement and rehabilitation of those displaced: There are absolutely no
provisions in the 1894 law relating to the resettlement and rehabilitation of those displaced by
the acquisition.
Urgency clause: This is the most criticised section of the Law. The clause never truly
defines what constitutes an urgent need and leaves it to the discretion of the acquiring
authority. As a result almost all acquisitions under the Act invoke the urgency clause. This
results in the complete dispossession of the land without even the token satisfaction of the
processes listed under the Act.
Low rates of compensation: The rates paid for the land acquired are the prevailing circle
rates in the area which are notorious for being outdated and hence not even remotely
indicative of the actual rates prevailing in the area.
Litigation: Even where acquisition has been carried out the same has been challenged in
litigations on the grounds mentioned above. This results in the stalling of legitimate
infrastructure projects.

 Recent observations by the Supreme Court: Justice Ganpat Singhvi of the Supreme Court
has observed, in the wake of repeated violations that have come to light over the last few
months, that the law has become a fraud. He observed that the law seems to have been
drafted with scant regard for the welfare of the common man.
Another bench of the Supreme Court has echoed this sentiment in its observation that he
provisions contained in the Act, of late, have been felt by all concerned, do not adequately
protect the interest of the land owners/persons interested in the land. The Act does not
provide for rehabilitation of persons displaced from their land although by such compulsory
acquisition, their livelihood gets affected To say the least, the Act has become outdated and
needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the
constitutional provisions, particularly, Article 300A of the Constitution. We expect the law
making process for a comprehensive enactment with regard to acquisition of land being
completed without any unnecessary delay.
Highlights of the this Bill
Compensation: Given the inaccurate nature of circle rates, the Bill proposes the payment of
compensations that are up to four times the market value in rural areas and twice the market
value in urban areas.
R&R: This is the very first law that links land acquisition and the accompanying obligations
for resettlement and rehabilitation. Over five chapters and two entire Schedules have been
dedicated to outlining elaborate processes (and entitlements) for resettlement and
rehabilitation. The Second Schedule in particular outlines the benefits (such as land for land,
housing, employment and annuities) that shall accrue in addition to the one-time cash
payments.
Retrospective operation: To address historical injustice the Bill applies retrospectively to
cases where no land acquisition award has been made. Also in cases where the land was
acquired five years ago but no compensation has been paid or no possession has taken place
then the land acquisition process will be started afresh in accordance with the provisions of
this act.
Multiple checks and balances: A comprehensive, participative and meaningful process
(involving the participation of local Panchayati Raj institutions) has been put in place prior to

the start of any acquisition proceeding. Monitoring committees at the national and state levels
to ensure that R&R obligations are met have also been established.
Special safeguards for tribal communities and other disadvantaged groups: No law can be
acquired in scheduled areas without the consent of the Gram Sabhas. The law also ensures
that all rights guaranteed under such legislation as the Panchayat (Extension to Scheduled
Areas) Act 1996 and the Forest Rights Act 2006 are taken care of. It has special enhanced
benefits (outlined in a dedicated chapter) for those belonging to Scheduled Castes and
Scheduled Tribes.
Safeguards against displacement: The law provides that no one shall be dispossessed until
and unless all payments are made and alternative sites for the resettlement and rehabilitation
have been prepared. The Third Schedule even lists the infrastructural amenities that have to
be provided to those that have been displaced.
Compensation for livelihood losers: In addition to those losing land, the Bill provides
compensation to those who are dependent on the land being acquired for their livelihood.
Consent: In cases where PPP projects are involved or acquisition is taking place for private
companies, the Bill requires the consent of no less than 70% and 80% respectively (in both
cases) of those whose land is sought to be acquired. This ensures that no forcible acquisition
can take place.
Caps on acquisition of multi-crop and agricultural land: To safeguard food security and to
prevent arbitrary acquisition, the Bill directs states to impose limits on the area under
agricultural cultivation that can be acquired.
Return of unutilized land: In case land remains unutilized after acquisition, the new Bill
empowers states to return the land either to the owner or to the State Land Bank.
Exemption from income tax and stamp duty: No income tax shall be levied and no stamp
duty shall be charged on any amount that accrues to an individual as a result of the provisions
of the new law.
Share in appreciated land value: Where the acquired land is sold to a third party for a higher
price, 40% of the appreciated land value (or profit) will be shared with the original owners.

Aims and objectives

The aims and objectives of the Act include:

To ensure, in consultation with institutions of local self-government and Gram Sabhas

established under the Constitution of India, a humane, participative, informed and
transparent process for land acquisition for industrialisation, development of essential
infrastructural facilities and urbanisation with the least disturbance to the owners of
the land and other affected families

Provide just and fair compensation to the affected families whose land has been
acquired or proposed to be acquired or are affected by such acquisition

Make adequate provisions for such affected persons for their rehabilitation and
resettlement

Ensure that the cumulative outcome of compulsory acquisition should be that affected
persons become partners in development leading to an improvement in their post
acquisition social and economic status and for matters connected therewith or
incidental thereto.[12]

Purpose and scope

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

Government acquires land for its own use, hold and control, including land for Public
sector undertakings.

Government acquires land with the ultimate purpose to transfer it for the use of
private companies for stated public purpose. The purpose of LARR 2011 includes
public-private-partnership projects, but excludes land acquired for state or national
highway projects.

Government acquires land for immediate and declared use by private companies for
public purpose.

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

Protection to interests and concerns of farmers

Retrospective effect: Where awards are made but no compensation has been paid or
possession has not been taken, compensation shall be paid at the rate prescribed under the
new Act. Where the Award has not been made the entire process shall be considered to have
lapsed. Also where acquisition has taken place five years prior to the commencement of the
new law but no compensation/ possession has taken place the proceedings shall be deemed to
have lapsed.
Consent: Prior-consent shall be required from 70% of land losers and those working on
government assigned lands only in the case of public-private partnership projects and 80% in
the case of private companies. This consent also includes consent to the amount of
compensation that shall be paid.
Return of unutilized land: Land not used can now be returned to the original owners if the
state so decides.
Share in sale of acquired land increased: The share that has to be distributed among farmers
in the increased land value (when the acquired land is sold off to another party) has been set
at 40%.
Income-tax Exemption: All amounts accruing under this act have been exempted from
income tax and from stamp duty.
Strict restrictions on multi-crop acquisition: The acquisition of agricultural land and multicrop land has to be carried out as a last resort. There will be definite restrictions on the extent
of acquisition of such land in every state to be determined by the States concerned.
Safeguards to ensure fair price: Given the way in which market value is to be calculated and
the imposition of a solatium of 100% over and above the amount, the farmers are guaranteed
a fair price for their land.
Acquisition only if necessary: The Collector has to make sure that no other unutilized lands
are available before he moves to acquire farm land.

 Damage to crops to be included in price: The final award has to include damage to any
standing crops which might have been harmed due to the process of acquisition (including the
preliminary inspection).
Share in developed land: In case their land is acquired for urbanization purposes 20% of the
developed land will be reserved and offered to these farmers in proportion to the area of their
land acquired and at a price equal to the cost of acquisition and the cost of development.
Fishing rights: In the case of irrigation or hydel projects, affected families may be allowed
fishing rights in the reservoirs.
Additional R&R benefits: Farmers are also entitled to the various rehabilitation and
resettlement benefits which are enumerated in response to question 2.
Time-bound social impact assessment: The Bill mandates a social impact assessment of
every project which must be completed within a period of six months.
What are the rehabilitation and resettlement provisions for farmers, landless and
livelihood losers?
Reduced qualifying criteria: To qualify for benefits under this Act the time period has been
reduced to three years of dependence (on the acquired land) from five.
Affected family to include tenants: The definition of affected family includes agricultural
labourers, tenants including any form of tenancy or usufruct right, share-croppers or artisans
who may be working in the affected area for three years prior to the acquisition, whose
primary source of livelihood stands affected by the acquisition of land.
Houses for all affected families: All affected families are entitled to a house provided they
have been residing in an area for five years or more and have been displaced. If they choose
not to accept the house they are offered a one-time financial grant in lieu of the same.
Choice of annuity or employment: All affected families are given a choice of annuity or
employment;
i. If employment is not forthcoming they are entitled to a one-time grant of Rs.5 lakh per
family.
ii. Alternatively they will provided with an annuity payment of Rs.2,000 per month per
family for 20 years (this will be adjusted for inflation).
Subsistence allowance: All affected families which are displaced from the land acquired
shall be given a monthly subsistence allowance equivalent to Rs.3,000 per month for a period
of one year from the date of award.

 Training and skill development: All affected families are also given training and skill
development while being offered employment.
Miscellaneous amounts: All affected families are given multiple monetary benefits such as
transport allowance of Rs.50,000 and resettlement allowance of Rs.50,000.
One-time financial assistance: Each affected family of an artisan, small trader or selfemployed person shall get one-time financial assistance of such amount as the appropriate
government may, by notification, specify subject to a minimum of Rs.25,000.
R&R to be completed in all aspects for irrigation projects: In case of acquisition of land for
irrigation or hydel project the rehabilitation and resettlement shall be completed six months
prior to submergence of the lands proposed to be so acquired.
Possession upon fulfilment of conditions under Act: The Collector shall take possession of
land only ensuring that full payment of compensation as well as rehabilitation and
resettlement entitlements are paid or tendered to the entitled persons within a period of three
months for the compensation and a period of six months for the monetary part of
rehabilitation and resettlement entitlements commencing from the date of the award.
However, families will not be displaced from this land till their alternative R&R sites are
ready for occupation.
Time Limit for provision of R&R entitlements: The components of the Rehabilitation and
Resettlement Package in the Second and Third Schedules that relate to infrastructural
entitlements shall be provided within a period of 18 months from the date of the award.

Definition of public purpose

Section 2(1) of the Act defines the following as public purpose for land acquisition within
India:

For strategic purposes relating to naval, military, air force, and armed forces of the Union,
including central paramilitary forces or any work vital to national security or defence of India
or State police, safety of the people; or

For infrastructure projects, which includes the following, namely:

o

All activities or items listed in the notification of the Government of India in the
Department of Economic Affairs (Infrastructure Section) number 13/6/2009-INF,
dated 27 March 2012, excluding private hospitals, private educational institutions and
private hotels;

Projects involving agro-processing, supply of inputs to agriculture, warehousing, cold

storage facilities, marketing infrastructure for agriculture and allied activities such as
dairy, fisheries, and meat processing, set up or owned by the appropriate Government
or by a farmers' cooperative or by an institution set up under a statute;

Project for industrial corridors or mining activities, national investment and

manufacturing zones, as designated in the National Manufacturing Policy;

Project for water harvesting and water conservation structures, sanitation;

Project for Government administered, Government aided educational and research

schemes or institutions;

Project for sports, health care, tourism, transportation of space programme;

Any infrastructure facility as may be notified in this regard by the Central

Government and after tabling of such notification in Parliament;

Project for project affected families;

Project for housing, or such income groups, as may be specified from time to time by the
appropriate Government;

Project for planned development or the improvement of village sites or any site in the urban
areas or provision of land for residential purposes for the weaker sections in rural and urban
areas;

Project for residential purposes to the poor or landless or to persons residing in areas affected
by natural calamities, or to persons displaced or affected by reason of the implementation of
any scheme undertaken by the Government, any local authority or a corporation owned or
controlled by the State.

When government declares public purpose and shall control the land directly, consent of the
land owner shall not be required. However, when the government acquires the land for
private companies, the consent of at least 80% of the project affected families shall be
obtained through a prior informed process before government uses its power under the Act to
acquire the remaining land for public good, and in case of a public-private project at least
70% of the affected families should consent to the acquisition process.

The Act includes an urgency clause for expedited land acquisition. The urgency clause may
only be invoked for national defense, security and in the event of rehabilitation of affected
people from natural disasters or emergencies.
Definition of 'land owner'

The Act defines the following as land owner:

1. person whose name is recorded as the owner of the land or building or part thereof, in the
records of the authority concerned; or
2. person who is granted forest rights under The Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 or under any other law for the time being
in force; or
3. Person who is entitled to be granted Patta rights on the land under any law of the State
including assigned lands; or
4. any person who has been declared as such by an order of the court or Authority

agricultural land means land used for the purpose of

(i) agriculture or horticulture;
(ii) dairy farming, poultry farming, pisciculture, sericulture, seed farming
breeding of livestock or nursery growing medicinal herbs;
(iii) raising of crops, trees, grass or garden produce; and
(iv) land used for the grazing of cattle

company means
(i) a company as defined in section 3 of the Companies Act, 1956, other
than a Government company;
(ii) a society registered under the Societies Registration Act, 1860 or under
any corresponding law for the time being in force in a State;
displaced family means any family, who on account of acquisition of land
has to be relocated and resettled from the affected area to the resettlement area;

family includes a person, his or her spouse, minor children, minor brothers
and minor sisters dependent on him:
Provided that widows, divorcees and women deserted by families shall be
considered separate families;
Explanation.
An adult of either gender with or without spouse or children or
dependents shall be considered as a separate family for the purposes of this Act

person interested means

(i) all persons claiming an interest in compensation to be made on account
of the acquisition of land under this Act;
(ii) the Scheduled Tribes and other traditional forest dwellers, who have
lost any forest rights recognised under the Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006;
(iii) a person interested in an easement affecting the land;
(iv) persons having tenancy rights under the relevant State laws including share-croppers
by whatever name they may be called; and
(v) any person whose primary source of livelihood is likely to be adversely affected

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

Determination of Social Impact Public purpose

Land may be acquired only for public purpose. The Bill defines public purpose to
include: defence and national security; roads, railways, highways, and ports built by
government and public sector enterprises ;land for the project affected people planned
development and improvement of village or urban sites and residential purposes for the
poor and landless, government administered schemes or institutions, etc . This is broadly
similar to the provisions of the 1894 Act.

In certain cases consent of 80 per cent of the project affected people is required to be
obtained. These include acquisition of land for (i) use by the government for purposes
other than those mentioned above ,and (ii) use by public-private partnerships ,and (iii) use
by private companies.

Section 4. (1) Whenever the appropriate Government intends to acquire land for a public
purpose, it shall consult the concerned Panchayat, Municipality or Municipal
Corporation, as the case may be at village level or ward level, in the affected area and
carry out a Social Impact Assessment study in consultation with them, in such manner
and from such date as may be specified by such Government by notification.
(2) The notification issued by the appropriate Government for commencement of
consultation and of the Social Impact Assessment study under sub-section (1) shall be
made available in the local language to the Panchayat, Municipality or Municipal
Corporation, as the case may be, and in the offices of the District Collector, the SubDivisional Magistrate and the Tehsil, and shall be published in the affected areas, in such
manner as may be prescribed, and uploaded on the website of the appropriate
Government:
Provided that the appropriate Government shall ensure that adequate representation
has been given to the representatives of Panchayat, Gram Sabha, Municipality or
Municipal Corporation as the case may be at the stage of carrying out the Social Impact
Assessment study:
Provided further that the appropriate Government shall ensure the completion of the
Social Impact Assessment study within a period of six months from the date of its
commencement.
(3) The Social Impact Assessment study report referred to in sub-section (1) shall be
made available to the public in the manner prescribed under section 6. (2) The Social
Impact Assessment study referred to in sub-section (1) shall, amongst
other matters, include all the following, namely:
(a) assessment as to whether the proposed acquisition serves public purpose;
(b) estimation of affected families and the number of families among them likely to
displaced;

(c) extent of lands, public and private, houses, settlements and other common
properties likely to be affected by the proposed acquisition;
(d) whether the extent of land proposed for acquisition is the absolute bareminimum extent needed for the project;
(e) whether land acquisition at an alternate place has been considered and found
not feasible;
(f) study of social impacts of the project, and the nature and cost of addressing
them and the impact of these costs on the overall costs of the project vis-a-vis
the benefits of the project:
Provided that Environmental Impact Assessment study, if any, shall be carried out
simultaneously and shall not be contingent upon the completion of the Social Impact
Assessment study.
(3) While undertaking a Social Impact Assessment study under sub-section (1), the
appropriate Government shall, amongst other things, take into consideration the impact
that the project is likely to have on various components such as livelihood of effected
families public and community properties, assets and infrastructure particularly roads,
public transport, drainage, sanitation, sources of drinking water, sources of water for
cattle, community ponds, grazing land, plantations, public utilities such as post offices,
fair price shops, food storage godowns, electricity supply, health care facilities, schools
and educational or training facilities, anganwadis, children parks, places of worship, land
for traditional tribal institutions and burial and cremation grounds.
(4) The appropriate Government shall require the authority conducting the Social
Impact Assessment study to prepare a Social Impact Management Plan, listing the
ameliorative measures required to be undertaken for addressing the impact for a specific
component referred to in sub-section (3), and such measures shall not be less than what is
provided under a scheme or programme, in operation in that area, of the Central
Government or, as the case may be, the State Government, in operation in the affected
area.

Section 5. Whenever a Social Impact Assessment is required to be prepared under section

4, the appropriate Government shall ensure that a public hearing is held at the affected
area, after giving adequate publicity about the date, time and venue for the public hearing,
to ascertain the views of the affected families to be recorded and included in the Social
Impact Assessment Report.
Section 6. (1) The appropriate Government shall ensure that the Social Impact
Assessment study report and the Social Impact Management Plan referred to in subsection (6) of section 4 are prepared and made available in the local language to the
Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of
the District Collector, the Sub-Divisional magistrate and the Teshil, and shall be published
in the affected areas, in such manner as may be prescribed, and uploaded on the website
of the appropriate Government.
(2) Wherever Environment Impact Assessment is carried out, a copy of the Social
Impact Assessment report shall be made available to the Impact Assessment Agency
authorised by the Central Government to carry out environmental impact assessment

APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT

GROUP
Section 7. (1) The appropriate Government shall ensure that the Social Impact
Assessment report is evaluated by an independent multi-disciplinary Expert Group, as
may be constituted by it.
(2) The Expert Group constituted under sub-section (1) shall include the following,
namely:
(a) two non-official social scientists;
(b) two representatives of Panchayat, Gram Sabha, Municipality or Municipal
Corporation, as the case may be;
(c) two experts on rehabilitation; and
(d) a technical expert in the subject relating to the project.
(3) The appropriate Government may nominate a person from amongst the members of
the Expert Group as the Chairperson of the Group.
(4) If the Expert Group constituted under sub-section (1), is of the opinion that,

(a) the project does not serve any public purpose; or

(b) the social costs and adverse social impacts of the project outweigh the
potential benefits, it shall make a recommendation within two months for the date of its
constitution to the effect that the project shall be abandoned forthwith and no further steps
to acquire the land will be initiated in respect of the same:
Provided that the grounds for such recommendation shall be recorded in writing by
the Expert Group giving the details and reasons for such decision:
Provided further that where the appropriate Government, inspite of such
recommendations, proceeds with the acquisition, then, it shall ensure that its reasons for
doing so are recorded in writing.
(5) If Expert Group constituted under sub-section (1), is of the opinion that,
(a) the project will serve any public purpose; and
(b) the potential benefits outweigh the social costs and adverse social impacts,
it shall make specific recommendations within two months from the date of its
constitution whether the extent of land proposed to be acquired is the absolute bareminimum extent needed for the project and whether there are no other less displacing
options available:
Provided that the grounds for such recommendation shall be recorded in writing by
the Expert Group giving the details and reasons for such decision.
(6) The recommendations of the Expert Group referred to in sub-sections (4) and (5)
shall be made available in the local language to the Panchayat, Municipality or Municipal
Corporation, as the case may be and the offices of the District Collector, the SubDivisional Magistrate and the Tehsil, and shall be published in the affected areas, in such
manner as may be prescribed and uploaded on the website of the appropriate
Government.
Section 8. (1) The appropriate Government shall ensure that
(a) there is a legitimate and bona fide public purpose for the proposed acquisition which
necessitates the acquisition of the land identified;
(b) the potential benefits and the public purpose referred to in clause (a) shall outweigh
the social costs and adverse social impact as;

(c) only the minimum area of land required for the project is proposed to be acquired;
(d) there is no unutilized land which has been previously acquired in the area;
(e) the land, if any, acquired earlier remained unutilized, is used for such public purpose
and make recommendations in respect thereof.
(2) The appropriate Government shall examine the report of the Collector if any and the
report of the Expert Group on the Social Impact Assessment study and after considering
all the reports, recommend such area for acquisition which would ensure minimum
displacement of people, minimum disturbance to the infrastructure, ecology and
minimum adverse impact on the individuals affected.
(3) The decision of the appropriate Government shall be made available in the local
language to the Panchayat, Municipality or Municipal Corporation, as the case may be
and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and
shall be published in the affected areas, in such manner as may be prescribed, and
uploaded on the website of the appropriate Government:
Provided that where land is sought to be acquired for the purposes as specified in subsection (2) of section 2, the appropriate Government shall also ascertain as to whether the
prior consent of the affected families as required under the proviso to sub-section (2) of
section 2, has been obtained in the manner as may be prescribed.
Section 9. Where land is proposed to be acquired invoking the urgency provisions under
section 41, the appropriate Government may exempt undertaking of the Social Impact
Assessment study.

What are the safeguards in the law to ensure food security?

Special provisions have been inserted in the Law to ensure that multi-crop land is acquired
only as a last resort.
States are also required to impose limits on the area of agricultural/ multi-crop land that can
be acquired in a State. No acquisition of such lands in excess of that limit can take place.
When acquiring agricultural land, the state has to cultivate an equivalent area of land
elsewhere as agricultural land. If they cannot do this then they must deposit an amount
equivalent to its value in an account to be used for the purposes of enhancing food security.

SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY

Section 10. (1) Save as otherwise provided in sub-section (2), no irrigated multi-cropped
land
shall be acquired under this Act.
(2) Such land may be acquired subject to the condition that it is being done under
exceptional circumstances, as a demonstrable last resort, where the acquisition of the land
referred to in sub-section (1) shall, in aggregate for all projects in a districts or state, in no
case exceed such limits as may be notified by the appropriate Government considering
therelevant State specific factors and circumstances.
(3) Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalent
area of culturable wasteland shall be developed for agricultural purposes or an amount
equivalent to the value of the land acquired shall be deposited with the appropriate
Government for investment in agriculture for enhancing food-security.
(4) In a case not falling under sub-section (1), the acquisition of the agriculture land in
aggregate for all projects in a district or State, shall in no case exceed such limits of the
total net sown area of that district or State, as may be notified by the appropriate
Government:
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, major district roads,
irrigation canals, power lines and the like.
1.Multi-crop irrigated land will not be acquired Except as A demonstrably last Resort
measure, which In no Case should Lead to acquisition of More than such limits As have been
set By the State Government under this law.
2.Wherever multi-crop irrigated land Is acquired an equivalent Area of Cultivable wasteland
shall be developed for agricultural purposes (or an amount equivalent To the value of the land
Acquired shall be deposited with the appropriate Government for investment In agriculture
for food-security).
3.States are also required to set a limit on the area of Agricultural land that can Be acquired in
any given district
.
1. and 2. above shall not apply in the case of linear projects (such as railways, highways,
major district roads, power lines, and irrigation canals)