SOCIAL IMPACT ASSESSMENT, ACQUISITION OF LAND FOR PUBLIC PURPOSES IN AN EMERGENCY & REQUIREMENT OF CONSENT OF LANDHOLDER

Presented by:

Sujit Bora

Research Scholar (Legal Matter)

North East Centre of Excellence on Land Governance, Guwahati Centre

Introduction to RFCTLARR Act, 2013

Full Name

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Purpose

Regulates land acquisition, ensures fair compensation and rehabilitation for affected persons.

Historical Context

Replaces colonial Land Acquisition Act, 1894 that lacked transparency and fairness.

Effective Date & Scope

Effective from 1 January 2014, covers industrial, infrastructure, and urban projects.

OBJECTIVES OF RFCTLARR ACT, 2013

Key Provisions of the Act

Social Impact Assessment

Mandatory survey before acquisition to measure social effects.

Compensation Rates

• Rural: 4x market value

• Urban: 2x market value

Consent Requirements

80% consent for private or PPP projects from displaced persons.

Rehabilitation & Resettlement

Mandatory for all acquisitions, ensuring community welfare.

What is Social Impact Assessment (SIA) in Land Law ?

Why SIA ????

Why Social Impact Assessment (SIA) Matters

Conflict Reduction

Assesses social impacts early to prevent disputes.

Public Purpose Scrutiny

Questions justification and proposes alternatives or withdrawals.

Legal Requirement

Mandatory for most acquisitions under the 2013 Act.

Example

Dams requiring SIA may re-design to limit displacement.

SIA and Social Justice

Market Imperfections

Includes tenant farmers and labourers usually undervalued in land deals.

1

Inclusive Livelihoods

Considers non-landowners impacted by acquisition for support.

2

Transparency

Engages communities and Gram Sabhas effectively in decision-making.

3

Goal

Enhances social and economic status post-acquisition for affected families.

4

"Key aspects studied in an SIA for projects involving land acquisition include, but are not limited to:"

"Key aspects studied in an SIA for projects involving land acquisition include, but are not limited to:"

The information needs to be collected in order to estimate the magnitude of the impact by land acquisition

Composition of SIA Group

1. Non-official social scientists
2. Representatives of local self-government bodies
3. Rehabilitation experts
4. A technical expert. 

Independent Multi-disciplinary Expert Group

Process of Social Impact Assessment as per RFCTLARR Act 2013

1. Whenever the government plans to acquire land for a public purpose, it must consult the local Panchayat, Municipality, or Municipal Corporation and conduct a Social Impact Assessment (SIA) in coordination with them, as notified. (Section 4(1))

2. The government’s notification to start the Social Impact Assessment (SIA) under Section 4(1) of the RFCTLARR Act, 2013 must be:

• Shared in the local language with the concerned Panchayat, Municipality, or Corporation,
• Made available at the offices of the District Collector, SDM, and Tehsil,
• Published in the affected area and uploaded on the government website.

The government must ensure:

• Proper representation of local bodies during the SIA, and
• Completion of the SIA within six months from its start date.

3. The Social Impact Assessment (SIA) report must be made public as per Section 6 of the RFCTLARR Act, 2013.

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4. The SIA must include:

• Whether the project serves a public purpose,
• Estimate of affected and displaced families,
• Details of land, houses, and common property affected,
• Whether only the minimum required land is being acquired,
• Whether alternative sites were considered,
• Assessment of social impacts, cost of addressing them, and comparison with project benefits.

Note: The Environmental Impact Assessment, if required, must be done alongside the SIA.

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5. While conducting the Social Impact Assessment (SIA), the government must assess the project’s impact on:

• Livelihoods of affected families,
• Public/community assets like roads, transport, drainage, sanitation, and water sources,
• Utilities such as post offices, ration shops, godowns, electricity, and healthcare,
• Educational and childcare facilities, parks, places of worship, tribal institutions, and burial/cremation grounds.

6. The government must direct the SIA authority to prepare a Social Impact Management Plan, outlining measures to address each identified impact. These measures must be at least equal to those provided under existing Central or State schemes in the affected area.

Sec 5: Public Hearing for Social Impact Assessment (SIA):�As per Section 5 of the RFCTLARR Act, 2013, the government must hold a public hearing in the affected area, with proper notice about the date, time, and venue. The views of affected families must be recorded and included in the SIA Report.

Publication of Social Impact Assessment (SIA):�As per Section 6 of the RFCTLARR Act, 2013, the SIA Report and Social Impact Management Plan must be:

• Made available in the local language to the local bodies and district offices,
• Published in affected areas and uploaded on the government website.

If an Environmental Impact Assessment (EIA) is conducted, the SIA report must be shared with the authorized EIA agency.

7. Appraisal of Social Impact Assessment (SIA) by Expert Group�(Section 7, RFCTLARR Act, 2013)

• The government must appoint an independent Expert Group to review the SIA report.
• The Group must include:�(a) 2 non-official social scientists,�(b) 2 local body representatives,�(c) 2 rehabilitation experts,�(d) 1 technical expert.�One member may be nominated as Chairperson.

If the Group finds that:

• The project lacks public purpose, or
• Its social costs outweigh benefits,�It must recommend scrapping the project within 2 months, giving written reasons. The government may still proceed but must record its reasons in writing.

If the Group finds that:

• The project serves public purpose, and
• Benefits outweigh social costs,�It must recommend whether the land proposed is the minimum needed and whether less harmful alternatives exist—again, with written justification.

All recommendations must be shared in the local language with local bodies, district offices, published in affected areas, and uploaded online.

APPROACH AND METHODOLOGY FOR CONDUCTING SIA AND PREPARING SIMP

(An Indicative Structure)

PHASE 1:

PREPARATORY ACTIVITIES

1.1.1. Collection and review of project literature and reports

1.1.2. Rapid reconnaissance for understanding the site and logistics

1.1.3. Scoping

1.1.3.1. SIA questionnaire

1.1.3.2. Team composition

1.1.3.3. Familiarizing with sociocultural activities

PHASE 2:

SURVEY ACTIVITIES

1.2.1. Collection of data on socioeconomic conditions of affected families (Provide disaggregated data on gender, caste and tribes.)

1.2.1.1. Family structure and number of families

1.2.1.2. Literacy level

1.2.1.3. Occupational patterns

1.2.1.4. Income level

1.2.1.5. Inventory of movable and immovable assets of the affected family 1.2.1.6. Type and extent of loss

1.2.1.7. Accessibility of community resources

1.2.1.8. Perception of community on social impacts and resettlement and rehabilitation (R&R) measures

1.2.1.8.1. People’s opinion on social impacts

1.2.1.8.2. People’s opinion on income restoration

1.2.1.8.3. People’s opinion on grievance redressal mechanism

PHASE 3

ASSESSMENT OF IMPACTS

1.3.1. Assessment of impacts on land, structures and assets attached to land and structure

1.3.2. Assessment of livelihood losses

1.3.3. Assessment of sociocultural impacts

PHASE 4

SOCIAL IMPACT MANAGEMENT PLAN (SIMP)

1.4.1. Mitigating measures for impact

1.4.2. Mitigating measures on direct and indirect livelihood losses

1.4.3. Mitigating measures for sociocultural impact

1.4.4. Analysis of alternative sites

1.4.5. Certificate of bare minimum land

1.4.6. Measures for enhancing the standard of living

1.4.7. Five year development plan for Schedule V and Schedule VI areas (if applicable)

1.4.8. Estimated budget

1.4.9. A. Land cost, B. Rehabilitation and resettlement cost, C. Institutional cost, D. Utility cost, E. Taxes (varies from state to state), F. Price escalation, G. Contingency cost, H. Sum of all the above

1.4.10. Approach/methodology for disclosure (transparency and accountability as per act) 1.4.11. Cost-benefit analysis

1.4.12.Any other issue

PHASE 5

CONSENT AND PUBLIC HEARING

Consent of gram sabha (as per Schedule V and Schedule VI listing)

Incorporating suggestions of public hearing in SIMP

ACQUISITION OF LAND FOR PUBLIC PURPOSES IN AN EMERGENCY

Public Purpose Meaning

• Public purpose benefits society at large or even a section of it.
• It includes anything that confers public benefit or advantage.
• Individual hardship cannot override the need for public purpose.

&

Public purpose means the community's interest prevails over individual interest.

As per definition given under RFCTLARR Act, 2013 (Section 2(1)), Public purpose includes acquisition for:

Infrastructure Projects

Education & Research

Agriculture & Allied Sectors

Industrial & Mining Zones

Water & Sanitation

National Security

Health, Sports, Tourism, Space Programs

Resettlement: For project-affected families

1. Housing:: For specified income groups

Village/urban planning, weaker section housing

Section 40 of the RFCTLARR Act, 2013 (Special Powers in Case of Urgency):

1. Urgent Acquisition (Sub-section 1):
• Government can direct urgent land acquisition without award.
• After 30 days of publishing notice under Section 21, the Collector can take possession.
• Land will then fully vest with the Government, free of encumbrances.

1. Scope of Use (Sub-section 2):
• Urgency powers apply only in cases of:
• National defence or security,
• Natural calamities,
• Other emergencies (with Parliament's approval).
• Collector must give at least 48 hours’ notice before taking possession of any building.

1. Compensation Before Possession (Sub-section 3):
• Collector must pay 80% of estimated compensation before taking possession.
2. Exemption from Other Provisions (Sub-section 4):
• Government may bypass provisions of Chapters II to VI in urgent cases.
• Declaration under Section 19 can be made after preliminary notification under Section 11(1).

1. Additional Compensation (Sub-section 5):
• 75% extra compensation is payable for urgent acquisitions.
• No extra compensation if land is acquired for:
• Sovereignty and integrity of India,
• National security,
• Strategic interests or foreign relations.

REQUIREMENT OF CONSENT OF LANDHOLDER

No consent is required from landholders when the government acquires land for its direct use, such as for public infrastructure, government offices, or other state-run projects. This exemption ensures that essential government functions and development activities are not delayed due to procedural consent requirements.

80% consent needed if land acquired for private companies.

70% consent needed for public-private partnerships

THANK YOU