Land Laws Project Niket

LAND ACQUISITION, REHABILITATION, AND RESETTLEMENT AND ITS SOCIAL IMPACT
ASSESSMENT UNDER RFCTLARR ACT, 2013
LAND ACQUISITION, REHABILITATION, AND RESETTLEMENT

AND ITS SOCIAL IMPACT ASSESSMENT UNDER RFCTLARR
ACT, 2013
SUBMITTED TO:- SUBMITTED BY :-
MR. MOHD. AMIR KHAN NIKET SHUKLA
(FACULTY LAND LAWS) SEMESTER VIII
SECTION- C
ROLL NO. 106
LAND LAWS PROJECT

DATE OF SUBMISSION:-18/03/2019
HIDAYATULLAH NATIONAL LAW UNIVERSITY

UPARWARA, NAYA RAIPUR, CHHATTISGARH
1
Declaration
I hereby declare that the project work entitled “Land Acquisition, Rehabilitation, and
Resettlement and its Social Impact Assessment Under RFCTLARR Act, 2013” submitted to
HNLU, Raipur, is a record of an original work done by me under the guidance of Mr. Mohd.
Amir Khan, Faculty Member, Land Laws, HNLU, Raipur.
Niket Shukla
Semester- VIII
Section - C
Roll no. 106
Acknowledgements
I would like to sincerely thank the Faculty of Land Laws. Mr. Mohd. Amir Khan Sir for giving
me this project on the topic, “Land Acquisition, Rehabilitation, and Resettlement and its
Social Impact Assessment Under RFCTLARR Act, 2013”. This has widened my knowledge on
the relevant topic. His guidance and support has been instrumental in the completion of this
project. Thank you sir indeed.
I’d also like to thank all the honorable judges, authors, writers, social workers and lawyers, for
their outstanding and remarkable works, views, ideas, judgments and articles that I have used for
the completion of my project.
My heartfelt gratitude also goes out to the staff and administration of HNLU for the
infrastructure in the form of our library and IT lab that was a source of great help in the
completion of this project. I also thank my friends for their precious inputs which have been very
helpful in the completion of this project.
2
Table of Contents
PART - A
Declaration……………………………….………………………….2
Acknowledgements………………..…………………………….….2
PART - B
Introduction…………………….……………………………………4
Objectives……………………………………………………………5
Research Methodology………….……..……………………………5
Chapter 1……………………………………………………………6
Chapter 2……………………………………………………………10
Chapter 3……………………………………………………………14
Conclusion and Suggestions…………………………………..…...18
Bibliography……………………………………………………….19
3
Introduction
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (RFCTLARR) Act, 2013 has brought about a paradigm shift in land acquisition
process in India. Acquisition of land in a developing economy like India is essential for
infrastructure development, urbanization and industrialization which have a multiplier effect on
economic development. Development projects though important in the long run, create significant
changes in the daily lives of local population. Land acquisition for such projects displaces many
and causes loss of livelihoods in the short run, which also creates resistance. The imperfect nature
of land market also creates additional bottlenecks for efficient land transfer.
The RFCTLARR Act 2013 proposes for Social Impact Assessment (SIA) study to map and
estimate costs and benefits to the people affected through the acquisition. While discussing the
specific issues in land acquisition and identifying challenges in carrying out SIA study, the
present study proposes conducting SIA in a comprehensive and participatory way to assess the
impact, make people aware and minimize resistance. The article argues for integration of
Rehabilitation and Resettlement plan with National Skill Development Mission to capacitate the
affected people for new sets of livelihood options.
4
Research Methodology
Objectives
1. To know in detail the need for SIA in lights of Land Market challenges.
2. To study in brief the framework of SIA.
3. To know about SIA performance and challenges under the Act.
Methodology
This Research Project has employed doctrinal method of research. Accumulation of the
information on the topic includes wide use of primary sources such as cases as well as secondary
sources like books, e-articles etc. The matter from these sources have been compiled and
analysed to understand the concept.
Websites, dictionaries and articles have also been referred.
Mode of Citation
This project follows a uniform Bluebook 19th Ed. Citation format for footnotes and bibliography.
5
CHAPTER 1:- LAND MARKET IN INDIA AND ITS CHALLENGES: WHY SOCIAL
IMPACT ASSESSMENT
In Waman Rao v. Union of India1 a constitutional bench had observed “that India being a
predominantly agricultural society, there is a “strong linkage between the land and the personal
status in the social system.” The tip of land on which they till and live, assumes them equal
justice and dignity of their person by providing to them a near decent means of livelihood.”
In 21st century land has emerged as a critical resource with respect to managing economic
development, rapid urban expansion and industrialization; ensure food security as well as
addressing the issue of sustainable development and climate change. Apart from economic
considerations, people attach significant social and cultural values to it. Further, accessibility to
land is not only economically important to the people; it also leads to a host of other benefits.
The post-liberalization era has ushered new challenges to states with respect to infrastructure
development as well as attracting investments for industrialization. Be it industrial development
or infrastructural development, land, in all cases appears to be a critical issue.
For a developing states, the problem has multiple impacts on implementation of development
projects and attracting industrial investment. The unique characteristics of land, which is
physically limited, immovable and cannot be produced and reproduced, has made pricing of land
a critical exercise, especially in an imperfect land market like India. On the other hand, any
development project brings with itself promise of prosperity, employment opportunities and
better connectivity which have multiplier effects on economic development of the region. But
alongside these positives, the displacement of vulnerable groups, loss of livelihoods for a certain
section of society and disruption in daily socio-cultural activities also take place. Most of these
negative consequences emerge from land being acquired from local population to set up plants,
construct roads and bridges etc.
Why Social Impact Assessment (SIA):- Post The Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, there has been a
change in paradigm of land acquisition especially in the context of compensation, rehabilitation
1
AIR 1981 SC 271
6
and resettlement issues. Social Impact Assessment of projects has become critically important and
determining factor for land acquisition. The RFCTLARR Act has created avenues to minimize
conflicts related to land acquisition through the provision of Social Impact Assessment (SIA) study
of each project before acquisition for public purpose 2. The SIA study can question the justification
provided for public purpose, suggest alternative mechanism and can even recommend dropping the
whole acquisition process. Given the importance of SIA study for land acquisition, the present study
attempts to explore the conceptual background, issues and challenges involved in conducting such a
study in India in adherence to the RFCTLARR Act, 2013.
Land Market Challenges
Land markets are mechanisms that, provided there are appropriate institutional checks and balances,
allocate ownership and use rights in a manner that allows land and its associated assets to be used in
the most economical way3. Given secure land rights, land markets can increase the incentive for
people to invest and for financial institutions to lend, since land can be used as collateral as well as
being the basis for production. An efficient and effective land market can improve the performance
of a nation's economy and increase prosperity. Unlike other factors of production, labour and capital;
land has several distinguishable features. It is also argued that the demand for land is function of
economic growth and industrialization and urbanization in India cannot became broad based unless
they are equipped with satisfactory solution for allocating land use that maximizes aggregate welfare.
The market of land is argued to suffer from the problems of market failure which makes it difficult or
impossible to price the land. Economic theory suggests that a well-functioning land market is critical
to achieve an efficient allocation of resources and support financial systems. 4 They are expected to
be of particular importance in situations where:
(i) differences in endowments of different agents are large, for example, high levels of landlessness
coexist with large land concentration so that where land rental can help to redistribute land towards
poorer sections of the population; (ii) the broader economy is undergoing rapid structural change and
renting out land can allow landowners to participate in the non-farm economy without closing
2
Bhattacharjee, S., Sinha, R., & Dutta, K. (2014). Fair Pricing of Land and its Compensation in an Emerging
Economy: Case for India. New Delhi: Thought Arbitrage Research Institute.
3
V.G. Ramachandra’s, ‘The Law of land Acquisition & Compensation’, (Justice G.C. Mathur rev’d,
4
Burdge, R. J. (2012). Benefiting from the Practice of Social Impact Assessment. Impact Assessment and Project
Appraisal, 21 (3), 225-229
7
off the possibility of returning to rural areas; and (iii) credit market imperfections and other
restrictions rooted in custom or policy impose limits on economic agents' ability to adjust
through land sales markets.
The land market can be divided in to two broad parts, namely (i) Land lease market, (ii) Land
sales market.
Land Lease market
An effective land lease market is essential for economic activities. However, in India the
participation in land lease market is found to be declining since 1970. In Bihar, households that
reported leasing in land have declined from 40% to less than 10%. Stringent laws related to
leasing of land and transfer of ownership is argued to be the reason behind this fall (The World
Bank, 2007). In some under developed states, most of the cases of land leases are oral lease and
the land owner keep rotating the cultivator every year which make the sharecropper establish
their right over land and make them vulnerable to accessing institutional of formal credit.5
Land Sales Market
Unlike land lease market, where the land is mainly used for agricultural purposes, efficient land
sales market is required to boost off-farm activities including infrastructure and industrial
development.6
Constraints associated with effective land sales market
Lack of proper ownership record: The record of the rights is prepared through proper survey and
'bujharat operation' which do field survey by visiting plots and do systematic verification of relevant
facts connected with the preparation of records of rights and possession. The existing record of
rights, In Bihar, are old as those were prepared during the district-wise Cadastral Survey, which was
conducted during 1885 to 1922. Though, the state government took up revisional survey in 1960s,
but it could not be completed for the whole state. In this regard, Special Survey and Settlement Act,
2011 was passed to conduct a quick survey with modern technology support.
5
Om Prakash Aggarwala, ‘Commentary on the Land Acquisition Act’,(M.L. Sarin, LL.M. rev’d (U.S.),
8th edi., 2008), p 3.
6
‘Law Commission of India’, 10th Report on the Law of Acquisition and Requisition of Land, (1958).
8
However, the progress of special survey also is not satisfactory. Due to all these gaps, the
existing land records are not updated and have become obsolete.7
High Registration Charges: The cost of registration is higher in Some states compared to other
states. Against the Government of India's stipulation of maximum 5 per cent of the stamp duty,
registration office charges 6 per cent of stamp duty. Additional 2 per cent is charged in urban
areas as ULB's fees.
Inflated Valuation: Due to fallacy in methodology of preparing Minimum Value Register (MVR)
the land price get inflated every year.
The improper valuations of land and gap in information have made the land market especially in
Bihar an imperfect one. These make the price of land high, for which it loses competitive
characteristics.
This imperfect nature of land market has made it essential for Government intervention in the
transaction to ensure right compensation and social justice. The Land Acquisition Act, 1894, has
been replaced by the RFCTLARR Act, 2013. It is a response to protest by landowners over
acquisition of land in different parts of the country.8 One of the most important features of the
present Act is consideration of unrecorded interests of the persons whose livelihoods are affected
in the acquired area, their interests shall be taken care of along with the recorded land holders.
However, to map the loss of affected persons, irrespective of status of recorded rights, SIA has
become mandatory for almost all cases of land acquisition under the aegis of RFCTLARR Act,
2013.
7
Cheshire, P., & Vermeulen, W. Land Markets and their Regulation: The Welfare Economics of Planning. London
School of Economics.
8
Mathur, H. M. (2011). Social Impact Assessment : A Tool for Planning Better Resettlement. Social Change, 41 (1),
97-120.
9
CHAPTER 2. FRAMEWORK OF SIA UNDER RFCTLARR ACT, 2013
SOCIAL IMPACT ASSESSMENT FOR LAND ACQUISITION: THE LEGAL FRAMEWORK
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (RFCTLARR) Act, 2013 came into force since 1 January, 2014 to ensure, in
consultation with institutions of local self-government and Gram Sabhas 9established under the
Constitution, a humane, participative, informed and transparent process for land acquisition for
industrialization, development of essential infrastructural facilities and urbanization with the
least disturbance to the owners of the land and other affected families and 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 and make adequate provisions for such affected persons for
their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory
acquisition should be that affected persons become partners in development leading to an
improvement in their post-acquisition social and economic status and for matters connected
therewith or incidental thereto.10
As per the Section 4 of the said Act, it has become mandatory to conduct SIA before acquisition of
land. As per the Act, the Social Impact Assessment study shall include all the following, namely
 Assessment as to whether the proposed acquisition serves public purpose


 Estimation of affected families and the number of families among them likely to be displaced

 Extent of lands, public and private, houses, settlements and other common properties likely
to be affected by the proposed acquisition

 Whether the extent of land proposed for acquisition is the absolute bare minimum extent
needed for the project

 Whether land acquisition at an alternate place has been considered and found not feasible
9
P.K. Sarkar, ‘Law of Acquisition of Land in India’,(Easter Law House, Kolkata, 2002), p 5
10
Robert, M., Dale, P., & McLaren, R. (2007). Land Markets - Why are They Required and How Will They
Develop? FIG WW2007. Hong Kong: International Federation of Surveyors.
10
 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 benefits of the project11
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.
The SIA should take into consideration the impact that the project is likely to have on various
components such as livelihood of affected families, public and community properties, assets and
infrastructure particularly roads, public transport drainage, sanitation, sources of drinking water,
sources of water for cattle, community ponds, grazing land, plantations, public utilities such as
post offices, fair price shops, food storage godowns, electricity supply, health care facilities,
schools and educational or training facilities, anganwadis, children parks, places of worship, land
for traditional tribal institutions and burial and cremation grounds. The said Act also proposes a
Social Impact Management Plan, listing the ameliorative measures required to be undertaken for
addressing the impact for a specific component referred above.12
The Government shall take adequate measures to conduct 'public hearing' before SIA to include
opinion of all stakeholders and shall ensure wide dissemination and publication of SIA report
especially in the affected area. The process is definitely a time consuming affair and there are counter
arguments regarding the dropping of provision of SIA in the recent ordinance to save time and
expedite the project implementation. Alternatively it is also argued that the SIA process involves
local community in information sharing and decision making which includes affected parties in
deciding on the indicators and measures of social effects, evaluating their relative importance and
monitoring the effects during implementation.13 However, lack of these exercises may lead to
acrimonious confrontation between developers and indigenous populations. Keeping in mind the
importance of land for economic development through infrastructure enhancement, urbanization or
industrialization, the legal provision of SIA for land acquisition in the said Act is to minimize
resistance through more participative approach. The SIA is also a novel effort to
11
Social Impact Assessment and Consent Rules: a Major Step Toward Improving the Process of Land Acquisition ;
Rahul Bajaj available at : https://blog.ipleaders.in/social-impact-assessment-and-consent-rules-a-major-step-toward-
improving-the-process-of-land-acquisition/
12
Samanta, D. (2015). Land for Industrial Development: A Critical Assessment in the context of Bihar. Fifth
Development Meet: What Works for Development. Patna: Central University of Bihar.
13
Kasturi Kannan, ‘Land Acquisition from Colonial Times to the Present’, (accessed on 20.02. 2018,
4:20 PM), http://www.ghadar.in /vol2 issue 1 pdf/v211 cover story pdf
11
minimize the crisis of development-induced displacement through involvement of local people in

decision making and has provision for preparation of rehabilitation and resettlement plan.
SOCIAL IMPACT ASSESSMENT: THE CONCEPTUAL FRAMEWORK
Social Impact Assessment (SIA) is analyzing, monitoring and managing the social consequences
of development. The goal of impact assessment is to bring about a more ecologically, socio-
culturally and economically sustainable and equitable environment. Impact assessment,
therefore, promotes community development and empowerment, builds capacity and develops
social capital. Moreover, SIA not just identifies and analyzes negative and harmful outcomes, but
also focuses on maximizing the positive outcomes.14
The purview of social impact extends beyond livelihood and financial security. It encompasses
people's way of life - the way they live, work, play and interact with community; their cultural
and religious beliefs; their interaction with political systems; their health and wellbeing; their
interactions with environment; their personal and property rights; their fears and aspirations.15
Projects that cause involuntary resettlement, impact the daily lives of local communities as in the
case of large scale dams and power projects as well as road and bridge projects. Most adversely
impacted groups are the vulnerable sections like landless labourers, daily wage earners, socially
backward communities like Mahadalits, elderly persons and the ultra-poor.16
Core Values of Social Impact Assessment
The SIA Community proposes some Core Values of SIA through International Principles for
Social Impact Assessment (Vanclay, 2003), which are as follows:
• There are fundamental human rights that are shared equally across cultures, and by males
and females alike
14
Dr. N Maheshwara Swamy’s ‘Land Law’,(Asia Law House, Hyderabad, 1st ed., 2009), p 5
15
Rules of new land acquisition Act provide a process of social impact assessment that is miles ahead of all earlier
processes; Shripad Dharmadhikary; available at https://counterview.org/2014/09/24/rules-of-new-land-acquisition-
act-provide-a-process-of-social-impact-assessment-that-is-miles-ahead-of-all-earlier-processes/
16
Sathe, D. (2015). Land Acquisition Act and the Ordinance: Some Issues. Economic and Political Weekly, 50
(26&27), 90-95.
12
• There is a right to have those fundamental human rights protected by the rule of law, with
justice applied equally and fairly to all, and available to all
• People have a right to live and work in an environment which is conducive to good health
and to a good quality of life and which enables the development of human and social
potential
• Social dimensions of the environment - specifically but not exclusively peace, the quality
of social relationships, freedom from fear, and belongingness - are important aspects of
people's health and quality of life
• People have a right to be involved in the decision making about the planned interventions
that will affect their lives
• Local knowledge and experience are valuable and can be used to enhance planned
interventions
SIA seeks to assess, in advance, the social repercussions that are likely to follow from projects
undertaken to promote development, such as dams, mines, industries, highways, ports, airports,
urban development and power projects17. Identifying potential impacts is an important part of
the planning process. SIA is a key component to successful policy development and project
implementation. SIA process uses local knowledge in the decision process hence is more robust
and reliable. The Public Involvement (PI) component of SIA makes it possible to enrich the
knowledge based on local realities, which in turn helps in decision making.18
17
5 Sharad Sheetal, Jain Shubham & Inmadar Rohit, “Impact Analysis: New Land Acquisition Bill”, available at
http://www.icra.in/Files/ticker/new%20land%20acquisition%20bill.pdf accessed on 21 st July 2016
18
Singh, C. (2014). Improving Land Governance and Securing Land Rights. Journal of Land and Rural Studies, 2 (1),
71-74.
13
CHAPTER 3 – SIA IN THE ERA OF RFCTLARR ACT 2013: PROCESS,

CHALLENGES AND WAY FORWARD
Land acquisition and Environmental issues are one of the largest sources of delay in most
infrastructure projects in India. A number of Airport, SEZ, IT Park, Chemical plant and other
projects are stalled in the country due to issues in land acquisition. In most such cases, the local
community and land owners lead the protest due to unfair compensation and large scale
displacement without any alternative for rehabilitation and resettlement. The RFCTLARR Act
2013 has mandated that an SIA be carried out whenever either a new project or expansion of an
existing project is undertaken. The Act clearly states that the SIA should be done by not just
consulting Gram Sabha or representatives from the affected area but by reaching a consensus or
getting the consent by majority of Gram Sabha members. For Public Private Partnership (PPP)
projects, the level of consent of land owners required is 70% while it is 80% in the case of
Private projects. At least 50% of the total members of Gram Sabha and one third of the total
women members of Gram Sabha must be present in consent meetings.19
The various aspects that can be studied in an SIA study for projects involving land acquisition,
comprise, but not limited to:
• Attitude of local community towards the proposed project
• Unavoidable adverse effects like disruption in living and movement patterns, alteration in
family structures, disruption of social networks, changes in public safety & health and
changes in leisure activities
• Impact on Land, Livelihood and Income
• Anticipated changes in living costs, occupational choices and wage / income patterns
• Impact on physical resources - natural resources and common property resources
19
The World Bank. (2007). India: Land Policies for Growth and Poverty Reduction. New Delhi: Oxford University
Press.
14
• Impact on private assets, public services and utilities - health, education, housing,
electricity, water supply, roads, sanitation, waste management
• Impact on health-migration, vulnerable sections
• Effects on known cultural, historical, sacred and archaeological resources
• Impact on culture and social cohesion20
In order to examine the above aspects, in-depth research needs to be done on the following
variables in the affected area:
• Demographic profile - age, sex, caste, religion, literacy, health and nutritional status
• Poverty levels - Income, Expenditure, MPI
• Identification of vulnerable groups - Elderly, Women headed households, Differently
abled persons
• Kinship pattern and women's role in family
• Social and cultural organisation
• Administrative organisation
• Political organisation
• Civil society organisations and movements
• Land-use and livelihood
• Local economic activities
• Factors that contribute to local livelihood
• Quality of Living Environment: Perceptions, Safety Issues
20
K.C. Jain, ‘Land Acquisition Act Revisited’, 9 (SCC 1998, vol.7).
15
Also, the following information needs to be collected in order to estimate the magnitude of the
impact by land acquisition:
• Current nature / classification of land units
• Size of holdings, ownership patterns, land distribution, number of residential houses, and
public and private infrastructure and assets
• Number of families and persons directly or indirectly affected by land acquisition through:
o Loss of Residential facility
o Loss of Livelihood o Loss of Agricultural opportunity21
There are a number of challenges in conducting an SIA study. One of them is the involvement of
multiple stakeholders, sometimes having conflicting interests. As land is a limited and mostly
inherited resource, people attach a lot of economic and emotional significance to it. In the
situation of their land being acquired, many people fail to see the future benefits of the industrial
projects and oppose the land acquisition process. Many a times, there is also an uncertainty about
receiving proper compensation for the land being acquired, which leads to confusion and
protests. Unavailability of updated land records is another major hurdle in conducting an SIA
study. Most of the written records are decades old and have become obsolete in present times.
Deciding title holder for the land in these cases appears to be a major hurdle and invites disputes.
Another hurdle is to cater to the sharecroppers’ dependent upon the land to be acquired. They are
mostly oral share croppers which makes it difficult to identify them properly and establish their
rights for compensation.22
The landless agricultural laborers working on the land or as petty businessmen, artisans etc. are
another set of people whose livelihood would be at stake due to the acquisition. These people need to
be identified carefully to protect their rights. As the new Act has created provision for compensation
for all the people affected directly or indirectly, identification of these sets of people under SIA study
and estimates of their loss from the acquisition as well as expected gain from the
21
Vanclay, F. (2003). International Principles For Social Impact Assessment. Impact Assessment and Project
Appraisal , 21 (1), 5-12.
22
Basu Indrani, “What exactly is the contention about the land acquisition amendment?” , 24 Feb 2015 (Tuesday, The
Huffington Post).
16
acquisition are two of the most challenging areas. In such a scenario, multiple focus group
discussion with all the affected people, ensuring their participation and accounting for their
concern along with a census survey approach to map vulnerability, loss and gain from the project
are suggested in order to document the concerns of the people, accommodate them in decision
making process, as well as identify legitimate claimants dependent on the land to be acquired.
This process requires extensive awareness of the people through sharing information, which
might reduce resistance in the acquisition process.
Rehabilitation and Resettlement Plan
A major component of any SIA study is the development of a Rehabilitation and Resettlement
(R&R) Plan. In case of resettlement of affected families in alternative villages, basic public
amenities must be developed in those areas. These may include roads, drainage, sources of safe
drinking water, drinking water for cattle, land for grazing, fair price shops, Panchayat buildings,
post office, burial or cremation ground, Anganwadi, community centres, primary health centres,
primary schools, playground etc. The R&R package specified in the Act offers choice of
employment and monetary compensation. But generating large scale employment for displaced
families can prove to be a great challenge.23
Most of the industrial projects like Software parks etc. generate high skilled jobs which vulnerable
sections of the society cannot fit into. At the maximum, they can get absorbed into jobs like
housekeeping, security and other support functions in limited numbers in the industrial parks . 24As
far as generating alternative livelihoods are concerned, the rehabilitation plan can attempt to get the
affected families connected to the National Skill Development Mission, a Govt. of India initiative
that plans to get millions of Indian youth skilled over the next few years. This would help solve the
problem of unemployment and loss of livelihoods among the resettled families. Some new initiatives
like setting up small scale industries and starting farm based agricultural activities in the resettlement
area can be started to generate meaningful employment for displaced families.
23
Dr Chetan Upadhyay “Research Paper on Land Acquisition in India” Vol 5 No 6,2015 South Asia Journal of
Multidisciplinary Studies available at www.gjms.co.in/index.php/SAJMS/article/view/1098 last accessed on 21st
February ,2018.
24
Saxena K.B. (2011); “Rehabilitation and resettlement of displaced persons”. Chapter 3 in Development
Induced Displacement, Rehabilitation and Resettlement in India
17
Conclusion
Land, unlike some other natural resources, is ever dwindling, and is extremely critical for economic
and infrastructure development especially in developing economies. The imperfect nature of the land
market has made the situation more complex in the context of transaction of land. Though
development projects bring prosperity, they also bring negative changes in the pattern of livelihoods
and socio-cultural activities of the local community and the weaker sections get affected the most.
Development-induced displacement also looms large as a crisis in the 21st century. All these may
create resistance in acquisition and stall project implementation. The Social Impact Assessment as
proposed in the RFCTLARR Act, 2013 is an attempt to address these bottlenecks in a participative
way. Conducting SIA of land acquisition is a challenge as it involves multiple stakeholders with
sometimes conflicting interests. However, conducting SIA in a comprehensive way by taking into
account all affected individuals dependent on the land to be acquired can minimize the resistance and
make the situation a win-win one. For this, making people aware about the positive and negative
effects of land acquisition and involving them in decision making by following proper steps of SIA is
critical. For the rehabilitation and resettlement plan the study argues for integrating the plan with
National Skill Development Mission to capacitate the affected people for new sets of livelihood
options.
18
BIBLIOGRAPHY / WEBLIOGRAPHY
 BHATTACHARJEE, S., SINHA, R., & DUTTA, K. (2014). FAIR PRICING OF LAND AND ITS
COMPENSATION IN AN EMERGING ECONOMY: CASE FOR INDIA. NEW DELHI: THOUGHT

ARBITRAGE RESEARCH INSTITUTE.

 BURDGE, R. J. (2012). BENEFITING FROM THE PRACTICE OF SOCIAL IMPACT ASSESSMENT.
IMPACT ASSESSMENT AND PROJECT APPRAISAL, 21 (3), 225-229.

 CHESHIRE, P., & VERMEULEN, W. LAND MARKETS AND THEIR REGULATION: THE WELFARE
ECONOMICS OF PLANNING. LONDON SCHOOL OF ECONOMICS.

 MATHUR, H. M. (2011). SOCIAL IMPACT ASSESSMENT : A TOOL FOR PLANNING BETTER
RESETTLEMENT. SOCIAL CHANGE, 41 (1), 97-120.

 ROBERT, M., DALE, P., & MCLAREN, R. (2007). LAND MARKETS - WHY ARE THEY
REQUIRED AND HOW WILL THEY DEVELOP? FIG WW2007. HONG KONG: INTERNATIONAL
FEDERATION OF SURVEYORS.

 SAMANTA, D. (2015). LAND FOR INDUSTRIAL DEVELOPMENT: A CRITICAL ASSESSMENT

IN THE CONTEXT OF BIHAR. FIFTH DEVELOPMENT MEET: WHAT WORKS FOR

DEVELOPMENT. PATNA: CENTRAL UNIVERSITY OF BIHAR.

 SATHE, D. (2015). LAND ACQUISITION ACT AND THE ORDINANCE: SOME ISSUES. ECONOMIC
AND POLITICAL WEEKLY, 50 (26&27), 90-95.

 SINGH, C. (2014). IMPROVING LAND GOVERNANCE AND SECURING LAND RIGHTS. JOURNAL
OF LAND AND RURAL STUDIES, 2 (1), 71-74.

 THE WORLD BANK. (2007). INDIA: LAND POLICIES FOR GROWTH AND POVERTY

REDUCTION. NEW DELHI: OXFORD UNIVERSITY PRESS.

 VANCLAY, F. (2003). INTERNATIONAL PRINCIPLES FOR SOCIAL IMPACT ASSESSMENT.
IMPACT ASSESSMENT AND PROJECT APPRAISAL , 21 (1), 5-12.
19

Land Laws Project Niket

Uploaded by

Copyright:

Available Formats

Land Laws Project Niket

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Land Laws Project Niket

Uploaded by

Copyright:

Available Formats

LAND ACQUISITION, REHABILITATION, AND RESETTLEMENT AND ITS SOCIAL IMPACT

ASSESSMENT UNDER RFCTLARR ACT, 2013

LAND ACQUISITION, REHABILITATION, AND RESETTLEMENT

SUBMITTED TO:- SUBMITTED BY :-

MR. MOHD. AMIR KHAN NIKET SHUKLA

(FACULTY LAND LAWS) SEMESTER VIII

ROLL NO. 106

LAND LAWS PROJECT

HIDAYATULLAH NATIONAL LAW UNIVERSITY

Amir Khan, Faculty Member, Land Laws, HNLU, Raipur.

Roll no. 106

Websites, dictionaries and articles have also been referred.

Land Market Challenges

Land Lease market

Land Sales Market

Constraints associated with effective land sales market

CHAPTER 2. FRAMEWORK OF SIA UNDER RFCTLARR ACT, 2013

SOCIAL IMPACT ASSESSMENT FOR LAND ACQUISITION: THE LEGAL FRAMEWORK

 Assessment as to whether the proposed acquisition serves public purpose

addressing the impact for a specific component referred above.12

minimize the crisis of development-induced displacement through involvement of local people in

SOCIAL IMPACT ASSESSMENT: THE CONCEPTUAL FRAMEWORK

Core Values of Social Impact Assessment

CHAPTER 3 – SIA IN THE ERA OF RFCTLARR ACT 2013: PROCESS,

women members of Gram Sabha must be present in consent meetings.19

• Attitude of local community towards the proposed project

• Impact on Land, Livelihood and Income

• Impact on physical resources - natural resources and common property resources

• Impact on health-migration, vulnerable sections

• Effects on known cultural, historical, sacred and archaeological resources

• Impact on culture and social cohesion20

• Poverty levels - Income, Expenditure, MPI

• Identification of vulnerable groups - Elderly, Women headed households, Differently

• Kinship pattern and women's role in family

• Social and cultural organisation

• Civil society organisations and movements

• Land-use and livelihood

• Local economic activities

• Factors that contribute to local livelihood

• Quality of Living Environment: Perceptions, Safety Issues

• Current nature / classification of land units

rights for compensation.22

Rehabilitation and Resettlement Plan

COMPENSATION IN AN EMERGING ECONOMY: CASE FOR INDIA. NEW DELHI: THOUGHT

You might also like