Social impact mgmt plan mandatory under new Land Acquisition Act

12-04-14

State Government notifies the Rules under the Act, invites suggestions/objections till April 19
By Kartik Lokhande 

Now, any Government or private entity requiring land for a project will have to first prepare a ‘social impact assessment report’ and also a ‘social impact management plan’. This has been made mandatory under the new Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Maharashtra Government has notified the draft Rules under the Act recently and has invited suggestions/objections on the same till April 19. Interestingly, the draft Rules have been notified suggestions/objections have been invited during the period when Model Code of Conduct for Lok Sabha elections is in force.
It may be mentioned here that the new Act has sent ripples in various Government departments as well as private companies as it would require payment of compensation for land to be acquired, at market rates. This will effectively increase the cost of all the projects -- public or private. The draft Rules published by Revenue and Forest Department of Maharashtra Government shall apply to cases wherein notification for land acquisition has been issued before December 31, 2013 but the award has not been declared. The notifications in such cases, may be issued under Land Acquisition Act, MIDC Act, or MRTP Act.
In effect, the cost of projects for which the award for land acquisition has not been declared prior to December 31, 2013, will increase as the compensation will have to be paid after conducting all the procedures laid down in the draft Rules. Besides, the compensation will be as per the market rates.
As per the draft Rules published by Revenue and Forest Department of Maharashtra Government, ‘social impact assessment study’ and report based on that have been made mandatory. For the study, notification has to be published within 30 days of deposit of processing fees for carrying out such study by requiring body/firm. The study report has to be submitted to the State Government within six months from the date of commencement of the study, along with views of the affected families recorded in writing. The study report is mandated to comprise three parts -- project feasibility report, project impact report, and ‘social impact management plan’ for the project.
The study report also is required to have nine annexures -- list of likely-to-be-displaced families; lists of infrastructure, land holdings, businessmen, landless people, disadvantage groups like SC/ST/handicapped, landless agricultural labourers, prospective employable youth in affected area; and socio-economic and cultural profile of affected area and affected families. The agency conducting social impact assessment study has to cover ‘100 per cent’ of the affected families. In no case, forest land is to be considered as an alternative land for land to the project-affected persons.
As per the draft Rules, in case of land acquisition for private companies, Collector of the district concerned has to initiate the process for obtaining consent of affected persons. Besides, the Collector has to resolve outstanding issues related to land rights, land tilling, and land records in affected areas so that all the land-owners can be identified correctly before initiating consent procedures. The Rules make it necessary to ‘video-record’ all the individual consent-taking procedure. Following the procedure, no land-holder can withdraw his consent once given, said a source.
Collector himself or an authorised Government officer or an authorised agency will have to conduct a survey and undertake a census of affected families within a period of three months from the date of publication of preliminary notification. Based on that, a draft Rehabilitation and Resettlement Scheme has to be prepared by Collector. Post-implementation of the scheme, conduct of an audit of rehabilitation and resettlement also has been made mandatory under the draft Rules.

Independent authority for
land acquisition, rehab
Under the draft Rules, State Government has to establish a Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes relating to land acquisition in each revenue division in the State. It will have powers of Civil Court. Thus, there will be separate authority for Nagpur, Amravati, Pune, Konkan, Aurangabad, and Nashik divisions.

Land not utilised for 5 years
to be returned to farmers

It is proposed under the draft Rules that if land acquired under the new Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is not utilised for five years from the date of taking over the possession, it will be returned to the original owner.
The land may be returned to original owner or his/her legal heirs, or to the Land Bank of the Government by issuing a notice to the requiring body/firm for which the land was acquired.
This provision has been included following widespread demand for various rights groups. The groups cited several cases in which land was acquired at cheaper rates from the farmers for a project and that project did not come up for years together. Later, in some cases, the land for the project was sold by the acquiring agency for commercial purposes at much higher rates.

If disturbed, public
hearing will not be
conducted again

State Government has to conduct a public hearing through district administration once draft ‘social impact assessment study’ report is ready. All the public hearings will be video-recorded and transcripted. The members of NGOs and media also will be allowed to attend the public hearing. However, as has happened in various cases previously, if a public hearing is disturbed ‘by misbehaviour of miscreants present’, the public hearing shall be treated as deemed to be concluded. In any case, the public hearing will not be conducted again, state the draft Rules.

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