LARR 02.10.2020 Class Lecture.pptx

The Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act,
2013
RFCTLAR&R ACT, 2013
LAND ACQUISITION
Dr. Arvind Nath Tripathi
DSNLU
10/22/2023 1

 Land is a scarce natural resources
 Article 300 (A) of the Constitution says no person can be
deprived of his property save by authority of law. Land Acquisition
Act fulfils the constitutional obligation.
 LA Act 1894 was 125 year old.
 Absence of cohesive national law that address fair
compensation, rehabilitation and resettlement to the land owner
 Absence of provision to address the issues directly affected
from the loss of livelihood
 Absence of proper mechanism for arriving market value of land
 Absence of provision for weaker sections of the society (Sec. 41)
Introduction & Need for a new Act
10/22/2023 2

Salient features of RFCTLAR&R Act 2013
 First time provision of Social Impact Assessment Study for proposed
projects prior to Preliminary Notification.
 Recognize non owners as Affected Families like Share Croppers,
Tenants and Agricultural Labourers
 A mode of Acquisition requiring consent of displaced persons ( for
private companies 80% and for PPP projects 70%)
 Statutory rehabilitation and resettlement entitlements for the
project affected families
 Restricted the grounds on which land may be acquired under the
urgency clause
 Recognition of principle of Social cost minimisation
 Special Provision for food security U/S 10 of the Act.
 Return of land to Original Owners as per section 101 of the Act.
10/22/2023 3

The RFCTLARR Act-2013: Some
Reflections
• After a long and adventurous journey in which
series of deliberations were held at various levels,
and incorporating various concerns of diverse
stakeholders, the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation
and Resettlement (RFCTLARR) Act-2013 was
enacted by the Parliament. The Act has come into
effect from 1st January, 2014. There have been
mixed reactions to the Act as was expected from
such a path breaking legislation.
10/22/2023 4

Reflections
• Issues with LAA, 1894: The objections/protests against the old Act
centered on the following issues:
• 1. There was no provision for consultations with stakeholders
during the land acquisition process. The concerns of the land
owners were hence not taken on board.
• 2. Land could be acquired for any ‘public purpose’ and the term was
not defined comprehensively.
• 3. The urgency provision of the Act was used rampantly for any
purpose and the land owners had to vacate the land immediately as
per its provisions.
• 4. The persons who were dependent on the land being acquired but
did not own it were completely left out of the process of land
acquisition and did not get any benefit.
10/22/2023 5

Reflections
• 5. The land was acquired for one purpose and utilised for another. Further,
if the acquired land changed hands from one concern/owner to another at
a large consideration, the benefit was cornered by the entity that
transferred it, without sharing it with the land owners from whom the
land was acquired.
• 6. The land owners did not get a fair price for the lands which were
acquired. This was due to the lack of an objective formula in the Act. The
price determination was therefore left at the discretion of the Collector.
• 7. The lands were acquired and the project took off on the acquired land
but the owners did not get compensation for their land for years for one
reason or another. The cases related to land acquisition continued in civil
courts for years.
• 8. There was no provision of R & R in the Act. In the absence of the
legislation, this was the mostly neglected part (despite the NPRR, 2007).
10/22/2023 6

Reflections
• The aforesaid issues led to agitations in one form
or another against various land acquisition
proceedings across the country, also resulting in
police firing and causalities. The overall result was
long delays in implementation of projects, court
cases and in some cases shifting of projects from
one state to another. Singur in West Bengal,
POSCO in Odisha and Noida in Uttar Pradesh are
few examples of projects that gained national
attention.
10/22/2023 7

Features of the RFCTLARR Act-2013
• After a long drawn consultation process, the
RFCTLARR Act, 2013 was passed by the
Parliament in the year 2013 which endeavors to
address all the issues listed above. Its main
features are as follows:
• 1. The Act provides for a mandatory SIA study
along with Social Impact Management Plan
(SIMP). The SIMP, listing the ameliorative
measures to address the adverse impact of the
project has to be prepared, in all cases of land
acquisition.
10/22/2023 8

Reflections
• 2. To ensure transparency and participation, the Act
provides for mandatory consent of at least
eighty/seventy percent of the land owners in the cases
of land acquisition for private/PPP projects. In the
Scheduled Areas, consent of the Gram
Sabhas/Panchayats/Autonomous District Councils is
mandatory in all cases of land acquisition.
• 3. The term “Affected Family” has been defined
comprehensively to ensure compensation to those also
who may not lose land in the acquisition process but
who stand to lose their livelihood due to land
acquisition.
10/22/2023 9

Reflections
• 4. The Act provides for a clear scientific
formula prescribed for calculation of the
market value of the land being acquired. The
market value has to be multiplied by a factor
prescribed in First Schedule. Further, solatium
has been increased from 30 percent to 100
percent.
10/22/2023 10

Reflections
• 5. The comprehensive R&R benefits for the affected
families has been provided for in the Second Schedule of
the Act.
• 6.The Act provides for mandatory list of
amenities/facilities to be developed at the rehabilitation
site where the displaced families are to be settled
(provided for in the Third Schedule of the Act).
• 7. To curb the misuse of the urgency provision, the
conditions for its imposition has been limited to
acquisition of land for defence of India, national security
or for any emergency arising out of natural calamities
only.
10/22/2023 11

Reflections
• 8. To ensure time bound disposal of disputes
related to LARR, the Act mandates the
establishment of the Land Acquisition,
Rehabilitation & Resettlement (LARR) Authority.
• 9. To ensure time bound utilisation of the land,
the Act provides that if any land or part thereof
acquired (under the Act) remains unutilised for a
period of five years from the date of taking of the
possession, the same shall have to be returned to
the Land Bank/original land owners as specified
by the appropriate government.
10/22/2023 12

What is Social Impact Assessment ?
• SIA- Social Impact Assessment- is a field of
research and practice which involves a body of
knowledge, techniques, and values for analyzing,
monitoring and managing the intended and
unintended social consequences, both positive
and negative, of planned interventions (policies,
programs, plans, projects) and any social change
processes invoked by those interventions.SIA
alerts the planners and programme executors of
the likely benefits and costs of a proposed
project, which may be social, cultural, and/or
economic and such others.
10/22/2023 13

Relevance of Social Impact Assessment
• SIA, enshrined in Sec 4(1) to Sec. 9 forms an integral
part of land acquisition under this act.SIA study helps
make informed decision regarding the problems that
the displacement will cause. SIA helps enhance the
project benefits to poor and vulnerable people while
minimizing or mitigating concerns, risks and adverse
impacts through a participatory, informed and
transparent process involving all stakeholders. The SIA
study can even question the justification provided for
public purpose, suggest alternative mechanism and can
even recommend dropping the whole acquisition
process.
10/22/2023 14

• The comprehensive R&R benefits for the affected families has
been provided for in the Second Schedule of the Act.
• The Act provides for mandatory list of amenities/facilities to
be developed at the rehabilitation site where the displaced
families are to be settled (provided for in the Third Schedule
of the Act).
• To curb the misuse of the urgency provision, the conditions
for its imposition has been limited to acquisition of land for
defense of India, national security or for any emergency
arising out of natural calamities only.
• To ensure time bound disposal of disputes related to LARR,
the Act mandates the establishment of the Land Acquisition,
Rehabilitation & Resettlement (LARR) Authority.
10/22/2023 15

• Reflections on Common Apprehensions: The
aforesaid Act has been generally well received
in the country by a cross section of
stakeholders. However, there are also
apprehensions with regard to delay in
acquisition proceedings and cost appreciation
of the projects, with the latter being most
vigorously raised by the reality sector.
10/22/2023 16

• According to the Right to Fair Compensation
and Transparency in Land Acquisition,
Rehabilitation and Resettlement (RFCTLARR)
Act, 2013, it is mandatory to conduct a Social
Impact Assessment (SIA) and prepare a Social
Impact Management Plan (SMP) for
acquisition of land by government for its own
use, hold and control or by public-private
partnership or by private acquisition for public
purposes.
10/22/2023 17

• The overall objective of the Act is to make the land acquisition process
participatory, humane, informed and transparent. The Act also stipulates
that an SIA study for land acquisition shall demonstrate or justify the
following:
• a) That the land to be acquired serves a public purpose
• b) That the extent of the land to be acquired for public purpose is the
absolute bare minimum
• c) Whether land acquisition at the alternative place has been considered
and not found feasible
• d) Whether overall potential benefits outweigh the social impacts and
assessment costs
• e) Inventory of movable and immovable properties likely to be impacted
• f) Number of affected families and number of families likely to be
displaced
10/22/2023 18

• The role of the SIA is as an instrument that
helps assess and determine the implications
of land acquisition on the affected
community and people. SIA minimizes the
risks involved in displacement, rehabilitation,
compensation and resettlement. It also
guides the land acquiring agency to plan in an
informal manner, thus saving cost, and in
timely completion of the projects, therefore
reducing the risks involved in delays.
10/22/2023 19

• Advantages:
• The main advantages of doing a systematic SIA include the following:
• • Identifying Affected Groups: SIA helps in identifying people and groups
who are affected by the project;
• • Free and Fair information sharing : SIA should ensure exchange of free
and fair information.;
• • Avoiding Adverse Impacts: SIA provides the basis for preparing
mitigation measures to avoid, reduce or manage adverse impacts;
• • Enhancing Positive Impacts: SIA preparation also helps identify
measures to maximize/share project benefits;
• • Reducing Costs: Addressing social impacts at an early stage helps to
avoid costly errors in future.
10/22/2023 20

Important Provisions of the RFCTLAR&R Act 2013
Activities Provision under
Section
Timeline
Preparation of SIA Section 4 Within 6 months from Notification
Preliminary Notification Section 11 Within 1 year from submission of Expert
Group Report and Specific proposal by
Collector
Declaration of Notification Section 19 Within 1 Year from Notification
Notice to Persons interested Section 21 Within 6 months
Enquiry and Award Section 23
Power to take Possession Section 38 Within 6 months after the payment of
full compensation and R&R
entitlements
Special Provisions for SCs and STs Section 41
Reference to LARR Authority Section 64 With a period of 30 days from the date
of receipt of application by the Collector
Return of land to Land
Bank/Original Owners
Section 101 If the land is unutilized for a period of 5
year s from the date of taking over
possession
10/22/2023 21

Difference between Old and New Act
OLD ACT NEW ACT
No detailed procedure for
calculation of compensation. Only
market value taken into account.
First Schedule contains the details
of calculation of compensation
No separate chapter on R&R A separate Chapter V on R&R. It
provides Rehabilitation and
Resettlement entitlements to the
displaced and affected persons
No separate provision for SCs and
STs
Section 41 says for Special
provision for SCs and STs
No such special Provision for
ensuring food security
Provision for ensuring food
security, U/S 10 of the Act.
10/22/2023 22

Difference between Old and New Act
OLD ACT NEW ACT
No concept of SIA Study Under Section 4 SIA study is
mandatory
Separate provision for private
companies (Chapter VII)
No such separate provision for
private companies. Concept of
Direct purchase under Section 46
and Sub section 3 of Section 2 of
the Act.
The procedure for acquisition
involves sending of notification by
the District Collector and invitation
of objection ( Section 4 & Section 5)
After a detail SIA study and
Expert Group Appraisal Collector
can send preliminary notification
under Section 11
10/22/2023 23

Step by Step Procedure followed for Land Acquisition
as per RFCTLAR&R Act , 2013
Requisitioning Authority submit Proposal for Land Acquisition
to Collector
Collector sends Proposal for SIA Study
the SIA Study and intimate to Collector
Government for Notification U/S 4 of the Act to conduct SIA
study
SIA study publication in the locality
10/22/2023 24

Cont….
Formation of Expert group by Collector and Conducting of
Gram Sabha
Collector to submit Specific proposal and Expert Group
Recommendation to Govt.
Notification by the Government U/S 8(2) and publication in
the locality
Preliminary Notification U/S 11(1) of the Act for Acquisition
Objection hearing U/S 15 of the Act
Declaration U/S 19(1), after verifying the Sanction Estimate,
Fund certificate, R&R Certificate and no objection certificate
Notice to Awardees U/S -21 and Payment of compensation
U/S 23 of the Act
Power to take possession U/S 38 of the Act
10/22/2023 25

Challenges
 Timely completion of SIA study.
 Conducting Gram Sabha and getting people consent.
 Calculation of Market Value of land.
 Identifying the Affected Families.
 Litigation due to inheritance.
 Multiple sales which have not been properly recorded.
 Tough Resettlement and Rehabilitation laws.
 More need of land for Make In India and Smart Cities.
 Land Record updation.
10/22/2023 26

Way Ahead
• Complete digitization and real time updation of land
records.
• Using of latest technology in revenue offices for land record
updation.
• Assurance of stable high speed internet connectivity for
real time land records updation.
• Rent Abatement and Revision of Records in a time bound
manner
• Effective R&R Mechanism
10/22/2023 27

 Understanding of Public Purpose and its frequent application
including for Land Acquisition for private projects
 Applicability of Emergency clause
 Consent of People
 Calculation of Fair compensation for the land and the fixed
over it
 Rehabilitation and Resettlement of displaced families
assets
 Addressing Livelihood issues and loss of
disjoint due to displacement
 Timely payment of compensation
 Amicably address of the family share issues
Social and Economic
 Acceptable Rehab Colony with all legal rights
 Stake Holders Management
 Creating a proper data base to address the grievances
Following are the core issues that could not be answered
under Land acquisition Act of 1894
10/22/2023 28

 The bill was introduced in Lok Sabha in India on 7 September 2011
 Out of the 235 members who voted on the bill, 216 backed it while 19
voted against it
 Lok Sabha on 29th August 2013 passed the Bill to replace the Land
Acquisition Act 1894 as “The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Bill 2012” (Here we say “ RFCTLARR Act”)
 on 4 September 2013 the billwas passed in Rajya Sabha
 It has got presidential Accent on 26th September
 MoRD is on job to frame the rules there under. Draft Rule are placed
in website for views of Public and comment
 The New Act of 2013 (RFCTLARR Act) is made effective from
01.01.2014
 All state are asked to frame rules there under following the
provisions of Sec 109 of theAct
Status of RFCTLARR Act. 2013
10/22/2023 29

AND MANNER OF REHABILITATION AND
 The Act has 13 no of Chapters and 114 no of Sections
 Chapter I- PRELIMINARY – SHORT TITLE , EXTENT AND COMMENCEMENT
.
 Chapter II- DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE
 Chapter III- SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
 Chapter IV- PRELIMINARY NOTIFICATION AND ACQUISITION
 Chapter V- REHABILITATION AND RESETTLEMENT AWARD
 Chapter VI- PROCEDURE
RESETTLEMENT
 Chapter VII- NATIONAL MONITORING COMMITTEE FOR
REHABILITATION AND RESETTLEMENT
 Chapter VIII - ESTABLISHMENT OF LAND ACQUISITION.
REHABILITATION AND RESETTLEMENT AUTHORITY
 Chapter IX-APPORTIONMENT OF COMPENSATION
 Chapter X-PAYMENT
 Chapter XI- TEMPORARY OCCUPATION OF LAND
 Chapter XII - OFFENCES AND PENALTIES
 Chapter XIII- MISCELLANEOUS
Contents of RFCTLARR, 2013 in brief
10/22/2023 30

IMPACT OF RFCTLARR ACT
• The New Act 2013 is a new legislation and repeals the LA
Act, 1894.
• SIA and R and R are now integral part of the land
acquisition.
• Transparency & Participatory approach at various stages
of the land acquisition,R & R processes.
• To ensure sustainable livelihood of theaffected families.
• Consent inbuilt to ensure participation of the affected
families.
• Option of the lease to be explored and surrender of land
possible, if not used.
• Dedicated Authority for disposalof disputes.
• No displacement before rehabilitation.
10/22/2023 31

IMPORTANT PROVISIONS IN THE NEWACT COMPARE
TO OLD ACT
Provisions Sec .in New Act Remarks
SIA and SIA related studies Sec. 4(1) to Sec. 9 This was not in the old Act.
Special Provision for Safeguard,
Food Security
Sec 10 This was not in the old Act
Publication of Preliminary
notification
Sec.11 to Sec.18 It is equivalent to Sec.4 and Sec.
5(a) of old Act expect
notification with SIAReport
Publication of declaration and
Summary of R&R Scheme
Sec.19 to Sec. 22 This was equivalent to Sec.6(1)
of old Act. except R&R scheme
which is a new concept
Land Acquisition Award Sec. 23 to Sec. 30 This is equivalent to Sec. 11of
Old Act.
R&R Award Sec. 31 to Sec. 37 As per R&R Policy not included
in Old Act
Power to take possession ofland Sec. 38 Equivalent to Sec. 16 of oldAct.
10/22/2023 32

Provisions Sec.in New
Act
Remarks
Additional compensation in caseof
multiple displacement
Sec. 39 It is a new provision
Emergency provisions Sec. 40 Equivalent to Sec. 17 of oldAct.
Special provision of SC&STs Sec. 41 to Sec.
42
No such provisions in old Act
Procedure and manner of R&R Sec 43 to
Sec 47
It is equivalent to the provision of
R&R policy of the state
government and centre. Was not
in the oldAct.
State & National Monitoring
Committee for R&R
Sec. 48 to
Sec 50
No such provisions in old Act
Establishment for Land Acquisition
and Rehabilitation of theauthority
Sec. 51 to
Sec 74
Similar provisions was their in
Sec. 18 and Sec. 30 in old Act but
not such elaborated as in the new
Act.
IMPORTANT PROVISIONS IN THE NEW ACT Contd………..
10/22/2023 33

Comparative Timeline as defined in both the Acts
One
year
One
Year
SIA Study (4.1)
Six Months
Appraisal by Expert Group
Two
Months
Preliminary Notification (11.1)
Publication of Declaration
(19.1)
Taken over possession of
land
Two
Years
Preliminary Notification (4 .1)
SIA Study
Publication Declaration
(6.1)
Award by Collector (11.1)
Awarded of Collector for land
compensation
Awarded of Collector for
R&R
compensation
Two
Months
10
Months
1 year
Months
1 years
Months
Taken over possession of land (16)
As per RFCTLARR Act 2013 As per LA Act,1894
10/22/2023 34

Retrospective Effect (Section 24)
• Where award under Section 11 of the Land Acquisition Act,
1894 has not been declared the LA compensation will jump
to new act.
• Where award under Section 11 of the LA Act, 1894 has been
made 5 years or more before the commencement of this Act
but the physical possession of the land not taken or
compensation not paid –jump to new act.
• If award has been made but compensation in
majority of land holding is not been deposited
case of
in the
account of beneficiaries then all notified land losers will be
entitled to new compensation calculation.
• If any land Purchased on or after 5th Sept 2011 contrary to
the provisions of sec46(1) or within three years from the
date of commencement of the act i.e 1.1.2014, then 40% of
the compensation paid for such land acquired shall be
shared with the original land owners.
10/22/2023 35

Retrospective Effect (Section 24)
• To make it simplify ; this retrospective clause can be understood
through the following three points:
• 1) That where award under Section 11 of the Land Acquisition Act,
1894 has not been declared the case will be followed with new
Act i.e. the compensation will be calculated as per new Act (2013
Act).
• 2) Where award under Section 11 of the LA Act, 1894 has been
made 5 years or more before the commencement of this 2013 Act
but the physical possession of the land was not taken or
compensation was not paid, the proposal will be dealt as per new
Act.
• 3) If award has been made but compensation in case of majority
of land holding is not been deposited in the account of
beneficiaries then all notified land losers will be entitled to new
compensation calculation.
10/22/2023 36

Public Purpose
Section Provision in RFCTLARR Act. Provision in the Old Act
Sec. 2(1)
Application of the
Act for public
purpose or govt.
use
•For strategic purpose relating to defence of India or State Police
or safety of the people
•For infrastructure projects defined u/s I to VI of the Act,
•Sec. III includes projects for industrial corridors , mining activities
, national investment and manufacturing zone.
This is classified for the
public purpose as will
be accepted by
collector.
Sec. 2
Provisions
for
declaring land to
be acquired for
Private
Companies
(2) The provisions of this Act relating to land acquisition, consent,
compensation. rehabilitation and resettlement, shall also apply, when the
appropriate Government acquires land for the following purposes,
namely:-
(a) for public private partnership projects, where the ownership of the
land continues to vest with the Government, for public purpose as
defined in sub-section (1); SEC. 2
(b) for private companies for public purpose, as defined in sub-
section (I):
Provided that in the case of acquisition for-
(i) private companies, the prior consent of at least eighty per cent. of
those affected families, as defined in sub-clauses (i) and (v) of clause
(c) of section 3; and
(ii) public private partnership projects, the prior consent of
at least seventy per cent. of those affected families, as defined in sub-
clauses
(i) and (v) of clause (c) of section 3,
shall be obtained through a process as may be
prescribed by the appropriate Government
Land for private
companies or PPP
projects were acquired by
Govt with notification of
Public purpose through
IDCO/Infrastructure
corporations of
respective state govt who
have the power to
acquire land for
Industry/industry related
infrastructure and
becomes automatically
Public Purpose
10/22/2023 37

Provision of Public Consent
(Section2)
• To ensure transparency and participation, consent
of at least eighty/seventy percent of the land
owners in the cases of land acquisition for
Private/Public Private Partnership Projects
• In Scheduled Areas consent of the Gram
Sabhas/Panchayats/autonomous district councils
mandatory in all cases of land acquisition
• Consent to be obtained along with the process of
SIA study
10/22/2023 38

Definition of Affected family
(Section3)
• A family whose land or other immovable
property has been acquired;
• A family which has lost its livelihood;
• A family of Tribes and other traditional forest
dwellers that have lost any of their traditional
rights recognized under the Scheduled Tribes
and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 due to
acquisition of land;
• A member of the family who has been assigned
land by the Govt.
• In Old act Affected family was limited to the land
losers
10/22/2023 39

• To assess the impact of the projects, SIA to be carried
out in all cases of land acquisition in consultation
with Panchayat or Municipal corporation with in six
months
• Social Impact Management Plan (SIMP) to list out
ameliorative measures to address adverse impact
• Summary of SIA Report to be issued along with
preliminary notification under Section 11
10/22/2023 40

A
SIA
Assessm
en
t as to
whethe
r the
propose
d
acquisitio
n
serves
the
public
purpos
e
Estimatio
n of
affected
families
and
families
likely to
be
displaced
Extent of
lands,
public and
private,
houses,
settlements
and other
CPRs likely
to be
affected
Whether
the extent
of land
proposed
is
absolutely
bare
minimum
requireme
nt.
Whether
other
alternativ
e sites
were
considere
d and
found
not
feasible
Study
of
social
costs
of
the
project
vis-
s-vis
the
benefits
of
the
project
Expert Group to Appraise the SIA
2 non-official social scientists,
2 representatives of Panchayat, Gram Sabha,
2 experts on rehabilitation,
1 technical expert in the subject relating to the project.
10/22/2023 41

Appraisal of SIA
• SIA Report to be evaluated by an independent multi-
disciplinary Expert Group:-
(i) Two non-official social scientists
(ii) Two representatives of local bodies
(iii)two experts on rehabilitation
(iv)A technical expert in the subject relating to project
• To make recommendations within two months
• SIA Report valid for12 months
10/22/2023 42

 Critical Assessment of Magnitude of Physical and Economic
Displacement. This may include the number of affected households to be
physically relocated as well as those rendered landless/with marginal
unviable land holdings (marginal with 1 hectare of land holding).
 Critical Evaluation of Social Impact Management Plan and whether the
ameliorative measures suggested will be adequate to effectively mitigate
the adverse impact on individual and community assets, infrastructure
and restoration of livelihood of affectedfamilies.
 Critical Assessment of Attitude of the community towards the project and
the reasons for opposition, if any - nature of the project/timing/other
specific characteristics etc - perceptions of the community about social
well-being, neighbourhood cohesion or cultural differences among
members of the community etc.
 Physical cost and benefits easy to arrive at the social costs but intangible
emotional costs would vary depending on the value
judgments/background of the evaluating team
SIA Criteria – Expert Committee
10/22/2023 43

• The objectives of the SIA structure are:
• What should the SIA report contain?
• What are the areas that need to be covered and discussed?
• How can the SIA report be made concise, focused and
comprehensive?
• The generic SIA structure will keep the assessment process
brief and focused, and avoid creating either a voluminous
or a data-deficient report. The proposed structure provides
the benchmark for data collection and limits the possibility
of inefficiency in SIA reporting.
10/22/2023 45

• EXECUTIVE SUMMARY
• PART 1: INTRODUCTION
• Details of the project
• Project description
• Expected cost of the project
• Project location
• Area intended for acquisition
10/22/2023 46

• LEGAL FRAMEWORK (RFCTLARRA, 2013)
• Definition and equivalence analysis as per
Central, state/lending agencies (if any)
• NEED FOR THE PROJECT AND SOCIOECONOMIC
BENEFITS FROM IT
• Need and benefits
• Local
• Regional
• National
10/22/2023 47

• SITE INFORMATION
• a. Location map (specifying the state, district and taluka)
– i. Total land required (in acres) for the project (tabular format
indicating private/government/forest land)
– ii. Proposed project map with distances from the nearest urban/semi-
urban locations/important installations7
• b. Layout plan
• c. Map of the affected area / proposed alignment for linear projects
• d. Proposed site with distances with respect to public utilities8
(tabular format)
• Note: The Introduction should not exceed five pages.
10/22/2023 48

• PART 2: OBJECTIVES AND METHODOLOGY
• OVERALL TASKS REQUIRED AS PER TERMS OF REFERENCE
(ToR)
• (Note: Baseline ToR as issued by the state SIA unit)
• a. Composition of the team
• a. Roles and responsibilities per activity
• STUDY OBJECTIVES
• To prepare a SIMP in a transparent and consultative
manner based on the social, economic, cultural, aspects
etc. as per the SIA
10/22/2023 49

• APPROACH AND METHODOLOGY
• PHASE 1: PREPARATORY ACTIVITIES Collection
and review of project literature and reports
• Rapid reconnaissance for understanding the site
and logistics
• Scoping SIA questionnaire
• Team composition
• Familiarizing with sociocultural activities
10/22/2023 50

• PHASE 2: SURVEY ACTIVITIES Collection of data on socioeconomic
conditions of affected families (Provide disaggregated data on
gender, caste and tribes.) Family structure and number of families
• Literacy level
• Occupational patterns
• Income level
• Inventory of movable and immovable assets of the affected family
• Type and extent of loss
• Accessibility of community resources
10/22/2023 51

• Perception of community on social impacts and
resettlement and rehabilitation (R&R) measures People’s
opinion on social impacts
• People’s opinion on income restoration
• People’s opinion on grievance redressal mechanism
• The methods of engagement:
• Participatory appraisal
• Focus group discussions (FGDs), informal/formal
discussions, consultations
10/22/2023 52

• PHASE 3—ASSESSMENT OF IMPACTS Assessment of impacts on land,
structures and assets attached to land and structure
• Assessment of livelihood losses
• Assessment of sociocultural impacts
• PHASE 4—SOCIAL IMPACT MANAGEMENT PLAN (SIMP) Mitigating
measures for impact
• Mitigating measures on direct and indirect livelihood losses
• Mitigating measures for sociocultural impact
• Analysis of alternative sites
• Certificate of bare minimum land
• Measures for enhancing the standard of living
10/22/2023 53

• Five year development plan for Schedule V and Schedule VI areas (if
applicable)
• Estimated budget
• 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
• Approach/methodology for disclosure (transparency and accountability as
per act)
• Cost-benefit analysis
• 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
10/22/2023 54

• PART 3: PROJECT PLAN AND ANALYSIS OF ALTERNATIVES
• Analysis of site alternatives (comparative analysis) shall focus on:
• Bare minimum land and benchmarking of land requirement with similar industry in India
• Multi-cropping land
• Impact on the sociocultural fabric
• Impact on natural resources
• GUIDING NOTE
• 1) Bare minimum
– As per Clause (d) of Subsection (4) of Section 4 in Chapter II of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, the land proposed
for acquisition is the bare minimum extent needed for the project.
• 2) Alternative site
• As per Clause (e) of Subsection (4) of Section 4 in Chapter II of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, the land
acquisition at an alternative place has been considered and found to be unfeasible.
10/22/2023 55

• PART 4: BASELINE SCENARIO
• PROFILE OF AFFECTED AREA(S)
• Identified affected area(s): (Text detailing the affected area)
• Summary of project affected area(s):
• Socioeconomic profile of affected families vis-à-vis districts and
tehsils
• Socioeconomic survey questionnaire
• The questionnaire for socioeconomic profiling of affected families
vis-à-vis districts and tehsils is annexed . Please note, although
detailed, the relevant questions/information can be incorporated in
the questionnaire as per regional requirements.
10/22/2023 56

Minimum Land Acquisition& Minimum
Displacement
• Appropriate Government shall ensure that:-
a)There is a legitimate and bona fide public purpose for the
proposed acquisition
b)The public purpose, in the long term, is in the larger public
interest so as to justify the adverse social impact as
determined by SIA
c)Only the minimum area of land required for the project is
being acquired.
d)There is no unutilized Land that has been previously
acquired in the area
e)The land, if any, acquired earlier and remain unutilized, is
used for such publicpurpose
• SIA is exempted in case of projects acquiring land with
application of emergency clause
10/22/2023 58

• Irrigated multi-cropped land shall not be acquired except
when land acquired does not exceed five percent
(Flexibility to appropriate government) of total irrigated
multi-crop area in that district or State.
• Whenever a multi-crop irrigated land is acquired, an
equivalent area of culturable waste land shall be developed
for agricultural purposes.
• In other cases the acquisition of agricultural land should
not exceed for all projects in a district or State such limits
of the net sown area of that district or State as may be
notified by the appropriate government.
• State to make rule what percentage of Irrigated land can
be acquired in special circumstances.
10/22/2023 59

• Similar to the old Act. A notification relating to the land details to
be acquired with the name of the land owners as well as the
summary of the SIA report, reasons necessitating the
displacement of affected persons is to be published (a) in official
gazette, (b) in two daily newspapers circulating in the locality, at
least one in the regional language , (c) in the panchayat or
municipality, (d) uploaded in the website, (e) in the affected area.
• The cutoff date is the last date of the publication in any of the
system.
• Land transaction is restricted u/s 11(4) and Collector to ensure
updating of the land records within a period of two months u/s
11(5).
• This notification is valid for12 months.
• In the old Act preliminary notification u/s 4(1) was confined to
publication of the list of the land loser in similar manner as
detailed at (a) to (c).
10/22/2023 60

Activities during valid period of Notification
u/s 11(1)
• Preliminary survey of land.
• Hearing of objections such as to the area and suitability of land,
justification offered for public purpose, findingsof SIA.
• The administrator shall prepare rehabilitation and resettlement
scheme including the rehabilitation colony with details of public
amenities and infrastructure facilities.
• The rehabilitation scheme shall be reviewed by the Collector as well
as by R&R Committee constituted u/s 45.
• The scheme shall be submitted to the Commissioner R&R for
approval of the government.
• After approval, it will be made available in the local language of the
panchayat / municipality and uploaded in the website of the
appropriate government.
10/22/2023 61

Declaration u/s 19(1)
• Similar to the declaration provisions u/s 6(1) of the old Act. Government
shall publish the declaration along with the area identified for
resettlement site.
• The collector shall publish a summary of the R&R scheme and asked the
requiring body, to deposit an amount full/part towards cost of
acquisition of land.
• The old Act was confined to declaration of the land details intended to
be acquired for public purpose as there was no mandatory provision for
Rehab. Colony and Resettlement and Rehabilitation
• The validity of the declaration is 12 months from the date of the
declaration of publication otherwise the entire proceedings will be
lapsed.
10/22/2023 62

Market Value(Section 26)
• Market value is higher of (a) minimum land value as per
Indian Stamp Act, 1899 (b) average sale price for similar type
of land in the vicinity (c) average sale price already paid or
agreed to be paid in private or PPP projects
• Any price paid earlier as compensation for land acquired
under this Act on an earlier occasion not to be taken into
consideration
• Collector to take necessary steps to revise the market value of
the land before initiating acquisition proceedings
• Further, to ensure adequate compensation to the land owners,
the market value calculated shall be multiplied by a factor of
two in the rural area and by a factor of one in the urban area
as specified in the First Schedule.
• The calculation process is detailed in the first schedule.
10/22/2023 63

THE FIRST SCHEDULE [ 30(2)]
COMPENSATION FOR LAND OWNERS
Serial
No.
Component of
compensation
package in respect of
land acquired under
the Act
Manner of determination of value
1 2 3
1 Market value of land To be determined as provided
under
section 26.
2 Factor by which the market
value is to be multiplied
in the case of rural
areas
1.00 (One) to 2.00 (Two) based on
the
distance of project from urban
area, as may be notified' by the
appropriate Government.
3 Factor by which the market
value is to be multiplied
in the case of urban
areas
One
4 Value of assets attached
to
land or building
To be determined as provided
under
section 29
5 Solatium Equivalent to one hundred per
cent. Of the compensation amount
of land mentioned against serial
number 1
6 Final award in rural areas {(1x2 )+ 4}+ 100 %
7. Final Award in Urban Area { (1x3)+4}+100%
under the old
Act, land
compensation
was calculated in
a simple manner
by taking the
average of 3
years registration
price added with
30% solatium
and 12% interest
over it. However,
the cost of
permanent
objects existing
over the land is
also finally
added at the
time of making
the award
10/22/2023 64

Awards towards Compensation and
Resettlement & Rehabilitation
• Sec. 27 empowered Collector to calculate the total compensation,
including the damage of the standing crop and trees, incidental
charges, cost incurred due to severing such land from his other
land.
• Sec. 30 empowers the Collector to pass Resettlement &
Rehabilitation Award that includes Resettlement and
Rehabilitation amount, particulars housesite and houses to be
included in case of displacement, after ensuring provisions of
infrastructure amenities in the resettlement area as per the third
schedule of the Act u/s 32.
• In the old Act, there is no provision of making award for
resettlement and rehabilitation nor there is a provision for
compensation double the amount of the original estimate incase
of the double displacement.
10/22/2023 65

Institutional mechanism for R&R
• Sec. 43—Administrator for Rehabilitation and Resettlement
-Formulation, execution and monitoring of R&R Plan
• Sec. 44—Commissioner for Rehabilitation and Resettlement
-Supervision of formulation, implementation of R&R Plan
and post implementation social audit in consultation with
Gram Sabha
• Sec.45—Rehabilitation and Resettlement Committee at
project level (more than 100 acres) - monitor and review
R & R
• Sec. 48—50 -National Monitoring Committee at central
level & State Monitoring Committee at State level
10/22/2023 66

Rehabilitation and Resettlement
Benefits
• Schedule Two of the Act enlists R&R benefits for the affected
families.
• In case of irrigation projects, as far as possible, each affected
family is proposed to be given one acre of land in the
command area. Persons belonging to SC or ST and losing their
land will be provided two and a one-half acres of the land.
• If the land is acquired for urbanization purpose, twenty
percent of the developed land will be reserved and offered to
the land losers.
• Mandatory employment to at least one member per
affected family. If it is not possible, then onetime payment of
rupees five lakhs per affected family or annuity policy that
pays rupees two thousand per month per family for
twenty years.
• Onetime financial assistances like transportation cost, cattle
shed/petty shop costsetc.
10/22/2023 67

• Resettlement and Rehabilitation benefits to all affected families (in addition to
compensation)
 R & R Package - Choice of employment/5 lakhs/Rs. 2000 per month for 20 yesr
 One-time Resettlement Allowance: Rs.50,000/
 Cattle shed/petty shops - Rs.25,000/
 One time grant to artisan/traders/self employed - Rs. 25,000/
– Fishing rights in reservoir
– Land for land – Irrigation projects (as far as possible) I acre of land (2.5 acres for SCs/STs in
command area
Displaced Families
 Housing in case of displacement – Rural Areas (IAY specifications); Urban areas
(constructed house not less than 50 sq.mts in plinth area/min Rs. 1,50,000)
 Subsistence grant for all displaced families – Rs. 3000 per month for one year
(additional Rs. 50,000/ for SCs/STs).
 Transportation grant for all displaced families - Rs. 50,000/
– All monetary rehabilitation grants and benefits are adjusted based on
theConsumer Price Index.
– Stamp duty/registration to be paid by the requiring body
Important R & R Benefits
10/22/2023 68

Infrastructure Facilities in Resettlement
Areas
• Third Schedule lists amenities/facilities to be
developed in the rural areas.
• These include roads, drainage, sources of safe
drinking water for affected families, drinking
water for cattle, grazing land, fair price shops,
Panchayat Ghars, village level post office, Burial
or Crimination Ground, Aanganwadi, community
centres, sub health centres, playground etc.
10/22/2023 69

Urgency Provision (Section 40)
• LA Act, 1894 empowers the appropriate Government
to acquire land under urgency provision for any
public purpose U/s 17.
• However, in newAct urgency provision restricted to:
(a) acquisition of land for defence of India; or
(b) national security; or
(c) for any emergency arising out of natural calamities.
• An additional 75 percent of total compensation shall
be paid which was not a provision in Old act
10/22/2023 70

R&R in Private Purchases (Section 46)
• If private purchase is beyond certain limits as
specified by the appropriate Governments then
R&R benefits to be extended to the affected families
• R&R scheme to be approved by the Commissioner
for the R&R
• No land use change permitted if R&R is not
complied as per the award passed by collector
• Application to Collector has to include the
purpose, particular of land to bepurchased
10/22/2023 71

Land Acquisition, Rehabilitation &
Resettlement Authority ( Sec.51—75)
• Single member authority
• Reference to Authority within six weeks of
the Collector's award
• Cases to be decided in six months
• Jurisdiction of civil courts barred
• Appeals to High Court with in sixty days
10/22/2023 72

Miscellaneous
• Land/House allotted to be in joint name
• Benefits indexed to CPI
• Ownership cannot be changed
• Purpose for which acquired cannot be
changed
• 40% of the appreciated value to be shared
with original owners
• Double compensation in caseof
multiple displacements
• Special provisions for SCs &STs
10/22/2023 73

Return of Land
f
r
• Section 101
• If any land or part thereof acquired under
the Act remains unutilized for a period of
five years B3
om the date of taking of the possession, the
same shall return to the Land Bank/returned to the original
land owners as specified by the appropriate Government
10/22/2023 74

Exempted Legislations (Sec105)
• The Fourth Schedule enlists thirteen legislations
dealing with land acquisition which have been
exempted from the purview of this Act.
• The Central Government may direct by a
notification that any of the provisions of this Act
dealing with First, Second and Third Schedules;
shall apply to the cases of land acquisition under
the enactments specified under the Fourth
Schedule.
• One Year is the time limit within which all Acts to
be extended the benefits of new legislation
10/22/2023 75

Better compensation and rehabilitation and
resettlement
• Section 108- Option to affected families to avail better
compensation and rehabilitation and resettlement.–
• (1) Where a State law or a policy framed by the Government of a
State provides for a higher compensation than calculated under this
Act for the acquisition of land, the affected persons or his family or
member of his family may at their option opt to avail such higher
compensation and rehabilitation and resettlement under such State
law or such policy of the State.
• (2) Where a State law or a policy framed by the Government of a
State offers more beneficial rehabilitation and resettlement
provisions under that Act or policy than under this Act, the affected
persons or his family or member of his family may at his option opt
to avail such rehabilitation and resettlement provisions under such
State law or such policy of the State instead of under this Act.
10/22/2023 76

Kondakandla Yadaiah & Others v. State of Telangana represented by its,
Chief Secretary, Telangana W.P.No.25036 of 2016
• Ramesh Ranganathan, ACJ.
• The Right of Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013,confers
rights not only on those whose lands, and other immovable
property, is to be acquired by the State, but also on families which
do not own land, but one of whose members is an agricultural
labourer, an agricultural tenant, or a share-cropper whose primary
source of livelihood is adversely affected by the acquisition of land.
Certain rights are also conferred by the 2013 Act on the Scheduled
Tribes, other traditional forest dwellers who have lost their forest
rights, gatherers of forest dwellers who have lost their forest rights,
gatherers of forest produce, hunters, fisher-folk and boatsmen, and
on those who have been assigned lands by the State Government.
10/22/2023 77

Kondakandla Yadaiah & Others v. State of Telangana represented by
its, Chief Secretary, Telangana W.P.No.25036 of 2016
• While G.O.Ms.No.123 dated 30.07.2015 claims to protect the
interests of the land owners by offering them a compensation
higher than their entitlement under the 2013 Act, do
G.O.Ms.No.190 dated 10.08.2016 and G.O.Ms.No.191 dated
15.08.2016, which seek to provide certain welfare measures to such
of those families whose only means of livelihood would be affected
by the procurement of land under G.O.Ms.No.123 dated 30.07.2015,
adequately safeguard the statutory rights, conferred on these
marginalised sections of society, under the 2013 Act; and can these
statutory rights, conferred on these deprived Sections, either be
waived by them or circumvented by the State Government in the
exercise of its executive power either under Article 162 or Article
298 of the Constitution?
10/22/2023 78

• In these batch of Writ Petitions, wherein the present interlocutory
applications were filed, the validity of G.O.Ms.No.75 dated
05.06.2015 and G.O.Ms.No.123 dated 30.07.2015, along with its
amendment in G.O.Ms.No.190 dated 07.10.2015 and
G.O.Ms.No.214 dated 28.11.2015, are questioned as ultra vires
the 2013 Act, and a consequential direction is sought to the
respondents to follow and implement the provisions of the 2013
Act, and not to resort to any negotiation process or forcible
dispossession or acquisition. The petitioners, in this batch of Writ
Petitions, are either land owners or assignees of land or other
affected persons living in villages which will be submerged on
construction of several irrigation projects by the State. In
W.P.No.25036 of 2016, several of the petitioners are agricultural
labourers, and landless poor who are dependent, on the lands
purchased by the State under G.O.Ms.No.123 dated 30.07.2015, for
their livelihood.
10/22/2023 79

• The Government of Telangana issued G.O.Ms.No.75 Revenue (JA & LA)
Department dated 05.06.2015 formulating a policy called “The Telangana
State Policy for Acquisition of Land through Agreement under the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013”. G.O.Ms.No.75 dated 05.06.2015 issed for
formulation of a policy to guide and facilitate district collectors to
acquire lands, in strips or pockets, which become critical for proper
viability of the Project; and to bring the envisaged components of the
Project to their logical deliverable stage in any irrigation project, or a road
work by the R & B, and land for R & R Centers, through negotiated
consent. The Government, after examining the issue in detail, constituted
a three member committee and directed them to submit a report for
formulation of a policy under Section 108 of the 2013 Act, giving a proper
preamble and to frame laws to provide for consent awards, duly defining
the parameters mentioned therein.
10/22/2023 80

• The Committee submitted its report on 21.05.2015
preparing a draft policy called the Telangana State
Policy for Acquisition of Land through Agreement
under the 2013 Act. The Government considered the
report of the Committee, and decided to issue a policy
under Section 108 of the 2013 Act, and in consonance
with Rule 30 of the Telangana State Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Rules, 2014 issued in
G.O.Ms.No.50 Revenue (JA & LA) Department, dated
19.12.2014 (the “2014 Rules” for short).
10/22/2023 81

• In his affidavit dated 11.08.2016, filed in W.P.No.26601 of 2016 and
batch, the Special Chief Secretary to the Government, Revenue
Department, has stated that neither the State of Telangana nor its
authorities are procuring or purchasing land by force, or against
the wishes of the land owners; they were procuring land only
from those who voluntarily came forward expressing their
willingness to sell their lands; the authorities were
procuring/purchasing land for a public purpose, after payment of
consideration to the satisfaction of the owners, on the basic
principle of a willing seller and a willing purchaser; neither the
Government nor its authorities have resorted to coercion or
pressure in procuring lands under G.O.Ms.No.123 dated
30.07.2015; several safeguards are provided in G.O.Ms.No.123,
before procuring the lands; at any stage, till the execution of sale
deeds, the land owners are entitled to withdraw from the process
of sale of their lands;
10/22/2023 82

• the State Government has the constitutional power to
acquire, hold and dispose of property, and to make
contract for any purpose under Article 298 of the
Constitution, in addition to the common law, keeping
in view the welfare of the State, apart from the public
interest; some of the petitioners are seeking a
direction to acquire their lands in accordance with the
2013 Act; and, if the State requires the lands of such
of those petitioners for a public purpose, they would
acquire the land in exercise of their powers under the
provisions of Act 30 of 2013, or the law in force in the
State of Telangana as on the date of acquisition of the
lands, by paying the required compensation.
10/22/2023 83

• In his Additional affidavit dated 12.11.2016, the Special
Chief Secretary to Government, Revenue Department,
submits that the State Government, in order to
expeditiously procure land for a public purpose, for
the use of public projects, has issued G.O.Ms.No.123
dated 30.07.2015 which allows the owners of the land
to participate in the developmental process
voluntarily, and on their own volition to willingly sell
their lands on a consideration mutually arrived at
between the owners of the land, and the procuring
agencies, as specified in G.O.Ms.No.123 dated
30.07.2015.
10/22/2023 84

• It is contended, on behalf of the petitioners, that the petitioners
have specifically pleaded coercion, and that the State was forcing
them to part with their lands for the purpose of the project; this
contention has not been denied; while the State has proclaimed
that it would purchase land, only from those who voluntarily part
with their land, the material on record discloses that coercive
steps are being resorted to, in order to deprive owners of their
land, by G.O.Ms.No.123 dated 30.07.2015, instead of resorting to
the provisions of the 2013 Act; the State action, in seeking to
acquire lands through G.O.Ms.No.123 dated 30.07.2015,
necessitates being set aside; and the State is resorting to false and
deliberate misrepresentation and misinformation to hapless land
owners, in order to indulge in speedy land acquisition.
10/22/2023 85

• In judicial review proceedings, under Article 226 of the Constitution of
India, this Court would, ordinarily, not examine disputed questions of
fact save where there is unimpeachable evidence on record to show
that the State, or its officers, are exerting pressure on those, who are
not willing to part with their lands, to sell their lands to the State under
G.O.Ms.No.123 dated 30.07.2015. It would be wholly inappropriate for
this Court to either hold in favour of the petitioners that the State has
resorted to coercive means to force them to sell their lands to the
Government under G.O.Ms.No.123 dated 30.07.2015, or to hold in favour
of the State that people are flocking in large numbers, and are ready and
willing to sell their lands to the Government under G.O.Ms.No.123 dated
30.07.2015. We, had, while passing interim order earlier, made it clear that
on such of those land owners, who are not willing to sell their lands to the
Government under G.O.Ms.No.123 dated 30.07.2015, approaching this
Court, the State would be injuncted from purchasing their lands under
G.O.Ms.No.123 dated 30.07.2015.
10/22/2023 86

• II. IS G.O.Ms.No.123 DATED 30.07.2015 ARBITRARY, DISCRIMINATORY, AND
IN VIOLATION OF ARTICLE 14 OF THE CONSTITUTION OF INDIA?
• It contended, on behalf of the petitioners, that the effort of the State
Government is to divide farmers into two categories, i.e., those who are
willing to part with their land at a higher rate, and those who will be paid
a far lesser amount under the 2013 Act because they are unwilling to part
with their property; classification of farmers into these two categories is
by the executive act of the State; the State cannot divide and rule; the
discrimination, arising out of this classification, is hit by Article 14 of the
Constitution of India; G.O.Ms.No.123 dated 30.07.2015 smacks of the take
it or leave it formula, and suffers the wrath of Article 14; larger public
interest is adversely affected by payment of a higher price, than the
market price of the land, to a chosen few; the government cannot,
thereby, squander precious public money; the State is the custodian of
public money, and cannot misutilise public funds to purchase land at any
price it wants;
10/22/2023 87

• the Latin Maxim, which is applicable in the present case, is
“Ut res magis Valeat Quam Pereat” – i.e. Statute ought to
have a logical meaning and premise; the State cannot
acquire land, under the guise of ‘voluntary sale
transactions’, from land owners on terms which are highly
discriminatory, leaving room for coercion and intimidation
claiming ‘public purpose’; and the State has violated
Article 14 by paying a certain unexplained amount which has
been arbitrarily arrived at, to the land losers under the
impugned G.O.Ms.No.123 dated 30.07.2015, and threatening
other land losers, who are similarly placed but have opted
to give up their land under Act 30 of 2013, with severe
restrictions and a severely reduced amount without
revising the market value of the lands in these areas for the
past four years and more.
10/22/2023 88

• On the other hand, the Learned Advocate-General for
the State of Telangana would submit that, in the
absence of any specific plea or proof, and without
support of any material (documentary evidence), the
petitioners cannot allege that G.O.Ms.No.123 dated
30.07.2015 is in violation of Article 14 of the
Constitution of India; even on merits, the land of the
owner which is compulsorily acquired, and who is
voluntarily selling the land to the State, fall under two
different and independent class of persons; they are
not similarly situated; and, hence, the question of
violation of Article 14 does not arise.
10/22/2023 89

• Allegations in the Writ Petition must be specific, clear and
unambiguous. There must be proper pleadings and averments in
the substantive petition before the question of denial of equal
protection, or the infringement of the fundamental right to
equality, can be decided. The burden is upon him who attacks a
classification to show that there has been a clear transgression of
the Constitutional principles. The claim of equal protection under
Article 14 is examined on the presumption that the actions of the
State are reasonable and justified. If a person complains of unequal
treatment, the burden squarely lies on him to place before the
Court sufficient material from which it can be inferred that there is
unequal treatment. Where, however, the necessary material has
not been placed to show how there has been unequal treatment,
the plea of violation of Article 14 cannot be entertained.
10/22/2023 90

• The burden is on the petitioners to set out facts
necessary to sustain the plea of discrimination,
and to adduce “cogent and convincing evidence”
to prove those facts for “there is a presumption
that every factor which is relevant or material
has been taken into account in formulating the
classification. Unless the classification is unjust
on the face of it, the onus lies upon the party
attacking the classification to show, by pleading
and placing necessary material before the Court,
that the said classification is unreasonable and is
violative of Article 14 of the Constitution.
10/22/2023 91

• A statute should be construed so as to make it effective and
operative on the principle expressed in the maxim “ut res megis
valeat quam pereat”. (It is better to validate a thing than to
invalidate it). To make out a case of denial of the equal protection
of the laws under Article 14 of the Constitution, a plea of
differential treatment is, by itself, not sufficient. An applicant,
pleading that Article 14 has been violated, must show not only that
he has been treated differently from another, but he has been so
treated from persons similarly circumstanced without any
reasonable basis, and such differential treatment is, by itself, not
sufficient. An applicant, pleading that Article 14 has been violated,
must show not only that he has been treated differently from
another, but he has been so treated from persons similarly
circumstanced without any reasonable basis, and such differential
treatment is unjustifiably made.
10/22/2023 92

• The State claims that the amounts paid by them under
G.O.Ms.No.123 dated 30.07.2015, for voluntary purchase of
lands from willing land owners, is higher than the compensation
payable by the State for compulsory acquisition of these lands
under the 2013 Act. What is, however, unclear is the extent of
variance in the amounts being paid under G.O.Ms.No.123 dated
30.07.2015, and the compensation payable on compulsory
acquisition under the 2013 Act. As is evident from a bare reading of
G.O.Ms.No.123 dated 30.07.2015, and the counter affidavit filed by
the respondents, the amounts paid to these willing land owners, for
voluntary purchase of lands from them by the State, includes not
only the value of the land but also the compensation in lieu of all
the other benefits which land owners are entitled to under the
Schedules to the 2013 Act.
10/22/2023 93

• It is only if the benefits under the Schedules to the 2013 Act are
computed in monetary terms will we be in a position to know the
extent of variation, and whether such variance is so arbitrary as to
violate Article 14 of the Constitution of India. It is only after
ascertaining the basis, on which the State Government has fixed
the amount payable for different categories of lands purchased
under G.O.Ms.No.123 dated 30.07.2015, would this Court be able
to decide whether such a basis is so wholly arbitrary and
unreasonable as to violate the equality clause in Article 14 of the
Constitution. Suffice it to hold that the material placed on record by
the petitioners is not sufficient to conclusively establish that
G.O.Ms.No.123 dated 30.07.2015 is arbitrary or in violation of
Article 14 of the Constitution of India.
10/22/2023 94

• The plea of discrimination does not, however, merit acceptance.
Persons who voluntarily sell their lands to the State Government
under G.O.Ms.No.123 dated 30.07.2015, prima-facie, constitute a
class distinct and different from those land owners who are not
willing to part with their lands under the said G.O. It is only if the
lands, of those who are not willing to part with it, are needed by it
for a public purpose, would the State be required to exercise its
power of eminent domain to compulsorily acquire their lands under
the 2013 Act. Even though the amount payable under
G.O.Ms.No.123 dated 30.07.2015 is at variance, with the
compensation payable on compulsory acquisition of lands under
the 2013 Act, that, by itself, may not result in discrimination as
those land owners, who have not parted with their lands, are not
precluded from voluntarily selling their lands to the State
Government, and receive compensation
10/22/2023 95

• III. CAN THE EXECUTIVE POWER OF THE STATE BE EXERCISED IN
CONTRAVENTION OF LEGISLATION MADE EITHER BY PARLIAMENT OR THE
STATE LEGISLATURE?
• It is contended, on behalf of the petitioners, that the State, which has been continuously
stressing on the applicability of Section 108 of the 2013 Act, cannot change its stance and
claim that Section 108 does not apply; Section 108(1) of the 2013 Act applies only to
higher compensation and, under Section 108(2), only to better rehabilitation and
resettlement; these provisions have no application to a ‘policy’ which the State can
formulate on land acquisition, deviating from the clear provisions of the 2013 Act; the
State cannot, therefore, claim that the draconic ‘policy’, ie G.O.Ms.No.123 dated 30.07.2015,
is a ‘land acquisition policy’, when the 2013 Act clearly bars them from doing so; the State,
which wishes to acquire lands under G.O.Ms.No.123 dated 30.07.2015 has, despite the
pendency of the present batch of Writ Petitions wherein the validity of G.O.Ms.No.123 is
under challenge, started issuing notifications for irrigation projects violating all the
provisions of the 2013 Act relating to Social Impact Assessment (SIA) under Section 6(2),
and food security provisions under Section 10; and the State has, arrogantly, initiated
land acquisition proceedings
10/22/2023 96

• It is no doubt true that the Government of Telangana has
formulated the policy called “The Telangana State Policy for
Acquisition of Land through Agreement under the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, in
G.O.Ms.No.75 dated 05.06.2015, where under the District
Collectors have been empowered to acquire lands, in strips
or pockets, which are critical for proper viability of the
project. While the validity of G.O.Ms.No.75 dated
05.06.2015 is also under challenge in these batch of Writ
Petitions, the emphasis placed, and the arguments put forth,
on behalf of the petitioners is mainly on the validity of
G.O.Ms.No.123 dated 30.07.2015 and G.O.Ms.No.190 dated
10.08.2016.
10/22/2023 97

• Section 107 of the 2013 Act stipulates that nothing in the 2013 Act
shall prevent any State from enacting any law to enhance or add to
the entitlements enumerated under the 2013 Act which confers
higher compensation than payable under the 2013 Act or to make
provisions for rehabilitation and resettlement which is more
beneficial than those provided under the 2013 Act.
• Section 108(1) stipulates that, where a State law or a policy
framed by the Government of a State provides for a higher
compensation than calculated under the 2013 Act for the
acquisition of land, the affected person or his family or member
of his family may, at their option, opt to avail such higher
compensation and rehabilitation and resettlement under such
State law or such policy of the State.
10/22/2023 98

• Section 108(2) stipulates that, where a State law
or a policy framed by the Government of a State
offers more beneficial rehabilitation and
resettlement provisions under that Act or policy,
than under the 2013 Act, the affected persons or
his family or member of his family may, at his
option, opt to avail such rehabilitation and
resettlement provisions under such State law or
such policy of the State instead of under the 2013
Act.
10/22/2023 99

• Section 107 enables the State Legislature to make a law to enhance
or add to the entitlements enumerated under the 2013 Act
conferring higher compensation than payable under the 2013 Act.
Similarly it confers power on the State legislature to make
provisions for rehabilitation and resettlement which is more
beneficial than the provisions of the 2013 Act. As the 2013 Act, in
so far as land owners are concerned, is a legislation for compulsory
acquisition of their lands, the power conferred on the State
legislature, under Section 107 of the 2013 Act, would be available
only in case of compulsory acquisition of lands. Likewise the State
Government has been conferred power to make a policy, under
Section 108(1) of the 2013 Act, providing for higher compensation
than calculated under the 2013 Act, for acquisition of land. In such
a case, option is given to the affected person or his family to opt for
such higher compensation, and rehabilitation and resettlement
under the State policy.
10/22/2023 100

• While Section 107 of the 2013 Act enables the State
Legislature to enact a law more beneficial to the affected
families, Section 108(1) confers power on the State
Government to frame a policy providing for higher
compensation than calculated under the 2013 Act for
acquisition of land. Acquisition of land under the 2013 Act
is compulsory acquisition, and the power conferred on the
State Government under Section 108(1) is to frame a policy
providing for higher compensation than calculated under
the 2013 Act, which can only mean that a policy can be
formulated by the State Government for payment of higher
compensation, on compulsory acquisition of land, than
what is provided under the 2013 Act.
10/22/2023 101

• It is no doubt true that the requirement of a social impact
assessment under Chapter-II, and the food security provisions
under Chapter-III of the 2013 Act, are not adhered to on lands
being purchased by the State Government under
G.O.Ms.No.123 dated 30.07.2015. The power to purchase lands,
from those land owners who voluntarily and willingly sell their
lands to the Government, is referable to Article 298 of the
Constitution of India, and it is only when the State resorts to
compulsory acquisition of lands would the provisions of the 2013
Act, including Chapter-II and Chapter-III thereof, apply. The
question, under what circumstances the State can invoke the
emergency provisions of Section 40 of the 2013 Act, does not
arise for consideration in these batch of Writ Petitions, and it is
wholly unnecessary for us to dwell on this aspect.
10/22/2023 102

• G.O.Ms.No.123 dated 30.07.2015 has been issued by the State
Government in the exercise of its executive power under Articles 154,
162 and 298 of the Constitution of India. The power of the State
Government to frame an executive policy, under Articles 162 and 298
of the Constitution of India, is available as long as such a policy does
not fall foul of any law in force, be it plenary or subordinate. As it is co-
extensive with the power of the Legislature of the State to make laws,
and is subject to the other provisions of the Constitution, the executive
power of the State can be exercised only to supplement, and not
supplant, the law made by the State Legislature, and cannot be so
frame or utilised as to override the provisions of law as it would
then destroy the very basis of the rule of law, and strike at the very
root of orderly administration of the law. If, however, the law or the
rules are silent on any particular point, the Government can fill up
the gaps and supplement the law or the rules and issue orders not
inconsistent with the law or rules already framed.
10/22/2023 103

• It is neither necessary that there must be a law already in
existence before the executive is enabled to function nor
that the powers of the executive are limited merely to the
carrying out of these laws. The power of the Executive to
act under Article 162 of the Constitution is not abridged
without a law. If, however, there is a statutory enactment
or a rule on the matter, the executive must abide by that
Act or Rule and it cannot, in the exercise of the executive
power under Article 162 of the Constitution, ignore or act
contrary to that Rule or the Act. In the absence of any Law
or Rules made in relation thereto, the State Government
can exercise its executive powers under Article 162 of the
Constitution.
10/22/2023 104

• While the executive power of the State under Article 298 of the
Constitution is a further extension of the executive power under
Article 154 as extended by Article 162 of the Constitution, the
questions which necessitate examination are whether
G.O.Ms.No.123 dated 30.07.2015, issued by the State Government
in the exercise of its executive power under Article 298 of the
Constitution falls foul of the provisions of the 2013 Act; whether the
said G.O., which relates to voluntary purchase of land from willing
land owners, is independent of the provisions of the 2013 Act which
relate to compulsory acquisition of lands; and whether the State
Government can acquire lands, in the exercise of its executive power
under Article 298, even if it is in contravention of the provisions of
the 2013 Act? These questions shall be examined in detail
hereinafter. Before doing so, it is necessary to examine the scope
and ambit of the executive power of the State under Article 298 of
the Constitution.
10/22/2023 105

• IV. ARTICLE 298 OF THE CONSTITUTION: ITS SCOPE:
• It is contended, on behalf of the petitioners, that the
Executive has not been conferred power by the
Constitution to purchase lands of citizens without
resorting to acquisition in accordance with the 2013
Act; the word ‘and’ in Article 298 restricts exercise of
the executive power of the State; the executive power
of the State to acquire land, under Article 298 of the
Constitution, is only for the purpose of trade or
business, that too where such acquisition is order than
for a public purpose; acquisition of land for a public
purpose can only be resorted to under the 2013 Act;
10/22/2023 106

• Article 298 has no application to the present scenario
of forced acquisition of land, under the guise of ‘public
purpose’, for major irrigation projects; Article 298
should be understood in the context of its opening and
preceding functions – vis-a-vis trade and commerce,
and all corollary activities including land acquisition for
the said purpose of facilitating the State’s involvement
in trade and commerce; the “Ejusdem Generis” rule, ie
general words always take the inference given to the
Special preceding functions/words to wholly
understand the Statutes’ interpretation, should be
applied; and Articles 162 and 298 of the Constitution
should be read together.
10/22/2023 107

• On the other hand, the Learned Advocate-General for
the State of Telangana would submit that the power of
the State Government to voluntarily acquire land from
a willing seller is traceable to Article 298; it is evident,
from Clause 19 of the Statement of Objects and
Reasons of the seventh Amendment to the
Constitution, that the power of the State Government
to voluntarily acquire land under Article 298 is not
confined to trade or business, but can extend to any
purpose; the State can enter into contracts for any
purpose, including for the development activity of the
State, without constitutional impropriety;
10/22/2023 108

• Article 298 confers on the Union Government,
and each State Government, powers with respect
to three matters: (1) to carry on trade and
business; (2) to acquire, hold and dispose of
property; and (3) to make contracts for any
purpose; no prior legislative sanction (law) is
required; and prior Legislative sanction is
required only for statutory bodies like the Greater
Hyderabad Municipal Corporation which cannot
exercise power under Article 298 of the
Constitution.
10/22/2023 109

• The functions of a modern State, unlike the Police States of old, are not
confined to mere collection of taxes or maintenance of laws and
protection of the realm from external or internal enemies. A modern State
is expected to engage in all such activities as are necessary for the
promotion of the social and economic welfare of the community. The
Government, under the Constitution, is both the State and a public
authority having powers over the public, and owing duties to them. These
duties may be imposed on the Government either by the Constitution or
by a Statute. The Government is also a legal entity like a natural or an
artificial person. The object of conferring powers on the Government
under Article 298 is to obviate any objection that the Constitution has not
intended the Government to possess and exercise the normal powers and
duties of any legal person. Whatever is necessary, for the purpose of
carrying on business, can be exercised by the Government by entering into
contracts. This power to make contracts is expressly vested in the
Government under Article 298 of the Constitution.
10/22/2023 110

• Under Article 298 of the Constitution, the State can carry on
its executive functions by making a law or without making a
law. The exercise of such powers and functions by the State is
subject to Part III of the Constitution. Article 162 merely
provides an extensible limit and not the maximum limit of the
executive power of the State Government. It does not define
the limits of the executive power of the State Government, but
sets out matters to which such executive power shall extend.
Article 298 enlarges the scope of the executive power of the
State Government by adding various matters in respect of
which the State Government may exercise its executive power.
It includes, within the executive power of the State
Government, the power to carry on any trade or business and
to acquire, hold and dispose of property for any purpose.
10/22/2023 111

Kondakandla Yadaiah & Others v. State of Telangana
represented by its, Chief Secretary, Telangana W.P.No.25036 of
2016
• IV. DOES G.O.Ms.No.123 DATED 30.07.2015 VIOLATE THE
FUNDAMENTAL RIGHTS OF THE PETITIONERS UNDER ARTICLE
19(1)(g) AND ARTICLE 21, AS ALSO THEIR CONSTITUTIONAL RIGHTS
UNDER ARTICLE 300-A?
• It is contended, on behalf of the petitioners, that, by declaring the entire
area as required for a public purpose even without hearing the
objections, and without following the due process of law, the State is
depriving the petitioners of their fundamental rights as well as their
right to property; those who are not willing to part with their lands, under
G.O.Ms.No.123 dated 30.07.2015, would not be able to sell their lands to
private parties, at a mutually agreed price, as not one would buy land which
is ‘to be submerged’; in addition, obstacles are being created on the
seamless enjoyment of such lands; by allowing surrounding lands to be
procured under G.O.Ms.123, the petitioners private rights, as well as their
statutory rights under the 2013 Act, are being severely undermined, and
irreparable loss is being caused to them; and procurement of land, under the
impugned G.O.Ms.No.123,’ is in violation of Articles 19(i)(g), 21 and
300-A of the Constitution.
10/22/2023 112

• Article 19(1)(g) of the Constitution confers on citizens the right to practise
any profession, or to carry on any occupation, trade or business. Article 21
provides that no person shall be deprived of his life or personal liberty
except according to the procedure established by law. Article 300-A
stipulates that no person shall be deprived of his property save by authority
of law. The right to carry on any trade or occupation under Article 19(1)(g),
or the right to life and personal liberty under Article 21 of the Constitution,
is, prima-facie, not violated by the State while exercising its executive
power under Article 298 of the Constitution, and in purchasing lands
voluntarily from willing land owners under G.O.Ms.No.123 dated
30.07.2015 for the agreed consideration. The possibility of those, who are
not willing to sell their lands under G.O.Ms.No.123 dated 30.07.2015,
being affected thereby, as no one else may purchase their lands which are
likely to be submerged in future, cannot result in denial of the rights of
those who voluntarily and willingly sell their lands, for the agreed
consideration, to the Government.
10/22/2023 113

• It is only on a preliminary notification being issued under
Section 11(1) of the 2013 Act, can the Government be said
to have expressed its intention to acquire the notified lands
for a public purpose, and till then there is no legal bar for a
land owner to sell his land to a willing buyer, even to a
person other than the State Government. The market value
of the land, which would form the basis for determining
the compensation payable on compulsory acquisition
under the 2013 Act, would be its value on the date on
which a preliminary notification is issued under Section
11(1) of the 2013 Act and, till a preliminary notification is
issued, the land owner retains all high rights over the land
including the right of cultivation, the right to mortgage or
lease it, or even to sell it to others.
10/22/2023 114

• The State Government cannot, while taking recourse to the
executive power of the State under Article 162, deprive a person
of his property. Such power can be exercised only by authority of
law, and not by a mere executive fiat or order. As Article 162 is
subject to other provisions of the Constitution, it is necessarily
subject to Article 300-A. The word “law” in the context of Article
300-A means an Act of Parliament or of a State legislature, a rule, or
a statutory order having the force of law, i.e. State made law. The
effect of the Constitution (Fourth) Amendment Act, 1955, is that
there can be no “deprivation” unless there is extinction of the right
to property. Acquisition means taking not by voluntary
agreement, but by authority of an Act of Parliament, and by
virtue of the compulsory powers thereby conferred. In the case
of compulsory acquisition, the property is taken by the State
permanently and the title to the property vests in the State.
10/22/2023 115

• While the State, in the exercise of its executive power either
under Article 162 or 298 of the Constitution, cannot deprive any
person of his property, deprivation of property would arise only
where there is an extinguishment of the right to property. The
possibility of the land owners not being able to sell their lands, as
the State may acquire these lands under the 2013 Act in future, does
not result in the right of the land owners, over their property, being
extinguished for, till a preliminary notification is issued under
Section 11(1) of the 2013 Act, the land owners are free to deal with
their property in any manner they choose. The fact that the State
Government is purchasing land from willing neighbouring lands
owners, cannot be said to have resulted in deprivation of the
property of land owners, such as the petitioners, as they
continue to retain ownership of such lands with all the rights
which flow there from.
10/22/2023 116

• The submission of Learned Advocate-General that G.O.Ms.No.123
dated 30.07.2015 applies only to voluntary purchase of land and it is
only when the State would require land for a public purpose, and if
the land owner is not willing to part with the land voluntarily, would
the State be required to take recourse to the 2013 Act, is not without
merit.Court already passed interim orders to the effect that, if a
person is not willing to part with his property, the State would
not resort to G.O.Ms.No.123 dated 30.07.2015 to purchase his
land, but only take recourse to the provisions of the 2013 Act. As
the State has the power to acquire property and to make contracts for
such purposes, G.O.Ms.No.123 dated 30.07.2015 can be resorted to
for voluntary purchase of land from willing land owners. As to
whether the said G.O can be applied to deprive the statutory rights
of other categories of persons, who are not land owners but are
dependent upon it for their survival, is a different matter altogether.
10/22/2023 117

represented by its, Chief Secretary, Telangana W.P.No.25036
of 2016
• VI. CLAUSE (b) OF THE PROVISO TO ARTICLE 298 OF THE
CONSTITUTION: ITS SCOPE:
• It is contended, on behalf of the petitioners, that Entry 42
of List III of the Seventh Schedule to the Constitution
relates to acquisition and requisition of property; the
executive power of the State cannot be larger or broader
than the legislative power of the State; if the State cannot
make a law for purchasing the land of its citizens under
Article 246 r/w the Seventh Schedule to the Constitution,
it does not have the executive power to purchase lands of
citizens; since the 2013 Act enacted by Parliament is still in
force, the State Government lacks power to acquire
property under Article 298;
10/22/2023 118

of 2016
• the three components of the 2013 Act i.e acquisition,
rehabilitation and resettlement would be avoided by the
State if they resort to voluntary purchase of land in the
exercise of its executive power; the proviso to Article 298
makes it clear that the executive power of the State is
subject to legislation by Parliament; the State cannot claim
protection under Article 298 when the field is occupied by
the 2013 Act requiring ‘compulsory’ land acquisition; even if
the State’s right to acquire land, in complete derogation of the 2013
Act exists under Article 298, it is the 2013 Act which occupies the
field; and the executive action of the State in procuring lands for a
public purpose, relying upon Article 298 without conclusively
establishing the necessity of procuring certain lands in certain
locations for a stated public purpose as per the existing law, is in
violation of the 2013 Act.
10/22/2023 119

of 2016
• On the other hand, the Learned Advocate-
General for the State of Telangana would submit
that the 2013 Act covers the field with respect to
compulsory land acquisition (i.e. involuntary
acquisition against the will of the owner), but
does not cover the field of voluntarily
acquisition or purchase of land by the State from
the willing seller; and the 2013 Act does not, in
any way, annihilate the executive power of the
State Government to voluntarily acquire or
purchase land under Article 298.
10/22/2023 120

of 2016
• The quintessence of our Constitution is the rule of law. The State or
its executive officers cannot interfere with the rights of others
unless they can point to some specific rule of law which authorises
their acts. Every executive action, which operates to the prejudice
of any person, must have the sanction of law. The executive
cannot interfere with the rights and liabilities of any person unless
the legality thereof is supportable by law. By virtue of Article
162, the State or its officers cannot, in the exercise of
executive authority and without any legislation is support
thereof, infringe upon the rights of citizens merely
because the legislature of the State has the power to
legislate in regard to the subject on which the executive order is
issued.
10/22/2023 121

of 2016
• Every act done by the Government or by its
officers must, if it is to operate to the prejudice of
any person, be supported by some legislative
authority. The wisdom in exercising executive
power in matters which are governed by the
provisions of law is doubtful. Even if it be
considered necessary to do so, it cannot be so
utilised as to override the provisions of law.
Such a method ‘will destroy the very basis of the
rule of law and strike at the very root of orderly
administration of law.
10/22/2023 122

of 2016
• VII. DOES VOLUNTARY PURCHASE OF LANDS FROM WILLING LAND OWNERS,
UNDER G.O.Ms.No.123 DATED 30.07.2015, VIOLATE THE STATUTORY RIGHTS
OF AFFECTED FAMILIES, OTHER THAN LAND OWNERS, CONFERRED ON THEM
UNDER THE 2013 ACT?
• It is contended, on behalf of the petitioners, that the interests of the
marginalised and weaker sections of Society are adversely affected by the
voluntary parting of land by the landholders; the rights of these persons,
under the 2013 Act, is being circumvented by the executive act of the State in
purchasing land from land owners under G.O.Ms.No.123 dated 30.07.2015;
this results in arbitrary and irrational acts by the State; the landless
agricultural labourers,etc, are forced to abandon their only source of
livelihood, and migrate to places outside, resulting in violation of their right
to life guaranteed under Article 21 of the Constitution; the title of
G.O.Ms.No.123 is “Procurement of land and other structures thereon from
Willing Land Owners by the Procuring Agencies for public purposes”;
10/22/2023 123

of 2016
• there are two components in the land G.O., the first
conclusively decides a “purpose” as a “public purpose”, and
the second seeks to procure extents of land from certain
persons in a certain location for that purpose; in order to
exercise the power of acquiring/procuring land for a public
purpose, either under the 2013 Act or under Article 298 of
the Constitution, it should first be established that such
land is required for a public purpose; the questions that
need to be answered are how and when a purpose
becomes a public purpose?, and when it is conclusively
decided that only such extents and types of land, of such
number of people in a particular location, is required for
such a public purpose?;
10/22/2023 124

of 2016
• as the executive has the discretion in deciding on the extent and location of the land, and the
genuineness of the proposed public purpose, arbitrariness that strikes at the root of Article 14, in
the exercise of such discretion, must be prevented or eliminated; the 2013 Act is the
existing law that mandates a participatory, transparent and non-
arbitrary procedure to conclusively decide that the proposed purpose
is a public purpose, and only the required extent of a particular type
of land, of a particular number of people in a particular location, is
necessary for such purpose; the 2013 Act specifically provides for checks and
balances, and guarantees a right to transparency, to all project affected persons, in the
payment of compensation, and rehabilitation and
resettlement, to eliminate or alteast reduce the scope for arbitrariness; the Government
has commenced the tender process, for construction of the proposed irrigation projects, without
an Environment impact assessment, or a social impact assessment or even a declaration of the
public purpose; the Social Impact assessment, presentation of the findings of its impact in the gram
sabha, taking its opinion, scrutiny of the Social impact assessment report, recommendations by the
expert committee, approval/notification by the appropriate government under
10/22/2023 125

of 2016
• Chapter-II, and restriction on acquisition of certain types of lands under
Chapter-III, are the prior mandatory provisions required to be complied
with before arriving at a preliminary conclusion that the said land is
required for a public purpose; such a proposal transforms into a conclusive
decision only after issuance of (1) preliminary notification giving complete
details of the proposed public purpose and acquisition, and inviting
objections thereto; (2) disposing of the objections in a reasonable manner
after giving a reasonable opportunity to the project affected persons; a
conclusive declaration can only be made after conducting a household
survey, preparation, consultation with the gram sabha, and notification of
the R & R scheme for all the project affected families; only after such a
conclusive declaration, that such an extent of land of such a number of
people in such a location is required for such a public purpose, can
proceedings be initiated for determination of compensation, after
conducting an award enquiry and after passing an award; a negotiation
mechanism can be evolved and incorporated only after this stage;
10/22/2023 126

of 2016
• only then can purchase of lands, from the so called willing
land owners, be resorted to; it cannot be declared before
hand that certain lands are required for a stated public
purpose, and later seek objections from the remaining few,
on the proposed public purpose, as it would be a mockery
of the provisions of law, and against principles of natural
justice; the meaning and significance of Sections 2, 8, 11,
15, 16 and 19 of the 2013 Act should be understood in
accordance with the objectives of the 2013 Act; the power
of eminent domain of the State is severely restricted, and in
some instances even negated, by the provisions of the 2013
Act; and this paradigm shift, from the 1894 Land
Acquisition Act to the 2013 Act, should be taken into
consideration.
10/22/2023 127

of 2016
• On the other hand, the Learned Advocate-General for the State of
Telangana would submit that the State Government, pursuant to its
welfare obligations, is providing benefits, for those who are
dependent on the purchased land, vide G.O.Ms.Nos.190 and 191;
and an affidavit has also been filed, before this Court, to that effect.
• Certain sections of Society, such as agricultural labourers, village ,
scheduled tribes, forest dwellers, assignees etc do not own land,
but are dependent upon it for their survival, and their very
existence. Their right for rehabilitation and resettlement, on
acquisition of lands which would result in their displacement, is
protected by the 2013 Act. Can their rights be denied by the State
by resorting to voluntary purchase of land from willing land
owners under G.O.Ms.No.123 dated 30.07.2015?
10/22/2023 128

LARR 02.10.2020 Class Lecture.pptx

LARR 02.10.2020 Class Lecture.pptx

Recommended

Recommended

More Related Content

Similar to LARR 02.10.2020 Class Lecture.pptx

Similar to LARR 02.10.2020 Class Lecture.pptx (20)

Recently uploaded

Recently uploaded (20)

LARR 02.10.2020 Class Lecture.pptx