Determination of Social Impact and Public Purpose under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (RFCTLARR) Act, 2013
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-17 ISSUE NO:- 17 , NOVEMBER 06, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored by:-Mr. Shaik Sulthan , SRM School of Law Co-Author: Mr. Mahalingam V, SRM School of Law. Determination of Social Impact and Public Purpose under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (RFCTLARR) Act, 2013 ABSTRACT This paper highlights the paradigm shift in land acquisition process in India aftermath the enforcement of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013. This briefing focuses on the process of identifying and managing the social impacts on industrial projects., it’s policies, plans and for infrastructure development, urbanization which have a multiplier effect on economic development. This paper also dwells all the measures to be taken to mitigate negative impacts and identify opportunities to enhance benefits for local communities and broader society. While discussing the specific issues in land acquisition and identifying challenges in carrying out SIA study, the present paper proposes conducting SIA in a comprehensive and participatory way to assess the impact, make people aware and minimize resistance. The article argues for integration of Rehabilitation and Resettlement plan with National Skill Development Mission to capacitate the affected people for new sets of livelihood options. Land acquisition for such projects displaces many and causes loss of livelihoods in the short run, which also creates resistance. The imperfect nature of land market also creates additional bottlenecks for efficient land transfer. The RFCTLARR Act 2013 proposes for Social Impact Assessment (SIA) study to map and estimate costs and benefits to the people affected through the acquisition. Central to the principles and practice of SIA is the involvement of affected communities and other stakeholders in the process are also addressed. SIA should inform decision-making by government and companies from the early stages of a project. Equally important is the role of SIA in the ongoing management of social issues throughout the whole project right from acquisition of land, rehabilitation, and resettlement. As such, the social management plan that derives from an SIA is extremely important. It also considers some of the key challenges to implementing SIA in practice and offers some recommendations for future practice. Keywords: Social Impact Assessment(SIA), 2.Public Purpose, 3.Land Acquisition, 4.Displacement, 5. Livelihood, 6.Compensation, 7.Rehabilitation and Resettlement INRODUCTION The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (RFCTLARR) Act, 2013, was enacted to reform the process of land acquisition in India. Its main objectives are to ensure fair compensation to the landowners, provide adequate rehabilitation and resettlement to those displaced, and guarantee that the acquisition serves a public purpose with minimal negative social impact. A significant aspect of the RFCTLARR Act is the emphasis on determining the social impact and the public purpose of any land acquisition to protect the rights and welfare of affected communities. On January 1, 2014, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has come into force. This law replaced the Land Acquisition Act of 1894. The law regulates the acquisition of land by Government (Centre and states except J&K) for industrialization, development of essential infrastructural facilities and urbanization. It puts in place the rules for granting compensation, rehabilitation and resettlement to the affected persons. The law makes sure that he affected persons get fair compensation when their land is taken away:- Transparency is brought into the process of land acquisition. Adequate provisions are made for rehabilitation of the affected people. Local self governments including Gram Sabhas are consulted in the process of Land acquisition. The affected persons become partners in development post acquisition. Mandatory consent of at least 70% of affected people for acquiring land for Public-private partnership (PPP) projects and 80% for acquiring land for private companies. The 2013 Act follows a bottom-up approach, more so, because the requirement of the ‘social impact assessment’ [“SIA”] study has been added1. The bottom-up approach is a mechanism wherein decision-making originates from and involves lower levels as it proceeds upwards.2 The SIA study is to be done in consultancy with the most decentralized government of the region which may include but is not limited to municipal corporations and Panchayats.3It collates information pertaining to the number of affected families, the extent to which they will be affected, and other criteria to gauge the negative and positive impact that the probable land acquisition might have over the entire local community.4 More importantly, the outcome of the study is aimed at ascertaining whether the land acquisition serves a public purpose. This paper delves into the process and criteria for the determination of social impact and public purpose under the RFCTLARR Act, 2013, examining its significance, legal provisions, and practical implications. 1 The 2013 Act, S.4. 2‘Bottoms-up’ as defined in the Oxford English Dictionary, Version 11.7.712 (2020). 3 The 2013 Act, S.4(2). 4 The 2013 Act, S.4(4)(b). SOCIAL IMPACT ASSESSMENT (SIA) One of the major innovations introduced by the RFCTLARR Act is the mandatory Social Impact Assessment (SIA) for all land acquisitions. The SIA serves as a critical tool for evaluating the broader consequences of land acquisition on individuals, families, and communities. SIA is important in applied anthropology, as its main goal is to deliver positive social outcomes and eliminate any possible negative or long term effects.5 SIA is predicting in advance, the social impacts (social/ cultural, economic, Infrastructure and public services, physical cultural resources and intangible Cultural resources) likely to follow from a project proposal. Outcome: Proposing suitable steps necessary to prevent/contain harmful potential Impacts of proposed projects. The key objectives of the SIA are: Evaluating the potential impact on affected families, including their livelihood, social networks, and access to public utilities. Ensuring transparency and inclusivity, by involving stakeholders and giving them a voice in the assessment process. Identifying the benefits and drawbacks of the acquisition, including displacement, loss of livelihood, and potential social unrest. Determining the measures for mitigation, rehabilitation,