The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement) Rules, 2017
The Revenue and Disaster Management Department, Government of Tamil Nadu, issued G.O. Ms. No. 194, Revenue and Disaster Management [LA-I(1)], dated 8 June 2017, publishing draft statewide rules for compensation, rehabilitation and resettlement in land acquisition under the 2013 central Act. The draft sets procedures for acquisition requests, preliminary scrutiny, acquisition costs and Social Impact Assessment, and invited objections or suggestions within thirty days from its publication in the Tamil Nadu Government Gazette.
What the draft rules cover
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement) Rules, 2017 were published as draft rules applying throughout Tamil Nadu. They establish procedures for public purpose land acquisition, including initial requests, scrutiny by the Collector, funding and Social Impact Assessment.
People likely to be affected were given thirty days from Gazette publication to submit objections or suggestions. Submissions were to be addressed to the Secretary to Government, Revenue Department, Secretariat, Fort St. George, Chennai 600 009.
Who may be affected
The draft rules are relevant to:
- Owners, occupiers and families whose land may be acquired for a public purpose.
- Government departments, public sector undertakings and other requiring bodies seeking land.
- District Collectors and designated officers handling acquisition.
- Universities, colleges and organisations seeking empanelment to conduct Social Impact Assessment studies.
- Professionals reviewing acquisition costs, land records, project alternatives or rehabilitation requirements.
Acquisition request and preliminary review
A requiring body must apply to the concerned Collector in Form I. The application must include:
- A detailed project report and project sanction letter.
- Three copies of the Record of Rights and revenue maps for affected areas.
- The land classification, such as irrigated multi cropped, single cropped or wasteland.
- Any further information required by the Collector.
The Collector must form a committee for a field visit and preliminary enquiry. Its review includes whether wasteland or arid land is available, whether the requested area is the bare minimum, whether another location is feasible, and whether previously acquired but unused land can serve the purpose.
Costs and Social Impact Assessment
If the request complies with the 2013 central Act, the Collector prepares a preliminary acquisition cost estimate and directs the requiring body to deposit the required amount. The requiring body must also meet the balance cost and any excess amount awarded by an Authority or Court.
The draft creates a Tamil Nadu State Social Impact Assessment Unit under the overall control of the Commissioner. Key provisions include:
- Eligible university departments, colleges and reputed organisations may be empanelled as assessment agencies.
- The requiring body cannot participate in selecting the assessment agency.
- Project specific terms of reference, staffing, deadlines and costs must be prepared.
- The processing fee is ten per cent of the Social Impact Assessment fee.
- Assessment agencies must use land records, field visits, quantitative and qualitative data, and participatory methods.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Were these final land acquisition rules when published?
No. The Revenue and Disaster Management Department published them as draft rules and stated that they would be considered after thirty days from Gazette publication.
What checks must happen before my land is proposed for acquisition?
The Collector's committee must examine the public purpose, the minimum land required, possible alternative locations, available wasteland or arid land, and whether previously acquired unused land could be used.
Can the project authority choose the Social Impact Assessment agency?
No. The requiring body must not be involved in selecting the agency. The Tamil Nadu State Social Impact Assessment Unit selects an eligible agency from its empanelled agencies.
Who pays the land acquisition and Social Impact Assessment costs?
The requiring body must deposit the acquisition amount specified by the Collector and later meet the balance or any excess awarded. It must also deposit the Social Impact Assessment fee and the processing fee.
