Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017
The Revenue and Disaster Management Department issued the Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017 through Government Order Ms. No. 298, dated 20 September 2017. The rules establish procedures for public purpose land acquisition, including preliminary review, funding and Social Impact Assessment. They apply throughout Tamil Nadu and came into force on 21 September 2017.
What the rules govern
The Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017 were notified by the Revenue and Disaster Management Department through Government Order Ms. No. 298, dated 20 September 2017. The Governor of Tamil Nadu made the rules under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The rules apply across Tamil Nadu. They set out how land acquisition requests are submitted and examined, how acquisition costs are funded, and how Social Impact Assessment studies are organised.
Who may be affected
The Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017 may affect:
- Landowners whose land is proposed for acquisition for a public purpose.
- People and families in areas covered by a Social Impact Assessment study.
- Government departments and public sector undertakings seeking land.
- Collectors and other designated revenue officers handling acquisition.
- Local bodies, Gram Sabhas and landowners where consultation or consent is required.
- Universities, colleges and other organisations seeking empanelment as Social Impact Assessment agencies.
Key procedures
The land acquisition process includes the following requirements:
- A Requiring Body must submit its request to the Collector in Form I with the detailed project report, project sanction, land records, revenue maps, land classification and any further information requested.
- The Collector must form a committee to inspect the area and examine whether the acquisition serves a public purpose, uses the bare minimum land, has considered alternatives and can use previously acquired but unused land.
- If satisfied, the Collector prepares a preliminary estimate of acquisition costs and directs the Requiring Body to deposit the required amount. The balance and any additional amount awarded by an Authority or Court must also be deposited when required.
- Urgency cases may be considered for exemption from a Social Impact Assessment study through the decision process specified in the rules.
Social Impact Assessment
The Social Impact Assessment notification must identify the project, land extent, affected area, study objectives, consultations, surveys, public hearings, consent requirements, timetable and disclosure arrangements.
The Tamil Nadu State Social Impact Assessment Unit commissions studies through eligible empanelled agencies. The Requiring Body cannot participate in selecting the agency. The unit prepares project-specific terms, a budget and a fee estimate. The Requiring Body must deposit the assessment fee and a processing fee equal to ten per cent of the assessment fee.
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Common questions
Do these land acquisition rules apply throughout Tamil Nadu?
Yes. The Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017 extend to the whole State of Tamil Nadu.
What does the Collector check before proceeding with a land acquisition request?
The Collector's committee examines the public purpose, whether only the bare minimum land is sought, whether an alternative location is feasible, and whether previously acquired but unused land can be used.
Can the department seeking land choose the Social Impact Assessment agency?
No. The Requiring Body must not be involved in selecting the Social Impact Assessment agency. Selection is handled by the Tamil Nadu State Social Impact Assessment Unit from its empanelled agencies.
Who pays for the Social Impact Assessment?
The Requiring Body must deposit the Social Impact Assessment fee and the processing fee. The processing fee is ten per cent of the Social Impact Assessment fee.
