Land Acquisition Case Study

Ministry of Defense in North Sikkim

Planning Legislation & Professional Practice

GUIDED BY –
DR. VIDYA GHUGE

PRESENTED BY –
AAYUSHI GODSE
MT20UPL007
 The Right To Fair Compensation And Transparency In Land Acquisition,
Rehabilitation And Resettlement Act, 2013

Project Location and Description

The proposed acquisition area of 102 Ha, falls in three revenue blocks of Chungthang Subdivision-Lachung (73.9162 ha), Lachen
(25.2677 ha) and Chungthang (3.602 ha) and the entire land proposed for acquisition can be divided into two categories:
1) Those lands that have been under hiring of the army constituting 62.7294 hectares (61 percent of total land)
2) Lands under the occupation of the army without any formal taking over or payment of hiring charges i.e. 40.0565 hectares of land
(39 percent).

The acquisition process has been initiated following a direction by the Sikkim High Court to the requiring body to formally acquire
the land and pay the legally mandated compensation to the affected landowners. The direction of the Court was in response to the
representations from the landowners regarding non-receipt of compensation for land and dwellings under the occupation of the Army.

The proposed land acquisition is for use of Indian military for works relating to defense of India. According to the 2013 Act, the
provisions of the Act relating to land acquisition compensation, rehabilitation and resettlement applies when the government wants to
acquire land for its own use, hold and control and for public purpose - “strategic purposes relating to naval, military air force, and armed
forces of the Union, including central paramilitary forces or any work vital to national security or defense of India or State police and
safety of the people”.
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Study Methodology
Land acquisition proceedings were initiated with the Gazette Notification of the SIA Study on 13th November, 2019, five years after
the Court Order to expedite land acquisition proceedings and compensation payment.

Public Purpose
Examination of Social Impact Social Impact
Criteria (Section 2,
Alternatives Assessment Study Management Plan
Subsection 1(a)

Applicable Legislations and Policies

Article 371 F of Indian Constitution
Case Laws relating to Possession of Land Prior to Acquisition
The RFCTLARR Act, 2013 and Sikkim Rules

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Study Methodology of SIA
 Desk Review: documents from the district administration and requiring body, relevant legislations (the 2013 Act), relevant case laws
and literature review of socio-cultural life in Study Area.
 Secondary data analysis: demographic profile, educational status, workforce participation, poverty levels
 Land Survey: location and present use of required land
 Census Survey of Affected Families
 Socio-economic Survey: demographic features, work participation and employment, migration, indebtedness, household assets,
sources of income, factors contributing to livelihood
 Stakeholders’ Consultations
 Focus Group Discussion (FGD): with affected women members

SIA Team Composition

 Four-member research team from the Centre for Excellence in Management of
Land Acquisition, Resettlement and Rehabilitation (CMLARR), Administrative
Staff College of India (ASCI), Hyderabad including a Gender Expert. The
census/socio-economic survey was conducted using the services of Statistical
Investigators from DESME. The survey team was divided into two groups, each
group under a Group leader. The support for logistic planning for census survey
was provided by the State SIA Unit headed by the Deputy Director of DESME. 4
SIA Study Process

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Estimation of Impacts and Affected Families
 Directly Affected (Land Owners) Families
1) Landowners with Multiple Landholdings Proposed for Acquisition
2) Additional Landowners Considered
3) Land owners who are members of the same family
4) Displaced Project Affected Family
 Other Impacts and Impacted Households
1) Plots under possession of army and not notified for acquisition
2) Impact on access
 Vulnerable Households
1) Landless post acquisition
2) Women-headed households
3) Elderly households (Oldest of the Old)

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Social Impact Management Plan (SIMP)
 Strengthening Military-Local Community Engagement
 Hiring Charges and Interest for Delayed Payment
 Compensation for Land- LARR Act (Sections 26-30): The higher of the minimum stamp value applicable on transaction of land
(block rates) and average of the fifty percent of the transactions for three years. The value determined under Section 26 (1) is to be
multiplied by 1.5, the multiplication factor notified by the state government for lands in the rural areas. The following have to be
included in the market value arrived under Section 26. • Value of assets on land (trees, structures etc): Section 27 • Solatium @ 100
percent on the market value of land & assets: Section 30(1) • Additional Market Value @ 12 percent on the market value of land.

 Applicability of R & R for Affected families: All the landowners, are

recommended for lumpsum R & R entitlement of Rs. 5 lakhs and
Rehabilitation assistance of 50,000. The entitlements for expired
landowners may be apportioned between their legal heirs. The
entitlements for landowners with joint holdings/husband and wife may
also be shared.
 Proposed Entitlement Matrix
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 Monitoring and Evaluation  Budget Estimate

 Implementation Schedule

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Public Hearing on Draft SIA Report
 Section 5: Public hearing held on 3rd March, 2020 at Lachen and Lachung. The venue for the Public
Hearing was at Dzumsa in Lachen and Lachung. A special meeting was also organized at Meeting
Hall, SDM Office, Chungthang, to share the findings and recommendations of the SIA study to the
landowners who preferred meeting the Study team in the area rather than in Lachung/Lachen. A 15-
day period was further given to all stakeholders to give their suggestions on the draft report.

Conclusions And Recommendations

 Social Impact Assessment Study Report: Section (4-6) of the RFCTLARR Act, 2013
1. Whether the proposed acquisition serves public purpose; 2. Whether the extent of land proposed for
acquisition is the absolute bare minimum extent needed for the project? 3. Whether land acquisition
at an alternate rate place was considered and found not feasible; 4. Whether social benefits from the
project outweigh the social costs?

Mitigation Measures & Overall Recommendation for Acquisition

 A major recommendation of the Study besides the legally mandated entitlements to the landowners is strengthening the military-
local community engagement through an array of suggested measures.
 The Study has provisioned a budget of Rs. 23136.04 crores for effective implementation of the mitigation measures proposed in the
SIMP. The SIA Study recommends the proposed acquisition of land for defense project after ensuring the implementation of the
SIMP in an effective and holistic manner.
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Survey Format

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THANK YOU

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