For verification of this paper, please visit on http://www.socialresearchfoundation.com/remarking.php#8

Democratic governance will be meaningless if governments do not ensure an effective and fully informed public participation in decision-making, in particular, in the impact assessment of infrastructure projects. Considering the increasing important effects that infrastructure projects have on public life, governments need to better take into account public participation not only to effectively engage the general public, but also to establish a more mutually beneficial government and citizen relationship. Social Impact Assessment (hereinafter ‘SIA’) is the process which is used to check the social, environmental and economic effects of a development project before coming into any final conclusion regarding establishment of that project. Indeed, development is an essential process so as to enable the society to attain a better standard of life. However, this development should not be at the cost of our environment and general public. The challenge before a developing country is to make a balance between economic development in consideration with environment protection. It requires active public participation in socio-environmental issues. The Government of India has laid down various policy guidelines pertaining to the protection of environment. For establishing any development project, it has to go through a lot of processes. But in the present chapter it is intended to analyse the perspective of public participation under SIA. That how SIA is working by initiating participation from general public and is trying to efficiently minimizing the adverse effects of the development projects in our country. Public participation is one of the basic principles for a successful SIA study. This is an opportunity in the hands of the general public so as to express their views on adverse effects of the development projects on social and environmental issues. This also brings a transparency between general public and the project development authorities. SIA helps to minimise adverse effects of the projects on project affected people. Public participation refers to the process by which the concerns of the local people regarding the adverse impacts of a project are ascertained and taken into account in the SIA study. Ideally public consultation should start from when the idea of the project is conceived and continue throughout the course of the SIA. The five main stages when public involvement can take place in the Impact assessment process are screening, scoping, impact analysis and mitigation, review of environment quality, and implementation and follow up. In the present research Paper, public participation in SIA under land acquisition laws are discussed and its legal framework in India is studied. It intends to analyse the perspective of public participation under SIA. That, how SIA is working by initiating participation from general public and is trying to efficiently minimizing the adverse effects of the development projects in India? That, how land acquisition laws are amended so as to introduce the concept of public hearing and minimize the adverse effects of development projects on common people, at the same time help the stakeholders for timely completion of the projects?

Baskaran (G. Baskaran, The Land Acquisition Act, 1894. (Central Act I of 1894) with The Land Acquisition (Tamil Nadu) Rules, Government Orders/Circulars, Board of Revenue Standing Orders and Case Laws (C. Sitaram & Co. 2000)) in his book “The Land Acquisition Act, 1894. (Central Act I of 1894) with The Land Acquisition (Tamil Nadu) Rules, Government Orders/Circulars, Board of Revenue Standing Orders and Case Laws” discusses that The Land Acquisition Act 1894 is one of the oldest enactments in India, enabling acquisition of land by the rulers for public purpose. The erstwhile colonial regime believed in the doctrine of the ‘eminent domain’ defined as the power of the Government to take private property for public use without the owner’s consent. The first enactment on acquisition of property was ‘The Bengal Regulation I of 1824’. It applied to the Presidency of Fort William and it enabled the Government to obtain land required for roads, canals and other public purposes. By Act I of 1850, the Regulation was extended to Calcutta and it also enabled Regulation I of 1824 to be used for acquiring lands for Railways. The Building Act XXXVIII of 1839 was the first legislation in Bombay for acquisition of land. In the Presidency of Fort St. George, Madras Act XX of 1852 was passed to acquire land for public purpose. Act VI of 1857 was the first statute that was enacted on land acquisition for the whole of British India, with the primary objective of acquiring land for the public purpose, under the governance of the East India Company. He further mentioned that in addition to The Land Acquisition Act 1894, special or local Acts like the Indian Telegraphic Act 1885, The Indian Railways Act 1890, The Indian Electricity Act 1910, The Madras District Municipalities Act 1920 and The Madras Town Planning Act 1920 were enacted to acquire land, subject to certain modifications mentioned in the respective special Acts. This book will be helpful for the researcher so as to study the historical perspective of Land Laws in our country.

Kahkashan, Y. Danyal (Kahkashan and Y. Danyal, “Land Acquisition in India-Past and Present” I Jamia Law Journal, 2016) discusses in this article about the laws relating to land acquisition in INDIA. The article here starts with the historical perspective related to land acquisition in India since past and further it discusses the latest LARR Act of 2013 up to the present scenario. This article analyses the law relating to land acquisition in India, the merits and demerits of the 1894 as well as the 2013 Acts and gives suggestions for the improvement of the same. The history of land acquisition began with the Bengal Regulation I of 1824 to promote British commercial interests. Land for construction of Railways was acquired under the said Regulation and finally the first Railway came up in 1853. The Bengal Regulation I of 1824 was replaced by Act I of 1850, by which the provision for land acquisition was extended to Calcutta town. By 1857, various laws on land acquisition were consolidated as Act VI of 1857 and it was made applicable to the whole of British India. The 1857 Act was replaced by the Land Acquisition Act (Act X of 1870). The Act of 1870 was repealed and the Act of 1894 was enacted for the purpose of facilitating acquisition of private land by the Government for public purposes. But the Act of 1894 did not provide any opportunity to the landowners/persons having interest in land to raise objection against the acquisition of land. Their objections were confined to the amount of compensation and matters connected thereto. Absence of opportunity to the landowners to raise objections to the acquisition led to large scale resentment among the landowners. This further led to the amendment of the 1894 Act in 1923 by which Section 5A was added under which any person interested in land which was needed or likely to be needed for a public purpose or for a Company, could within 30 days from the date of publication of the Notification under Section 4(1), file objections to the acquisition of the land plus under 5A (2), an opportunity of being heard was to be provided by the Collector to the person interested in the land. By this amendment, audi alterem partem which is the cardinal principle of Natural Justice was incorporated into the process of acquisition under the 1894 Act. This Act adopts a humane, participative, informed and transparent process for land acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other affected families. It makes provision for a just and fair compensation, rehabilitation and resettlement for the affected persons. It further ensures that the cumulative outcome of compulsory acquisition should be that the affected persons become partners in development leading to an improvement in their post-acquisition social and economic status and for matters connected thereto or incidental thereto. Researcher will intend to refer this study for having an overview of the process of land acquisition laws in India.

Fernandes (W. Fernandes, “The Land Acquisition (Amendment) Bill 1998 - For Liberalisation or for the Poor”, Indian Social Institute (New Delhi, 1999)) in his article on “The Land Acquisition (Amendment) Bill 1998- For Liberalisation or for the Poor” elucidates that on October 31, 1998, the Union Cabinet approved the Land Acquisition (Amendment) Bill 1998 drafted by the Ministry of Rural Area and Employment, Government of India. While approving this Bill, the Cabinet had rejected the draft National Rehabilitation and Resettlement Policy of displaced persons drafted by the same Ministry. The Government of India wanted to encourage Indian and Foreign investment, by making land acquisition easier than it is in the Land Acquisition Act 1894, as amended in 1984. As a result of the pressure that was mounted by the displaced people and NGOs, the Minister for Rural Development convened a meeting of NGOs on January 21, 1999 to discuss the Land Acquisition (Amendment) Bill 1998.

Astha Saxena (Astha Saxena, Land Laws in India (Routledge India; 1^st ed., September 23, 2019)) critically studies the laws regulating landownership patterns. Land and land law are woven into the fabric of our society and are therefore integral to the substantive questions of equality and developmental ideologies of the state. This volume uncovers the socio-economic realities that surround land and approaches the law from the standpoint of the marginalized, landless and the dispossessed. This book is divided into three parts and 9 chapters. Author undertakes an extensive survey of existing legislations, both at the Union and State level. The issues of land reforms; abolition if intermediaries and tenancy reform; need for redistribution; legal construction of public purpose and displacement, dispossession, compensation and rehabilitation all these issues are studies by the Author. In 1^st chapter of this book author has very finely discussed the Constitutional space for land reform laws and property rights. When our Constitution was originally constituted Right to property was one of our Fundamental right enshrined under Article- 19(1)(f) and Article-31. And it was declared under Article-31(2) that no property shall be compulsorily acquired except for a Public Purpose, and compensation shall be given for the property so acquired. Doctrine of Eminent Domain was the principle behind these articles that means any State has an inherent right to take any property for public use. By the Constitutional 25^th Amendment Act, 1971 the word ‘Compensation’ was removed and the word ‘Amount’ was added. In Constitutional 44^th Amendment Act, 1978, these two Articles were omitted. Now the present status is that Right to property is no more a fundamental right but is now a constitutional right as under Chapter-IV, Article- 300A. This book will help the researcher to study about the concepts of land ownership and other issues regarding land reforms. Further, to study about historical background of land laws.

G. Raghura m & Simi Suenmy (G. Raghuram & Simi Suenmy, Right to fair compensation and Transparency in land Acquisition, Rehabilitation and Resettlement ordinance 2014: A Process Perspective, (INDIAN INSTITUTE OF MANAGEMENT AHMEDABAD, W.P. No. 2015-07-03 July 2015))  in his paper “Right to fair compensation and Transparency in land Acquisition, Rehabilitation and Resettlement ordinance 2014: A Process Perspective” captures the policy processes leading to the right to fair compensation and Transparency in land acquisition, it makes the role and the influence of the three Primary stake holders-government, industry and landowners. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was welcomed by civil society organization who had been demanding the replacement of the colonial act though they felt that the new act had several loopholes. Land acquired can be transferred only for a public purpose and with prior approval from the government. In case land remaining unutilized after acquisition for a period of five years, the act empowered states to return the land either to the owner or to the State Bank. This Study could be referred by the researcher so to study about the facts which lead to the need of new law in our society.

T.L Raghu Ram and Ram Kumar Kakani (G. Raghuram & Simi Suenmy, Right to fair compensation and Transparency in land Acquisition, Rehabilitation and Resettlement ordinance 2014: A Process Perspective, (INDIAN INSTITUTE OF MANAGEMENT AHMEDABAD, W.P. No. 2015-07-03 July 2015)) in the report “Framework for Evaluation of Land Acquisitions in India” observed that sustainable development concerns are the basic premise on which the local communities oppose land acquisitions for infrastructure projects. The study focused on the issue of increasing resistance to land acquisitions. The study observed that despite having of Forest Conservation Act 1980, Environment Protection Act 1986 and Environmental Impact Assessment Notification 1994 for the management of social and environmental impacts of projects and resettlement and rehabilitation policies, opposition to land acquisition proposal has intensified further.

V. Ranganathan (V. RANGANATHAN, “Challenges of Land Acquisition”, 45 Economic and Political Weekly, 2010) in his study “Challenges of Land Acquisition” highlights the economic, social and ethical issues involved in land acquisition, whether achieved through the market mechanism of voluntary bargaining and through the government exercising eminent domain powers. This study illustrates these challenges through case studies about the determinants of success and failure in land acquisition. It states that the most eminent challenge for acquiring land was the adverse impacts on the landowners and poor farmers. This study will be referred by the researcher so as to analyse these challenges which came in land acquisition and to analyse that how par these are resolved after the LARR Act, 2013 came into existence.

Vikas Nandal (V Nandal, “Land Acquisition Law in India: A Historical Perspective”, International Journal of Innovative Research and Studies, 2014) in his study on “Land Acquisition law in India: A Historical Perspective” seeks to know the in-depth knowledge of the land acquisition process, in the land acquisition act, 1894. It further discusses the key issues in land acquisition, rehabilitation and resettlement policies during land acquisition in India. It has been noticed that in most cases rehabilitation and resettlement aspects that should follow land acquisition are often neglected, leaving the displaced population suffer the consequence of being uprooted from their land. It is important in the process of land acquisition to strike a balance between the need for land for development activities and the need to protect the interests of those impacted by the acquisition of land. In this study all the previous laws on land acquisition are discussed with a comparative analysis amongst them. Researcher intends to take help of this study so as to study the historical background of all the land acquisition laws in India.

Harshali Chowdhary (Harshali Chowdhary, Punjab & Haryana Land Laws (Central Law Publications, Allahabad, 1^st Edition, 2016), 521- 586) has covered the entire course on the land laws running in the Universities across Punjab and Haryana including Chandigarh in a simple, lucid and comprehensive language. The book thoroughly discusses the entire land laws of Punjab and Haryana in the light of legislative enactments and its amendments with the latest and the important case laws on each and every topic. The book has been divided into eleven parts covering all the major Acts with the Appendix of Dictionary of commonly used Revenue words. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been discussed in the 11^th part of this book. Statutary provisions have been interpreted for a better understanding by the Author in this book. This Act addresses concerns of farmers and those livelihoods, who are dependent on the land being acquired, while at the same time facilitating land acquisition for industrialization, infrastructure and urbanization projects in a timely and transparent manner. The Act represents a change in the legislative approach to land acquisition. It introduces the provisions for social impact analysis, recognizes non- owners as affected persons, a mode of acquisition requiring consent of the displaced and statutory entitlements for resettlement. In addition, it has restricted the grounds on which land may be acquired under the urgency clause. For deep understanding of the present Act and its provisions this book will be referred by the Researcher.

P. S. Khurana (P. S. Khurana, A Treatise on Land Laws in Punjab and Haryana (Shree Ram Law House, Chandigarh- India, 5^th edition, 2018), 20- 120) gives an introduction to land laws in Punjab and also to Land Acquisition Act. This edition of the book marks both an important contribution to the availability of the text books on the Punjab Land Laws and the author’s continuing interest in the interplay of land law principles, use and development of land and government policies on land. Author addresses the accessibility to written materials on Land Laws in the State of Punjab in a concise, authoritative and accurate manner. He precisely discusses the concept of Land Laws in the Constitution of India. Aimed at easy comprehension and interpretation of the Land Laws in Punjab, an earnest attempt has been made by the authors to undertake an in-depth analysis, fortified by latest case laws, of the different Acts comprising the Land Laws in Punjab. This book is mainly divided into ten parts. Author has explained The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in 3^rd part of this book. This part is further divided into XIII Chapters and four Schedules as per the Bare Act provisions. He has finely explained the statutary provisions with the case laws and interpretation given by the Courts in a very simple language. Researcher will refer this book for understanding the Act and for referring case laws thereof.

1. Importance of Public Participation

The need of public participation in SIA under LARR Act, 2013 is probably most widely recognized, for several reasons. First, public involvement process provides an opportunity to the local people to identify and understand the economic, environmental and social impacts of a proposed project. Comprehensive public participation can help identify potential negative impacts of the proposed projects. Therefore, decision-making need to follow the basic environmental observation of the proposed sight and cultural heritage to be considered a basic input which influences the decisions. The Cost Benefit Analysis (hereinafter ‘CBA’) of a specific developmental project is an effective tool of data analysis and decision-making.

An effective SIA seeks to identify both the indirect and direct effects of the project to ensure accuracy in cost benefit analysis. However, public participation cannot guarantee complete absence of confrontation over a proposed project, but can reduce and compromise the key conflict issues with the project executor. It also increases public awareness of the project and identifies opportunities for community ownership such as citizen monitoring of the project. Public participation can foster a more effective integration of economic, social and environmental concerns regarding infrastructure development.

Public participation could be ensured through a number of techniques. Some of which can be public meetings, Advisory panels, Open houses, Interviews, Questionnaires etc. Basic Principles that can be followed so to ensure a successful outcome while using public participation techniques are as[1]

1. Involve the diverse public: Identify and involve all potentially-affected groups and individuals. Relevant information must be provided to the general public regarding the executive summary of the project.

2. Analyse impact equity: Emphasize vulnerability of under-represented groups and emphasize on the

3. Focus the assessment: Deal with issues and public concerns that ‘really count’, not those that are ‘easy to count’.

4. Identify methods and assumptions and define significance in advance: define how the SIA was conducted, what assumptions were used, and how significance was determined

5. Provide feedback on social impacts to project planners: Identify problems that could be solved with changes to the proposed action or alternatives

6. Use SIA practitioners: Trained scientists employing accepted methods will provide the best results.

7.     Establish monitoring and mitigation programs: Manage uncertainty by monitoring and mitigating adverse impacts

8. Identify data sources: Use published scientific literature, secondary data and primary data from the affected area.

9. Information to Stakeholders: Sufficient time must be allowed to stakeholders to read, discuss and consider the information and to present their views. Response should be provided to the stakeholders about the issues and problems raised by them.

10. Maximum attendance of Parties: Maximum attendance of the stakeholders and general public should be ensured and free exchange of views should be ensured.

1.1 Benefits of Public Participation

Broad public participation is a cornerstone of responsible democratic governance and a fundamental prerequisite to achieve sustainable development. It moves beyond traditional methods of public consultations by creating opportunities for the open exchange of ideas, transparency, mutual learning, and informed and representative decision-making processes.

1.Strengthens Democracy: By engaging in the impact assessment of infrastructure projects, citizens are encouraged to exercise their democratic rights. As a result, assessment process becomes more representative. Openness to the public enables citizens to better assess impacts of development projects and gain a greater forum in which to present their concerns and cooperate with government. Therefore, insufficient public engagement limits the power of citizens to participate in democratic governance.

2. Increases Accountability: Public participation can contribute to an accounting of the social, economic, and environmental impacts of infrastructure projects and of how the costs and benefits will affect different segments of society. Therefore, public participation helps to ensure that stakeholders are accountable for their actions and responsive to public interests. By linking the public with decision-makers, citizen confidence in and support of impact assessment is strengthened.

3. Improves Process Quality: Meaningful public participation allows stakeholders to be better informed of different opinions and concerns and ensures that minimum adverse effects of development projects because they have been tested through a comprehensive process of review and revision before being approved. Public participation brings not only additional skills, knowledge, concerns, and ideas to the table, but also solutions that might not have otherwise arisen.

4. Manages Social Conflicts: Public participation can alleviate social conflicts, by bringing different stakeholders and interest groups to the same table to assess the impacts of infrastructure projects. Investment in public participation at an early stage of the impact assessment can minimize both the number and the magnitude of social conflicts arising over the course of the implementation of the development projects.[2]

5. Safeguards against Externalities: Active public participation can identify environmental and other externalities that might otherwise be overlooked. By paying attention to, for instance, the impact assessment of development projects in advance, public scrutiny can prevent future problems from arising.

6. Enhances Process Legitimacy: Meaningful public participation in the impact assessment of infrastructure projects will legitimize the projects and activities. Without significant public participation, citizens may feel manipulated and suspicious, which undermines an effective dialogue and can create distrust.[3]

2. International Framework for Public Participation

Public participation has emerged a key variable and most acceptable part of decision-making in most countries of the world today. The essence of participatory democracy is to ensure optimum participation of the people in the decision-making process, more especially, when decision is likely to influence the life of the people. EIA has provided valuable guidelines to many countries of the world for harmonized and sustainable development. Many transnational treaty documents have expressed the importance of public participation and the need to institutionalize it to move towards sustainable development. A lot of international agreements affirms the importance of public participation in decision making process.[4] Article 21 of the Universal Declaration of Human Rights, 1948[5] provides the basic right to participation. It recognizes the right to access information and participation as a human right. Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights[6] also ensure rights to freedom of opinion and expression, and to seek, receive and impart information through any media.  Principle 10 of the Rio Declaration on Environment and Development signed in Rio de Janeiro in 1992[7], by more than hundred heads of states world-wide, states three principles that gives the formulation of participation policy and regulations. These principles are: access to participation, access to information and access to justice. It establishes that:

“Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.”

Further, Chapter- 23 of The Agenda 21, UNCED, 1992[8] states that it is the right of every individual to participate in environmental impact assessment procedures and to participate in the decision-making process. The 1993 World Conference on Human Rights adopted the Vienna Declaration. It emphasized on participatory democracy and stated that: "Democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing. Democracy is based on the freely expressed will of the people to determine their own political economic, social and cultural systems and their full participation in all aspects of their lives."[9]

3. Legal Safeguards for Public Participation

A system of government can be established but what shape it will take is a matter of great importance for any nation. The outcome of democracy is not confined only to the presence of different ideological groups, but the quintessence of democracy is the successful participation of the people in the actual governance of the nation. The more noteworthy and more compelling the investment of the person in the decision-making process, the more successful the democracy will be because democracy is still just an idea which presently can’t seem to be reached by mankind.

India is a democratic Country in which all the three organs of the State namely legislature, executive and judiciary are equally responsible to protect and promote the wellbeing of development induced displaced persons. In our developing country the governments are very frequently initiating development projects which are adversely affecting the environment and human rights of displaced persons. Therefore, judiciary in India cannot be a mere mute spectator whenever the issues of vital importance such as environment and protection of basic human rights come before it. In an attempt to address the problem of poverty majority of the people in India who are unable to access the justice system of the country, an activist Judiciary created a new jurisdiction which has come to be known as “Public Interest Litigation”.

The Activism of the Supreme Court under Article 32 and of the High Courts under Article 226 in the past is most conspicuous in environmental and human rights matters, particularly, matters involving the environment and development projects.[10] The Supreme Court and High Courts frequently entertained Public Interest Litigation to enforce the basic fundamental rights of the poor, weak and neglected segment of the society. The Indian judiciary by defending environment and human rights of oustees has exercised judicial activism. The concept of PIL has been evolved by Courts in India for the purpose of defending interests of the weaker sections of the society. It is a powerful tool in the hands of public-spirited individuals and social action groups for fighting against injustice. Underlining the significance of PIL in protecting and promoting the human rights of the people of India, the former Chief Justice of India, P.N Bhagwati has rightly observed that the “Supreme Court has developed the innovative strategy of Public Interest Litigation for the purpose of making basic human rights meaningful for the large masses of people in the country and making it possible for them to realize their social and economic entitlements.”[11] The judicial activism has a conspicuous reflection in Article 21 of Indian Constitution. The wide and expansive interpretation given to Article 21 by courts especially Supreme Court has created human rights and environmental rights jurisprudence in India. In the past large number of cases came before Supreme Court and the High Court where the basic human rights of the poor and cause of environment, both were, protected and priority was given to them. Especially during the 80s, there were several path breaking judgements of the Courts which kept this hope alive. However, with the passage of time deviation was noticed in judicial approach on the issues of environment and human rights. The governments are in their zeal to speed up economic growth favoured to undertake more and more development projects. Under such circumstances various situations have come up before the Courts raising question of vital importance such as question of human rights of displaced population.

Over the past sixty years, India has developed strong constitutional provisions for the safeguarding of the rich environmental heritages through environmental policies, legislative frameworks and well-established institutions at the national and state level. The constitution of India, through Articles 48(a) and 51(a)(g), has articulated the responsibilities of the central government and citizens for ensuring protection and improvement of the environment. Therefore, the Ministry of Environment and Forest in both centre and state level are responsible for regulating and executing environmental policy in India.

The Central Pollution Control Board (CPCB) which was established in 1974 provides all types of technical help to the MoEF. The constitution of India has empowered the citizen of India to challenge any project if it threatens the right to life of an individual mentioned in the Article 21 of Indian constitution.[12]

In addition to various constitutional provisions the people of India conferred the right to file Public Interest Litigation[13] (PIL) to challenge any developmental projects if, it risks the safety of the people. The Supreme Court and the High Courts in India are empowered to ensure the constitutional right of a healthy environment to the citizen of India by enforcing environmental law through PIL.[14]

In a recent constitutional development, the government has enforced the Right to Information Act (hereinafter ‘RTI’) to bring transparency and accountability in public offices. The RTI Act, 2005 is a major landmark in this regard and enhance public participation through information disclosure. The act makes it statutory to PCBs to make information available to the public regarding the effects of pollution, the need to prevent and control pollution and to protect the environment.[15] In India the RTI Act is still in its nascent stage, therefore, the government of India seeks to explore ways and devices to make it more practical and accessible to the people. The Information and Facilitation Counter (IFC) launched by the MoEF in December 2005 is an excellent initiative to make information easily available in the required matters.[16]

By way of laws such as Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; Airports Economic Regulatory Authority of India Act, 2008; The Insolvency and Bankruptcy Code, 2016, EIA Notifications etc. constant efforts were made to achieve more extensive public participation, at every possible opportunity and whenever required, keeping in the view the productivity of administration and rule of law.

4. Land Acquisition in India

Land acquisition in India refers to the process by which the Union or a State government in India acquires private land for the purpose of industrialisation, development of infrastructure facilities or urbanisation of the land, and provides compensation to the affected land owners and their rehabilitation and resettlement.^[17] The Government has sovereign authority under the doctrine of eminent domain to acquire land in the public interest subject to the condition that owner of the land is compensated in lieu of land.[18] The doctrine of eminent domain states that the sovereign can do anything, if the act of sovereign involves public interest. The doctrine empowers the sovereign to acquire private land for a public use, provided the public nature of the usage can be demonstrated beyond doubt. The doctrine is based on the following two Latin maxims, Salus populi suprema lex (Welfare of the People is the Paramount Law) and Necessitas publica major est quam (Public Necessity is Greater than Private Necessity).[19]

The Government undoubtedly requires land for enforcement and implementation of economic development, building infrastructure and rapid growth of the country. The Land Acquisition Act 1894 is one of the oldest enactments in India, enabling acquisition of land by the rulers for public purpose. The first enactment on acquisition of property was ‘The Bengal Regulation I of 1824’. It applied to the Presidency of Fort William and it enabled the Government to obtain land required for roads, canals and other public purposes. By Act I of 1850, the Regulation was extended to Calcutta and it also enabled Regulation I of 1824 to be used for acquiring lands for Railways. The Building Act XXXVIII of 1839 was the first legislation in Bombay for acquisition of land. In the Presidency of Fort St. George, Madras Act XX of 1852 was passed to acquire land for public purpose. Act VI of 1857 was the first statute that was enacted on land acquisition for the whole of British India, with the primary objective of acquiring land for the public purpose, under the governance of the East India Company. He further mentioned that in addition to The Land Acquisition Act 1894, special or local Acts like the Indian Telegraphic Act 1885, The Indian Railways Act 1890, The Indian Electricity Act 1910, The Madras District Municipalities Act 1920 and The Madras Town Planning Act 1920 were enacted to acquire land, subject to certain modifications mentioned in the respective special Acts.[20]

The provisions of the Land Acquisition Act, 1894 was found inadequate in addressing the issues related involuntary acquisition of land. There were demands from the civil Society for providing a comprehensive legislation on land acquisition, rehabilitation, resettlement and compensation. In order to overcome the inefficiency and drawbacks of the Act, the Land Acquisition Act, 1894 was repealed and replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Act of 2013 made an attempt to be a comprehensive legislation of land acquisition in India which is enacted to create a balance between both economic development and protection to the rights of common man.

4.1 The Land Acquisition Act, 1894

The Land Acquisition Act of 1894 was imposed in India since the time of British rule. The Government had unlimited power and the landowner was left with no choice except to part with land or property.  Under this Act, the government could acquire any land in the name of “public purpose”. After independence, this practice continued whereby Indian governments, both at the central and at the state level, acquired large amounts of land for various kinds of development and infrastructure projects, such as roads, highways, ports (air and sea), power projects (thermal, hydro and nuclear) etc. Thus, land acquisition under the colonial Act of 1894 raised vital issues relating to public purpose, displacement, rehabilitation and resettlement, compensation, misuse of urgency clause etc. The forced acquisition of land without a free consent of the landowners under the colonial law would be problematic. This approach of compulsory acquisition of land violates the democratic fabric of the Constitution of India. 

4.2 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

In 2013, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (hereinafter ‘LARR’) Act, 2013 was enacted by the Parliament of India. The legislation replaced the century old colonial land acquisition law. As the name suggests this Act gave a lot of protections and rights to the affected people whose land has been acquired for “Public Purpose”[21]. When government acquires the land directly for ‘public purpose’ consent of the land owner is not required. However, when the government acquires the land for private companies, the consent of at least 80% of the project affected families shall be obtained through a prior informed process. In case of acquisition of land for public-private project then the consent of at least 70% of the affected families should be taken. The payment of compensations that are up to four times the market value in rural areas and twice the market value in urban areas. Land acquired for one purpose cannot be used for another purpose.[22] This is the very first law that links land acquisition and the accompanying obligations for resettlement and rehabilitation. Over five chapters and two entire Schedules have been dedicated to outlining elaborate processes (and entitlements) for resettlement and rehabilitation. The Second Schedule in particular outlines the benefits (such as land for land, housing, employment and annuities) that shall accrue in addition to the one-time cash payments. Before the acquisition process starts the government has to carry out a social impact study along with consultation involving local authorities viz. Gram Sabha, Municipality. The purpose of the study is to make public the intended ‘public purpose’, the people affected, extent of acquisition etc. The report is submitted to an expert committee who can after due consideration can also disapprove the project. But the government can override the disapproval of the committee. To address historical injustice the Act applies retrospectively to cases where no land acquisition award has been made. Also, in cases where the land was acquired five years ago but no compensation has been paid or no possession has taken place then the land acquisition process will be started afresh in accordance with the provisions of this act.

While the new law is hailed as a progressive community-centric legislation, there have been concerns about the long-drawn processes. The implication of the higher compensation, Resettlement & Rehabilitation (hereinafter ‘R & R’) norms on the viability of the infrastructure projects has been another critical concern. On a general note, the high upfront costs, social resistances and all issues of concern with the land acquisition regime have resulted in the increasing tendency on the part of the government to look for alternative ways to assemble land for urban infrastructure. 

5. SIA under Land Acquisition, Rehabilitation and Resettlement Act of 2013

In 2013, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (hereinafter ‘LARR’) Act, 2013 was enacted by the Parliament of India. The legislation replaced the century old colonial land acquisition law. As the name suggests this Act gave a lot of protections and rights to the affected people whose land has been acquired for “Public Purpose”[23]. When government acquires the land directly for ‘public purpose’ consent of the land owner is not required. However, when the government acquires the land for private companies, the consent of at least 80% of the project affected families shall be obtained through a prior informed process. In case of acquisition of land for public-private project then the consent of at least 70% of the affected families should be taken. The payment of compensations that are up to four times the market value in rural areas and twice the market value in urban areas. Land acquired for one purpose cannot be used for another purpose.[24] This is the very first law that links land acquisition and the accompanying obligations for resettlement and rehabilitation. Over five chapters and two entire Schedules have been dedicated to outlining elaborate processes (and entitlements) for resettlement and rehabilitation.

Land Acquisition, Rehabilitation and Resettlement Act of 2013 (hereinafter ‘LARR, 2013) and Himachal Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2015 (hereinafter ‘H.P. Rules 2015’)[25] have provisions of Social Impact Assessment. In case of a land acquisition SIA is necessary and integral part. The entire process of socio- economic studies, SIA and formulation of R& R plans are done under this Act. While The Environment Protection Act, 1986 requires companies to conduct an Environmental Impact Assessment (EIA), the Land Acquisition, Rehabilitation and Resettlement Act of 2013 mandates compulsory Social Impact Assessments. An EIA is carried out when a project is situated in an area with low or no existing human habitation and assess impacts on both social and environmental issues; an SIA, on the other hand, analyses the social impact of the project on areas with large populations.[26] Section- 6(2) of LARR Act, 2013 makes it clear that Whenever EIA is carried out a copy of Social Impact Assessment Report shall be made available to the Impact Assessment Agency authorized by the Central Government to carry out environmental impact assessment. EIA studies the impacts from the infrastructure projects on the environmental and social components. Socio-economic profile of project affected people and its impact on agriculture are studied under EIA.

5.1 SIA and Public Participation

Land acquisition remains at the centre of many controversies and public policy paralysis in India. There are very few public policy issues in India that rival land acquisition in terms of its complexity, challenges and significance to country’s growth and transition to more urbanised and industrialised status.[27] LARR Act, 2013 has many provisions in which public involvement is made Compulsory. The entire process of socio- economic and Social Impact Assessment and formulation of R & R Plan entails regular engagement with the affected communities. As a matter of fact, community engagement is now an integral and the most important part of SIA as per LARR Act, 2013.

Public participation is a process that enables the project or policy outputs proposed through social impact assessment to be supported by large communities, and this process continues throughout the life of the project. Public participation serves as a tool to educate the community about the potential benefits and damages of the proposed project. Public participation creates increased community awareness of the current situation for the future for the affected population before a final decision is made. In addition, the public participation process can serve as a valuable data collection tool on specific social impact assessment variables.[28]

Social impact assessment is a systematic process that tries to determine the day-to-day effects on the quality of life of people affected by the environment by physical development and policy change. Social impact assessment identifies the current situation and predicts potential impacts on the community after the project is implemented. Impact assessment is important in monitoring and measuring against actual and predicted social impacts.

Social Impact Assessment: Although there is no single and universally accepted definition of social impact assessment, the content and subject are at the implementation stage of SIA and consist of distinguishable components. SIA practitioners mention five characteristics of SIA[29]:

a. SIA is the change of policy within individuals and social groups within a community or on the whole society in case another project continues, analyze, and make a systematic effort or decision to do so.

b. SIA is a comprehensive determination of an alternative for an alternative to develop the alternatives of the project’s actions.

c. SIA enhances knowledge on behalf of project advocates and the affected community.

d. SIA raises knowledge and awareness; Provides information flow to residents for better understanding of the domain name.

e. SIA includes a process to mitigate the social impacts that may occur if the action of action is desired by the community.

5.2 SIA not a substitute for EIA and EIA not a substitute for SIA

Environmental Impact Assessment (EIA) study, if any, shall be carried out simultaneously and shall not be contingent upon the completion of the Social Impact Assessment (SIA) study.[30] Section 6(2) of the Act provides that wherever Environment Impact Assessment is carried out, a copy of the “Social Impact Assessment report shall be made available to the Impact Assessment Agency authorised by the Central Government to carry out environmental impact assessment”.  Also, EIA not a substitute for SIA except in the situation envisaged by proviso to section 6. Proviso to section 6 of the Act provides that in respect of irrigation projects where “Environmental Impact Assessment is required under any other law for the time being in force, the provisions of the Act relating to SIA shall not apply”.[31] SIA is a time-bound exercise as “The appropriate Government shall ensure the completion of the Social Impact Assessment study within a period of 6 months from the date of its commencement”.

5.3 Publication of Notice

The Act provides that the whole exercise of consultation and SIA study is set in motion by a notification issued by the appropriate Govt. The Act provides that the notification by the appropriate Government for commencement of consultation and of the Social Impact Assessment study shall “be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and be published in the affected areas, in such manner as may be prescribed, and be uploaded on the website of the appropriate Government”.[32]

5.4 Public Hearing

Preliminary step in land acquisition under the Act starts with preparation of Social Impact Assessment (hereinafter ‘SIA’) under section 4 of the Act. Whenever the appropriate government intends to acquire land, it shall consult the concerned Panchayath, Municipality or Municipal Corporation as the case may be to carry out a social impact assessment study. Appropriate government (District collector, the sub divisional magistrate, Tehsildar) issued notification for the commencement of the Social Impact Assessment in consultation with panchayat, municipality or municipal corporations as the case may be, and notification shall be available in local language to the panchayat, municipality or municipal corporation and as well as it is uploaded in the appropriate government website. As per section 5 of the Act, public hearing for social impact assessment to ascertain the views of the affected families and to be recorded in the social impact assessment report.[33]

Social impact assessment report includes the following matters, namely:

a. Whether the proposed acquisition serves public purpose;

b. For estimation of affected families and among them likely to be displaced.

c. Extent of lands, houses, settlement and other colony to be affected by the property likely to be affected by the proposed acquisition;

d. Whether the land acquisition at an alternative place has been considered and found not feasible; and

e. To study the overall cost investment and benefits of the project.

Social Impact Assessment along with Environmental Impact Assessment shall be carried out. After the completion of the assessment report, Social Impact Management Plan along with the social impact assessment report made available in the local language to the panchayat, municipality or municipal corporation as the case may be. Same should be published in the affected area and uploaded in the government website. Social Impact Assessment Study should be completed within the six months from the date of its commencement. Government shall ensure public hearing in the affected area during the course of social impact assessment.[34]

Under section 7 of the Act an independent multi-disciplinary group shall evaluate the social impact assessment report. Multi-disciplinary group consists of two non-official social scientists, two representatives from panchayat or grama sabha, municipality or municipal corporation as the case may be and two experts on rehabilitation and one technical expert. The expert group within two months from the date of its constitution should submit its opinion that whether the proposed project will serve the public purpose and whether the potential benefits outweigh the social cost and adverse social impact and, whether the extent of land proposed to be acquired is the absolute bare minimum and whether there are no other less displacing options available.[35]

Under section 8(2) of the Act appropriate government after examining the report of the social impact assessment and report of the collector if any, recommended such area for acquisition provided it ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individual. Appropriate government will make sure that prior consent of the affected families in case of acquisition for private companies at least 80 per cent and at least 70 per cent in case of acquisition for private public partnership projects. Under section 9 of the Act appropriate government may exempt the land which is sought to be acquired by invoking the urgency clause (section 40 of the Act) from social impact assessment study. If preliminary notification is not issued within 12 months from the date of appraisal of the social impact assessment report submitted, then such report shall be deemed to have lapsed and a fresh social impact assessment shall be required to be undertaken prior to any acquisition.[36]

5.5 Objection from Interested Person

Under the section 15(1) of the LARR Act, 2013 any interested person[37] can raise an objection within sixty days from the date of publication of preliminary notification in writing and in person. As per LARR Act, 2013 Person interested means- (i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; (ii) the Scheduled Tribes and other traditional forest dwellers, who have lost any forest rights recognised under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007); (iii) a person interested in an easement affecting the land; (iv) persons having tenancy rights under the relevant State laws including share-croppers by whatever name they may be called; and (v) any person whose primary source of livelihood is likely to be adversely affected.[38]

5.6 Personal Hearing of Objections

Essence of the section 15(2) of the LARR Act is that personal hearing of objections of the person concerned and absence of such hearing renders the acquisition invalid from the inception. The collector after making inquiry of such objections has to forward the report to the government whose decision in this respect would be final. The enquiry under the section 15(1) is of quasi-judicial nature collector must give the objector an opportunity of being heard in person or by pleader. Under the section 15(3) decision of the appropriate government shall be final against objections of the interested person pertaining to acquisition.[39]

After considering such report made by the collector under section 15(2) of the present Act the government shall issue a declaration within twelve months from the date of the preliminary notification to acquire land for public purposes, PPPs or company. Declaration is a mandatory requirement for every acquisition. No such declaration shall be made unless the Requiring Body deposits an amount of compensation, in full or part, as may be prescribed by the appropriate government towards the cost of acquisition of the land.[40] Failure to give a personal hearing is fatal and renders the proceedings illegal.[41] A person having no right and interest in the land which is sought to be acquired, has no locus standi to file an objection and question the validity of the acquisition.[42] 

5.7 Declaration of notification

Power to acquire land is given by the Act. If the land is found suitable, a declaration containing the intention of the government to take over the land is issued. Before the declaration is issued under section 19 of the LARR Act it must appear to the appropriate government that the land in any locality is needed or is likely to be needed for any public purpose, then appropriate government after being satisfied with the report made under section 15(2) of the Act, a declaration shall be made to that effect, along with a declaration of an area identified as the “resettlement area” for the purpose of resettlement and rehabilitation of the affected families. Publication of summary of Rehabilitation and Resettlement Scheme is mandatory.[43]

Under section 19 of the LARR Act, publication of declaration that the land is proposed to be acquired is for public purpose or for a public or public-private company, in the official gazette and in two daily newspapers circulated in the concerned locality of which at least one shall be in the regional language and in the local language of the panchayat, municipality or municipal corporation as the case may be, and also uploaded in the website of the appropriate government. Section 20(6) further lays down that the declaration should be the conclusive proof of the fact that land so acquired by the government is needed for public purpose or for a company, as the case may be.[44]

Section 21 of the LARR Act requires the collector to cause a public notice on his website and at convenient places expressing government’s intention to take possession of the land. Under the clause (2) of the section 21 of the Act requires all persons[45] interested in the land to appear before him personally or by an agent or advocate not being less than thirty days and not more than six months after the date of publication of notice under section 21 of the Act. They shall State the nature of their respective interest in the land and make claims for compensation, their claims to rehabilitation and resettlement along with their objections, if any, to the measurement of land.[46] This section requires the collector to issue two notices, one in the locality of acquisition and other to occupants or people interested in lands to be acquired, and it is a mandatory requirement.

The final step of collector’s proceeding involves an enquiry under section 23 of the Act, collector shall conduct enquiry into the objections made by the interested persons in pursuant to a notice given under section 21, regarding measurements of land, value of the land at the date of publication of notification and making an award to persons claiming compensation and rehabilitation and resettlement. The enquiry involves hearing parties who appear with respect to the notices, investigate their claims, consider the objections and take all the information necessary to ascertain the value of the land, and such an enquiry can be adjourned from time to time as the collector thinks fit and award is to be made at the end of the enquiry. Compensation shall be determined under section 27 along with rehabilitation and resettlement award as determined under section 31 of the Act.

5.8 Consequences Unaccepted Award

An award of a collector is an offer of compensation made on behalf of the government. Claimant may not accept the award or accept it with protest, an award does not represent the market value of the acquired land.[47] Person who is not accepting the award or is accepting with protest has a right make an application to the collector to refer the matter to the Civil Court for determination of market value of the land acquired. Whereas under section 63 of the LARR Act, no Civil Court shall have jurisdiction to entertain any dispute relating to land acquisition in respect of which the collector has authority under the Act. Hence matter shall be referred to “the Land Acquisition, Rehabilitation and Resettlement Authority” under section 64 of the Act.[48]

1. Prem Kumar Dara, Introduction to Environmental Impact Assessment (Lambert Academic Publications, 1st ed. 2016). 2. World Resources Institute, “Closing the Gap. Information, Participation and Justice in Decision-making for the Environment” 65-66 (2002), available at: https://www.wri.org/research/closing-gap 2002 (Visited on January 20, 2022) 3. Josh Lerner, “Beyond Civil Society. Public Engagement Alternatives for Canadian Trade Policy”, Canadian Institute for Environmental Law and Policy 5-7 (2003). 4. G. T. McDonald and L. Brown, “Going beyond environmental impact assessment: Environmental input to planning and design” 15 Environmental Impact Assessment Review 483-495 (1995). 5. United Nations, Universal Declaration of Human Rights, available at: https://www.un.org/en/about-us/universal-declaration-of-human-rights (Visited on January 20, 2022). 6. United Nations Human Rights, available at: https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx (Visited on January 20, 2022). 7. Supra note 2. 8. United Nations, Agenda 21 UNCED 1992, available at: https://sustainabledevelopment.un.org/outcomedocuments/agenda21 (Visited on January 20, 2022). 9. Eric Dannenmaier, “Towards Civil Society Participation in the Americas” Memoirs of the Trade and Environment Workshops in the Quito Ministerial 68 (2002). 10. The Constitution of India, 1949. 11. P.N. Bhagwati, “Judicial Activism and Public Interest Litigation”, 23 Columbia Journal of Transnational Law 560 (1985). 12. Boyle, Alan, and Michael Anderson (eds), Human Rights Approaches to Environmental Protection 313 (Oxford: Clarendon Press, 1996). 13. Public Interest Litigation is an informal method of getting justice through filing a petition in Supreme Court and High Courts of India by the victim or on the behalf of the victim. 14. AECEN, Environmental Compliance and Enforcement in India: Rapid Assessment, 2006. 15. Ibid. 16. The World Bank Annual Report, 2006, available at: https://openknowledge.worldbank.org/handle/10986/7526 (Visited on May 10, 2022). 17. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 18. David A Dana, Reframing Eminent Domain: Unsupported Advocacy, Ambiguous Economics and the Case for a New Public Use Test (32 Vt. L. Rev. 129). 19. Y. V. Chandrachur, Concise Law Dictionary (New Delhi: LexisNexis Butterworths Wadhwa Nagpur, 2009). 20. G. Baskaran, The Land Acquisition Act, 1894. (Central Act I of 1894) with The Land Acquisition (Tamil Nadu) Rules, Government Orders/Circulars, Board of Revenue Standing Orders and Case Laws (C. Sitaram & Co. 2000). 21. Section 2(1) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 defines ‘public purpose’ as the project which involves land acquisition for strategic purposes or national security and defence of the country. For example-naval, military, air force, and armed forces of the Union, including central paramilitary forces etc. Other domain which falls under pubic purpose are- infrastructure projects, projects for housing for lower income groups or landless or to persons residing in areas affected by natural calamities or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government. 22. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, s. 99. 23. Section 2(1) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 defines ‘public purpose’ as the project which involves land acquisition for strategic purposes or national security and defence of the country. For example-naval, military, air force, and armed forces of the Union, including central paramilitary forces etc. Other domain which falls under pubic purpose are- infrastructure projects, projects for housing for lower income groups or landless or to persons residing in areas affected by natural calamities or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government. 24. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, s. 99. 25. In exercise of the powers conferred by section 109 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), the Governor, Himachal Pradesh proposes to make the Himachal Pradesh Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2015. 26. Oliver Gonsalves, India Briefing, “Obtaining Environmental Approvals in India”, India Briefing, available at: https://www.india-briefing.com/news/obtaining-environmental-approvals-india-17208.html/ (Visited on January 17, 2022). 27. Ibid. 28. R. J. Burdge, “Utilizing social impact assessment variables in the planning model. Impact Assessment”, 8(1-2) 85-99 (1990). 29. R. J. Burdge, R. A. Robertson, “Social impact assessment and the public involvement process. Environmental Impact Assessment Review”, 10(1-2), 81-90 (1990). 30. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Proviso to s. 4(4). 31. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, s 6. 32. Id. at s. 4. 33. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, ss. 4, 5, 6. 34. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, s. 5. 35. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, s. 7. 36. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, ss. 8, 9. 37. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, s. 3(x). 38. Ibid. 39. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, s. 15. 40. Supra note 28, at 118. 41. Farid Ahmed v. The Municipal Corporation, Ahmedabad, AIR 1976 SC 2095. 42. Brijmohan v. State of Uttar Pradesh, AIR 1967 All. 237. 43. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, s. 19. 44. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, ss. 19, 20. 45. Section 10 of The LARR Act, 2013 all persons include every other person possessing any interest in the land as co-proprietor, sub-proprietor, mortgage tenants. 46. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, s. 20. 47. Pratima Ghosh (Smt.) v. State of West Bengal, AIR 1973 Cal 283. 48. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, ss. 63, 64.