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State of Kerala - Section

Section 12 in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (Kerala) Rules, 2014

12. The process of conducting Social Impact Assessment study.

(1)The Social Impact Assessment team shall collect and analyse a range of quantitative and qualitative data, undertake detailed site visits, use participatory methods such as focused group discussion, participatory rural appraisal techniques and informant interviews in preparing the Social Impact Assessment Report.
(2)All relevant project reports and feasibility studies shall be made available to the Social Impact Assessment process, as required. Any request for information from Social Impact Assessment Unit shall be met at the earliest and not later than ten days of its receipt. The District Collector shall be responsible for providing the information requisitioned by the Social Impact Assessment team.
(3)A detailed assessment based on a thorough analysis of all relevant land records and data, field verification, review and comparison with similar projects shall be conducted by the Social Impact Assessment unit. The assessment shall determine the following, namely:-
(a)area of impact under the proposed project, including both land to be acquired and areas that will be affected by environmental, social of other impacts of the project;
(b)quantity and location of land proposed to be acquired for the project;
(c)the land proposed for acquisition is the bare minimum required;
(d)possible alternative sites for the project and their feasibility;
(e)whether, the land proposed for acquisition in Scheduled Area is a demonstrable last resort;
(f)land, if any, already purchased, alienated, leased or acquired, and the intended use for each plot of land required for the project;
(g)the possibility of use of any public, unutilized land for the project and whether any of such land is under occupation;
(h)nature of the land, present use and classification of land and if it is an agricultural land, the irrigation coverage for the said land and cropping pattern;
(i)the special provisions with respect to food security have been adhered to in the proposed land acquisition;
(j)size of holdings, ownership patterns, land distribution, number of residential houses, and public and private infrastructure and assets; and
(k)land prices and recent changes in ownership, transfer and use of lands over the last three years.
(4)The Social Impact Assessment unit shall conduct the Social Impact Assessment studies as provided under sub-section (4) and (5) of Section 4 of the Act involving the nominated representatives of the Panchayats, Municipalities or Municipal Corporations in the affected areas.
(5)The Social Impact Assessment unit shall undertake site visits, collect relevant data on the project and the land proposed for acquisition is the bare minimum required for the project and whether alternate places have been considered and found not feasible for the proposed acquisition.
(6)The Social Impact Assessment unit shall request the land owners in the affected area to update their title or claims on the affected land with the appropriate authorities in Government to facilitate the land acquisition process.
(7)The Social Impact Assessment unit must compile a list of land owners affected by the Project so that consent if required under clause (b) of section 2 of the Act can be obtained from the appropriate land owners and other persons interested.
(8)The officers of the State Government shall respond promptly to request for information or assistance by the Social Impact Assessment unit conducting a Social Impact Assessment study entrusted to it.