Case Note & Summary
The Petitioners, Manekbben Rama Tandel and Dharmesh Sukkar Tandel, are owners of land bearing survey Nos. 8, 10/1, 11/2, 11/3 of village Kathiria, Daman, admeasuring 12917 square meters and 4091 square meters. The Respondents issued two preliminary notifications both dated 17th November 2021 under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013) for acquisition of the Petitioners' property for expansion of a government hospital. Subsequently, two declarations both dated 14th February 2022 under Section 19 and two Awards both dated 25th April 2022 under Section 23 of the Act were issued. The Petitioners challenged these notifications, declarations, and awards on the ground that the mandatory requirement of conducting a Social Impact Assessment (SIA) under Section 4 of the Act was not complied with. The only SIA conducted was for different survey numbers (19/1, 19/2, 19/5, 19/6, 19/7, 19/8) pursuant to a notification dated 15th February 2019, which did not include the Petitioners' property. No SIA was conducted for the Petitioners' property. Additionally, no public hearing was conducted as required under Section 11 of the Act. The Respondents argued that the SIA report was prepared for the entire area and that the Petitioners' property was included later. The court held that the SIA is a mandatory prerequisite and must be conducted for the specific land proposed to be acquired. Since no SIA was conducted for the Petitioners' property, the preliminary notifications under Section 11 are invalid. Consequently, the declarations under Section 19 and the Awards under Section 23 are also invalid. The court allowed the petition, quashed the impugned notifications, declarations, and awards, and directed the Respondents to pay costs of Rs. 25,000 to the Petitioners.
Headnote
A) Land Acquisition - Social Impact Assessment - Mandatory Requirement - Section 4 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court held that conducting a Social Impact Assessment (SIA) is a mandatory prerequisite before issuing a preliminary notification under Section 11 of the Act. In the present case, no SIA was conducted for the Petitioners' property, and the SIA report relied upon was for different survey numbers. The court held that the acquisition proceedings are void ab initio for non-compliance with Section 4. (Paras 3-10, 20-25) B) Land Acquisition - Public Hearing - Mandatory Requirement - Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court held that a public hearing is mandatory before issuing a preliminary notification under Section 11. The Respondents failed to conduct any public hearing for the Petitioners' property. The court held that the preliminary notifications dated 17th November 2021 are invalid. (Paras 11-15, 26-30) C) Land Acquisition - Declaration under Section 19 - Invalidity - Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Since the preliminary notifications under Section 11 were invalid due to non-compliance with mandatory requirements, the declarations under Section 19 dated 14th February 2022 and the Awards under Section 23 dated 25th April 2022 are also invalid and set aside. (Paras 31-35)
Issue of Consideration
Whether the acquisition proceedings initiated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 are vitiated due to non-compliance with mandatory requirements of conducting a Social Impact Assessment under Section 4 and a public hearing under Section 11 of the Act.
Final Decision
The court allowed the petition, quashed the preliminary notifications dated 17th November 2021, declarations dated 14th February 2022, and awards dated 25th April 2022. The Respondents were directed to pay costs of Rs. 25,000 to the Petitioners.
Law Points
- Mandatory requirement of Social Impact Assessment under Section 4 of RFCTLARR Act
- 2013
- Mandatory requirement of public hearing under Section 11 of RFCTLARR Act
- Non-compliance renders acquisition proceedings void ab initio
- Preliminary notification under Section 11 must be based on SIA report
- Declaration under Section 19 must follow valid preliminary notification
