Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Section 4 Social Impact Assessment (SIA) Notification Not Published - The absence of a published SIA report or failure to publish the SIA as required under Section 6 of the 2013 Act can be grounds to set aside the land acquisition award. Several judgments emphasize that the statutory requirement for publication and public consultation of the SIA report is mandatory for validity. For instance, it is stated that the Social Impact Assessment report is also required to be published as required under Section 6 of the Act, 2013 ["2017 0 Supreme(Guj) 1055"], and the publication of Social Impact Assessment study report and the Social Impact Management Plan... shall be made available in the local language ["2017 0 Supreme(Guj) 1055"]. The non-publication or improper publication of the SIA report undermines the legality of the acquisition process.
Legal Precedents on Not Published or Not Conducted SIA - Courts have consistently held that if the SIA report is not published or if the social impact assessment was not conducted, the acquisition proceedings, including notifications under Sections 11 and 19, can be invalidated. For example, No social impact assessment study was conducted, the impugned notification issued under Section 11(1), and the subsequent declaration issued under Section 19(1), of the 2013 Act must be set aside ["2018 0 Supreme(AP) 82"]. Similarly, the notification under Section 11(1) of the Act of 2013, with respect to the land... is hereby quashed and set aside where the SIA was not conducted or published ["2025 0 Supreme(Guj) 1496"], ["2018 0 Supreme(Gau) 355"].
Exemptions and Lawfulness of Notifications Without SIA - Some judgments recognize that exemptions from conducting SIA are permissible under specific conditions, such as urgency or when environmental clearance is obtained, but these are strictly interpreted. The Social Impact Assessment may be exempted at the threshold, that too by the Government and the Exemption Notification issued by the District Collector is not sustainable in Law ["2024 Supreme(Online)(AP) 364"]. When such exemptions are not properly issued or the process is not followed, the notifications and awards are liable to be set aside.
Impact of Non-Publication on Validity of Awards - The failure to publish the SIA report or conduct the assessment as per statutory requirements is a significant irregularity that can lead to setting aside the entire acquisition process, including awards and notifications. This is reinforced by the observation that the award dated 29.03.2023 is set aside where procedural lapses regarding the SIA are identified ["2024 Supreme(Online)(AP) 364"], ["2024 0 Supreme(AP) 959"].
Analysis and Conclusion:The legal framework under the 2013 Act mandates the preparation, publication, and public availability of the Social Impact Assessment report before land acquisition proceedings are finalized. If the SIA report is not published or the assessment is not conducted, the notifications and awards based on such proceedings are vulnerable to being set aside. Courts have consistently emphasized the importance of adherence to these procedural requirements to uphold the legality of land acquisition, and failure to do so can result in the entire process being invalidated.
Land acquisition disputes often hinge on , especially under India's . One critical question arises: Whether notification not published than award can be set aside? This issue strikes at the heart of transparency and public participation in land acquisition processes.
In this post, we delve into the legal framework, mandatory requirements, judicial precedents, and potential exceptions. While this provides general insights, it is not legal advice—consult a qualified lawyer for specific cases.
mandates the preparation of a study whenever the government intends to acquire land for a . This SIA evaluates the project's impact on affected families, communities, and the environment, ensuring informed decision-making.
The provision states: Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any or for a company, a notification to that effect shall be published in the Official Gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language... 2025 0 Supreme(Ker) 1328
Publication is not optional—it's designed to notify affected persons, invite objections, and foster transparency. Failure here can cascade through the entire process, from preliminary notification under to the final award.
Courts have consistently held that publishing the Section 4 SIA notification is a mandatory procedural requirement, not a mere formality. Non-compliance violates statutory mandates and principles of .
Key points include:- Transparency and Participation: Publication allows affected persons to review the SIA report, attend public hearings (Section 5), and raise objections before the declaration. 2025 0 Supreme(Ker) 1328- Statutory Obligation: explicitly requires gazette and newspaper publication, with public notices in the locality. Skipping this renders the process defective from inception. 2023 0 Supreme(Bom) 741
As emphasized in judicial interpretations, the publication of the report in accordance with is a mandatory procedural requirement. 2025 0 Supreme(Ker) 1328
If the Section 4 SIA notification is not published, the entire acquisition chain—from notification to award—may be invalidated. Here's why:
In one case, the absence of SIA publication led to directions for fresh proceedings from the stage: Ext.P8 Report and Ext.P9 report of the Expert Group... are set aside, with a consequential direction to take fresh steps strictly in accordance with law from the stage of 4(1) notification. 2025 Supreme(Online)(Ker) 39946
Several judgments underscore the gravity:
These cases illustrate that courts prioritize statutory adherence over expediency.
While non-publication typically dooms the process, exceptions exist, particularly balancing public interest:
These nuances show courts weigh factors like project stage, , and alternative remedies.
Recommendations mirror judicial advice: Authorities should strictly adhere to the statutory publication requirements... to ensure the validity of land acquisition. 2023 0 Supreme(Bom) 741
In conclusion, while the LARR Act emphasizes fairness through SIA publication, judicial discretion introduces flexibility. Landowners should act promptly on procedural flaws, and authorities must prioritize compliance. For tailored guidance, seek professional legal counsel.
This analysis draws from reported judgments and is for informational purposes only.
#LandAcquisition #SIANotification #LARRAct
Therefore, the Award dated 29.03.2023 is set aside and the Point No.4 is answered in favour of the petitioners. ... to be set aside. ... 9) The learned counsel further contends that the Social Impact Assessment may be exempted at the threshold, that too by the Government and the Exemption Notification issued by the District Collector is not sustainable in Law. ... Contentions were also raised wit....
Since we find that overwhelming public interest requires completion of the project in hand, we do not find it justified in larger public interest to set aside the award for absence of undertaking the Social Impact Assessment study. ... These facts would have to be borne in mind while considering the question as to whether the award dated 16.12.2020 is liable to be set aside for failure to undertake the So....
We may record, at the outset, that the learned counsel for the petitioner during the course of argument would submit that he is not challenging the notification under Section 10A for dispensation of Section 4, i.e. requirement of Social Impact Assessment Study, on any of the grounds available therein ... In essence, the petitioner seeks to challenge the entire acquisition proceedings beginning from the notification issued under #HL_....
Therefore, the Award dated 29.03.2023 is set aside and the Point No.4 is answered in favour of the petitioners. ... to be set aside. ... 9) The learned counsel further contends that the Social Impact Assessment may be exempted at the threshold, that too by the Government and the Exemption Notification issued by the District Collector is not sustainable in Law. ... ii) Whether the Notif....
It is submitted that even the Social Impact Assessment report is also required to be published as required under Section 6 of the Act, 2013. ... As per Sub Section (3) of Section 4, Social Impact Assessment study report referred to in Sub Section(1) shall be made available to the public in the manner prescribed under Section 6. ... Publication of Socia....
be quashed and set aside. ... Public hearing for Social Impact Assessment. ... Publication of Social Impact Assessment study. ... Sections 4 to 8 of the Act of 2013, provisions whereof stand extracted hereinafter. 4. Preparation of Social Impact Assessment study.
To facilitate the same Ext.P8 Social Impact Assessment Report and Ext.P9 report of the Expert Group produced in W.P.(C)No.27368 of 2022 are set aside, with a consequential direction to take fresh steps strictly in accordance with law from the stage of 4(1) notification. ... Section 4 of the Act, 2013 deals with preparation of Social Impact Study, which mandates that when a land is acquired for pub....
The Act of 2013 has conferred various duties on appropriate Government while taking steps for acquiring a particular land viz, preparation of social impact assessment study (Section-4), public hearing for social impact assessment study (Section-6) appraisal of Social impact assessment report (Section ... -7) examination of the proposal for land acquisition and t....
The Act of 2013 has conferred various duties on appropriate Government while taking steps for acquiring a particular land viz. preparation of social impact assessment study (Section-4), public hearing for social impact assessment study (Section-6) appraisal of Social impact assessment report (Section ... -7) examination of the proposal for land acquisition and t....
Section 4 of the 2013 Act for preparation of the Social Impact Assessment. ... The impugned circular does not deal with a scenario where Social Impact Assessment is exempted or acquisition acts like the National Highways Act 1956, or the 1955 Act, which is the relevant Act in the present petition, which does not require a Social Impact Assessment. ... study, i....
Rule 16 of the RFCTLARR (Kerala) Rules provides for uploading of the recommendations of the Expert Group on the website of the Government. Section 8 of the RFCTLARR Act deals with the examination of the Social Impact Assessment report by the appropriate Government, and decision of the appropriate Government, and the publication of that decision, including uploading it on the website of the appropriate Government. P1 notification, the District Collector, Kannur is the 'appropriate Government' to issue notification for Social Impact Assessment Study for public purpose in Kannur District under ....
Clause (ii) of the first proviso to sub-section (2) provides that in the case of acquisition for public private partnership projects, prior consent of at least seventy percent of those affected families, as defined in sub-clauses (i) and (v) of clause (c) of Section 3, shall be obtained through a process as may be prescribed by the appropriate Government; whereas the second proviso provides that the process of obtaining consent shall be carried out along with the Social Impact Assessment study referred to in Section 4. Section 4 speaks about preparation of Social Impact Assessment ....
12. 14.12.2018 Draft SIA Report by the SIA Agency submitted. Appointment of Dr. A. Enoch as the Social Impact Assessment Agency (hereinafter SIA) 11. 27.11.2018 13. 18.12.2018 Publication of SIA Report and issuance of notice for public hearing published. Notification published for conducting Social Impact Assessment under Section 4(1) of the Act and under Rule 6 of the TNRFCTLARR (SIAC) Rules, 2014.
7. Thus, the procedure for rehabilitation and resettlement under Act 30 of 2013 can be summarized as follows: 7.ii Preparation of Rehabilitation and Resettlement Scheme by the Administrator. 7.i Preliminary notification under Section 11: This is after the evaluation of the social impact assessment report.
Once a land is notified under sub-section (1) of section 11, any person interested in such land may within sixty days from the date of the publication of the preliminary notification, object to— (a) the area and suitability of the land proposed to be acquired; (b) justification offered for public purpose; (c) the findings of the Social Impact Assessment report; after the objection are heard, the Government shall take a decision on the same. Once a notification is issued under Section 11 of the Act, stating that any land in any area is required or likely to be required for any public purpose,....
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