Chapter II DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE

Each displaced family which is displaced shall get a one-time financial assistance up to Rs. 50,000 as transportation cost for shifting of the family, building materials, belongings and cattle or as decided by the District Collector.

Each displaced family having cattle or having a petty shop shall get one-time financial assistance of such amount as the Government may, by notification, specify subject to a maximum of Rs. 25,000 for construction of cattle shed or petty shop as the case may be.

Each displaced family of an artisan, small trader or self-employed person or an affected family which owned non-agricultural land or commercial, industrial or institutional structure in the affected area, and which has been involuntarily displaced from the displaced area due to land acquisition, shall get one-time financial assistance of such amount as the Government may, by notification, specify subject to a maximum of Rs. 25,000.

Each displaced family shall be given a one-time "Resettlement Allowance" not exceeding Rs. 50,000 only.

(1) The Government shall ensure that — (a) there is a legitimate and bona fide public purpose for the proposed acquisition which necessitates the acquisition of the land identified; (b) the potential benefits and the public purpose referred to in clause (a) shall outweigh the social costs and adverse social impact as determined by the Social Impact Assessment that has been carried out; (c) only the minimum area of land required for the project is proposed to be acquired; (d) there is no unutilized land which has been previously acquired in the area; (e) the land, if any, acquired earlier and remained unutilised, is used for such public purpose and make recommendations in respect thereof. (2) The Government shall examine the report of the Collector, if any, and the report of the Expert Group on the Social Impact Assessment study and after considering all the reports, recommend such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected. (3) The decision of the Government shall be made available in the local language to the Village Council or Local Council, Municipality, as the case may be, and the offices of the District Collector, the Deputy Collector and the BDO, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the Government. Provided that where land is sought to be acquired for any of the purposes as specified in sub-section (2) of Section 3, the Government shall ascertain as to whether the prior consent of the affected families as required under the proviso to sub-section (2) of Section 3, has been obtained in the manner as may be prescribed.

Where land is proposed to be acquired invoking the urgency provisions under Section 40, the Government may exempt undertaking of the Social Impact Assessment study.