Discussion
A State Government plans to acquire 50 acres of Scheduled Tribes (ST) land for an industrial park. As per the applicable law, the following steps are proposed :
(i) Preliminary notification
(ii) Social Impact Assessment (SIA)
(iii) Gram Sabha consultation/consent
(iv) Final notification
Which of the following statements is correct ?
Answer: C
The correct statement is that SIA and Gram Sabha consultation/consent are mandatory for ST land, and acquisition cannot proceed without consent.
Under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, a Social Impact Assessment under Section 4 comes first, and the preliminary notification under Section 11 follows it. For land in Scheduled Areas, Section 41 requires the prior consent of the Gram Sabha, Panchayat or autonomous District Council concerned, and treats acquisition there as a last resort.
So the Gram Sabha's role is not merely advisory, owner consent alone cannot replace it, and the final declaration can never precede the SIA, because the SIA comes before even the preliminary notification.
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