Section 14 Land Acquisition Act 2013 - Lapse of Social Impact Assessment Report
Section 14 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides a time limit for acting upon an appraised Social Impact Assessment report. If the preliminary notification under Section 11 is not issued within the prescribed period, the report ordinarily lapses and a fresh Social Impact Assessment is required.
Section 14 - Lapse of Social Impact Assessment Report
Where a preliminary notification under Section 11 is not issued within twelve months from the date of appraisal of the Social Impact Assessment report submitted by the Expert Group under Section 7, the report is deemed to have lapsed. A fresh Social Impact Assessment must then be undertaken before acquisition proceedings under Section 11.
The appropriate Government may extend the twelve-month period where circumstances exist which, in its opinion, justify an extension. A decision extending the period must be recorded in writing, notified and uploaded on the website of the authority concerned.
Meaning and Scope of Section 14
Section 14 links the Social Impact Assessment process with the preliminary notification stage of land acquisition. The provision is intended to prevent an appraised Social Impact Assessment report from remaining indefinitely operative when acquisition proceedings do not progress to a preliminary notification within the statutory period.
| Requirement | Section 14 position |
|---|---|
| Starting point | Date of appraisal of the Social Impact Assessment report submitted by the Expert Group under Section 7. |
| Normal time limit | Twelve months for issue of the preliminary notification under Section 11. |
| Consequence of delay | The Social Impact Assessment report is deemed to have lapsed and a fresh Social Impact Assessment is required before proceedings under Section 11. |
| Extension | The appropriate Government may extend the twelve-month period if circumstances justify doing so. |
| Transparency requirement | The extension decision must be recorded in writing, notified and uploaded on the website of the authority concerned. |
Related Legal Provisions
Section 7 - Appraisal by Expert Group
Section 7 deals with appraisal of the Social Impact Assessment report by an Expert Group. Section 14 measures its twelve-month period from the date of appraisal of the report submitted by that Expert Group.
Section 11 - Preliminary Notification
Section 11 deals with publication of the preliminary notification and the powers arising upon such notification. For Section 14, the relevant event is whether this preliminary notification is issued within twelve months from the date of appraisal.
Appropriate Government
The expression "appropriate Government" is defined in Section 3 of the Act. Which Government is the appropriate Government depends on the acquisition and the statutory definition applicable to it.
Practical Effect of Lapse
Once the statutory conditions for lapse are met, Section 14 requires a fresh Social Impact Assessment before acquisition proceedings under Section 11. Where the Government relies on an extension, the statutory safeguards attached to that extension are important: the decision must be justified by circumstances, recorded in writing, notified and uploaded on the website of the concerned authority.
Official Legal Sources
The central Act can be checked through the official India Code portal. The Department of Land Resources, Ministry of Rural Development, Government of India administers matters relating to the RFCTLARR Act and publishes official land acquisition information and resources.
This article explains the central statutory provision for general legal information. State amendments, rules, notifications, judicial decisions and the facts of a particular acquisition may affect the legal position in an individual matter.