social impact assessment for land acquisition in revenue
TRANSCRIPT
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Social Impact Assessment for Land Acquisition in Revenue Estate Bakkarwala, West Delhi, Final Report, February, 2020
AUD State SIA Unit,
School of Human Ecology
Ambedkar University Delhi
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Submitted To: Land and Building Department Government of NCT of Delhi Submitted By: AUD State SIA Unit School of Human Ecology Ambedkar University Delhi Lothian Road, Kashmere Gate Delhi – 110006 Email: [email protected] The Social Impact Assessment (SIA) Report and Social Impact Management Plan (SIMP) for Land Acquisition in Bakkarwala in Hindi and English languages are available on the website of the West Delhi, Delhi. For print copies of the report, contact the AUD State SIA Unit. Website: http://web.delhi.gov.in/wps/wcm/connect/doit_dcwest/DCWest/Home/
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Contents Executive Summary ................................................................................................................................ 8
Chapter 1: Introduction ........................................................................................................................ 11
1.1 Project Description ............................................................................................................... 12
1.2 Project Proponent ................................................................................................................ 15
1.3 Need for the Social Impact Study ........................................................................................ 15
1.4 Layout of the Report .................................................................................................................. 17
Chapter 2: Approach and Methodology for the SIA Study ................................................................. 18
2.1 AUD State SIA Unit ..................................................................................................................... 18
2.2 Profile of the SIA Team .............................................................................................................. 18
2.3 Objective and Scope of Work .................................................................................................... 20
2.4 Approach of the Study ............................................................................................................... 20
2.5 Study Methodology .................................................................................................................... 21
2.6 Study Definitions ........................................................................................................................ 23
2.7 Sampling Design for the Survey ................................................................................................. 24
2.8 Focused Group Discussions ........................................................................................................ 25
2.9 Public Hearing and Social Impact Management Plan ............................................................... 25
Chapter 3: Public Purpose of the Project ............................................................................................ 26
Chapter 4: Land Assessment ................................................................................................................ 28
4.1. Introduction ............................................................................................................................... 28
4.2. Ownership and Use of Proposed Land Acquisition .................................................................. 28
4.3. Requirement for Acquisition..................................................................................................... 30
4.4. Past Instances Land Acquisition in Bakkarwala Village ........................................................... 31
4.5. The Price of Land in Bakkarwala Village ................................................................................... 31
Chapter 5: Analysis of Alternatives and Estimation of Bare Minimum Land ..................................... 36
5.1 Alternative Sites for the Proposed Road ............................................................................. 36
5.2. Bare Minimum Land .................................................................................................................. 36
Chapter 6: The Social Baseline: Socio-Economic Profile of PAFs ........................................................ 39
6.1 Socio-Economic Profile of the Study Region ............................................................................. 39
6.2 About Bakkarwala ...................................................................................................................... 40
6.3 Socio-economic profile of Joint households ............................................................................. 43
Chapter 7: Social Impacts of Land Acquisition .................................................................................... 48
7.1 Introduction ................................................................................................................................ 48
7.2. Loss of land due to proposed acquisition ................................................................................. 48
7.3 Loss of Immovable Assets .......................................................................................................... 50
7.4 Project Affected Families and Especially Vulnerable Families ................................................. 51
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Chapter 8: Public Hearing and Responses to the Draft SIA Report .................................................... 54
8.1 Preliminary Steps: Report Dissemination and Publicity ........................................................... 54
8.2 Proceedings of the Jan Sunwai .................................................................................................. 56
8.3 Response to objections and suggestions ............................................................................. 57
References ............................................................................................................................................ 61
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List of Figures
Figure 1.1: Location of Project Area in Bakkarwala
Figure 1.2: Map of Proposed Approach Road
Figure 1.3: Relevant sections of the RFCTLARR Act 2013 and RFCTLARR (SIA & Consent) Rules
2014
Figure 3.1: Kutcha road to the cremation ground
Figure 5.1: Analysis of Bare Minimum land
Figure 6.1: Late Tekchand’s Family Tree with 3 Joint Households, 9 landowner and 19 Project
Affected Families
Figure 6.2: Late Ranbir Singh’s Family Tree with 1 Joint Household, 1 landowner and 5
Project Affected Families
Figure 7.1: Permanent structure in Khasra no. 13
Figure 8.1: Public hearing posters in Bakkarwala
Figure 8.2: Pictures of the Public Hearing
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List of Tables
Table 1.1: Salient features of the Approach Road Project in Bakkarwala
Table 1.2: Layout of Chapters in the SIA Report
Table 2.1: Documents requested and received from authorities
Table 2.2: Key activities undertaken during SIA
Table 2.3: Summary of FGDs
Table 4.1: Details of Land use, landowners and project affected families
Table 4.2: Description of Landowners in Khasra no. 5/11, 12
Table 4.3: Description of Landowners in Khasra no. 5/13, 17
Table 4.4: Land acquisition in Bakkarwala: 1973-2011
Table 6.1: Districts and sub-districts of NCT Delhi
Table 6.2: Demographic profile of the project region
Table 6.3: Basic facilities as per district census handbook 2011
Table 6.4: Profile of joint household 1
Table 6.5: Profile of joint household 2
Table 6.6: Profile of joint household 3
Table 6.7: Profile of joint household 4
Table 7.1: Khasra wise estimate of loss of land for each landowner
Table 7.2: Details of total agricultural land ownership and loss for each landowner
Table 7.3: List of project affected families and vulnerable families
Table 8.1: Objections and suggestions of the project affected families and responses of the
SIA unit
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ABBREVIATIONS
AUD: Ambedkar University Delhi
DDA: Delhi Development Authority
FAQ: Frequently Asked Questions
FGD: Focus group discussions
GIS: Geographic Information System
L&B: Land & Building
LA: Land Acquisition
MCD: Municipal Corporation of Delhi
MLA: Member of the Legislative Assembly
NCT: National Capital Territory
PAFs: Project Affected Families
PAP: Project Affected Persons
PWD: Public Works Department
PWR: Participatory Wealth Ranking
RFCTLARR: Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
SHE: School of Human Ecology
SIA: Social Impact Assessment
SIMP: Social Impact Management Plan
Sq m: Square Meters
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GLOSSARY
Acre: Standard Unit of land measurement, equivalent to 4,046.86 square meters, or 4 Bigha
and 16 Biswa
Bigha: Approximately 1,008 sq m of land
Biswa: 1/20th of one Bigha
Gram Sabha: Village-level governance body, comprising of all adult residents
Kachcha: Temporary, roughly built structures
Khasra: Number denoting a land parcel in revenue records
Khata: Book of land records
Nallah: Drain
Patwari: Revenue Officer responsible for maintaining and updating land records
Tehsil: Sub-division of a district in North and Central India
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Executive Summary
Introduction
The Social Impact Assessment (SIA) study has been carried out for the proposed acquisition
of 1853 square meters of private agricultural land that is required for the construction of an
approach road to the cremation ground by the Public Works Department (PWD), Government
of National Capital Territory of Delhi.
The approach road is being constructed in the revenue estate of Bakkarwala (West District) in
the NCT of Delhi. The construction of road will require acquisition of private agricultural
land in Bakkarwala.
The SIA study has been carried out by the AUD State SIA Unit, School of Human Ecology,
Ambedkar University Delhi, as per the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013.
Public Purpose
The proposed acquisition is planned for the development of a basic infrastructure
facility in Bakkarwala village. The project fulfills the requirement of public purpose
since it is being constructed for the convenience of the village residents and is
included in the definition of public purpose in Section 2(1) of the Act.
Bare Minimum Land Requirement
The bare minimum land required for completing the project has been estimated by the
State SIA Unit to be 1853 square meters. This is equal to the land that is proposed to
be acquired by the Requiring Body (PWD). The criterion of bare minimum land is
satisfied, as per Section 4(d) of the Act.
Land Assessment
The land proposed for acquisition falls under Khasra numbers 11, 12, 13 and 17
under Rect no 5 of revenue estate Bakkarwala village. As per existing revenue
records, there are ten individuals in the village who own this land. Landowners have
willingly given the land to village residents for temporary use and it is being used as
an unpaved access road to the cremation ground by residents.
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In 2012, village residents, represented by the Nagarik Welfare Association, filed a
writ petition in the High Court of Delhi, demanding that Gram Sabha land be allotted
for construction of an access road. Since 2012, village residents have approached the
High Court of Delhi to ensure that a pucca road is built on the same location. Private
land is now being acquired by the Delhi government since no Gram Sabha land is
available near the cremation ground.
The affected families are only losing land and there is no other physical or livelihood
displacement associated with the acquisition. Therefore, the market value of land is
the key criterion that will mitigate the impact of this acquisition. Under Sections 23,
26 and 27 of the Act, the Collector is empowered to determine the market value of
land and award compensation. Landowners have suggested that the market value of
land should be determined in accordance with the revised and enhanced circle rates
recently proposed by the Cabinet of the Delhi government, after this proposal has
been duly approved and notified by the Hon‘ble Lieutenant Governor of Delhi.
Socio-economic Profile of Affected Families
The SIA unit has identified four (04) joint households that will be affected by the
project which includes twenty-four (24) affected families as per the definition of
―affected family‖ given in Section 3(c)(i) and Section 3(m) of the Act.
The affected families will not incur any livelihood loss or displacement due to the
proposed acquisition since the land is currently being used by village residents as a
temporary access road.
The 24 affected families include 12 families headed by women and 12 families
headed by men. Out of the 12 families headed by women, six families are headed by
widows. Thus, the SIA unit has designated these six families as an especially
vulnerable category.
The Social Impact of Land Acquisition
The social impact of land acquisition will be limited in this particular project since:
The land that is proposed to be acquired is only 1.9% of the total holdings of the
landowners who will lose their land due to acquisition.
The area proposed for acquisition is located outside the residential area of Bakkarwala
and none of the residents will experience any involuntary resettlement.
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The land is already being used as a temporary approach road to the cremation ground.
Thus, the impact of acquisition is limited to the loss of land.
Other than the loss of land, the only likely loss to an immovable asset will be in
Khasra No. 13, where a permanent structure may be partly demolished in order to
build the road.
After comparing the social costs of the project vis-à-vis the benefits that will accrue to the
community and residents of Bakkarwala village once the project is completed, the AUD State
SIA Unit is of the view that:
1. The proposed road project fulfils the criteria set by sub-section (4) of section 4 of
RFCTLARR Act 2013, which requires that the project serves the public purpose and
the bare minimum amount of land is being acquired for it.
2. The costs that will be incurred by the potential project affected families can be
mitigated and are not completely irreplaceable.
Therefore, land can be acquired as requested by the Requiring Body so that the project
can be completed. However, land should be acquired by the Land and Building
Department, GNCTD, keeping the following consideration in mind.
1. Compensation amount awarded to the project affected families and landowners
based on market value of land and as per provisions of the law.
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Chapter 1: Introduction
Social Impact Assessment (SIA) is a tool designed to ensure that planned interventions, such
as development projects, are implemented in a way that maximizes their benefits and
minimizes their costs, especially the costs borne by the community (Vanclay, 2003). In order
to be effective, Social Impact Assessments needs to be integrated into the planning stage of
development projects. In India, SIA as a planning and policy tool is a new development and
introduced specifically for those projects that involve the acquisition of private land and
involuntary resettlement (Mathur, 2016). In this case, the SIA study is carried out specifically
in order to ascertain the possible impacts of land acquisition on the local community.
The present SIA study has been carried out with regard to private agricultural land that is
required and is proposed to be acquired, for building an approach road to the cremation
ground in Bakkarwala in West District of National Capital Territory (NCT) of Delhi.
The Hon‘ble Lt. Governor of the National Capital Territory of Delhi assigned the State Social
Impact Assessment Unit1 at the School of Human Ecology, Ambedkar University Delhi
(AUD) (hereinafter referred to as AUD State SIA Unit) to carry out the aforementioned
Social Impact Assessment (SIA) study. The present SIA Report is an outcome of the study
carried out for the proposed acquisition of land for construction of the approach road to the
cremation ground in Bakkarwala, New Delhi (hereinafter referred to as ‗the project‘). The
SIA study has been conducted according to the procedure laid down in the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 and the Right to Fair and Transparency in Land Acquisition, Rehabilitation and
Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014.
1 The School of Human Ecology, AUD was identified as a Social Impact Assessment Unit in June 2017 by the
Hon’ble Lt. Governor for the NCT of Delhi to carry out SIA study for the acquisition of land under provisions of the RFCTLARR Act, 2013. This was in exercise of powers conferred under sub-rule (1) of rule 4 of the RFCTLARR SIA and Consent Rules, 2014 (Vide Notification No. F.8(2)/9/2015/ L&B/LA/2373 dated 13.06.2017) (see Annexure I).
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1.1 Project Description
The Public Works Department, herein after referred to as PWD Delhi, an agency of the
Government of NCT of Delhi, is constructing the approach road to the cremation ground in
Bakkarwala.
The intended acquisition is of 1853 square meter (0.1853 hectares) of private agricultural
land in Bakkarwala in Punjabi Bagh sub-division of West Delhi. The acquisition is proposed
for providing an approach road to the cremation ground. Table 1.1 provides further details on
the salient features of the project.
Table 1.1: Salient features of the Approach Road Project in Bakkarwala
Particulars Details
Name of the project Approach Road to Cremation
Ground
Total Area of Bakkarwala (in sq. m.) 12659457.9 sqm
Area Proposed for Acquisition (in sq. m) 1853 sqm
Total Length of the proposed road 308.85 m
Proposed Right of Way 6 m
Khasra numbers and the respective area proposed for acquisition
in each khasra
Khasra 11 456 sqm
Khasra 12 426.55 sqm
Khasra 13 427.33 sqm
Khasra 17 543.12 sqm
The road project site is located at Northern boundary of Bakkarwala, Delhi. The project
location is highlighted Figure 1.1. The co-ordinates of the project site are 28°40'17.058"N,
77°01'18.87209"E to 28°40'21.23419"N, 77°01'8.60804"E. The area falls under Zone ‗K‘ as
per Master Plan of Delhi 2021. The nearest highway is NH-10. The nearest metro station is
Mundka, at 3 km from the Bakkarwala. People use E-rickshaws to travel between the metro
station and Bakkarwala. The nearest airport is Indira Gandhi International Airport situated at
approximately 26 km.
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Figure 1.1: Location of Project Area in Bakkarwala
The proposed acquisition will impact 4 khasra in Bakkarwala. The distribution of impact on
these khasra is shown in Figure 1.2 (map of approach road).
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Figure 1.2: Map of Proposed Approach Road
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1.2 Project Proponent
The project proponent for the present project is the (PWD), Delhi an agency of the
Government of NCT of Delhi engaged in planning, designing, construction and maintenance
of built environment and infrastructure development. Assets in the built environment include
hospitals, schools, colleges, technical institutes, police buildings, prisons, and courts. Assets
in infrastructure development include roads, bridges, flyovers, footpaths, subways, foot over
bridges etc. PWD Delhi also sustains and preserves these assets through a system of
maintenance which includes, amongst other, specialized services like rehabilitation works,
roads signage and aesthetic treatments like interiors, monument lighting, landscaping etc.
1.3 Need for the Social Impact Study
Social Impact Assessment (SIA) is a tool for anticipating and mitigating the potentially
negative impacts of projects, such as building dams, roads, power projects, mining and other
development projects. SIA alerts project planners (public and private bodies) as to the likely
social and economic costs and benefits of a proposed project. The knowledge of the potential
costs, when weighed against the likely benefits of a project, helps decision-makers in
deciding whether the project should be carried out, with or without modifications, or
abandoned completely. The agency carrying out the SIA also develops a mitigation plan to
overcome the potential negative impacts on individuals and communities (Mathur, 2016).
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, (RFCTLARR) 2013, which replaced the Land Acquisition Act of 1894,
has been considered one of the biggest reforms in the arena of land governance. Carrying out
a Social Impact Assessment (SIA) study prior to land acquisition and the provision of
mandatory Free, Prior and Informed Consent from the Project Affected Families are two
striking pillars of the 2013 legislation which upheld democratic decision-making in the
country. Seeking consent of 70% (for PPP) and 80% (for private projects) of the landowners
before acquiring their land was made mandatory in the law to address serious injustice in the
earlier practice, where the State could take away an individual‘s home, farm or occupational
rights by exercising the power of eminent domain. SIA is the only mechanism today to
address the impacts of acquisition on the livelihoods of all those who do not own land but are
dependent on it. The purpose of the SIA is to ascertain whether a project proposed by the
developer is truly in the public purpose, and whether the project is located at a site which is
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least-displacing and requires the bare minimum amount of land. This is a pre-requisite to
formulate an inclusive and socially just rehabilitation and resettlement plans that improve the
well-being of Project Affected Families (PAFs). The purpose of SIA, coupled with public
hearings at the gram sabha, is to make the whole land acquisition process fair and
transparent, and a process that recognizes the rights of the local community and PAFs. The
study and the Social Impact Management Plan based upon it also attempts to ensure that all
affected families will have a right to compensation and rehabilitation in lieu of the land and
livelihoods lost by them.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, Act was introduced with an aim of ensuring a humane, participative,
informed and transparent process for land acquisition in collaboration with the institutions of
local self-government. The Act is applicable to the land acquisition being undertaken for
industrialization, urbanization and the development of essential infrastructural facilities. The
aim of this Act is to ensure the least disturbance to the owners of the land and other affected
families. This is to be achieved by providing just and fair compensation to the affected
families whose land has been acquired or is proposed to be acquired or are affected by such
an acquisition. This Act also requires for adequate provisions to be made for the resettlement
of such affected families. These provisions should ensure that as part of the cumulative
outcome of the acquisition, the social and economic status of the affected families should
lead to an improvement from the pre-acquisition status and result in the families becoming
partners in the development process.
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Figure 1.3: Relevant sections of the RFCTLARR Act 2013 and RFCTLARR (SIA & Consent) Rules 2014
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement SIA Consent Rules, 4102
In exercise of the powers conferred by sub- section (1) of Section 109 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013, the Government of India framed the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement (SIA Consent) Rules, 2014. These rules
are applicable in the case of Government of NCT of Delhi, and the land acquired within the
NCT of Delhi. Figure 1.3 provides a summary of the above-mentioned Act and Rules, as
applicable for the Social Impact Assessment study.
1.4 Layout of the Report Table 1.2: Layout of Chapters in the SIA Report
Chapter Title
Executive Summary
1. Introduction
2. Approach and Methodology
3. Public Purpose
4. Land Assessment
5. Analysis of Alternatives and Bare Minimum Land
6. The Social Baseline: socio-economic profile of PAFs
7. Social Impact Assessment
8. Public Hearing and Responses to Draft SIA report
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Chapter 2: Approach and Methodology for the SIA Study
2.1 AUD State SIA Unit
Ambedkar University Delhi (AUD) is a multi-campus university, specialising in teaching and
research in the humanities and social sciences, established by the Government of National
Capital Territory (NCT) of Delhi in 2007. The 13 academic Schools of the university are
located in three campuses in Kashmere Gate, Karampura and Lodhi Road, and cater to
students studying in BA, MA, MPhil and PhD programmes.
The School of Human Ecology (SHE) is one of the oldest schools of AUD with a mandate
of working on issues of ecology and society. It is among the first in Indian universities to
offer an interdisciplinary MA programme in Environment and Development. This MA
programme includes specialist courses taught by faculty, such as Environmental Impact
Assessment (EIA), Social Impact Assessment (SIA), Environmental Law Policy and
Governance (ELPG), Environmental and Ecological Economics (EEE), Urban Development
and Ecology (UDE) and Displacement, Resettlement and Rehabilitation (DRR). SHE is also
the first in India to offer a PhD programme in Human Ecology, an emerging discipline for
studying the intersections of human society, non-human beings and the biophysical
environment.
Senior faculty members of SHE have worked for international institutions like the World
Bank and International Finance Corporation (IFC) on projects related to resettlement and
rehabilitation (R&R). They also offer trainings on best practices in R&R to practitioners,
including public officials, researchers and NGOs. Faculty members have contributed to the
development of national and global law and policy frameworks on displacement and
resettlement. Their areas of expertise include livelihood restoration, SIA, risk and
vulnerability assessment and methods of valuation and cost-benefit analysis used in
environmental economics.
2.2 Profile of the SIA Team
The SIA study, survey, data processing, preparation of SIA including SIMP for the project
was undertaken by experienced and competent social scientists and guided by a
multidisciplinary team of expert consultants. Team members included experts in the field of
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land assessment, and GIS. These members are professionals in their respective and relevant
domain and finalization of the SIA report including SIMP. A brief bio-data of each of them is
provided in the following paragraphs.
Professor Asmita Kabra, School of Human Ecology
Prof. Kabra has over twenty years of experience of research and practice related to
displacement, resettlement and rehabilitation in different parts of the country. Prof. Kabra has
worked on a number of research projects, studies and consultancies related to conservation-
induced displacement in various Protected Areas in India. She has several publications in
edited volumes as well as reputed peer-reviewed academic journals related to displacement
and impact assessment, such as Impact Assessment and Project Appraisal, Land Use Policy,
Conservation and Society, Social Change and Economic and Political Weekly.
Dr. Budhaditya Das, Assistant Professor, School of Human Ecology
Dr. Das has extensive teaching and research experience in human-environment interactions
and issues of rural poverty and development in the Global South. He completed his PhD in
Human Ecology from the School of Human Ecology, Ambedkar University Delhi. His
doctoral work was on the history and transforming livelihoods of an Adivasi community
living in forest villages of Madhya Pradesh, India. He has many years of teaching experience,
having taught courses on gender, environment and development to postgraduate students in
three public universities in New Delhi, India. He is currently teaching Environmental Law,
Policy and Governance and other courses at the School of Human Ecology.
Ms Sonam Mahalwal, PhD Scholar, School of Human Ecology
Ms Mahalwal is a PhD scholar at the School of Human Ecology. She was a part of the first
SIA project of the AUD SIA Unit as a consultant. She has worked on various research
projects on the theme of displacement, relocation and livelihoods restoration. She is
proficient in field-based data collection methods and data analysis.
Mr Amit Kumar Srivastwa, PhD Scholar
Mr Srivastwa is a PhD Scholar at the School of Human Ecology at Ambedkar University
Delhi. He has previously worked on various research projects on the themes of ‘culture-
climate relations’, ‘water-security planning’, ‘village development program, ‘drinking water’
and ‘environmental education.
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2.3 Objective and Scope of Work
The assessment of social impacts as provided in this document, have been undertaken with
the following objectives:
i. To assess whether the proposed land acquisition for the project would serve public
purpose;
ii. To estimate the number of affected families, magnitude of land assets based on the
actual holdings of the families and the number of families among them likely to be
displaced physically or economically due to land acquisition;
iii. To identify the extent of lands, houses settlements and other common properties
likely to be affected;
iv. To examine whether the extent of land proposed for acquisition is the bare
minimum necessary;
v. To find out whether an alternative site has been considered for the purpose;
vi. To study the social impacts of the project by covering both direct land loser
households as well as the indirectly affected households due to loss of common
property resources (CPRs), socio-economic infrastructure etc. and the impact of
these costs on the overall costs of the project vis-a-vis the benefits of the project;
vii. To suggest remedial intervention measures by designing appropriate policies and
programmes through a social impact management plan or mitigation plan (SIMP).
2.4 Approach of the Study
The approach to the SIA study was based on the Social Framework for Projects which is an
overarching framework for SIA developed by Smyth and Vanclay (2017). People‘s well-
being lies at the heart of the Social Framework. The framework addresses all the
environmental and social issues that affect people‘s well-being which is impacted by large
projects. It encompasses people, community, culture, livelihood, infrastructure, housing,
environment and land, which needs to be taken into consideration in projects. It is not merely
limited to livelihood restoration, but works towards safeguarding the full retrieval of people‘s
well-being. It provides a tool to both practitioners and affected families to achieve overall
well-being and helping the projects reach their full potential of providing development
opportunities (Smyth & Vanclay, 2017).
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For establishing the social baseline and undertaking the social impact assessment of the
project, a participatory approach was adopted. All attempts were made to integrate local
community perspectives into the impact assessment process and in the identification of
suitable mitigation measures. The participative approach allowed for:
Triangulation of the information available from secondary sources and through the
qualitative information made available by the community residing at the project
site and landowners of Bakkarwala;
Formulation of the socio-economic baseline based on a combination of primary
qualitative and quantitative data;
Development of a proper understanding of the local community‘s perceptions of
the project and its activities, and the impacts likely to be caused by the
construction of the project, and the desirable mitigation measures;
The following section provides the methodology adopted for undertaking the baseline data
collection and impact assessment of the project.
2.5 Study Methodology
Review of Relevant of Documents
A desk-based review and assessment of the available primary and secondary data and
information for the project area, was carried out. Information about the project and the private
agricultural land was requested and received from the PWD Delhi, land owners of
Bakkarwala, and the District Magistrate‘s Office (West Delhi). The same has been shown in
Table 2.1. Detailed description of these documents and land assessment process is provided
in Chapter 5 of the report. Table 2.1: Documents Requested and Received from Authorities
Date Responsible Body Description of Information Received
30.08.2019 Land & Building
Department, Government of
NCT of Delhi
Notification declaring the School of Human Ecology as
the designated SIA Unit to carry out the Social Impact
Assessment study.
19.09.2019 Office of the District
Magistrate (West)
Copy of revenue records of the Khasra where
acquisition is proposed and copy of the approach road
drawing prepared by PWD was received.
29.09.2019 Office of District Magistrate
(West)
Received AutoCAD file and soft copy of the approach
road map.
30.09.2019 Office of Sub-Divisional
Magistrate
Complete revenue records of the PAFs received.
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Site Visits
Social Impact Assessment (SIA) process began with a screening of the significant and not so
significant impacts. A reconnaissance site visit was undertaken by the AUD State SIA unit
team on 20.09.2019, to understand all the components of the study such as type of land,
settlement pattern etc. After reconnaissance site visit, the SIA Unit conducted two site visits
to determine the scope of detailed household and infrastructure surveys. During these site
visits, it was confirmed that the land to be acquired is located in the Revenue Estate of
Bakkarwala. It was found that the most important and predominant use of the land by the
landowners is for agriculture, for growing crops and vegetables.
GIS Mapping of Land and Project Footprint
AUD State SIA Unit undertook the task of mapping the agricultural land that is proposed to
be acquired. The first step was to identify the footprint of the project and perambulated the
area of expected impact.
The process of Geographic Information System (GIS) was adopted for representation and
analysis of the geospatial data pertaining to the project and the project affected families. The
process helped in producing maps depicting the landholdings of individual project affected
families and the proposed area of acquisition. The determination of area, of individual
landholdings and proposed area of acquisition, was possible through the process. The results
of GIS Map can be seen in Figure 1.2 of Chapter 1.
Socio-Economic Survey and Focused Group Discussions
The principal method of assessing the social impact of the proposed land acquisition was
through a socio-economic survey and several Focused Group Discussions (FGDs). The
following survey instruments were used to elicit information in the process of data collection.
Detailed Interview Schedule for the Household Socio-economic survey;
Open-ended and semi-structured interview schedules for Focused Group Discussions
with Project Affected Families.
The AUD SIA Unit team ensured transparency, involvement and participation of landowners
and informed them about the process laid down under the new law of land acquisition. A
pamphlet was designed on Frequently Asked Questions on SIA, which covered questions like
what is the new RFCTLARR Act, 2013, what is SIA and the process of public hearing and
23 | P a g e
information about AUD State SIA Unit. A copy of the FAQ document is attached as
Annexure 2. The pamphlet were written in Hindi, the official as well as the local language of
the NCT of Delhi, in the interests of transparency and community participation in the process
of SIA.
The key activities conducted during the Social Impact Study by the SIA Unit team of the area
are shown in Table 2.2.
Table 2.2: Key activities undertaken during the SIA study
S.
No
Date Key activities
1. 20.09.2019 Reconnaissance Visit of the Project Area and meeting with the land owners to
apprise them about the SIA process and survey. The SIA Unit shared the
background and details of the Social Impact Assessment study. A pamphlet
containing Frequently Asked Questions (FAQs) related to Social Impact
Assessment was circulated along with a questionnaire eliciting basic
information of respondents.
2. 21.10.2019 to
15.11.2019
Socio-economic survey, key informant interviews, and Focused Group
Discussions.
3. 15.11.2019 Participatory Wealth Ranking Exercise
4. 30.10.2019 Meeting with the Patwari to understand the revenue records
5. 19.11.2019 Meeting with the Ward Councillor
6. 12.12.2019 Meeting with the MLA
2.6 Study Definitions
The following definitions were framed based on stakeholder consultations, mapping of the
project area and site visits.
Affected Area: As per clause (b) of section 3 in RFCTLARR Act 2013, affected area
is any area that is notified for the purpose of acquisition. In the present case, the
affected area is the private agricultural land in Bakkarwala revenue estate.
Joint Households: All households that share a common kitchen, and have joint
ownership of family assets like land, houses, cars and where individual salaries and
incomes are collectively used for household expenses.
Affected Family: As per sections 3(m) and 3(c), all adults of either gender, with or
without spouse or children or dependents, will be considered a separate family, and
any family whose land or other immoveable property has been acquired is considered
an ―affected family‖.
24 | P a g e
Landowners: As per clause (r) of section 3 in RFCTLARR Act 2013, landowners
are defined as those whose names are recorded in the revenue records. The study has
identified all the landowners who will get affected by the project and will be eligible
for monetary compensation as per the law. The list of landowners is provided in
Chapter 4 and Chapter 7.
2.7 Sampling Design for the Survey
Socio-economic data and information about livelihoods and assets ownership was collected
for all joint households. The interview schedule was in two languages, Hindi and English,
and the prior, informed consent of the respondents was sought before administering it
(attached as Annexure 3). Respondents had the right to see the information being recorded,
read their own responses, and the right to modify any information being noted by the SIA
Team during or after the interview.
Four Joint Households who are likely to be affected by land acquisition, were identified
through stakeholder consultations, perusal of land records and ground-truthing. These
joint households included 24 affected families. The family tree of the joint households
with 24 affected families is provided in Figure 6.1 and 6.2 in Chapter 6.
The survey was carried out with the purpose of generating information on the socio-economic
baseline of the above mentioned PAF‘s and for assessing the impacts. In addition, the survey
helped in ensuring the accuracy of information was verified through the triangulation with
FGDs, consultations and secondary data. The survey was designed in accordance with sub
rule (3) of rule 3, sub-rule (5) & (6) of rule 7 and rule 14 and Form-II of RFCTLARR, Rules,
2014 and included the following parameters:
Demographic Profile of the PAF‘s;
Land ownership and ownership of other immovable assets;
Education and Skill levels;
Occupational Profile;
Non-Farm Livelihoods and Farm Incomes;
Access to infrastructure and other essential developmental services;
Ownership of moveable assets and livestock;
Identification of vulnerable PAF‘s
25 | P a g e
2.8 Focused Group Discussions
Focused Group Discussions with project affected individuals and groups were carried out
with the objective of getting community feedback to understand existing socio-economic
conditions of the community, particularly of the vulnerable group such as elderly men and
women, residents of Bakkarwala. The objective of FGDs was to gather as much information
as possible about the lives of the project affected families, about the areas they live in, the
history of Bakkarwala, the land use arrangements etc. In order to obtain information
regarding possible impacts of the project on the PAFs and in general on the residents we
conducted FGDs with a mixed group. The details of the FGDs are provided in Table 2.3.
Table 2.3: Summary of Focus Group Discussion
2.9 Public Hearing and Social Impact Management Plan
According to Section 5 of RFCTLARR Act, 2013 and sub-rule (1) to (11) of rule 8 of
RFCTLARR, rule, 2014, a public hearing will be conducted three weeks after submitting the
draft SIA report and the draft Social Impact Management Plan. The goal of the public hearing
will be to share the main findings of the SIA Study in the Study Area and seek views of all
stakeholders and Project Affected Families on findings, add any additional information.
Information and views received during the public hearing will be incorporated in the final
SIA Report as per clause 8(10) of RFCTLARR (SIA & Consent Rules) 2014. Also as per
clause 8(9), complete and unedited video footage and transcript of the public hearing will be
submitted along with the analysis in the revised SIA Report. After the public hearing, a final
report will be submitted along with a separate Social Impact Mitigation Plan for the project
affected families.
Accordingly a public hearing was conducted on 18th
February 2020 as per the provisions
outlined above.
Date Focused group Summary of the FGD Outcomes
05.11.2019 Female members of the PAFs FGD about the status and role of women in the family
05.11.2019 Elder residents FGD about history of Bakkarwala
15.11.2019 Mixed group of Bakkarwala FGD about broad socio-economic profile of Bakkarwala
26 | P a g e
Chapter 3: Public Purpose of the Project
According to subsection (1) of Section 2 of the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the government can acquire
land for its own use, hold and control, including for Public Sector Undertaking and for a
public purpose, and public purpose includes the following:
a) Strategic use by the armed forces, paramilitary, state police for national security;
b) Infrastructure projects except for private hospitals, private education institutions and
private hotels;
c) Projects related to industrial corridors, mining, national investment and manufacturing
zone, sports, healthcare, tourism and space programmes;
d) Housing projects for income groups specified by government;
e) Projects planned for development of village sites, residential areas for lower
income groups in urban areas;
f) Projects involving agro-processing, warehousing, cold storage, marketing
infrastructure, dairy, fisheries and meat processing cooperatives.
Aforementioned point (e) allows the government to acquire land for a project that is planned
for the development of the village. Since the project involves the construction of an approach
road to the only cremation ground of Bakkarwala, the acquisition of land for the same can
undoubtedly be defined as public purpose as per the definition of RFCTLARR Act, 2013.
During the FGD, people shared the difficulties that they face while taking the dead bodies for
cremation to the cremation ground. The connecting path from the main road to the cremation
ground passes through agricultural fields. It is reported that residents of the area find it
difficult to cross the fields while the crop is standing, and also during the rainy season (also
evident in Figure 3.1). Considering that this is the only cremation ground that Bakkarwala
has, the nature of the public purpose for which the acquisition has been proposed is justified.
27 | P a g e
Figure 3.1: Kutcha road to the cremation ground
28 | P a g e
Chapter 4: Land Assessment
4.1. Introduction
The village of Bakkarwala is one of 357 villages of the National Capital Territory (NCT) of
Delhi located in the Punjabi Bagh Division of West Delhi district. The village falls in the
Mundka ward of Vikaspuri constituency of NCT‘s Legislative Assembly and the West Delhi,
Lok Sabha constituency. The population of Bakkarwala village was 18,122 as per the 2011
Census and hence it was classified as a Census Town (CT) along with six other villages. The
village is spread over an area of 6.61 square kilometers/661 hectares (Primary Census
Abstract, Census, 2011), and the ownership of land is divided into Gram Sabha land, land
owned by public institutions and private land. The private land is used for residential
purposes (housing for villagers), agriculture, small-scale businesses and commercial
enterprises. As per records of the Delhi government, the village has 345 bigha and 02 biswa
of Gram Sabha land, which is used for public utilities like Primary School, Barat Ghar
(Wedding Hall) and temple in the village. Some of the Gram Sabha land has also been
acquired by the Delhi Development Authority (DDA) for building a housing colony (Lok
Nayak Puram) or allotted to the Delhi Transport Corporation (DTC) for a bus depot.2
Land has been acquired several times in Bakkarwala village since the 1970s for a
variety of public purposes under the Land Acquisition Act of 1894 (now repealed). At
present, the government is proposing to acquire 1853 square meters of land for constructing
an approach road to the village cremation ground.
4.2. Ownership and Use of Proposed Land Acquisition
The land that is proposed for construction of the access road is governed by the Delhi Land
Reforms Act, 1954 and is owned by residents of Bakkarwala village. The land proposed for
acquisition falls under Khasra no. 11, 12, 13 & 17 under Rect no 5 of revenue estate
Bakkarwala village. It is agricultural land that has been voluntarily relinquished by the
landowners and is being currently used as a rough unpaved (kachcha) road to the cremation
2 Gram Sabha Land Record of Village Bakkarwala, Revenue Department, GNCTD, accessed on 22 December
2019 from http://web.delhi.gov.in/wps/wcm/connect/DoIT_Revenue/revenue/home/gram+sabha+land/west/ bakkerwala/bakkerwala+1
29 | P a g e
ground. There will be no physical displacement of any family or individual on account of
the proposed acquisition. The said land does not involve any homestead land and there are no
homes or residential buildings on the said land. Table 4.1 lists the land use and the number of
landowners and affected families in the area proposed for acquisition. Table 4.2 and Table
4.3 list the individual share of each landowner in the area proposed for acquisition as per the
revenue records3. The definition of ‗landowners‘ and ‗affected families‘ used in this report
follows the definition given in Section 3(r)(i), 3(c) and 3(m) of the RFCTLARR Act, 2013.
Section 3(r)(i) defines a landowner as any person ―whose name is recorded as the owner of
the land or building or part thereof, in the records of the authority concerned‖. As per sections
3(m) and 3(c), all adults of either gender, with or without spouse or children or dependents,
will be considered a separate family, and any family whose land or other immoveable
property has been acquired is considered an ―affected family‖.
Table 4.1: Details on Land Use, Landowners and Project Affected Families
Khasra
No.
Land Use Total no. of
Landowners
Total No. of Affected
Families
5/11,12 Agriculture 9 19
5/13,17 Commercial enterprise
(Warehouse)
1 5
Table 4.2: Description of Landowners in Khasra no. 5/11, 12
S.no Name of the Landowners
Total Area as per
Revenue Records (in Sq
m)
Share in Landholdings
as per the Revenue
Records
1
Smt. Rampyaari w/o Late Rajendra
Singh
11,188.80
1/3
2 Smt. Prakasho w/o Late Jay Singh 1/15
3 Shri Rakesh s/o Late Jay Singh 1/15
4 Shri Amarjeet s/o Late Jay Singh 1/15
5 Smt. Neelam d/o Late Jay Singh 1/15
6 Shri Ravindra s/o Late Jay Singh 1/15
7 Shri Sunil s/o Late Vijendra Singh 1/9
8 Shri Vinod s/o Late Vijendra Singh 1/9
9 Shri Pramod s/o Late Vijendra Singh 1/9
3 See Annexure 4 for the revenue records
30 | P a g e
Table 4.3: Description of Landowners in Khasra no. 5/13, 17.
S.no Name of Landowners Total Area as per
Revenue Records (in
Sq m)
Share in Landholdings
as per the Revenue
Records
1 Late Devendra Singh s/o Late
Ranbir Singh
7912.8 1
4.3. Requirement for Acquisition
The residents of village Bakkarwala have felt the need to have a pucca road to the cremation
ground for a long time since it is difficult to walk on the unpaved road, especially during the
monsoon season. They have petitioned various authorities for the same without any success.
In 2012, Nagarik Welfare Association, representing the villagers, filed a writ petition in the
High Court of Delhi, demanding that Gram Sabha land be allotted for construction of an
access road (Writ Petition (Civil) No. 6785 of 2012, Nagarik Welfare Association versus Lt.
Governor of Delhi and Others). During the hearing of the case, the court determined that
there was no vacant Gram Sabha land available which could be allotted for the access road.
In view of this, the court directed the Delhi government to acquire private land to build a
road. On its part, the Delhi government put forward a proposal to exchange an equal area of
Gram Sabha land with private land near the cremation ground, but this was not acceptable to
the land owners. Hence the government identified private land for constructing the road and
began proceedings for acquisition of land as per law and directions of the High Court (Order
dated 11.07.2014 in WP (C) No. 6785/2012). Despite the decision to acquire land in 2014,
there was no progress on this matter and the Nagarik Welfare Association had to approach
the court again in November 2016. Another group of residents, led by Shri Ajay Shehrawat
also filed a petition in the High Court in 2018 demanding that a access road be provided
within 2 to 6 months. In the meantime, the Land Acquisition Act of 1894 was repealed and
was replaced by the present law for acquisition, LARR Act 2013.
By January 2019, noting the absence of progress in the matter, the High Court directed the
Secretary, Land and Building Department, GNCTD to explain this delay in person (Order
dated 07.01.2019 in WP (C) No. 6785/2012). Following this, it was noted by the Court that
the responsibility of acquiring land lay with the Land and Building Department and the
responsibility building the road lay with the Public Works Department, GNCTD (Order dated
27.05.2019 in WP (C) 6785/2012). In pursuit of its responsibility, the Land and Building
31 | P a g e
Department began acquisition proceedings by assigning the task of SIA Study to the School
of Human Ecology, Ambedkar University Delhi (Delhi Gazette Notification of the L&B
Department, F. No. 7/55/L&B/LA/2018/5184 dated 26.08.2019)4. The High Court of Delhi
is continuing to monitor the case and in its order of 27.05.2019, had listed the matter for
hearing on 17.12.2019.
4.4. Past Instances Land Acquisition in Bakkarwala Village
As per the records of DDA, the first land acquisition in Bakkarwala village was in the year
1900. Over the past 115 years, the government has acquired land in Bakkarwala village
around 14 times for various public purposes. In the last twenty years, the government has
acquired land for constructing outfall drains, roads and other urban infrastructural projects in
the village. The last land acquisition in the village was in 2011, where 13 biswa land was
acquired to build a passage to the burial grounds (Kabristan). Table 4.4 lists the date and
purpose of all acquisitions of land in Revenue Estate Bakkarwala from 1973 to 2011,
including the area of acquisition, the number of landowners and the monetary compensation
paid to the land losers. It can be seen in the given table that the rate of compensation as well
as the rate of interest has changed over the time due to various public and institutional
interventions.
4.5. The Price of Land in Bakkarwala Village
According to the LARR Act 2013, the compensation for land acquisition is to be calculated
by the Collector following a procedure and criteria laid down in Sections 23, 26 and 27 of the
law. The compensation has to be based on the market value of the land, and owners have to
be paid this value along with the solatium (100 per cent of the market value) and the value of
all assets attached to the land (Sections 26(2) and 27 read with the First Schedule to the Act).
The impact of acquisition on immoveable assets, including their value, has been discussed in
Chapter 7 of the report. The market value of land that is assessed by the Collector is the
key criteria that will mitigate the impact of this acquisition, since there is no physical or
livelihood displacement associated with the acquisition. As per section 26(a) of the law,
4 Annexure 5
32 | P a g e
the value given in sale and registration deeds of land purchases is one of the criteria by which
market value of the land is determined. The State SIA Unit has obtained true copies of sale
deed of land transfers in 2020, where the sale price of land is recorded as over Rs. 5.42 crores
per acre (Annexure 6). The prevailing circle rate for agricultural land in Delhi is Rs. 53 lakh
per acre).5
The Government of NCT of Delhi, in recognition of the fact that circle rates were not
reflective of the real price of agricultural land, had revised the circle rates in August 2015 in
different districts. The revised rate in West District was Rs. 1.25 crores per acre.6 However,
in a well-known judgment adjudicating upon the powers of the Government of NCT of Delhi,
the Delhi High Court has cancelled this notification since it was issued without seeking the
views/concurrence of the Hon‘ble Lt. Governor of NCT of Delhi.7 The Government of Delhi
had challenged this decision in the Supreme Court of India (Civil Appeal No. 2357 of 2017,
Government of Delhi versus Union of India). In its judgment dated 14 February 2019, the
Supreme Court has agreed with the conclusion of the High Court that the view of the Hon‘ble
Lieutenant Governor of Delhi should have been taken before issuing the order of revising the
circle rates on August 4, 2015, and has upheld the decision of the High Court (Paragraph 163
of the Judgement). In view of this, the present circle rates for agricultural land in Delhi
continue to be Rs. 53 lakh per acre (a rate that was fixed in March 2008), even though the
market price of land has increased rapidly in Delhi in the last ten years.
Several national newspapers have recently reported that the Cabinet of the Government of
Delhi has again proposed to revise the circle rates of agricultural land, raising them to a range
of Rs. 2.25 to 5 crore per acre (Indian Express, 19 December 2019). As per the
aforementioned judgment of the Supreme Court, the proposal needs to be approved by the
Hon. Lieutenant Governor of Delhi before it can be notified. In view of the critical
importance of market value for mitigating the social impact of land acquisition, the
landowners have suggested strongly that the market value of land in Bakkarwala village
should be determined in accordance with the enhanced and revised circle rates for
5 Circle rates are the minimum rates at which any property transaction can take place. Using powers conferred to
it by the Indian Stamp Act, 1899 and Delhi Stamp (Prevention of Under-Valuation of Instruments) Rules, 2007,
the revenue department of the government fixes circle rates for different areas from time to time, in order to
curb the phenomenon of under-reporting of prices by buyers and sellers in land sales in order to avoid paying
stamp duty. 6 Revision of circle rates vide Notification No. F.1(1953)/Regn.Br./Div.Com/HQ/2014/191 of the Government
of NCT of Delhi, Revenue Department dated 04.08.2015. 7 Naresh Kumar vs Government of NCT of Delhi and Others, WP(C) No. 7934/2015, Delhi HC, 04.08.2016.
33 | P a g e
agricultural land (after this has been duly approved and notified by the Hon. Lieutenant
Governor), rather than the existing circle rate.
Table 4.4: Land Acquisition in Bakkarwala 1973-2011
Year of
Acquisitio
n
Purpose of
Acquisition
Area of
Acquisitio
n
No. of
Land
owner
s
Rate &
Terms of
compensatio
n
Total
Compensatio
n
(In Rs.)
Revised
compensatio
n
27.8.1973 Construction
of
Bakkarwala
village drain
and Nangloi
link Drain
33 Bighas,
15 Biswas
No
Info.
Rs. 1800 per
Bigha.
Solatium
15%. Under
LA Act,
1894.
66, 240 -
4.11.1981 Construction
of Effluent
Irrigation
System in
Bakkarwala
village
68 Bighas,
19 Biswas
37 Rs. 3200 per
Bigha. 15%
solatium. LA
Act, 1894
2, 69, 427.27 -
4.11.1981 Construction
of Effluent
System in
Bakkarwala
village
4 Biswa No
info.
Under LA
Act, 1894
5857.60 -
10.05.1985 Construction
of ‗Nilothi
minor &
Sub-minor‘
under the
scheme of
‗Kesho pur
Effluent
Irrigation
scheme‘
77 Bighas,
7 Biswas
27 Rs. 6500 per
Bigha. 30%
solatium.
Interest @
9% (for first
year) and @
15% after
that. LA act,
1894
8, 00, 232.57 -
10.05.1985 Temporary
Construction
of ‗Nilothi
minor &
Sub-minor‘
under the
scheme of
‗Kesho pur
Effluent
Irrigation
scheme‘
44 Bighas,
4 Biswas
3 Rs. 585 per
Bigha (as it
was rented).
LA Act, 1894
25, 857 -
15.10.1993
And
12.10.94
Construction
of Water
treatment
plant for
Dwarka
1035
Bighas, 2
Biswas
183 Rs. 96, 875
per Bigha.
Solatium @
30%. Interest
@ 9%, LA
14, 83, 19,
589
1, 32, 000 per
bigha8
8 Jamna vs. UOI & Ors., 8 July 2011
34 | P a g e
Year of
Acquisitio
n
Purpose of
Acquisition
Area of
Acquisitio
n
No. of
Land
owner
s
Rate &
Terms of
compensatio
n
Total
Compensatio
n
(In Rs.)
Revised
compensatio
n
project Act, 1894.
18.7.1995
And
14.12.1995
Construction
of
‗Keshopur
Effluent
Irrigation
Scheme
Phase III
48 Bighas,
7 Biswas
14 1, 68, 000 per
acre. No
interest rate.
LA Act,
1894.
1, 29, 24, 688 -
24.9.2003
And
16.2.2004
Construction
of ‗Outfall
Drain Under
planned
development
of Delhi‘
15 Bigha, 9
Biswas
29 15.70 lakhs
per acre. 30%
Solatium.
Interest @ 12
% p.a., LA
Act, 1894
69, 49, 449.09 -
8.10.2004
And
30.12.2004
Construction
of ‗ 30
meters road
Nangloi
Najafgarh
Road to
Bakkarwala
Mega
Project‘
45 Bigha,
12 ½
Biswas
126 Rs. 15, 70,
000 lakhs per
acre. 30%
solatium.
Interest @
9% (for first
year) and @
15% after
that. LA act,
1894
2, 25, 80,
522.53
Rs. 19, 34,
735/- per acre 9
13.12.2004
And
20.04.2005
Construction
of ‘20
meters wide
road and
green
buffer‘
182 Bigha,
6 Biswas
87 Rs. 15, 70,
000 per acre.
Solatium @
30%. Interest
@ 9% (for
first year) and
@ 15% after
that. LA act,
1894
9, 29, 26, 007 -
17.6.2005
And
31.05.2006
Construction
of ‗100
meters R/W
link road
connecting
NH 10 to
Dwarka Sub
city in
village
Mundka-
Bakkarwala‘
199 Bigha,
18 Biswas
251 15, 70, 000
per acre.
Interest @ 12
% p.a., LA
Act, 1894
9,40,54,001.2
4
Same as
given priory10
and, 23, 93,
227.20 per
acre in
another
petition11
6.6.2006 Developmen
t of ‗Booster
17 Bigha, 9
Biswas
3 Rs. 15, 70,
000 per acre.
84, 18, 168.76 -
9 Sh Balwan Singh vs. Unoin of India, 13
th October, 2017
10 Land Measuring 3 Bigha comprising…… Vs., 26 April, 2010.
11 Har Kishan vs. Union of India, 26
th march, 2014
35 | P a g e
Year of
Acquisitio
n
Purpose of
Acquisition
Area of
Acquisitio
n
No. of
Land
owner
s
Rate &
Terms of
compensatio
n
Total
Compensatio
n
(In Rs.)
Revised
compensatio
n
Station‘ in
Bakkarwala
Village
Under LA
Act, 1894.
11/01/2011
And
13.05.2011
Construction
of the road
for ‗Passage
to Kabristan
in Village
Bakkarwala‘
13 Biswa, 4
Biswansi
27 Interest @
9%,
LA Act, 1894
10,43,369 -
36 | P a g e
Chapter 5: Analysis of Alternatives and Estimation of Bare Minimum
Land
5.1 Alternative Sites for the Proposed Road
As per Section (4)(f) of the RFCTLARR Act 2013, the SIA study has to determine whether
land acquisition is feasible at an alternative site. This was done using a ground survey along
with focus group discussions and key informant interviews with beneficiaries of the proposed
road. The cremation ground is surrounded on all four sides by private land, which is being
used for agricultural purposes (please see Figure 1.1 and 1.2). At present, it is customarily
accessed by the residents using an unpaved earthen road, land for which has been voluntarily
relinquished by private land owners. This unpaved road is also connected to the main road of
Bakkarwala, which is an all-weather road. The proposed acquisition and construction of a
cement concrete road will exactly overlay this earthen road and will therefore cause
minimum disturbance and inconvenience to all residents. Any other alternative site for
acquisition will imply any one of the following:
(a) The alternative route may be longer compared to the route proposed for acquisition;
(b) Bakkarwala residents will have to change their customary access route to the
cremation ground; and
(c) Land that is currently being used for agriculture will be acquired instead of land that
is already being used as a public access road.
In view of the above, the SIA study determines that land acquisition at an alternative site
has been considered and found not feasible.
5.2. Bare Minimum Land
In accordance with subsection (4)(d) of section 4 of the RFCTLARR Act, 2013, the SIA Unit
is responsible for assessing whether the extent of land proposed for acquisition is the absolute
bare minimum extent needed for the project. AUD State SIA Unit assigned the task of
assessing the bare minimum extent of land necessary for the construction of the proposed
approach road, to an external expert architectural firm. According to the Public Works
Department (Requiring Body), the total land required for the construction of the approach
road is 1853 sq m.
37 | P a g e
The task assigned to the consultancy firm was to determine and ascertain the bare minimum
extent of land that will be required for construction of the approach road. Please see the chart
area and Survey drawing provided in Figure 5.1 (analysis of bare minimum land). According
to the report submitted by the expert consultant, the bare minimum area required for the
project is 1853 sq m. This is exactly equal to the land that is to be acquired for the project, as
notified by the Land and Building Department, Government of NCT of Delhi (Notification
No. F.8(2)/2015/L&B/LA/ 5885—95) dated 15.09.2017, Annexure 5). Therefore, it is
established that the land required for the project is the absolute bare minimum extent needed
for the project, as per sub-section 4(d) of Section 4 of the RFCTLARR Act, 2013.
The consultant architectural firm estimates the area of the road in the drawings provided by
the PWD to be 1848.8 sq m, which is 4.2 sq m lesser than the area proposed for acquisition.
The reason for this small difference is the tapering of the road, highlighted in Figure 5.1.
38 | P a g e
Figure 5.1: Analysis of bare minimum land
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Chapter 6: The Social Baseline: Socio-Economic Profile of PAFs
This chapter provides an understanding of the socio-economic profile of the district and the
sub-district where the study area is located, followed by a detailed baseline of the Project
Affected Families. The baseline for the district and sub-district is based on the Census data,
and village level information is based on primary data collection and analysis. The data and
analysis contained in this chapter is based on the methodology described in Chapter 2 of the
Study (See section 2.7 of Chapter 2 for the details).
6.1 Socio-Economic Profile of the Study Region
The National Capital Territory of Delhi is located between the Himalayas and Aravalli ranges
and can be divided into three segments, namely the Yamuna flood plains, the ridge and the
plains. It is located in northern India between the latitudes of 28 degree 25 minutes to 28-
degree 53 minutes North and longitudes of 76 degree 50 minutes to 77 degree 22 minutes
East. The study area is situated in West district of NCT of Delhi. As discussed in Section 2.6
of Chapter 2, this study area includes the area proposed for acquisition located in Revenue
Estate of Bakkarwala.
West district
According to census 2011, Delhi has a population of about 16 million, of which 97.5 percent
occupy the urban areas and only 2.5 percent live in the rural areas. Due to unprecedented
development and progress in the city, population rise and density of people per square km. is
considerably high as compared to the total area of the city. West district of Delhi administers
an area of 130 square kilometre and has a density of 19,563 per square kilometre. It has a
population of 25,43,243, which accounts for 15.15% of Delhi‘s population. The total
population of West district includes 53.32% male and 46.68% females. The district has 11
census towns12
and 2 villages.
The project area is a Census Town that falls under the Punjabi Bagh subdivision of the West
Delhi.
12
All other places which satisfy the following criteria: A minimum Population of 5000; at least 75 percent of the male working population engaged in non-agricultural pursuits; and a density of Population of at least of 400 per square kilometre are considered as Census Towns.
40 | P a g e
Table 6.1: Districts and Sub-districts of NCT Delhi
S. No. Districts Sub-Divisions
1. Central Kotwali, Karol Bagh, Civil Lines,
2. East Gandhi Nagar, Preet Vihar, Mayur Vihar
3. South Saket, Hauz Khas, Mehrauli
4. South East Defence Colony, Kalkaji, Sarita Vihar
5. South West Dwarka, Najafgarh, Kapashera
6. Shahdara Seemapuri, Shahdara, Vivek Vihar
7. West Patel Nagar, Rajouri Garden, Punjabi Bagh
8. North Delhi Model Town, Narela, Alipur
9. North East Yamuna Vihar, Karawal Vihar, Seelampur
10. North West Saraswati Vihar, Rohini, Kanjhawala
11. New Delhi Chanakyapuri, Vasant Vihar, Delhi Cantt.
Source: Compiled from the website of the Revenue Department, Government of NCT of Delhi
Table 6.2: Demographic profile of project region (Census, 2011)
Description Delhi West Delhi Bakkarwala
Population 16787941 2543243 18122
Rural (%) 2.5 0.25 0
Urban (%) 97.5 99.75 100
Density 11320 19563 2742
Male population 8987326 1356240 9729
Female population 7800615 1187003 8393
Sex Ratio 868 875 863
Literacy rate (%) 86.2 86.98 70.96
Male literacy rate (%) 90.9 91 79.56
Female literacy rate (%) 80.8 82.39 61
Total workers (main + marginal) (%) 33.28 34.38 31.35
Male (%) 52.99 54.02 26.8
Female (%) 10.58 11.94 4.6
Total Main workers (%) 31.61 33.01 29.4
Male (%) 50.77 52.22 25.5
Female (%) 9.55 11.07 4
Total Marginal Workers (%) 1.67 1.36 1.9
Male (%) 2.22 1.79 1.33
Female (%) 1.03 0.87 0.61
Total Non-workers (%) 66.72 65.62 68.64
Male (%) 47.01 45.98 26.88
Female (%) 89.42 88.06 41.76
6.2 About Bakkarwala
Bakkarwala is a census town located in West district. The proposed area for the project falls
under the Punjabi Bagh sub-division of West district in NCT Delhi. As per Census 2011,
Bakkarwala has an estimated total of 3422 households, which have a population of 18122
individuals. Of this population nearly 54% are male and 46% are females. This population is
41 | P a g e
spread across an area of 6.61 square kilometres. The female sex ratio is of 863 against Delhi‘s
average of 868. The child sex ratio is around 858 compared to Delhi‘s average of 871.
Literacy rate is 70.96%, with male literacy at 80% and female literacy at 61%. Moreover, the
literacy rate is also lower than state average of 86.21%.
Table 6.2 provides the census data on the working population of Bakkarwala. As suggested
by the table, working population of Bakkarwala is engaged in main work as well as in
farming, industrial works, other occasional livelihoods.
Bakkarwala is an 800 year old settlement. The locals reported during the FGDs that the Jats
of Bakkarwala settled at its current location at the beginning of the 20th
Century, when they
moved from Mehrauli which is now a part of South Delhi. Nearly 70% of Bakkarwala‘s
population belongs to the Jat community. The remaining 30% are Harijans, Valmikis or
Muslims.
A majority of the households self-reported as being dependent on farming. But the people
cited poor quality of groundwater as the main constraint because of which people only
cultivate one crop a year and a limited quantity of vegetables. The quality of the agricultural
land of Bakkarwala varies across sites. Land near the southern part of Bakkarwala is usually
flooded and thus people do not use it for cultivation. Very few residents do singhada (water
chestnut) crop and practice fishing in this part of Bakkarwala.
Residents reported that a decade ago, they used to cultivate Jowar, Bajra, Wheat, Guar,
Sarso and Chana. All these crops were cultivated with minimum irrigation. But land use has
changed and nowadays the farmers only cultivate wheat and vegetables. The main reason
cited for this change in a drain that was constructed nearly a decade ago. The drain, locally
called as nallha, disrupted the ground water quality and left it unsuitable for the variety of
crops that the residents used to cultivate. Not only did the crop composition change, but the
farmers reported that the wheat crop that they cultivate now is relatively poor and is more
vulnerable to damage.
The residents of Bakkarwala also keep livestock. There are 3-4 dairies in the settlement, each
one with 30-40 buffalo and cows. The elders reported that earlier each household used to
have at least 3-4 cows and buffalos. But 10-12 years ago, people noticed a health problem in
the buffaloes because of which they were not able to provide milk. Considering the high price
of this livestock and the loss that people were incurring due to fall in milk production, a
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majority of them decided not to keep buffalos. At present, people prefer to keep cows as
compared to buffalos. The price of cow milk is Rs. 80/liter while buffalo milk is sold at Rs
60-62/liters.
During the FGD, residents reported that 30% of them are in government jobs, mainly in Delhi
Transport Corporation and Delhi Police department. Apart from this, nearly 10-15% of the
youth are working in private sector enterprises like call centers, hospitals/nursing homes,
schools etc. The residents of Bakkarwala consider landholdings and livestock holdings as the
main parameter for defining the wellbeing of the household.
Infrastructure
The residents of Bakkarwala have access to basic facilities like school and hospitals. They
receive water from the Delhi Jal Board tankers. The settlement has permanent brick and
mortar houses. Bakkarwala has 3 government schools. However, only 5% of the school goers
attend government school, while 95% of them are enrolled in the private school. Drinking
water is supplied through Delhi Jal Board. The quality of ground water is reported to be very
bad and is not suitable for drinking purposes. The presence of small-scale industries in the
surrounding area and construction of a drain around a decade ago are reported as the main
reasons for poor quality of ground water. The nearest hospitals are the government hospitals
in Mangolpuri and Jaffarpur at 11 kms and 15 kms respectively. The construction of road and
street fall under the purview of the Municipal Corporation of Delhi (MCD). A sewage line
was constructed in Bakkarwala in 2017 by the Delhi Government, but it is not yet functional.
Table 6.3: Basic facilities as per district Census handbook 2011
S.no Services Details
1 Primary school 3
2 Middle school 2
3 Secondary school 2
4 Senior secondary school 2
5 Hospitals 8 kms
6 Dispensary 1.5 kms
7 Maternity and child welfare
centre
8kms
8 Maternity homes 8 kms
9 Road length 68 kms
10 Drainage Open system
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Status of women
Similar to other parts of the country, women in Bakkarwala have a key role to play in day to
day household chores as well as farming and livestock rearing. In domestic work they are
responsible for cooking, cleaning, washing, taking care of children, sick and elderly people,
and home/ household management. They are involved in livestock rearing which involves
tasks like getting the fodder for the livestock, stall feeding them, milking, preparing ghee etc.
Women also visit fields to work during harvesting and threshing of crops. Some of the young
women are working as school teachers, nurses etc.
6.3 Socio-economic profile of Joint households
The socio-economic data and information about livelihoods and asset ownership was
collected for the joint households. The SIA team has identified 4 joint households who will
get affected by the proposed land acquisition in Bakkarwala. The entire population of the
joint households belongs to the dominant Jat community. Joint households are defined in
section 2.6 of Chapter 2. All the 4 joint households are headed by females. Within these joint
households, there 24 affected families, of which 12 are male and 12 are females. Figure 6.1
provides the family tree of the first three joint households. The heads of these three joint
households are daughters-in-law of Late Shri Tekchand. The second family tree is of Late
Shri Ranbir Singh, which includes 1 joint household and 5 affected families. The family trees
are followed by the detailed profiles of each of these joint households.
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Figure 6.1: Late Tekchand's Family Tree with 3 Joint Households, 9 Landowners and 19 Affected Families
45 | P a g e
Figure 6.2: Late Ranbir Singh's Family tree with 1 Joint Household, 1 landowner and 5 Affected Families
Table 6.4 provides the demographic profile of the first joint household with 8 affected
families. The household is headed by Smt. Rampyaari, who is 70 years old and a widow. She
has two daughters, who are married and lives with their in-laws and a son, Shri Hemant. This
household has 5 female headed affected families, which is the highest amongst the 4 joint
households. Shri Hemant works with the Delhi Jal Board Department and also manages the
agricultural fields. He has two adult sons and two daughters. All of them are married, the
sons live with him, while the daughter are living with their respective in-law‘s family. His
son Jatin, helps him in farming and the elder son Yogesh is a working professional in private
sector.
Table 6.4: Profile of Joint Household 1
S.No
Head of the
Affected Family Gender Age Education Occupation Income (in Rs.)
1
Smt. Rampyaari w/o
Late Rajendra Singh Female 70
Up to class
10th
Unpaid
domestic work
Between 500,000-
10,00,000 per
annum
2
Smt. Kamlesh d/o
Late Rajendra Singh Female 48
Up to class
5th NA
3
Smt. Poonam d/o
Late Rajendra Singh Female 45
Up to class
10th NA
4
Shri Hemant s/o
Late Rajendra Singh Male 53
Up to class
10th
Government
job
5
Shri Yogesh s/o Shri
Hemant Male 30
Up to class
12th Private job
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S.No
Head of the
Affected Family Gender Age Education Occupation Income (in Rs.)
6
Shri Jatin s/o Shri
Hemant Male 28
Up to class
12th Farming
7
Smt. Anju d/o Shri
Hemant Female 35 Postgraduate
Unpaid
Domestic Work
8
Smt. Manisha d/o
Shri Hemant Female 33
Upto class
12th Private Job
The second joint household is headed by Smt. Prakasho, who is 65 years old. Smt. This joint
household has 7 affected families, which includes 3 female headed and 4 male headed
families. Prakasho lives with her four sons, all of them are married and have children. Main
occupation of the household is farming, while females are mainly responsible for the
domestic work, male members manages the agricultural fields.
Table 6.5: Profile of Joint Household 2
S.
No
Head of the
Affected Family Gender Age Education Occupation Income (in Rs.)
1
Smt. Prakasho w/o
Late Jay Singh Female 65 Illiterate
Unpaid domestic
work
Below 5,00,000
per annum
2
Shri Rakesh s/o Late
Jay Singh Male 46
Up to class
12th Farming
3
Smt. Ekta d/o Shri
Rakesh Female 22
Up to class
12th
Unpaid domestic
work
4
Shri Prateek s/o Shri
Rakesh Male 21 Graduate Student
5
Shri Amarjeet s/o
Late Jay Singh Male 38
Up to class
10th Farming
6
Smt. Neelam d/o
Late Jay Singh Female 38
Up to class
12th
Unpaid Domestic
Work
7
Shri Ravindra s/o
Late Jay Singh Male 37
Up to class
10th Farming
The third household is headed by Smt. Santra 59 years old Smt. Santra is the widow of Late
Vijendra Singh and lives with her 3 sons. There are 4 affected families in this joint
household, one is headed by female and 3 are headed by males. The main occupation of the
household is farming.
47 | P a g e
Table 6.6: Profile of Joint Household 3
S.
No
Head of the Affected
Family Gender Age Education Occupation Income (in Rs.)
1
Smt. Santra w/o Late
Vijendra Singh Female 59 Illiterate
Unpaid domestic
work
Below 5,00,000
per annum 2
Shri Sunil s/o Late
Vijendra Singh Male 37
Up to class
10th Farming
3
Shri Vinod s/o Late
Vijendra Singh Male 35
Up to class
12th Farming
4
Shri Pramod s/o Late
Vijendra Singh Male 30 12th Farming
The last joint household is headed by Smt. Ramkali Devi, an 82 year old widow. Smt.
Ramkali had a son, who died four years ago. She lives with her daughter-in-law and two
grandsons. The granddaughter is married and lives with her in-laws. The household has
warehouses in khasra no 13 and 17. A major share of their household income comes from the
rent of these warehouses. Rest of the household income comes from the political
engagements of the two grandsons.
Table 6.7: Profile of Joint Household 4
S.
No
Head of the
Affected Family Gender Age Education Occupation Income (in Rs.)
1
Smt. Ramkali Devi
w/o Late Ranbir
Singh Female 82 Illiterate
Unable to work
due to old age
Between 15,00,000-
20,00,000 per
annum
2
Smt. Shakuntala w/o
Late Devender
Singh Female 48
Up to class
8th
Unpaid domestic
work
3
Smt. Preeti d/o Late
Devender Singh Female 30
Post
graduate Private Job
4
Shri Puneet s/o Late
Devender Singh Male 24 Graduate Business
5
Shri Rohit s/o Late
Devender Singh Male 27
Up to class
12th Business
48 | P a g e
Chapter 7: Social Impacts of Land Acquisition
7.1 Introduction
The proposed acquisition of 1853 sq m of land will primarily have impact on the land
holdings of the landowners. The proposed land acquisition will not adversely affect any
existing source of livelihoods in the area. The social impacts of land acquisition are likely
to be limited in this particular instance, since:
The land that is proposed to be acquired is only around 1.9% of the total holdings of
the landowners13
of Bakkarwala. The study has identified 4 Joint Households, which
includes 24 Affected Families as defined by Section 3(c)(i) read with 3(m) of the Act.
The area proposed for acquisition is located outside the residential area of
Bakkarwala. Thus, none of the residents will not experience any involuntary
resettlement.
As shown in Figure 1.2 of Chapter 1, the proposed acquisition is for land which is
already in use as an earthen approach road to the cremation ground. The area
proposed for acquisition is currently not used for any livelihood purposes, the impact
of acquisition is limited to the loss of land.
Other than the loss of land, the only loss to an immovable asset is will be in Khasra
no 13. Thus, the affected families of Khasra no 13 will be entitled to receive a
compensation for the loss to their immovable asset (partial demolition of a permanent
structure).
The following section provides the details of the respective share of each landowner in the
land that will be acquired.
7.2. Loss of land due to proposed acquisition
This section calculates the loss of land for each landowner. The loss of land due to proposed
acquisition is calculated separately for each of the four khasra, where land is being acquired.
Thus, Table 7.1 provides details about the loss of land for each landowner in each of the
13
Their total agricultural landholding as per the revenue records is 96969.6 sq m and the total area proposed for acquisition is 1853 sq m.
49 | P a g e
project-affected khasra. It also provides the total land that a particular landowner will lose to
the project.
Table 7.1: Khasra wise estimate of loss of land for each landowner (in sq m)
S.no
Names of the land
owners
Loss of
area in
Khasra
no 11
Loss of
area in
Khasra
no 12
Loss of
area in
Khasra
no 13
Loss of
area in
Khasra
no 17
Total loss
of area for
each
landowner
1
Smt. Rampyaari w/o
Late Rajendra Singh 152 142.18 0 0 294.18
2
Smt. Prakasho w/o Late
Jay Singh 30.4 28.43 0 0 58.83
3
Shri Rakesh s/o Late Jay
Singh 30.4 28.43 0 0 58.83
4
Shri Amarjeet s/o Late
Jay Singh 30.4 28.43 0 0 58.83
5
Smt. Neelam d/o Late
Jay Singh 30.4 28.43 0 0 58.83
6
Shri Ravindra s/o Late
Jay Singh 30.4 28.43 0 0 58.83
7
Shri Sunil s/o Late
Vijendra Singh 50.66 47.39 0 0 98.06
8
Shri Vinod s/o Late
Vijendra Singh 50.66 47.39 0 0 98.06
9
Shri Pramod s/o Late
Vijendra Singh 50.66 47.39 0 0 98.06
10
Smt. Ramkali Devi w/o
Late Ranbir Singh 0 0
As per provisions of Hindu
Succession Act and related laws
11
Smt. Shakuntala w/o
Late Devender Singh 0 0
12
Smt. Preeti d/o Late
Devender Singh 0 0
13
Shri Puneet s/o Late
Devender Singh 0 0
14
Shri Rohit s/o Late
Devender Singh 0 0
Table 7.2 provides the information on total agricultural landholdings of each landowner and
the area that will he or she will lose due to the proposed acquisition. As suggested by the
aggregate figures provided in Table 7.2, the area of land proposed for acquisition is 1853 sq
m, and the total agricultural landholdings of the ten landowners are 96,969.6 sq m. The loss
of land is 1.9% of the total landholdings of the land owners. Hence, it can be concluded that
the impact of acquisition will be minimal on the total holdings of affected families and
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the consequent impacts on their livelihoods and incomes can be mitigated by means of
fair compensation.
Table 7.2: Details of total agricultural land ownership and loss for each land owner
S.no Names of the Land owners
Total Agricultural
land ownership (in
sqm)
Loss of land due
to acquisition (in
sqm)
Loss of land as
share of total
land holdings
(in %)
1
Smt. Rampyaari w/o Late
Rajendra Singh 28711.2 294.18 1.02
2
Smt. Prakasho w/o Late Jay
Singh 5742.24 58.83 1.02
3
Shri Rakesh s/o Late Jay
Singh 5742.24 58.83 1.02
4
Shri Amarjeet s/o Late Jay
Singh 5742.24 58.83 1.02
5
Smt. Neelam d/o Late Jay
Singh 5742.24 58.83 1.02
6
Shri Ravindra s/o Late Jay
Singh 5742.24 58.83 1.02
7
Shri Sunil s/o Late Vijendra
Singh 9570.4 98.06 1.02
8
Shri Vinod s/o Late Vijendra
Singh 9570.4 98.06 1.02
9
Shri Pramod s/o Late
Vijendra Singh 9570.4 98.06 1.02
10
Smt. Ramkali Devi w/o Late
Ranbir Singh
10836 970.45 8.95
11
Smt. Shakuntala w/o Late
Devender Singh
12
Smt. Preeti d/o Late
Devender Singh
13
Shri Puneet s/o Late
Devender Singh
14
Shri Rohit s/o Late
Devender Singh
7.3 Loss of Immovable Assets
As suggested in Figure 1.2 of Chapter 1 and Figure 7.1 given below, proposed acquisition
and construction of the approach road will partially affect a permanent structure in Khasra no
13. Land of Khasra no 13 belongs to the joint household of Ms Shakuntala Devi, and
51 | P a g e
includes the land of five affected families. As per the GIS map, the construction of the
proposed road might require demolition of a part of this structure. Therefore, the affected
families are entitled to the compensation for the partial damage to the structure as per Section
29(1) of the Act. The amount of compensation should be decided after taking in account the
total cost of constructing the structure and how old the structure is.
Figure 7.1: Permanent structure in Khasra no 13
7.4 Project Affected Families and Especially Vulnerable Families
The SIA Study has identified 24 Project Affected Families (listed in Table 7.3), as per
provisions of the law. These families will not experience any livelihood loss or physical
displacement. Of the 24 affected families, the study has identified 6 families as especially
vulnerable. The said families are widows who do not have any independent sources of
income, are living within joint households and are dependent on their children and other
family members. Therefore, it needs to be ensured in the Social Impact Mitigation Plan
(SIMP) that they receive their lawful share of the compensation for land, and are able to
utilise them in a manner of their own volition and towards their own well-being.
52 | P a g e
Table 7.3: List of Project Affected Families and Vulnerable Families
S.no Head of Project Affected Families Vulnerability Status
1 Smt. Rampyaari w/o Late Rajendra Singh Vulnerable
2 Smt. Kamlesh d/o Late Rajendra Singh Vulnerable
3 Smt. Poonam d/o Late Rajendra Singh -
4 Shri Hemant s/o Late Rajendra Singh -
5 Shri Yogesh s/o Shri Hemant -
6 Shri Jatin s/o Shri Hemant -
7 Smt. Anju d/o Shri Hemant -
8 Smt. Manisha d/o Shri Hemant -
9 Smt. Prakasho w/o Late Jay Singh Vulnerable
10 Shri Rakesh s/o Late Jay Singh -
11 Smt. Ekta d/o Shri Rakesh -
12 Shri Prateek s/o Shri Rakesh -
13 Shri Amarjeet s/o Late Jay Singh -
14 Smt. Neelam d/o Late Jay Singh -
15 Shri Ravindra s/o Late Jay Singh -
16 Smt. Santra w/o Late Vijendra Singh Vulnerable
17 Shri Sunil s/o Late Vijendra Singh -
18 Shri Vinod s/o Late Vijendra Singh -
19 Shri Pramod s/o Late Vijendra Singh -
20 Smt. Ramkali Devi w/o Late Ranbir Singh Vulnerable
21 Smt. Shakuntala w/o Late Devender Singh Vulnerable
22 Smt. Preeti d/o Late Devender Singh -
53 | P a g e
S.no Head of Project Affected Families Vulnerability Status
23 Shri Puneet s/o Late Devender Singh -
24 Shri Rohit s/o Late Devender Singh -
54 | P a g e
Chapter 8: Public Hearing and Responses to the Draft SIA Report
8.1 Preliminary Steps: Report Dissemination and Publicity
The State SIA Unit submitted the draft Social Impact Assessment Report in Hindi and
English to the Land and Building Department, GNCTD and ADM, West Delhi, according to
the procedure laid down for acquisition of land in the RFCTLARR, 2013. The report was
made accessible to the public on 01.01.2020 on the website of West Delhi. Following its
publication, as per Section 5 of the Act, the State SIA Unit was required to organize a public
hearing (jan sunwai) in Village Bakkarwala to discuss its findings and recommendations.
Rule 8 of the RFCTLARR (Social Impact Assessment and Consent) Rules, 2014 lay down
the procedure for conducting public hearings, in a transparent manner, and with effective
participation by local community and PAFs. The following steps were taken in order to
ensure that all stakeholders were informed about the hearing and had adequate time to read
the draft SIA report.
The public hearing was planned and scheduled in consultation with residents of
Bakkarwala, including the date, time and venue of the meeting. The Election Commission of
India announced the date of Delhi Assembly Elections on 06.01.2020. In view of the
restrictions of the Model Code of Conduct and the atmosphere of electoral campaigning in
the village, the SIA team rescheduled the date of the public hearing to 18.02.2020 (i.e. a
week after the completion of elections and announcement of results, in consultation with the
PAFs and the office of Additional District Magistrate, West Delhi). The residents suggested
the Ramdev Temple in the village as an appropriate venue for the hearing. A public notice
informing the general public about the meeting was published in a Hindi Newspaper of the
National Capital Region, Dainik Jagran. The advertisements, published on 28.01.2020,
clearly mentioned the date, time and venue of the proposed hearing (See Annexure 7).
Posters were put up in the village with help from residents at locations that would gain
maximum attention, like the community temple, ATMs and entry points of the village.
Village residents took photos of the posters and the public notice and circulated it among
their informal WhatsApp groups to inform their friends and relatives, who might not have
seen it in the village. A banner advertising the meeting was put up at the site of the proposed
acquisition, at a location where maximum people would see it. The Executive Summary of
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the draft SIA report in the local language (Hindi) along with a personal letter of invitation
was sent to all the twenty-four PAFs in this project.
Finally, invitations were sent to elected representatives of village Bakkarwala (MLA, MP and
Ward Councillors), officials of the Requiring Body (Public Works Department) and
Acquiring Body (Additional District Magistrate (West) and Deputy Secretary, L&B
Department, GNCTD). Officials and representatives were requested to attend the hearing or
send their representatives to participate in it. They were also encouraged to read the draft SIA
report. Press invitations were delivered to 23 prominent Hindi and English business papers
and newspapers of Delhi to cover the proceedings of the event. The Deputy Commissioner of
Police (West) and the Station House Officer (SHO) of Tikri Kalan and Mundka Police
Stations were also informed and requested to prepare/arrange for security, and appropriate
services for medical and fire emergencies on the day of the hearing.
Figure 8.1: Public hearing posters in Bakkarwala
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8.2 Proceedings of the Jan Sunwai
The jan sunwai was organised on Tuesday, 18.02.2020 at the Ramdev Temple, at village
Bakkarwala. The meeting commenced around 11:00 am in the presence of villagers, other
Project Affected Families, public officials and other guests. The list of elected
representatives, members of the Requiring Body and public officials who participated in the
meeting have been included in Annexure 8.
Dr. Budhaditya Das opened the meeting by welcoming all participants, including officials
from the District Collector‘s office, PWD, Shri Suresh Kumar, Ranhola Ward Councillor and
Shri Mahendra Yadav, MLA from Vikaspuri Assembly. Dr. Das explained the context and
purpose of the public hearing, the roles and responsibilities of various participants and the
expected outcomes from it. He then invited Professor Asmita Kabra from the School of
Human Ecology, Ambedkar University Delhi, to speak about the SIA Unit and the new land
acquisition law of 2013.
Professor Kabra informed the audience about the empanelment of AUD as a State SIA Unit
by the Government of NCT of Delhi to carry out Social Impact Assessments. She described
the importance of the new law, RFCTLARR 2013 and the provisions under it, which have
widened the definition of Project Affected Families. She also expressed her gratitude to the
villagers for providing support and assistance to the State SIA Unit in carrying out the SIA
Study. After this introductory account, Ms Sonam Mahalwal, Senior Research Assistant,
presented a synopsis and principal findings of the Social Impact Assessment that had been
carried out in the past five months. Dr Das added to this by sharing the key recommendations
of the SIA report with the audience.
After presentations by the SIA Unit, Dr Das invited Shri Dharmendra Kumar, ADM (West
Delhi), to speak about the proposed land acquisition. Shri Kumar also shared the key features
of the land acquisition law with the audience. He shared the procedure for deciding the
market value of the land under Sections 26 and 27 of the law. The Ward Councillor
appreciated the PAFs who had voluntarily given up their land to be used as a temporary
passage to the cremation ground. He acknowledged the support of local youth who helped
him in filing a writ petition at the Delhi High Court in 2018 for the construction of the road.
Further, he appreciated the efforts of SIA Unit in preparing the report. He ended with two key
57 | P a g e
suggestions. Firstly, he emphasised that landowners should get maximum compensation for
their loss of land based on the current market rate of Rs 10 crore per acre. Secondly, he
suggested that the approach road should be named after the families and ancestors of the
PAFs, in order to acknowledge their contribution to the development of the village.
Dr Das invited participants and village residents to put forward their objections and
suggestions regarding the draft SIA report. Dr Das moderated the discussion while SIA Unit
members encouraged members of the audience to come forward and speak.
8.3 Response to objections and suggestions
The suggestions received during and after the public hearing and responses made to them are
summarised in Table 8.1. To conclude the meeting, Prof Kabra summarised the process of
acquisition after the SIA report is submitted. The meeting ended with tea and refreshments
for all participants.
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Table 8.1: Objections and suggestions of PAF and Response of SIA Unit
S.no Date of
Receiving
Objection
Name of
Person/PAF
raising the
objection
Nature of
Objection/Submission
Details of the
Objections &
Feedbacks
received
Response of the
SIA Unit
1. 18.02.2020 Shri Wazir Oral PAF should
get
compensatio
n at par with
the
compensatio
n rates in
other parts of
Delhi.
It should
also be
considered
that the
PAFs have
left their
land for the
passage to
the
cremation
and have not
used that
area for
cultivation
for years.
This fact
should
inform the
decision on
compensatio
n amount.
All the 6
vulnerable
female
headed
households
should get
individual
compensatio
n.
Sections 28 and
29(3) of the LARR
Act 2013 provide
for the assessment
and compensation
for value of
standing crops
damaged during
the process of land
acquisition.
However, the
Collector may take
note of the
exceptional case
where landowners
have voluntarily
foregone crop
cultivation for
public purpose and
account for it while
determining
compensation.
2 18.02.2020 Shri. Bhoop
Singh
Oral The PAF should
get maximum
compensation
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S.no Date of
Receiving
Objection
Name of
Person/PAF
raising the
objection
Nature of
Objection/Submission
Details of the
Objections &
Feedbacks
received
Response of the
SIA Unit
3 18.02.2020 Smt. Sarojini
Swami
Oral There are other
important
infrastructure
that our village
needs like senior
secondary
school, play area
for the local
children and
parks for ladies.
60 | P a g e
Figure 8.2: Pictures of the Public Hearing
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References
Census of India. (2011). Census of India 2011 N.C.T OF DELHI District Census
Handbook All the Nine Districts. New Delhi.
ICRISAT. (2009). Training Manual: Social Analysis using Qualitative Tools. Andhra
Pradesh, India.
Mathur, H. M. (2016). Social Impact Assessment: An Approach to Improving
Development Outcomes. In Assessing the social impact of development projects:
experience in India and other Asian countries (p. 276). Springer.
Smyth, E., & Vanclay, F. (2017). The Social Framework for Projects: a conceptual
but practical model to assist in assessing, planning and managing the social impacts of
projects. Impact Assessment and Project Appraisal, 35(1), 65–80.