Section 8 – Examination Of Proposals For Land Acquisition And Social Impact Assessment Report By Appropriate Government

(1) The appropriate Government shall ensure that -

1. there is a legitimate and bona fide public purpose for the proposed acquisition which necessitates the acquisition of the land identified;
2. the potential benefits and the public purpose referred to in clause (a) shall outweigh the social costs and adverse social impact as determined by the Social Impact Assessment that has been carried out;
3. only the minimum area of land required for the project is proposed to be acquired;
4. there is no unutilised land which has been previously acquired in the area;
5. the land, if any, acquired earlier and remained unutilised, is used for such public purpose and make recommendations in respect thereof.

(2) The appropriate Government shall examine the report of the Collector, if any, and the report of the Expert Group on the Social Impact Assessment study and after considering all the reports, recommend such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected.

(3) The decision of the appropriate Government shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub - Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government : Provided that where land is sought to be acquired for the purposes as specified in sub - section (2) of section 2, the appropriate Government shall also ascertain as to whether the prior consent of the affected families as required under the proviso to sub - section (2) of section 2, has been obtained in the manner as may be prescribed.