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LAND ACQUISITION OPTIONS 1) LAND ACQUISITION ACT, 2013 • Known as “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”. 2) RAILWAY ACT, 1989 (AMENDMENT OF 2008 has since been repealed and the necessary modification has been incorporated in ACT OF 1989) 3) THROUGH NEGOTIATIONS
LAND ACQUISITION THROUGH LAND ACQUISITION ACT, 2013 • • • Known as “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”. It replaces the Land Acquisition Act of 1894. Effective w. e. f. 01. 2014 There are different schedules in the Act. Schedule IV exempts certain Acts (including the Railway Act) from its purview.
PROCEDURE FOR ACQUISITION OF LAND THROUGH NEW LAND ACT The step wise procedure for land acquisition is as follows(Steps (a) to (f) are common for land acquisition through any method) a) b) c) Final location survey of the project and marking centre line on ground in shape of Pucca Burjis. Joint survey of alignment with Revenue officials of the concerned State. Marking of alignment on Revenue maps by the Patwari and Kanoongo of State.
PROCEDURE FOR ACQUISITION OF LAND(CONTD) d) Calculation of Khasra-wise areas and preparation of land plans by the State Revenue staff. e) Checking and Verification of land plans by Railways. f) Placing the indent of the area to be acquired to Land Acquisition Officer (LAO) nominated by State authorities for the purpose of land acquisition. Nomination of Social Impact Assessment Unit (SIAU) and submission of land papers to SIAU by State Govt for preparing Social Impact Assessment Study as per Section 4 of New Land Act. g)
PROCEDURE FOR ACQUISITION OF LAND(CONTD) h) Intimation of fee by SIAU, based on the quantum of work as per Rules framed by State Govt. i) Deposition of fees by the Railway. j) SIA (Social Impact Assessment) notification by State Govt. under section 5. 1 of New Land Act. k) Publication of SIA study report and social impact management plan under section 6. 1 of New Land Act.
PROCEDURE FOR ACQUISITION OF LAND(CONTD) l) Appraisal of SIA Report and submission of Recommendations by Expert Group under sec 7. m) Examination & Approval of proposals for land acquisition and SIA report by State Govt under section 8. n) Preliminary notification for land acquisition under section 11. o) Publication of declaration under section 19 after hearing of objections under section 15 and preparation of rehabilitation and resettlement scheme under section 18.
PROCEDURE FOR ACQUISITION OF LAND(CONTD) p) Award by the collector under section 23 of New Land Act. q) Payment of award. r) Possession of land under section 38. s) Mutation of land. t) Preparation and verification of Land Completion Plans. Note - Steps (g) to (n) can be initiated simultaneously with Steps (a) to (f), after identification of approx land corridor.
ANTICIPATED TIMELINE FOR LAND ACQUISITION AS PER NEW LAND ACT The approx time required for various activities after FLS, marking centre line on ground and Joint Survey with Revenue officials will be as follows. SN ITEM TIME 1 Calculation of Khasra-wise areas, preparation of 60 days land plans and its verification 2 Placing of the indent of area required to be 7 days acquired with LAO of State 3 Nomination of Social Impact Assessment 15 days Unit(SIAU) by State authorities 4 Submission of papers by State Govt to SIAU 1 day 5 Intimation of fee by SIAU 7 days
ANTICIPATED TIMELINE FOR LAND ACQUISITION AS PER NEW LAND ACT(Contd) SN ITEM 6 Deposition of fee by Railways TIME 15 days 7 SIA notification by State Govt. under section 4. 1 7 days 8 Publication of SIA study report and SI 90 days management plan under section 6. 1 Recommendation of expert group under sec 7 30 days 9 10 Examination of report by Govt. under section 8 30 days i) Report of Collector ii) Report of expert group 11 Preliminary notification under section 11. 1 1 day
ANTICIPATED TIMELINE FOR LAND ACQUISITION AS PER NEW LAND ACT(Contd) SN ITEM TIME 12 Publication of declaration under section 19. 1 90 days after hearing of objections under section 15 and preparation of rehabilitation and resettlement scheme under section 18 13 Award by Collector under section 23 60 days 14 Payment of award 15 Possession of land starts on 30 days D+443 Days D – The day when the joint survey with Revenue officials is completed.
LAND ACQUISITION THROUGH RAILWAY ACT, 1989 �Standing instructions exist that all Railway Projects are ‘Special Railway Projects’ (Letter dt 19. 12. 14 of RB). �Vide letter dt 22. 11. 2017, RB has advised to declare all such Railway projects which have assured funding and to be completed in a specified time frame, as ‘Special Railway Projects’. �However, project-wise notification under Cl 37 A is required to be issued with the approval of General Manager. �Competent Authority under Cl 7 A for Land Acquisition can be nominated by the GM or CAO.
PROCEDURE FOR LAND ACQUISITION THROUGH RAILWAY ACT PLEASE REFER TO PRESENTATION MADE BY SH SANJAY RASTOGI, MD/CRCL DURING 1 ST WORKHOP ON STATE JVs HELD ON 24. 04. 17
LAND ACQUISITION THROUGH NEGOTIATIONS WITH LAND OWNERS
LAND ACQUISITION THROUGH NEGOTIATIONS • • This can be resorted to when the land to be acquired is small or in isolated pockets, for example, in Gauge Conversion Projects and/or when small patch of land is left inadvertently during initial acquisition. It involves constitution of Negotiation Committee by the State Govt. having Railway representative as part of it. Compensation as per State Govt Rules. Multiplying Factor as per RULES notified by State Govt.
PROCEDURE FOR LAND ACQUISITION THROUGH NEGOTIATIONS Steps (a) to (f) will be the same as discussed above. Thereafter, following steps are involvedg) Constitution of negotiation committee by the State Govt. having Railway representative as part of it. h) Joint inspection of alignment with all concerned departments & land owners. i) Negotiations with land owners for fixing rates of the land. j) Recommendations by the committee and their approval by State Govt. k) Award by the Collector, payment and possession of Land.
MULTIPLYING FACTOR Ø AS PER SCH-III OF NEW ACT, the rates payable for land shall be arrived at by multiplying Market rate/Circle rate by M. F. • M. F. is 1 for Urban Areas • 1 to 2 for Rural Areas Ø Ministry of Rural Development, vide notification dated 09. 02. 2016, fixed the M. F. as 2 for Rural areas. Ø Representations were received from various State Govts for clarification regarding M. F. Ø Clarification issued vide letter dated 17. 05. 2017. As per this, M. F. is not fixed as 2 for all cases. It will be as per the rules made by ‘Appropriate Govt’ in this regard.
APPROPRIATE GOVT MEANS For acquisition of land within the territory of a State, the State Govt; 2) For acquisition of land within the territory of a Union Territory, the Central Govt; 3) For acquisition of land situated within the Union territory of Puducherry, the Government of Union territory of Puducherry; 4) For acquisition of land for public purpose in more than one State, the Central Government, in construction with the concerned State Governments or union territories: and 5) For acquisition of land for the purpose of the Union as may be specified by notification, the Central Government; 1)
Presentation on Land Acquisition Processes For JV Projects (Presented by Sh Sanjay Rastogi, MD/CRCL during 1 st Workshop on State JVs held on 24. 04. 17)
Land Acquisition Options �Since 01. 2014, the Right to Fair Compensation, Rehabilitation and Resettlement in Land Acquisition Act 2013 has come into effect. �This replaces the LA Act 1894. �There are different schedules in the Act. �Schedule IV exempts certain Acts (including the Railway Act) from its purview. �This means that land can be acquired under the Railway Act (amendment of 2008).
Applicability of the Railway Act �The Project should be sanctioned. �The land should be in the name of a Railway. �No difficulty in case the SPV decides to have land in the name of Railway �Examine considering the SPV/JVC itself as a Railway �Can’t be considered a NGR or a private Railway as long as fair/freight is collected by IR and operated by them.
Processes of Railway Act �Standing instructions exist that all Railway Projects are ‘Special Railway Projects’. �However, project-wise notification is required to be issued with the approval of General Manager(Cl 37 A). �Competent Authority is nominated by the GM(Cl 7 A) �There is no qualification specified. �It’s a good idea if a revenue official is appointed as CA. �A request is made to the State Govt. to nominate a full time or part time CA. On receipt of such recommendation from State Govt, the GM approves the notification.
Field Processes �Land corridor is to be identified on the ground. �Effort is made to transfer the corridor on village maps as accurately as possible. This is only for reference purpose and get a broad view of locating the project on village maps. �The village maps are mostly based on some antiquated technique and the corridor can never be truly translated from map to the ground or vice versa. �Hence, the details of land losers and the area involved is to be picked from the ground. However, inaccuracy creeps in as there ambiguities regarding ownership on the ground also.
Field Processes �First notification is under Clause 20 A. It is about intent to acquire land. It is supposed to have a brief description of land. �Clause 20 B gives permission to enter lands, comes into effect after 20 A. �Actually, all Acts have a little anomaly here. Surveyor is not expected to enter private lands until a notification under clause 20 A has been published. However, the later implementation depends on the accuracy of description of lands under Cl 20 A. This is achieved only by cooperation of Distt. Officials who allow a survey/ joint survey to find the exact plot Nos. and the area involved.
Field Processes �After gazette publication of the notification under Cl 20 A, the Competent Authority causes its publication in local newspapers. This specifies the time limit of 30 days along with place at which the land records can be examined and objections to the purpose can be made. � All time schedules are with respect to publication of this info in local newspapers. � Many revenue officials get into sorting out local issues such as a missing plot brought to his notice by some land owner. But this is not the time for resolving these matters. � Here only objections to the purpose can be entertained. �After the due date, the CA considers the objections. Unless there is anything to the contrary, the CA is expected to reject frivolous objections and issue a letter to the GM( or any railway authority).
Field Processes �Having received a ‘No Objection’ clearance from the CA, the Govt decides to acquire the land issues another notification under Cl 20 E. �This notification includes the details of all land owners or anyone whose interest may be involved to seek their claims. �After gazette notification, this is again published in local news papers and claims are heard on a fixed date, time and place.
Field Processes �After hearing the claims, the CA is expected to prepare award of compensation, resettlement and rehab simultaneously. �Help of some local NGOs may be enlisted in identifying families and other interested parties. �LARR 2013 and Removal of Difficulties Rules of 2015 make it clear that R&R is to be implemented as per Schedule III of the Act.
Compensation and R&R �Compensation is four times the cost of land in rural areas and two times the cost of land in urban areas. �R&R has several components: �Jobs for the affected families or �Annuity of inflation indexed Rs 30000 per family, or �One time lump sum package of Rs. 5. 0 lakh per affected family. �The R&R Policy of 2007 had defined affected family as that family whose primary source of earning or livelihood is affected. �LARR defines Affected Family as a family whose land has been acquired. There is no mention of the quantum or percentage land lost.
Anomalies �There are many families owning one plot. �The acquired area out of a plot could be 0. 1 Acre or 1% in one case and 5 acres and 90% in another case. �Can we have the same R&R package for all? �The best solution is to link R&R with the quantum of land. �States like Gujarat and Chhattisgarh have issued such orders to link R&R with the amount of compensation. �These may have to undergo a cycle of validation by courts.
Forest Clearance and diversion of Forest Land �Forest Case registration with all details of forest land �Three types of forest lands, revenue forest, protected forest or reserve forest �Different notations like orange or red �Forest Deptt will insist on DGPS survey of all forest plots, most of which will not tally with existing maps. �Great amount of jugglery and personal favours may be involved.
Forest Clearance and diversion of Forest Land �The work can’t be managed without competent consultants �All steps must be taken with knowledge that someone with approach NGT. Proper records are to be kept �FC Act and FRA are applicable. �Role of Gram Sabha to be arranged by State Govt. �Stage-I and Stage-II clearance required after that formal letters of diversion of land is to be issued by PCCF.