Land Acquisition Process & Procedure Presented by Sri Avaya Kumar Nayak Joint Secretary to Government Revenue & Disaster Management Department, Government of Odisha ROTI, Bhubaneswar, 29. 08. 207
LAND IS THE MOST IMPORTANT REQUIREMENT FOR INDUSTRISAL AND INFRASTRUCTURE DEVELOPMENTS INCLUDING SOCIAL INFRASTRUCTURE
Options on land n Available IDCO Industrial Estates n Available Govt land n Available land in Land Bank n Private land can be acquired through bilateral negotiations n Through LA Proceedings
Land Bank n n n Government has identified about 1 lakh acres of Govt waste land in patches for land Bank About 10, 000 acres with IDCO in ready to use position. Two types of land-(i) already with IDCO or immediately given to IDCO (II) Identified and reserved, can be given to IDCO on short notice. Land cost at IPR rates Collector given full power to lease to IDCO given right to mortgage and can give NOC on right to mortgage.
Direct purchase of land on private negotiation n n Intermittent patches of private land can be directly purchased Assistance of a District level committee headed by Collector to ascertain the valuation can be availed. No limit to private purchase, if the land is not multicrop irrigated land Purchase limit of Multi-crop land as decided by Agril Department Private purchase upto 50 acres in urban area and 200 acres rural areas shall not attract R&R provisions under RFCTLAR&R Act.
ACQUISITION OF PRIVATE LAND AS THE LAST OPTION
Earlier, Land Acquisition was done under the Land Acquisition Act, 1894 Now under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLAR&R Act, 2013)
The core issues that could not be answered under Land acquisition Act of 1894 n Understanding of Public Purpose and its frequent application including for Land Acquisition for private projects n Applicability of Emergency clause n Consent of People n Calculation of Fair compensation for the land the fixed assets over it n n Rehabilitation and Resettlement of displaced families Addressing Livelihood issues and loss of Social and Economic disjoint due to displacement n Timely payment of compensation
What is new in the new Act n n Social Impact Assessment Study (SIA) (Irrigation projects for which Environmental Impact Assessment has been done under any other law are exempted/ if under emergency provisions u/s 40, then exempted) Public hearing mandatory consent of majority Special Provision to safeguard food security – Sec-10 - No irrigated multi-cropped land shall be acquired. ( linear projects exempted)
What is new in the new Act n n n Special protection to SC &ST u/s 41 - No land to be acquired, if acquired as demonstrable last resort. Special R&R Plan Direct purchase of private land allowed with restriction u/s 46 Higher rate of compensation with solatium and multiplying factor Compensation for livelihood loss If the land acquired not utilised within 5 years, then the land be reverted to the original owner u/a 101
Chapters in RFCTLAR&R Act Chapt u/s Subject/content Chapter I- Preliminary I 1 Short title, extent and commencement I 2 Application of the Act I 3 Definitions a to ze Chapter II – Determination of Social impact and Public Purpose II 4 II 5 Preliminary Investigation for determination of social impact and public purpose Public hearing of Social Impact Assessment II 6 Publication of Social Impact Assessment Study II 7 Appraisal of SIA Report by an Expert Group II 8 Examination of proposals for LA and SIA report by appropriate Govt II 9 Exemption from Social impact Assessment Chapter III-Special provision to safeguard food security III 10 Special provision to safeguard food security
Chapter IV- Notification and Acquisition Publication of preliminary notification IV 11 IV IV 12 13 14 15 16 17 18 Preliminary survey of land power to carry out survey Payment for damage Lapse of Social Impact Assessment report Hearing of objections Preparations of R&R Scheme by the Administrator Review of the Rehabilitation and Resettlement Scheme Approved Rehabilitation and Resettlement Scheme to be made public IV IV IV 19 20 21 22 23 24 25 26 27 28 29 Publication of declaration Land to be marked out, measured and planned Notice to persons interested Power to enforce the making of statements as to names and interests. Enquiry and land acquisition award by Collector LA process under Act of 1894 shall be deemed to have lapsed in certain cases Period within which an award shall be made Determination of market value of land by Collector Determination of amount of compensation Parameters to be considered by Collector in determination of award Determination of value of thing attached to land or building
Chapter V- Rehabilitation and Resettlement Award V 31 Rehabilitation and Resettlement award for affected families by Collector V 32 Provision of infrastructural amenities in resettlement area V 33 Corrections to awards by Collector V 34 Adjournment of enquiry V 35 Power to summon and enforce attendance of witnesses and production of documents. V 36 Power to call for records etc. V 37 Awards of Collector when to be final V 38 Power to take possession of land to be acquired V 39 Additional compensation in case of multiple displacements V 40 Special powers in case of urgency to acquire land in certain cases V 41 Special provisions for scheduled caste and scheduled tribes V 42 Reservation and other benefits Chapter VI-Procedure and manner of R&R VI 43 Appointment of Administrator VI 44 Commissioner for rehabilitation and resettlement VI 45 Rehabilitation and Resettlement committee at project level VI 46 Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons VI 47 Quantification and deposit of rehabilitation and resettlement amount
Chapter VII- National Monitoring Committee for R&R VII VII 48 49 50 Establishment of National Monitoring Committee for rehabilitation and resettlement Reporting requirement Establishment of State Monitoring Committee for rehabilitation and resettlement Chapter VIII- Establishment of LA and R&R Authority VIII 51 Establishment of Land Acquisition, Rehabilitation and Resettlement Authority VIII 52 Composition of Authority VIII 53 Qualification for appointment as Presiding Officer VIII 54 Terms of office of Presiding Officer VIII 55 Staff of Authority VIII 56 Salary and allowances and other terms and conditions of serving of Presiding Officers VIII 57 Filling up of vacancies VIII 58 Resignation and removal VIII 59 Orders constituting Authority to be final and not to invalidate its proceedings VIII 60 Powers of Authority and procedure before it VIII 61 Proceedings before Authority to be judicial proceedings VIII 62 Members and officers of Authority to be public servants VIII 63 Jurisdiction of civil courts barred VIII 64 Reference to Authority VIII 65 Collector’s statement to Authority VIII 66 Service of notice by Authority VIII 67 Restriction on scope of proceedings VIII 68 Proceedings to be in public VIII 69 Determination of award by Authority VIII 70 Form of award VIII 71 Costs VIII 72 Collector may be directed to pay interest on excess compensation VIII 73 Re-determination of amount of compensation on the basis of the award of the Authority VIII 74 Appeal to High Court
Chapter IX – Apportionment of Compensation IX IX 75 76 Particular of apportionment to be specified Dispute as to apportionment Chapter X- Payment X X 77 78 Payment of compensation and deposit of same in Authority Investment of money deposited in respect of lands belonging to person incompetent to alienate X X 79 80 XI 81 Temporary occupation of waste or arable land. Procedure when difference as to compensation exists XI 82 Power to enter and take possession and compensation on restoration XI 83 XII XII 84 85 86 87 88 89 90 Investment of money deposited in other cases Payment of interest Chapter XI-Temporary occupation of land Difference as to condition of land Chapter XII- Offences and Penalties Punishment for false information. Mala fide action etc. Penalty for contravention of provisions of Act Offences by companies Offences by Government departments Cognizance of offences by court Offences to be non-cognizable Offences to be cognizable only on complaint filed by certain persons
XIII 91 92 93 Chapter XIII –Miscellaneous Magistrate to enforce surrender Service of notice Completion of acquisition not compulsory but compensation to be awarded when not completed XIII 94 95 Acquisition of part of house or building Acquisition of land at cost of a local authority or Requiring Body XIII XIII 96 97 98 99 100 101 102 Exemption from income tax, stamp duty and fees Acceptance of certified copy as evidence Notice in case of suits for anything done in pursuance of Act. No change of purpose to be allowed No change of ownership without permission to be allowed Return of unutilized land Difference in price of land when transferred for higher consideration to be shared. XIII 103 104 105 Provisions to be in addition to existing laws Option of appropriate Government on lease Provisions of this Act not to apply in certain cases or to apply with certain modifications XIII 106 107 Power to amend Schedule Power of State Legislatures to enact any law more beneficial to affected families XIII 108 109 110 111 Option to affected families to avail better compensation and rehabilitation and resettlement Power of appropriate Government to make rules Rules made by Central Government to be laid before Parliament Rules made by State Government to be laid before State Legislature XIII 112 Previous publication of rules made by Central and State Government XIII 113 114 Power to remove difficulties Repeal and saving
IMPORTANT PROVISIONS IN THE NEW ACT COMPARE D TO OLD ACT Provisions Sec. in New Act Remarks SIA and SIA related studies Sec. 4(1) to Sec. 9 This was not in the old Act. Special Provision for Safeguard, Food Security Sec 10 This was not in the old Act Publication of Preliminary notification Sec. 11 to Sec. 18 It is equivalent to Sec. 4 and Sec. 5(a) of old Act expect notification with SIA Report Publication of declaration and Summary of R&R Scheme Sec. 19 to Sec. 22 This was equivalent to Sec. 6(1) of old Act. except R&R scheme which is a new concept Land Acquisition Award Sec. 23 to Sec. 30 This is equivalent to Sec. 11 of Old Act. R&R Award Sec. 31 to Sec. 37 As per R&R Policy not included in Old Act Power to take possession of land Sec. 38 Equivalent to Sec. 16 of old Act.
IMPORTANT PROVISIONS IN THE NEW ACT Contd………. . Provisions Sec. in New Act Remarks Additional compensation in case of multiple displacement Sec. 39 It is a new provision Emergency provisions Sec. 40 Equivalent to Sec. 17 of old Act. Special provision of SC&STs Sec. 41 to Sec. 42 No such provisions in old Act Procedure and manner of R&R Sec 43 to Sec 47 It is equivalent to the provision of R&R policy of the state government and centre. Was not in the old Act. State & National Monitoring Committee for R&R Sec. 48 to Sec 50 No such provisions in old Act Establishment for Land Acquisition and Rehabilitation of the authority Sec. 51 to Sec 74 Similar provisions was their in Sec. 18 and Sec. 30 in old Act but not such elaborated as in the new Act.
Public Purpose u/s 2 Section Provision in RFCTLARR Act shall apply when the appropriate Govt acquires land for its own use, hold and control, including PSU and for public purpose and shall include the following purposes Sec. 2(1) • For strategic purpose relating to defence of India or safety of the people Application • For infrastructure projects defined u/s 2(1)(b) i to vii of the Act, of the Act • It includes projects for industrial corridors , mining and manufacturing zone. for public • Projects involving agro processing, warehousing, cold storage etc purpose or • Projects for water harvesting, water conservation, sanitation govt. use • Projects for Govt aided educational & research schemes • Projects for sports, health care, tourism, transportation or space programme • Any other infrastructure facility to be notified by Central Govt and tabled in the Parliament • Projects for affected families/ • Projects for housing schemes etc
Public Consent u/s 2(2) Sec. 2(2) The provisions of this Act relating to land acquisition, compensation. rehabilitation consent, and resettlement, shall also apply, when the appropriate Government acquires land for the following purposes, namely: Provisions (a) for public private partnership projects, where the ownership of for the land continues declaring as defined land to be (b) for private companies for public purpose, as defined in sub-sec (1): acquired Provided that in the case of acquisition for- for Private (i) private companies, the prior consent of at least 80% of those affected Companies families, as defined in sub-clauses (i) and (v) of clause (c) of section 3; and to vest with the Government, for public purpose in sub-section (1); of SEC. 2 (ii) public private partnership projects, the prior consent of at least 70%. of those affected families, shall be obtained through a process as may be prescribed appropriate Government by the
Important Definitions: Affected family (Section 3(e) n v v v A family whose land or other immovable property has been acquired; A family which has lost its livelihood; A family of Tribes and other traditional forest dwellers that have lost any of their traditional rights recognized under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 due to acquisition of land; A member of the family who has been assigned land by the Govt, & the sme in under Acquisition. v In Old act Affected family was limited to the land losers
Cost of Acquisition u/s 3(i) n n n n Amount of compensation including solatium Cost of damages caused to land & standing crops Cost of acquisition of land & building for settlement of displaced or adversely affected families Cost of dev of infrastructure and amenities at the resettlement area Cost of R&R Administrative cost Cost of SIA Study
Definition of Family u/s 3(m) Family includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him; Provided that widows, divorcees and women deseredted by families shall be considered separate families; Explanation: An adult of either gender with or without spouse or children or dependents shall be considered as separate family for the purpose of this Act. n
Persons interested u/s 3(x) n n n All persons claiming an interest in compensation to be made All persons who have lost any forest rights under FRA Act, 2006 A person interested in an easment affecting the land Persons having tenancy rights under any relevant state laws including share croppers Any person whose primary source of livelihood is likely to be affected
SIA Study u/s 4 -9 n n n U/s 4(1)- Notification by Govt to assess the impact of the projects, SIA to be carried out in all cases of land acquisition in consultation with Panchayat or Municipal corporation within six months The SIA study shall include; Assessment as to whether the proposed acquisition serves the public purpose Estimation of affected families &families likely to be displaced Extent of lands, public and private, houses, settlements and other common properties likely to be affected Whether the extent of land proposed is absolutely bare minimum requirement. n Whether other alternative sites were found not feasible n Study of social costs vis-a-vis the benefits of the project
n n n Nabakrushna Choudhury Institute of Developmental Studies (NCDS) is the State Nodal Agency for conducting SIA Study. NCDS has identified 32 independent agencies to conduct the study in different parts of the State on its behalf. Appropriate Govt shall require the authority conducting the SIA to prepare SIMP listing the ameliorative measures required tpo be undertaken. u/s 5 - A public hearing is held at the affected area after giving adequate publicity to ascertain the views of the affected families and be recorded Publication of the SIA report in local language u/s 6 at Panchayat, Municipality, office of Collector, Sub-collector and Tahasildar and in the affected area. The irrigation projects where the process of Environment Impact Assessment is required under any other Law, are exempted from this study as per sec 6.
Process of conducting SIA n n n n Requiring body applies in Form A to Collector with land schedule Collector after scrutiny, sends to SIA unit with copy to R&DM department and tahasildar to update records, settling of land rights, restoring titles, Forest rights etc as special drive SIA Unit prepares To. R and estimate Requiring body deposits the cost plus 10% admn cost SIA Notification within 30 days in Form-C. Public consultation and public hearing SIA report in form D Nature, extent and intensity of impact be assessed in Form-G
Appraisal of SIA Report by Expert Group u/s 7 - Appraisal is done by an independent multidisciplinary Expert Group. n Expert Group to Appraise the SIA n 2 non-official social scientists, n 2 representatives of Panchayat, Gram Sabha, n 2 experts on rehabilitation, n 1 technical expert in the subject relating to the project n n To make recommendations within two months n SIA Report valid for 12 months
Minimum Acquisition & Minimum Displacement (Section 8) Appropriate Government shall ensure that: a) There is a legitimate and bona fide public purpose for the proposed acquisition n b) The public purpose, in the long term, is in the larger public interest so as to justify the adverse social impact as determined by SIA n c) Only the minimum area of land required for the project is being acquired. n d)There is no unutilized Land that has been previously acquired in the area n e)The land, if any, acquired earlier and remain unutilized, is used for such public purpose Such area shall be acquired which would ensure minimum displacement and minimum disturbance to infrastructure and ecology and minimum adverse impact on individuals affected SIA is exempted in case of projects acquiring land with application n v
Special provision to safeguard food security (Section 10) v Irrigated multi-cropped land shall not be acquired except when land acquired does not exceed five percent (Flexibility to appropriate government) of total irrigated multi-crop area in that district or State. v Whenever a multi-crop irrigated land is acquired, an equivalent area of culturable waste land shall be developed for agricultural purposes. v In other cases the acquisition of agricultural land should not exceed for all projects in a district or State such limits of the net sown area of that district or State as may be notified by the appropriate government. v State to make rule what percentage of Irrigated land can be acquired in special circumstances.
Preliminary Notification u/s 11(1) v v v Similar to the old Act. A notification relating to the land details to be acquired with the name of the land owners as well as the summary of the SIA report, reasons necessitating the displacement of affected persons is to be published (a) in official gazette, (b) in two daily newspapers circulating in the locality, at least one in the regional language , (c) in the panchayat or municipality, (d) uploaded in the website, (e) in the affected area. The cutoff date is the last date of the publication in any of the system. Land transaction is restricted u/s 11(4) and Collector to ensure updating of the land records within a period of two months u/s 11(5). This notification is valid for 12 months as per sec 14 In the old Act preliminary notification u/s 4(1)
Checklist for Preliminary Notification n n n a) b) c) Administrative approval Land schedule (both hard and soft) Copies of Ro. R Project area Map Proof of deposit of Admn cost (10% IDCO/20% in other cases. Draft Notification copy Certificates to the effect that Land is not under scheduled area Not under Irrigation Command area No Gochar / communal land(proposal for exchange attached) Under new Act abstract SIA report
Activities during valid period of Notification u/s 11(1) v v v Preliminary survey of land. Hearing of objections u/s 15 such as to the area and suitability of land, justification offered for public purpose, findings of SIA within 60 days. The administrator shall prepare rehabilitation and resettlement scheme including the rehabilitation colony with details of public amenities and infrastructure facilities. The rehabilitation scheme shall be reviewed by the Collector as well as by R&R Committee constituted u/s 45. The scheme shall be submitted to the Commissioner R&R for approval of the government. After approval, it will be made available in the local language of the panchayat / municipality and uploaded in the website of the appropriate government.
Role & Responsibilities of the Administrator u/s 16 n n n Ø Ø Sub- Collectors have been notified as the Administrator R&R in respect of all projects situated within the concerned Sub- Division. Subject to the superintendence, directions and control of the appropriate Govt and the Commissioner, R&R, the formulation, execution and monitoring of the R&R Scheme shall vest with the Administrator. (u/s 43) Upon publication of preliminary notification, the Administrator R&R shall conduct a survey and undertake a census of the affected families, which shall include; Particulars of land immovable properties being acquired of each affected family Livelihood lost in respect of land losers and other primary dependents on such land A list of public utilities and Govt buildings which are affected, where resettlement of affected families in involved Details of amenities and infrastructural facilities affected, where resettlement of affected families in involved
Role & Responsibilities contd. n n n The Administrator, on the basis of the survey and census shall prepare a draft R&R Scheme, which shall include; Particulars of the R&R entitlements of each land owner and the livelihood losers A list of Govt buildings to be provided in the Resettlement area Details of public amenities and infrastructure which are to be provided in the Resettlement area Time limit for implementing the R&R scheme The draft R&R Scheme shall be made known locally by wide publicity in the affected area and discussed in the concerned Gram Panchayat or Municipalities.
Power, Duties and Responsibilities of the Administrator (Rule 32 of RFCTLAR&R Rules 2016) n n n To conduct survey and undertake census of the affected families Prepare a draft R&R Scheme To publish the draft scheme To make available the draft scheme to the concerned persons and authorities To organise and conduct public hearing on the draft scheme To provide an opportunity to the Requiring body to make suggestions and comments on the draft scheme To submit the draft scheme to the Collector To publish the approved acheme in the affected area To help and assist the district collector in preparing the scheme To monitor and supervise the implementation of the R&R award To assist in post implementation Audit of R&R and To do any other work required to be done for R&R.
Public hearing on R&R Scheme n n A public hearing shall be conducted after giving adequate publicity about the date, time and venue at the affected area. Provided that where the affected area involves more than one GP or Municipality, public hearing shall be conducted in every GP where more than 25% of land belonging to that Gram Sabha or Municipality is being acquired, Consultation of Gram Sabha in scheduled areas shall be as per the Panchayats (Extension to the Scheduled Area) Act, 1996 The Administrator shall on completion of the public hearing shall submit the draft R&R Scheme along with a specific report on the claims and objections raised in the Public hearing to Collector.
Review and Approval of the R&R Scheme n n n Collector shall review the draft R 7 R scheme with the project level R&R Committee constituted under section 45. Collector shall submit the draft scheme with his suggestions to the Commissioner, R&R for approval. RDCs have been appointed as the Commissioner, R&R. The Commissioner shall approve and cause the approved R&R Scheme made available in local language to the GP, Municipality, offices of Collector, Subcoillector, tahasil, and Publish in the project area and upload in the website of the appropriate Govt.
Declaration u/s 19(1) v v Similar to the declaration provisions u/s 6(1) of the old Act. Government shall publish the declaration along with the area identified for resettlement site. The collector shall publish a summary of the R&R scheme and ask the requiring body, to deposit an amount full/part towards cost of acquisition of land. The old Act was confined to declaration of the land details intended to be acquired for public purpose as there was no mandatory provision for Rehab. Colony and Resettlement and Rehabilitation The validity of the declaration is 12 months from the date of the declaration of publication otherwise the entire proceedings will be lapsed.
Checklist for Declaration u/s 19(1) n n n n Abstract of R&R Management Plan Approval of R&R Scheme Objection hearing case records(within 60 days from prelim Notification) Copies of publications in two local dailies of prelim notification Gazette Notification copy Public notice duly served locally Fund Certificate Valid date of declaration within 12 months of preliminary notification
Notice to persons interested and the Award n n n Collector to measure and mark out the lands and prepare a plan u/s 20 Publish public notice at convenient places, affected area and in the website to the effect that claims to compensation and R&R for all interests be made to him Date and time (not before 30 days and not beyond 6 months) to appear before him in person or through agent/ advocate Notice to the occupiers. If persons interested residing elsewhere, notice by post to the address last known and in two national dailies and in website Collector shall make an award u/s 23 under his hand considering the true area of land, compensation u/s 27 and R&R Award u/s 31 and the apportionment of compensation among all persons interested. The award within 12 months from the date of declaration
Retrospective Effect (Section 24) v v Where no award u/s 11 of the Land Acquisition Act, 1894 has been made, then all provisions of this Act relating to determination of compensation shall apply; Where an award has been made u/s 11, then such proceeding shall continue under the old Act as if the said act has not been repealed. Where award u/s 11 of the LA Act, 1894 has been made 5 years or more before the commencement of this Act but the physical possession of the land not taken or compensation not paid –the said proceeding shall be deemed to have lapsed and if required fresh proceeding under new Act be initiated. If award has been made but compensation in case of majority of land holding is not been deposited in the account of beneficiaries then all notified land losers will be entitled to new compensation calculation.
Determination of Market value of land u/s 26 BMV declared under the Stamp Act, or n Average sale price for similar type of land in the nearest vicinity, or n Consented amount agreed upon; whichever is higher For determination of average sale price; Ø Sale deed of preceeding 3 years Ø One-half of the deeds having highest price be taken Ø Compensation amount earlier paid not to be considered Ø Collector may discount any doc, if not indicative of actual price n Market value shall be multiplied by a factor n Tatal amount of compensation shall include cost of the assets attached to the land n Award of solatium 100% on tatal compensation. n
Sliding Scale for multiplying factor Radial Distance from nearest Urban area( in Km) Multiplying factor 0 -10 1 >10 - 20 1. 2 >20 -30 1. 4 >30 -40 1. 8 Above 40 2
Calculation of compensation as per First Schedule Sl Items (supposing the land value to be No Rs. 1. 00 lakh) 1 Market Value 2 3 Multiplied factor as per distance. Total(1+2) Amount 1, 00, 000/2, 000/- 4 Cost of structure, trees etc 1, 000/- 5 Total (3+4) 3, 000/- 6 Solatium 100%- 3, 000/- 7 Additional Market value @ 12% on land 24, 000/- 8 Grand total 6, 24, 000/-
Compensation n n LA Compensation to land owners is determined as per Sec 26 -30 read with first schedule Lump sum Compensation to n n n Agricultural labourers–current minimum wage x 200 days Tenants and share croppers- 25000 per acre of land they cultivate Artisans working for 3 years prior to acquisition-25000 All Payment within 15 days of award
R&R Award by Collector U/s 31, Collector shall pass awards for R&R benefits as per second Schedule of the Act n U/s 32 - Collector shall ensure the provision of infrastructural facilities and basic minimum amenities specified in the third schedule. Collector shall possession of land u/s 38: After ensuring full payment of compensation as well as R&R entitlements Timeline from the date of award u/s 30; 1. For Compensation - Within 3 months 2. For monetary part of R&R entitlements- within 6 months 3. For infrastructural entitlements under second and third schedule - within 18 months 4. Incase of irrigation or hydel projects 6 months prior to submergence Collector shall ensure that R&R Process is complete in all aspects before displacement Additional compensation (100%) for second and successive displacements n
Important R & R Benefits v Resettlement and Rehabilitation benefits to all affected families (in addition to compensation) Ø R & R Package - Choice of employment/5 lakhs/Rs. 2000 per month for 20 yesr 0 Ø One-time Resettlement Allowance: Rs. 50, 000/ Ø Cattle shed/petty shops - Rs. 25, 000/ Ø One time grant to artisan/traders/self employed - Rs. 25, 000/ Ø Fishing rights in reservoir Ø Land for land – Irrigation projects (as far as possible) I acre of land (2. 5 acres for SCs/STs in command area Displaced Families v v v – – Housing in case of displacement – Rural Areas (IAY specifications); Urban areas (constructed house not less than 50 sq. mts in plinth area/min Rs. 1, 50, 000) Subsistence grant for all displaced families – Rs. 3000 per month for one year (additional Rs. 50, 000/ for SCs/STs). Transportation grant for all displaced families - Rs. 50, 000/ All monetary rehabilitation grants and benefits are adjusted based on the Consumer Price Index. Stamp duty/registration to be paid by the requiring body
Urgency Provision (Section 40) v v LA Act, 1894 empowers the appropriate Government to acquire land under urgency provision for any public purpose U/s 17. However, in new Act urgency provision restricted to: Ø acquisition of land for defence of India; or national security; or Ø for any emergency arising out of natural calamities. An additional 75 percent of total compensation shall be paid which was not a provision in Old act Ø v
Special provision for SC&ST u/s 41 & 42 n n n No acquisition in scheduled areas; If done as the demonstrable last resort Prior consent of Gram Sabha in scheduled areas If involuntary displacement, then Development Plan Shall be resettled preferably in the same Scheduled Area in a compact block to retain ethnic, linguistic and cultural identity Any alienation of SC land in violation of laws in force is null and void. In case of acquisition, compensation be paid to the original land owners belonging to SC Fishing rights to ST and SC in reservoirs of hydel projects If SC and ST families relocated out side the district, additional 25% of R&R benefit plus one time Rs. 50, 000/All reservation benefits shall continue in the resettled area All the benefits and safeguards of the scheduled area shall be extended to them even if resettled in areas other than scheduled area The community rights under the FRA shall be quantified in monetary
R&R in Private Purchases (Section 46) n n n If private purchase is beyond certain limits as specified by the appropriate Governments then R&R benefits to be extended to the affected families The limit is 50 acres in urban area and 2300 acres in Rural area. R&R scheme to be approved by the Commissioner for the R&R No land use change permitted if R&R is not complied as per the award passed by collector Application to Collector has to include the purpose, particular of land to be purchased
Institutional framework on LA R&R Apart from the LA Act 1894 and subsequent RFCTLAR&R Act, Odisha has separate R&R Policy, namely Odisha Resettlement & Rehabilitation Policy 2006. n District Compensation Advisory Committee (DCAC)- Collector n State Level Compensation Advisory Committee (SCAC)- Member Board of Revenue n Rehabilitation and Periphery Development Advisory Committee (RPDAC)- RDC n Director, R&R- State level n PD, R&R/ LAO at the project level depending on the workload.
Land Acquisition, Rehabilitation & Resettlement Authority ( Sec. 51— 75) v v Single member authority Reference to Authority within six weeks of the Collector's award v Cases to be decided in six months Jurisdiction of civil courts barred v Appeals to High Court with in sixty days v
Miscellaneous v v v n Land/House allotted to be in joint name Benefits indexed to CPI Ownership cannot be changed Purpose for which acquired cannot be changed 40% of the appreciated value to be shared with original owners Section 101: Resumption/ return of land If any land or part thereof acquired under the Act remains unutilized for a period of five years from the date of taking of the possession, the same shall return to the Land Bank/returned to the original land owners as specified by the appropriate Government
Process framework For Land Acquisition in Odisha
The Process Framework For Land Acquisition in Odisha Filing the Requisition for LA by R. O. to Collector-cum-Appropriate Govt Reference by Collector to State SIA Unit prepares To. R and ESTIMATE Submission of SIA fee by RO Notification for Social Impact Assessment study U/S 4(1) Completion of SIA report within 6 month from the date of its commencement
The Process Framework For Land Acquisition in Odisha Appraisal of SIA Report by an expert group Recommendation of expert group within 2 month from the date of its constitution Approval of SIA Report by Government Notification for Land Acquisition u/s- 11 Declaration u/s-19 1 year time for issuing Declaration from the date of preliminary Notification ---otherwise lapse Enquiry and Land Acquisition Award by Collector u/s-30
The Process Framework For Land Acquisition in Odisha R&R Award for affected families by Collector u/s-31 Publication of Award by Collector u/s-37(2) Power to take possession of the land to be acquired u/s-38 Possession to be taken after ensuring full payment of compensation to be paid within 3 months and R&R within a period of 6 months from the date of the Award made u/s-30 and u/s-37
RFCTLAR&R Rules 2016 n n Notified in February, 2016 Procedures elaborated and forms prescribed
Thank You
Value of Govt land As per IPR 2015. ZONES LOCTAION Concessional rate in lakh per acre Zone-A Bhubaneswar Municipality area Rs. 1. 25 lakh /acre Zone-B Urban areas under Dev Authorities of Cuttack, Rourkela, Berhampur, Sambalpur, Paradip, Puri, Angul and Jharsuguda Cuttack &Rourkela Rs. 60 lakh others Rs. 30 lakh Zone C Bhubaneswar Sub-dvn, Khurda, Angul, Cuttack, Jharsuguda, Panposh, Puri, Sambalpur Urban area- Rs. 15 lakh, Others Rs. 6 lakh Zone-D Sub-dvn of Athagarh, Balasore, Berhampur, Chhatrapur, Champua, Dhenkanal, Jagatsinghpur, Jajpur, Keonjhar, Talcher Urban area- Rs. 10 lakh Others Rs. 4 lakh Zone-E Sub dvn of Banki, Baripada, Bhadrak, Baragarh, Urban-Rs. 6 lakh Bolangir, Jeypur, Koraput, Rayagada, Sundargarh others Rs. 2 lakh Zone-F Other areas like Anandapur, Athamalik, Baliguda, Bamanghati, Bhanjanagar, Bhawanipatna, etc Urban- Rs. 3. 00 lakh Others- Rs. 1 lakh
BIENNIAL REVISION OF BENCH MARK VALUATION n n Rule 37 of Odisha Stamp(Amendment ) Rules, 2001: Constitution of District Level Valuation Committee under the chairmanship of Collector and Sub- District(Tahasil) Level valuation Committee under the chairmanship of Sub – Collector Rule 38: Sub – District level Committee collects data on valuation of immoveable property, analyses the data and recommends property value to the DLVC collects data on property value and property trends, complies and analyses the data and fixes guideline value and sends for approval of Govt. Rule 40: 1)Market value guidelines are revised biennially from the 1 st April. 2) In case the Committee fails to revise the valuation, the Collector as chairman would enhance the value by 10% of the value so fixed
POWERS FOR SPECIAL REVISION OF BENCHMARK VALUATION Rule 44: The chairman of DLVC may order for a special revision of market value guidelines in any specified area under his jurisdiction in the following circumstances leading to sudden changes in the property value: a) b) c) Setting up of an industry or group of industries or infrastructure projects Development of large scale housing projects Any other special circumstances having an impact on the value of immovable property in any specified area.
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