Landacquisition Fasttrack 120918053142 Phpapp02
Landacquisition Fasttrack 120918053142 Phpapp02
Landacquisition Fasttrack 120918053142 Phpapp02
LAND ACQUISITION
PROCEDURES.
LA Act 1894
as amended by LA Act 1984.
THE TEAM
REVENUE
SURVEY
R. A
3.Reasonable compensation.
4. Civil court has right to
determine the
compensation.
44th amendment
Art. 31
Vs Art. 300A
44th amendment
Art. 31
Vs Art. 300A
44th amendment
Land
1.land
Land
1.Leadership skills.delegation of
work.
2.Communication skills.
3. Team work..
Obstacles
1. Protests
2.Court Cases.
3.Alignment
4.Delay in procedures.
5.Fund
6.Poor monitoring.
Features of Rehabilitation
and Resettlement Policy.
All LA Procedures after 13-11-2011
should according to R& R package.
Rehabilitation and
Resettlement Policy.
1. Just and Reasonable compensation to PAP.
2.The socio economic status of PAP should
not fall below what it was before the
acquisition.
3. Peoples participation should be ensured.
4.Minimum disturbance to the PAP-negative
effects to be minimised.
5.Disbursement of compensation before
taking possession.
Principles of Rehabilitation
and Resettlement Policy.
1. Clearly defined public purpose.
2. There should be a project proposal. LA will commence
only after the approval of the project by the High level
committee.
3. The requisition authority should conduct
Social Impact Assessment.
4. The DLPC will decide classification and value of lands.
Later it will be approved by SLEC.
Principles of Rehabilitation
and Resettlement Policy.
1. Clearly defined public purpose.
2. There should be a project proposal. LA will commence
only after the approval of the project by the High level
committee.
3. The requisition authority should conduct
Social Impact Assessment.
4. The DLPC will decide classification and value of lands.
Later it will be approved by SLEC.
Principles of Rehabilitation
and Resettlement Policy.
5. Urgency clause should be invoked in the rarest of rare
cases.
6. If the acquired land is not utilised within 3 years,RD
will take over the land and assign it for other public
purpose.
7. 4(1) notification is only after the deposit of 25% of
the deposit of cost.
8. Compensation= Negotiated price + value of building
without depreciation.
9. Max. 3 cents land to the families if the salary income is
less than 75000.
10. One member of the oustee family will be considered for
emloyment.
Principles of Rehabilitation
and Resettlement Policy.
11. Minimum 6 month house rent( Rs 5000 to the
PAF if they have no other houses.) form the
date of taken over or till the compensation is
paid whichever is later. Shifting allowance Rs
25000. The residential tenants are also eligible.
12.Tenants ( 3 year old occupation) will be paid
one time allowance.
13 .Small scale Commercial tenants are also eligible
for assistance up to Rs.2,00,000. Rs 6000 to
two employees with 3 yr experience for 6
months.
Principles of Rehabilitation
and Resettlement Policy.
11. Benefit to encroachers ( 3yr)- Rs. 6000 for 6
months. Min 25000 for cost of structures.
Exemptions from
Rehabilitation and
Resettlement Policy.
1.
2.
3.
4.
5.
Survey
6(1)
Jt.Verif.
Notification
4(1)
Declaration.
Valuation
DLPC
SLEC
Agreement
Award
Compen
sation
Taking
possession
LAND ACQUISITION
REQUISITION
Role of requisitioning
department
Requisition
1. 4 copies of the requisition
2. Alignment sketch.
3. Government order.
4. Reason for urgency.
5. Detailed project Report.(DPR)
Form---Rule 3(1)
Appointment of LAO to be
published in the Gazette.
Requisition
1. The requisition shall be in
form No-2
along with the certificate.
2. Alignment sketch.
3.Administrative sanction.
4.Government order./A.S
5.Reason for urgency/reso;ution
Form----
Rule 4(1)
LA Requisition from various
departments.
Certificate
1. Demarcation
That the site was peg marked on
the ground and the
demarcation approved by a
responsible officer.
Certificate
1. Plan
The accurate measurements are
furnished in the plan
attached.
Certificate
1. Objection
That the objection of the land
owners have been considered
and that the selection of
another suitable site less
open to objection is
impossible.
Certificate
1. Sanction
Sanction of the competentent
authority exists.
Certificate
1. Funds
There is provision of funds.
Certificate
1. compensation
Agreed to pay compensation.
PERT
PROBLEMS
Optimum
1.Leadership skills.delegation
of
utilisation of
work.
RESOURCES.
2.Communication skills.
3. Team work..
1.Leadership skills.delegation of
work.
2.Communication skills.
3. Team work..
PERT CHART
First 30 days.
6(1)
1.Leadership skills.delegation of
work.
2.Communication skills.
3. Team work..
TEAM
Collector.Deputy
Collector.Tahsidarstaff.
surveyors..Requisitioning
authority..Representatives of
the people
Together
Everyone
Achieves
More.
Remember..?
No
No
No
No
No
staff.?
vehicle.?
computers.?
stationery..?
refreshments?
SMART CONFERENCES.
Specific.
Measurable.
Achievable.
Realistic.
Time bounded.
Send LA proposal/Checklist.
LAO--DC--Admin. DeptRD..HLC
Proposal.
In the case of agricultural land,the
no of families affecting their
livelihood may be considered.
Availability of
water,electricity,transport and
telecommunication facilities to
the land are also important.
The impact on the environment and
ecological conditions are also to
be taken into account.
Proposal.
Whether there is alternate Govt
land.
Whether there is alternate land
with least number of inhabitants.
Whether there is least hard ship for
the public.
Proposal.
Check the need of
urgency.urgency clause can
be invoked in the rarest of rare
cases
Check List.
RA.purpose of LA.GO (AS) No.
and date.Is there any appd. DPR
..Alignment.pegmarked
demarcation sketch..Land
extenttype..zone.SIS..
Fundsobjectionable
elements..rehabilitation
details
Send LA proposal/Checklist.
LAO-----DC--Admin Dept... Rev,
Dept.----HLC
HLCPoints to be considered.
1. Assess the project.
2. Urgency requirement.
3. Previous history of acquisition.
4. Approval of alignment.
5. Adequacy of funds.25% or 80%.
PERT CHART
Time Management is life
management.
30 days
Joint site inspection completed.
LA Proposal prepared.
Started to collect Basic Records.
(BTR, TPR, Sketch)
- 6(1) notice sent for publication.
60 -90 days
GO from RD received.
Funds received.
Survey
Conducting survey
1. There should be advanced tour
programme for surveyors.
2. Assign specific target for surveyors.
3. Review the work diary of surveyors
and send it to DD Survey.
4. Send the sub division records for
approval.
Sanctioning Urgency
The land can be acquired by
denying the right of the land
owner to file protest.
Sanctioning Urgency
State govt purpose- LAC
Central Government purposeconcerned state govt. dept.
Request should consist of- Report of the LAO.
Requisition attested copy
Alignment Sketch- BTR/TPR
copies.
Letter from RA for Urgency.
Government order.
90-120 days
mahazar.
4(1) Notification.
Form----
3a
Rule 5(1)
Preliminary notification
Normal caseState Government purpose.
Form---Rule 5(2)
3b
Preliminary notification
Normal caseCentral Government purpose.
Form---Rule 6(2)
3c
Preliminary notification
Urgency clauseState Government purpose.
Form---Rule 6(2)
3d
Preliminary notification
Urgency clauseCentral Government purpose.
4(1) Notification
1.The public announcement that
Land acquisition works started..
2.The land is needed or likely to be
needed by Government for a
public purpose.
3. Nobody should deal with the land
notified.
4. Enables the land owner to file
objection.
4(1) Notification
4(1) Notification
DENOVA
DANGER
DENOVA..
LA steps will fall denova if,
120 days
1.Survey works are going on..
2.4(1) notification Published.
3. preparation of Mahazar.
4. Valuation-collection of
documents for valuation&BVR .
4a
Form----
Rule 7(1)
Notice to land owner to furnish
complaints if any, against the
acquisition.(within 3o days of the publication of 4(1) )
Ordinary case- 5A enquiry.
Service of Notices.
1.The person.
2Adult male member of the
family.
3.By affixure.
4.Registerd Post.
Form---Rule 7(2)
4b
Urgency clause.,,,,,,,,,,,,,,
Public Notice after 4(1)
(to be published in VO. Taluk Office and LAO )
Form----
4c
Rule 8(1)
Notice for 5 A enquiry.,,,,,,,,,,,,,,
to land owner who has filed objection
(. )
Calling objection.
In normal cases , immediately
after 4(1) issue notices to
land owners to file objections
for conducting 5A enquiry.
The objections must be filed
within 30 days from the date
of 4(1).
Remember.
There is no 5A
enquiry if the land
is acquired under
urgency clause.
5 A Enquiry
1.Public purpose.
2.Suitability.
3.Excess area.
4.Surplus land.
5.Objectionable element.
Representative of the Requisitioning
authority must be present.
150-180 days
1. Survey/SD records approved dd
PUBLISHED
2. DD Published,
3. BVR prepared
5a
Form---Rule 8(5)
(. ToLRC)
Form---Rule 8(5)
5b
(. To.Government Secretary )
5c
Form---Rule 8(5)
Form----
5d
Rule 8(5)
Urgency clause.. Draft Declaration..
State Government Purpose.
(To.Government secretary.)
Form----
Rule 9(3)
Form----
Rule 9(3)
Agreement in stamp paper with the requisitioning
authority and district Collector.
(For non Govt. Purpose.)
No DD without form -7 agreement.
Publication of DD
1. Gazette.
2. Two dailies.
3. Locality.
Each notification should carefully
be checked.
210 days
1. Valuation completed
2. DLPC Convened and DLPC
recommendations sent to Admn
Dept and Revenue Dept.
DLPC
1.
2.
3.
4.
5.
DLPC
1. The R & R package will be
applicable only to the land
owners who agreed the
settlement. In other cases normal
LA steps will follow.
DLPC
1. Categorisation of land.
2. Fix the land value ,
(BVR value+30%
solatium+Interest) increase up to
99% through negotiation.
DLPC
1. The District collector should
send the DLPC recommendation
to 1. The Administrative Dept.
2.The Revenue department.
Within 90 days of the issue of the
4(1) notification.
The AD will send te report to RD
with their recommendation and
RD will place the
recommendation in the SLPC
SLEC
1.Chief secretary.
2.Revenue Secretary.
3. Admin Dept. secretary.
4. Finance secretary.
5.Law secretary.
SLEC
1. Final Approval of the land value.
2. Need of urgency.
3. Finalise categorisation.
4. Fixing approximate total
compensation to be released to
LAO.
5. After the submission of the
proposal by DC, SLEC will
finalise it within 30 days.
SLEC Letter
1. Seretary Rev B Dept, thrvm.
2. As per GO LA was ordered under
fast track.
3. Details o 4(1)-Gazette/news
paper/locality.
4. Details o DD Details o 4(1)Gazette/news paper/locality.
5. BVR details.Valuation/categories.
6. How many Land owners
agreed/DLPC Details
B
C
D
A
B
C
D
TOTAL
Rep tot
cost
Fairvalue
New Performa.
GO Ms-182/ 12 dt 03/05/12.
Advance possession
Collector issues s.9 notice and take
possession on expiration of 15
days of the date of notice.
In taking possession of a building
the occupier shall be given 48
hours notice to remove the
movable properties.
At the time of taking possesssion
collector may tender 80% of the
estimated compensation to the
land owner.
Form----
Rule 10(2)
Detailed Valuation Statement.
9a
Form---Rule 11(1)
9b
Form---Rule 11(2)
Award enquiry.
To receive objection.
1.Measurement of land.
2.Value of the land.
3.Ownership of the land.
3 identification of the parties.
Award enquiry.
Documents to be produced.
1.Sale deed.
2.Non Encumbrance certificate.
3.Possession certificate.
4.Basic Tax Receipt.
5.Other relevant records.
6.Identification.
Issue a Sample form for RA
Award enquiry.
The claim shall contain.
1.Sale deed.
2.Details of mortgage or charge on
the land.
3.Rent or profit received for the
past 3 years.
4.Whether the area is acceptable.
DC
Rule 12(1)(a)
CLR
Rule (1)(b)
Govt
Rule 12(1)(c)
Passing of Award
Passing of AWARD
270 days.
Award enquiry conducted.
Award passed.
10
Form---Rule 12(1)
Award
.
Form----
10a
Rule 12(5)
Form----
10b
Rule 13(1)
Form---Rule 13(2)
11
Form---Rule 15(3)
12
Form---Rule 15(3)
13
Form---Rule 15(6)
14
420 days
Award passed.
Notices for taking possession
issued
Form---Rule 16
15
Reference Application.
Form---Rule 16
16
Vesting free of
encumbrance:
Payment of amount
awarded by Collector
Reference applications
Protest
Protest
FORM OF APPLICATION
Application by post
Application by co-owner
Joint Application
Date of award
Condition No.(b)
The court has enhanced the
compensation:
Condition No.(d)
The applicant did not make an
application:
To make an application means to make
an effective application. A person
whose application under Section 18
has been dismissed or rejected on the
ground of delay or other technical
grounds is entitled to file an
application under Section 28A ( AIR
2002 SC 3240, 2003 (3) KLT 705,
2004(7)SCC 753).
Condition No.(e)
The applicant is aggrieved by the
award of the Collector:
A person who had not filed an
application under Section 18 is entitled
to file an application under Section 28A
(AIR 2002 SC 3240, AIR 2004 Ker.1).
Condition No.(f)
Application should be filed within three
months:
The limitation starts from the date of
the award relied on and not from the
date of knowledge of that award (1997
(2) KLT 24 SC, AIR 2003 SC 2949,
2003(3)KLT S.N.182). But the time
requisite for obtaining a copy of the
award relied on may be excluded.
Award on agreement
In the case of an award passed by the
Collector on agreement, Section 28A
cannot be invoked (2005(2) KLT 39)
Mode of payment.
Land owner- D fom cheque.
Form---Rule 16
17
Form---Rule 17
18
Form---Rule 18
19
Form---Rule 18
21
Form---Rule 18
22
Form----
22A
Form---Rule 12(2)
Form---Rule 13(3)
Form----
Rule 13(3)
Particulars regarding the acceptance by awardees.
Form----
Rule 14(3)
CHEQUE- Form E for Revenue Deposit..
Form F is acknowledgement for the receipt of
cheques.
13
LACM
.
Thank You
T. James Joseph,
Adhikarathil,
Kottayam,Kerala.