​

WELCOME TO PRESENTATION �ON

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013

� What is land acquisition�Land acquisition is the process by which the government acquires private property for public purpose .� Till 2013 land acquisition in India was governed by land acquisition act 1894�

• Key problems with land acquisition act 1894

Under the 1894 Act Govt could acquire any land as it wishes to, in the name of “public purpose” . The term “public purpose” was ambiguous and open to executive discretion. So poor peoples land was acquired at throw away price in pretext of development project.

Sometimes such projects never started and the same cheap land was sold at higher price to real estate developers without building anything for “public purpose” .

​

• No safeguards: No real appeal mechanism to stop the process of acquisition. A hearing under section 5 is prescribed but this was not a discussion for negotiation. The views expressed are not required to be taken on board by the officer conducting the hearing .
• Silent on resettlement and rehabilitation of those displaced: No provisions in the 1894 law relating to the resettlement and rehabilitation of those displaced by the acquisition.
• Urgency clause: This is the most criticized section of the law the clause never truly defines what constitutes an urgent need and leaves it to the discretion of the acquiring authority.
• key problems with the land acquisition act 1894
• Low rates of compensation: The rates paid for the land acquired are the prevailing circle rates in the area which are notorious for being outdated and hence not even remotely indicative of the actual rates prevailing in the area .
• Litigation: Even where acquisition has been carried out the same has been challenged in litigation on the grounds mentioned above. This results in the stalling of legitimate infrastructure project.

​

• The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement (RFCTLARR) Act 2013 which came into force from 1st January 2014 .
• The principal objective of the new Act is fair compensation, thorough resettlement and rehabilitation of those affected, and complete transparency in the process of land acquisition. The title has been amended to reflect this .
• Retrospective operation: To address historical injustice it applies retrospectively to cases where no land acquisition award has been made . Also in case where the land was acquired 5 years ago but no compensation has been paid and acquisition process will be started a fresh.

• Silent features of RFCTLARR Act 2013
• Social impact assessment
• Consent of families 70% to 80%
• Market rate price
• Additional relief to SC and ST
• Restriction on fertile land
• Dispute settlement mechanism
• Accountability of HOD .

• Important provisions for new law
• Compensation : Compensation in rural areas would be calculated by multiplying market value by 2 and adding assets attached to land or building and then adding a solatium. Within 10 KM from urban area would be calculated by multiplying market value by 1.5 and adding assets attached to land or building and adding a solatium. In urban areas it would be market value plus assets attached to the land and solatium.
• Illustration:

1. Piece of land in outside of 10 KM from urban area of market value 1000000

Multiplying it by 2 that is 1000000* 2 = 2000000

Adding value of assets 200000 lacs attached to the land = 2200000

Adding 100% solatium the final compensation = 4400000

2. Piece of land within 10 KM from urban area of market value 1000000

Multiplying it by 1.5 that is 1000000* 1.5 = 1500000

Adding value of assets 200000 lacs attached to the land = 1700000

Adding 100% solatium the final compensation = 3400000

3.A piece of Land of market value 1000000 in urban area

Adding value of assets 200000 attached to the land = 1200000

Adding 100% solution if final composition is equal to 2400000

• Land is a scarce natural resources
• Article 300 (A) of the Constitution says no person can be deprived of his property save by authority of law. Land Acquisition Act fulfils the constitutional obligation.
• LA Act 1894 was 120 year old.
• Absence of cohesive national law that address fair compensation, rehabilitation and resettlement to the land owner
• Absence of provision to address the issues directly affected from the loss of livelihood
• Absence of proper mechanism for arriving market value of land
• Absence of provision for weaker sections of the society (Sec. 41)

​

​

​

Introduction & Need for a new Act

Salient features of RFCTLAR&R Act 2013

• First time provision of Social Impact Assessment Study for proposed projects prior to Preliminary Notification.
• Recognize non owners as Affected Families like Share Croppers, Tenants and Agricultural Labourers
• A mode of Acquisition requiring consent of displaced persons ( for private companies 80% and for PPP projects 70%)
• Statutory rehabilitation and resettlement entitlements for the project affected families
• Restricted the grounds on which land may be acquired under the urgency clause
• Recognition of principle of Social cost minimisation
• Special Provision for food security U/S 10 of the Act( no irrigated multi-cropped land shall be acquired).
• Return of land to Land Bank/Original Owners as per section 101 of the Act.

Important Provisions of the RFCTLAR&R Act 2013

Difference between Old and New Act

Difference between Old and New Act

Step by Step Procedure followed for Land Acquisition as per RFCTLAR&R Act , 2013

Requisitioning Authority submit Proposal for Land Acquisition to Collector

​

Collector sends Proposal to State Unit, Omeo Kumar Das Institute of Social Change and Development (OKDISCD/OKD) for SIA Study

​

OKD prepare Terms of Ref( ToR) and Estimate for conducting the SIA Study and intimate to Collector

​

Requisitioning Authority Deposit the money

​

Collector select Agency from empaneled list and request Government for Notification U/S 4 of the Act to conduct SIA study

​

SIA study by OKD and publication in the locality

​

Cont….

Formation of Expert group by Collector and Conducting of Gram Sabha

​

Collector to submit Specific proposal and Expert Group Recommendation to Govt.

​

Notification by the Government U/S 8(2) and publication in the locality

Preliminary Notification U/S 11(1) of the Act for Acquisition

​

Objection hearing U/S 15 of the Act

​

Declaration U/S 19(1), after verifying the Sanction Estimate, Fund certificate, R&R Certificate and no objection certificate

​

Notice to Awardees U/S -21 and Payment of compensation U/S 23 of the Act

​

Power to take possession U/S 38 of the Act

​

Challenges Faced by the Authority

• Timely completion of SIA study.
• Consent of displaced persons ( for private companies 80% and for PPP projects 70%)
• Conducting Gram Sabha and getting people consent.
• Calculation of Market Value of land.
• Identifying the Affected Families(In addition to to land owner).
• Litigation due to inheritance.
• Multiple sales which have not been properly recorded.
• Tough Resettlement and Rehabilitation laws.
• More need of land for Big Institution and Industries .
• Land Record updation.

​

​

Way Ahead

• Complete digitization and real time updation of land records.
• Using of latest technology in revenue offices for land record updation.
• Assurance of stable high speed internet connectivity for real time land records updation.
• Rent Abatement and Revision of Records in a time bound manner
• Effective R&R Mechanism

• END

​

• CHAPTER II : DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE

A.—PRELIMINARY INVESTIGATION FOR DETERMINATION OF SOCIAL IMPACT AND PUBLIC PURPOSE

• 4. Preparation of Social Impact Assessment study.
• 5. Public hearing for Social Impact Assessment.
• 6. Publication of Social Impact Assessment study.

B:APPRAISAL OF SOCIAL IMPACT ASSESSMENT REPORT BY AN EXPERT GROUP

• 7. Appraisal of Social Impact Assessment report by an Expert Group.
• 8. Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government.
• 9. Exemption from Social Impact Assessment.
• CHAPTER III : SPECIAL PROVISION TO SAFEGUARD FOOD SECURITY
• 10. Special provision to safeguard food security.
• CHAPTER IV : NOTIFICATION AND ACQUISITION
• 11. Publication
• 11. Publication of preliminary notification and power of officers thereupon.
• 12. Preliminary survey of land and power of officers to carry out survey.
• 13. Payment for damage.
• 14. Lapse of Social Impact Assessment report.
• 15. Hearing of objections.

• 16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.
• 17. Review of the Rehabilitation and Resettlement Scheme.
• 18. Approved Rehabilitation and Resettlement Scheme to be made public.
• 19. Publication of declaration and summary of Rehabilitation and Resettlement.
• 20. Land to be marked out, measured and planned including marking of specific areas.
• 21. Notice to persons interested.
• 22. Power to require and enforce the making of statements as to names and interests.
• 23. Enquiry and land acquisition award by Collector.
• 24. Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases.
• 25. Period within which an award shall be made.
• 26. Determination of market value of land by Collector.
• 27. Determination of amount of compensation.
• 28. Parameters to be considered by Collector in determination of award.
• 29. Determination of value of things attached to land or building.
• 30. Award of solatium.

• CHAPTER V
• REHABILITATION AND RESETTLEMENT AWARD
• 31. Rehabilitation and Resettlement Award for affected families by Collector.
• 32. Provision of infrastructural amenities in resettlement area.
• 33. Corrections to awards by Collector.
• 34. Adjournment of enquiry.
• 35. Power to summon and enforce attendance of witnesses and production of documents.
• 36. Power to call for records, etc.
• 37. Awards of Collector when to be final.
• 38. Power to take possession of land to be acquired.
• 39. Additional compensation in case of multiple displacements.
• 40. Special powers in case of urgency to acquire land in certain cases.
• 41. Special provisions for Scheduled Castes and Scheduled Tribes.
• 42. Reservation and other benefits.

Special provisions for Scheduled Castes and Scheduled Tribes

• 41. Special provisions for Scheduled Castes and Scheduled Tribes.–(1) As far as possible, no acquisition of land shall be made in the Scheduled Areas.
• (2) Where such acquisition does take place it shall be done only as a demonstrable last resort.
• (3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force: Provided that the consent of the Panchayats or the Autonomous Districts Councils shall be obtained in cases where the Gram Sabha does not exist or has not been constituted.

(4) In case of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or the Scheduled Tribes families, a Development Plan shall be prepared, in such form as may be prescribed, laying down the details of procedure for settling land rights due, but not settled and restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive together with land acquisition.

(5) The Development Plan shall also contain a programme for development of alternate fuel, fodder and non-timber forest produce resources on non-forest lands within a period of five years, sufficient to meet the requirements of tribal communities as well as the Scheduled Castes.

(6) In case of land being acquired from members of the Scheduled Castes or the Scheduled Tribes, at least one-third of the compensation amount due shall be paid to the affected families initially as first instalment and the rest shall be paid after taking over of the possession of the land.

(7) The affected families of the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity.

(8) The resettlement areas predominantly inhabited by the Scheduled Castes and the Scheduled Tribes shall get land, to such extent as may be decided by the appropriate Government free of cost for community and social gatherings.

(9) Any alienation of tribal lands or lands belonging to members of the Scheduled Castes in disregard of the laws and regulations for the time being in force shall be treated as null and void, and in the case of acquisition of such lands, the rehabilitation and resettlement benefits shall be made available to the original tribal land owners or land owners belonging to the Scheduled Castes. 25

(10) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects.

(11) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are relocated outside of the district, then, they shall be paid an additional twenty-five per cent. rehabilitation and resettlement benefits to which they are entitled in monetary terms along with a onetime entitlement of fifty thousand rupees.

• 42. Reservation and other benefits.–(1) All benefits, including the reservation benefits available to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the resettlement area.
• (2) Whenever the affected families belonging to the Scheduled Tribes who are residing in the Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the Sixth Schedule to the Constitution are relocated outside those areas, than, all the statutory safeguards, entitlements and benefits being enjoyed by them under this Act shall be extended to the area to which they are resettled regardless of whether the resettlment area is a Scheduled Area referred to in the said Fifth Schedule, or a tribal area referred to in the said Sixth Schedule, or not.
• (3) Where the community rights have been settled under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), the same shall be quantified in monetary amount and be paid to the individual concerned who has been displaced due to the acquisition of land in proportion with his share in such community rights.

• CHAPTER VI : PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT
• 43. Appointment of Administrator.
• 44. Commissioner for rehabilitation and resettlement.
• 45. Rehabilitation and resettlement committee at project level.
• 46. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons.
• 47. Quantification and deposit of rehabilitation and resettlement amount.
• CHAPTER VII : NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT
• 48. Establishment of National Monitoring Committee for rehabilitation and resettlement.
• 49. Reporting requirements.
• 50. Establishment of State Monitoring Committee for rehabilitation and resettlement.

• CHAPTER VIII
• ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY
• 51. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
• 52. Composition of Authority.
• 53. Qualifications for appointment as Presiding Officer.
• 54. Terms of office of Presiding Officer.
• 55. Staff of Authority.
• 56. Salary and allowances and other terms and conditions of service of Presiding Officers.
• 57. Filling up of vacancies.
• 58. Resignation and removal.
• 59. Orders constituting Authority to be final and not to invalidate its proceedings.
• 60. Powers of Authority and procedure before it.
• 61. Proceedings before Authority to be judicial proceedings.
• 62. Members and officers of Authority to be public servants.
• 63. Jurisdiction of civil courts barred.
• 64. Reference to Authority.
• 65. Collector‘s statement to Authority.
• 66. Service of notice by Authority.
• 67. Restriction on scope of proceedings.
• 68. Proceedings to be in public.
• 69. Determination of award by Authority.
• 70. Form of award.
• 71. Costs.
• 72. Collector may be directed to pay interest on excess compensation.
• 73. Re-determination of amount of compensation on the basis of the award of the Authority.
• 74. Appeal to High Court.

• CHAPTER IX : APPORTIONMENT OF COMPENSATION

​

• 75. Particulars of apportionment to be specified.
• 76. Dispute as to apportionment.
• CHAPTER X : PAYMENT
• 77. Payment of compensation or deposit of same in Authority.
• 78. Investment of money deposited in respect of lands belonging to person incompetent to alienate.
• 79. Investment of money deposited in other cases.
• 80. Payment of interest.
• CHAPTER XI : TEMPORARY OCCUPATION OF LAND
• 81. Temporary occupation of waste or arable land, procedure when difference as to compensation exists.
• 82. Power to enter and take possession and compensation on restoration.
• 83. Difference as to condition of land.
• CHAPTER XII : OFFENCES AND PENALTIES
• 84. Punishment for false information, mala fide action, etc.
• 85. Penalty for contravention of provisions of Act.
• 86. Offences by companies.
• 87. Offences by Government departments.
• 88. Cognizance of offences by court.
• 89. Offences to be non-cognizable.
• 90. Offences to be cognizable only on complaint filed by certain persons.

• CHAPTER XIII : MISCELLANEOUS
• 91. Magistrate to enforce surrender.
• 92. Service of notice.
• 93. Completion of acquisition not compulsory, but compensation to be awarded when not completed.
• 94. Acquisition of part of house or building.
• 95. Acquisition of land at cost of a local authority or Requiring Body.
• 96. Exemption from income-tax, stamp duty and fees.
• 97. Acceptance of certified copy as evidence.
• 98. Notice in case of suits for anything done in pursuance of Act.
• 99. No change of purpose to be allowed.
• 100. No change of ownership without permission to be allowed.
• 101. Return of unutilised land.
• 102. Difference in price of land when transferred for higher consideration to be shared.
• 103. Provisions to be in addition to existing laws.
• 104. Option of appropriate Government to lease.
• 105. Provisions of this Act not to apply in certain cases or to apply with certain modifications.
• 106. Power to amend Schedule.
• 107. Power of State Legislatures to enact any law more beneficial to affected families.
• 108. Option to affected families to avail better compensation and rehabilitation and resettlement.
• 109. Power of appropriate Government to make rules.
• 110. Rules made by Central Government to be laid before Parliament.
• 111. Rules made by State Government to be laid before State Legislature.
• 112. Previous publication of rules made by Central and State Government.
• 113. Power to remove difficulties.
• 114. Repeal and saving.

• *2. Application of Act.–(1) The provisions of this Act relating to land acquisition, compensation, rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for its own use, hold and control, including for Public Sector Undertakings and for public purpose, and shall include the following purposes, namely:—
• (a) Relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people; or
• (b) for infrastructure projects, which includes the following, namely:—
• (i) all activities or items listed in the notification of the Government of India in the Department of Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated the 27th March, 2012 ,excluding private hospitals, private educational institutions and private hotels;
• (ii) projects involving agro-processing, supply of inputs to agriculture, warehousing, cold storage facilities, marketing infrastructure for agriculture and allied activities such as dairy, fisheries, and meat processing, set up or owned by the appropriate Government or by a farmers' cooperative or by an institution set up under a statute;
• (iii) project for industrial corridors or mining activities, national investment and manufacturing zones, as designated in the National Manufacturing Policy;
• (iv) project for water harvesting and water conservation structures, sanitation;
• (v) project for Govt administered, Govt aided educational and research or institutions;
• (vi) project for sports, health care, tourism, transportation or space programme;
• (vii) any infrastructure facility as may be notified in this regard by the Central Government and after tabling of such notification in Parliament;

• *2. Application of Act.– (c) project for project affected families;
• (d) project for housing for such income groups, as may be specified from time to time by the appropriate Government;
• (e) project for planned development or the improvement of village sites or any site in the urban areas or provision of land for residential purposes for the weaker sections in rural and urban areas;
• (f) project for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by the Government, any local authority or a corporation owned or controlled by the State.
• (2) The provisions of this Act relating to land acquisition, consent, compensation, rehabilitation and resettlement, shall also apply, when the appropriate Government acquires land for the following purposes, namely:—
• (a) for public private partnership projects, where the ownership of the land continues to vest with the Government, for public purpose as defined in sub-section (1);
• (b) for private companies for public purpose, as defined in sub-section (1):
• Provided that in the case of acquisition for—
• (i) private companies, the prior consent of at least eighty per cent, of those affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3; and
• (ii) public private partnership projects, the prior consent of at least seventy per cent. of those affected families, as defined in sub-clauses (i) and (v) of clause (c) of section 3,
• shall be obtained through a process as may be prescribed by the appropriate Government:

• *2. Application of Act.–Provided further that the process of obtaining the consent shall be carried out along with the Social Impact Assessment study referred to in section 4:
• Provided also that no land shall be transferred by way of acquisition, in the Scheduled Areas in contravention of any law (including any order or judgment of a court which has become final) relating to land transfer, prevailing in such Scheduled Areas.
• (3) The provisions relating to rehabilitation and resettlement under this Act shall apply in the cases where,—
• (a) a private company purchases land, equal to or more than such limits in rural areas or urban areas, as may be prescribed by the appropriate Government, through private negotiations with the owner of the land in accordance with the provisions of section 46;
• (b) a private company requests the appropriate Government for acquisition of a part of an area so prescribed for a public purpose:
• Provided that where a private company requests the appropriate Government for partial acquisition of land for public purpose, then, the rehabilitation and resettlement entitlements under the Second Schedule shall be applicable for the entire area which includes the land purchased by the private company and acquired by the Government for the project as a whole.

Details of the Land Acquisition Act

​

• Under this Act land will be acquired for public purpose for (i) the appropriate Govt., including P.S.U.s, for (ii) P.P.P. projects, (iii) private companies.

32

Requisition for acquisition of land

• Requiring Body shall submit detailed proposal for acquisition of land to the Collector and Commissioner, Rehabilitation & Resettlement.
• Collector shall conduct preliminary enquiry about the correctness of the particulars furnished in the requisition and shall calculate the approximate cost of acquisition of the land and other charges and arrive at the administrative cost.

33

Consent

• For P.P.P. projects :

70 % of the affected families.

​

• For private companies :

80% of the affected families.

​

Sec-2 (2)

34

�Social Impact Assessment Study �

​

• An S. I. A. study needs to be carried out, when it is intended to acquire land for public purpose Sec-4
• There will be an S.I.A. Unit in the State.
• The State Govt. will issue Notification for S.I.A. after receipt of the processing fees from the RD.
• The SIA will be completed within 6 months from its commencement.
• The State Govt. will select the S.I.A. team from the empanelled list of S.I.A. Units with the State Govt.

​

​

35

�S.I.A. study to include (Sec-4.4) :�

• (i) Whether it serves public purpose
• (ii) Affected families & families likely to be displaced
• (iii)Land proposed is absolute bare minimum
• (iv) If L.A. at alternate place has been considered and found not feasible.
• (v) study of social impacts of the project & the nature and cost of the addressing them vis-a-vis the benefits of the project.

​

36

Social Impact Management Plan {Sec-4 (6)}

​

• The authority conducting S.I.A. study shall prepare a Social Impact Management Plan also, which will present the ameliorative measures to be undertaken to address the social impacts identified in the course of the assessment and submit the SIMP along with the S.I.A. report.

​

37

�Public hearing for Social Impact Assessment (Sec-5) :�

​

• Public hearing in the affected areas to be conducted, giving wide publicity about the date, time & venue seeking feedback on the findings of the SIA
• Views of the affected families to be recorded and included in the final Social Impact Assessment study Report.

​

38

��Appraisal of S.I.A. report by an Expert Group (Sec-7) : ��

• Report of the S.I.A. shall be evaluated by an independent multi-disciplinary Expert Group, constituted by the Govt.
• The Expert Group includes:
• 2 non official social scientists
• 2 reps of Panchayat/Gram Sabha/Municipality/ Municipal Corporation as the case may be
• 2 experts on rehab.
• 1 technical expert in the subject relating to the project

​

39

Recommendations of the Expert Group {Sec-7 (5)}

Expert Group shall furnish its recommendations on the proposed acquisition within 2 months to the appropriate Govt.

• To abandon the project, if

(i) the project does not serve any public purpose.

(ii) the social cost & adverse social impact of the project outweigh the potential benefits

• To make specific recommendations ,if

(i) The project will serve any public purpose

(ii) the potential benefits outweigh the social cost & adverse social impact of the project.

40

�Examination by the Govt. and its decision as regard to the proposed acquisition (Sec-8) :�

​

• The Govt. after considering all the reports of the Expert Group and of the Collector, if any, will recommend such area for acquisition which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact of the individuals affected.

​

​

​

​

41

�Preliminary Notification {Sec-11 (1)}:�

• A preliminary Notification U/S 11(1) along with details of the land to be acquired shall be published in

(a) Official Gazette;

(b) two daily news papers circulating in the locality;

(c) in the local language to the Panchayat, Municipality or Municipal Corporation as the case may be, and in the offices of District Collector, the Sub Divisional Magistrate & the Tehsil ;

(d) uploaded in the website of the Govt. and

(e) in the affected areas.

42

• Immediately after issuance of the Notification the Gram Sabhas / Municipalities / Autonomous Councils shall be informed about the contents of the Notification and a meeting shall be called specially for this purpose {Sec-11 (2)}.

​

​

43

�Lapse of the Social Impact Assessment report (Sec-14) :�

​

• If the Preliminary Notification U/S 11(1) is not issued within 12 months from the date of appraisal of the S.I.A. report submitted by the Expert Group U/S 7 then such report shall be deemed to have been lapsed.

​

• Govt. shall have the power to extend the period of 12 months, if in its opinion circumstances exist justifying the same.

​

44

�Hearing of Objections (Sec-15) :�

​

• Any person interested in any land which has been notified U/S 11(1), may within 60 days from the date of the publication of the preliminary Notification object to
• (a) the area and suitability of the land proposed to be acquired
• (b) justification offered for public purpose
• (c) the findings of the Social Impact assessment report in writing to the Collector.
• Collector shall send the report on objection with his recommendations to the appropriate Govt.

​

​

45

Administrator for Rehabilitation & Resettlement

​

• Administrator R & R is an officer not below the Rank of ADC, SDO or equivalent official of Revenue Deptt. appointed by the State Govt. by notification for the project.

46

�Preparation of Rehabilitation & Resettlement Scheme (Sec-16) :�

• After publication of the preliminary notification, the Administrator for Rehabilitation & Resettlement shall conduct a survey and census of the affected families, based on which he shall prepare a draft Rehabilitation & Resettlement scheme.
• The survey and census part will be completed within 2 months.
• The draft Scheme shall be made known locally by wide publicity in the affected area and a public hearing shall be conducted.
• The Administrator shall submit the draft Rehabilitation & Resettlement Scheme along with the objections and claims raised in the public hearing to the Collector.

​

47

�Approval of the Rehabilitation & Resettlement Scheme �

​

• Collector shall review the draft Scheme within 1 month and submit along with his recommendations to the Commissioner, Rehabilitation & Resettlement for approval (Sec-17).
• The approved R & R scheme shall be published in the affected area by affixing a copy of it in a notice board of the District Collector, Sub-Divisional Officer, Circle Officer, Panchayat, Municipality or Municipal Corporation and will be uploaded in the web site of the Government and the District Collector (Sec-18).

​

​

​

48

Elements of Rehabilitation & Resettlement

​

• The affected families of the Projects where

preliminary notification under sub-section (1) of section 11 of the Act, is issued are entitled to receive elements of rehabilitation and resettlement as per Second and Third Schedule

49

Entitlement as per Second Schedule

• House to be allotted  
• Land to be allotted
• Transportation cost
• Housing allowances 
• Annuity
•  Employment
•  Subsistence grant
• Cattle shed
•  Petty shop
• Fishing rights
•  One time grant
•  One time resettlement allowance

​

​

50

Entitlement as per Third Schedule

51

State Monitoring Committee for Rehabilitation and Resettlement (Sec -50)

​

• The State Government shall constitute a State Monitoring Committee for monitoring and reviewing the progress of implementation of the Rehabilitation and Resettlement Schemes or plans under the Act

52

The Rehabilitation and Resettlement Committee at Project Level (Sec-45)

• The State Government shall constitute a Rehabilitation and Resettlement Committee at project level if land proposed to be acquired is equal to or more than 100 acres to monitor and review the progress and implementation of the Rehabilitation and Resettlement Scheme and to carry out post-implementation social audits in consultation with the Gram Sabha in rural area and municipality in urban areas.

​

53

Provisions of R&R in case of land purchased through private negotiation (Sec-46)

​

• Application of the provisions relating to Rehabilitation & Resettlement is extended in case of land purchased through private negotiation by any persons other than the Government, Government Company and Trust or Society aided or controlled by the Government.

​

• The limit of area for such purchase shall be determined by the appropriate Govt.

​

​

54

Publication of Declaration :�

• When the appropriate Govt. is satisfied, after considering the report of the Collector, if any, that any particular land is needed for a public purpose, a Declaration shall be made to that effect, along with a declaration of an area identified as the “resettlement area” for the purposes of rehabilitation and resettlement of the affected families {Sec-19 (1)}.
• A summary of the Rehabilitation & Resettlement scheme shall also be published along with the Declaration {Sec-19 (2)}.

​

55

• No Declaration shall be made unless the Requiring Body deposits an amount, in full or part, toward the cost of acquisition of the land {Sec-19 (2)}.

​

• Where no declaration is made U/S 19(1) within a period of 12 months from the date of publication of the preliminary Notification, then such notification shall be deemed to have lapsed. Govt. shall have the power o extend the period of 12 months, if in its opinion circumstances exist justifying the same {Sec-19 (7)}.

​

​

56

�Public notice to persons interested (Sec-21) : �

​

• The Collector shall publish public notice on his websites and cause public notice to be given at convenient places on or near the land to be acquired, stating that the Govt. intends to take possession of the land and inviting claims to compensations and rehabilitation & resettlement for all interests in such land.

​

57

Making of Award (Sec-25) :�

• The Collector shall make an Award within a period of 12 months from the date of publication of the Declaration U/S 19 and if no Award is made within that period, the entire proceedings for the acquisition shall lapse.

​

​

​

​

​

58

Compensation to be awarded (Sec-26, 30 & First Schedule)

• (i) Market value of the land

​

• (ii) Multiplication by a factor in the case of rural area :: 1.00 to 2.00 based on the distance of the project from urban area.

​

• (iii) Multiplication by a factor in the case of urban area :: 1.00

​

• (iv) Value of assets attached to land or building

​

• (v) Solatium :: 100% of the market value of land, multiplied by the factor specified for rural areas or urban areas above plus Value of assets attached to land or building

​

• The Collector shall, in every case, award an amount calculated @ 12 % per annum on the market value of the land, for the commencing on and from the date of publication of the Notification of the SIA study in respect of the land, till the date of the Award or the date of taking possession of the land, whichever is earlier.

​

​

​

​

​

59

Factor notified by the Govt. of Assam for rural area

​

• Within a radial distance of 10 Km from urban area =1.5

​

• Beyond a radial distance of 10 Km from urban area = 2

60

�Rehabilitation & Resettlement Award {Sec-31 (1)} :�

​

​

• The Collector shall pass Rehabilitation & Resettlement Awards for each affected families in terms of the entitlements provided in the Second Schedule.

61

Compensation for acquisition of land under the 13 nos. of Acts specified in the Third Schedule

• The provisions relating to compensation in accordance with the First Schedule of the Act,

R&R specified in the Second Schedule of the Act and infrastructure amenities specified in the Third Schedule of the Act shall be extended to acquisition of land under the 13 (thirteen) Acts mentioned in the Fourth Schedule of the Act (which also includes N.H. Act, 1956) w.e.f. 1^st January, 2015.

62

�Power to take possession of land to be acquired {Sec-38 (1)} :�

​

• The Collector shall take possession of the acquired land after ensuring full payment of compensation as well as rehabilitation & resettlement entitlements are paid or tendered to the entitled persons, within a period of 3 months for the compensation & a period of 6 months for the monetary part of rehabilitation & resettlement entitlements from the date of the award made U/S 30.

​

63

�Specials powers in case of Urgency (Sec-40) :�

• In cases of urgency, whenever the Govt. so directs, the Collector though no such awards have been made, may, on the expiration of 30 days from the publication of the notice U/S 21, take possession of any land needed for a public purpose (minimum area for defence of India or national security or any emergencies arising out of natural calamities or any other emergency with the approval of Parliament) free from all encumbrances.

​

• Before taking possession of any land the Collector shall tender payment of 80 percent of the compensation for such land to the person interested entitled to.

​

• In case of urgency Govt. may direct that any or all of the provisions of Chapter-II to Chapter-VI shall not apply.

​

64

Acquisition in the Scheduled areas (Sec-41)�

• As far as possible no acquisition of land shall be made in the Scheduled areas.

​

• For acquisition or alienation of land in Scheduled areas prior consent of the Gram Sabha/Panchayat/ Autonomous District Council shall be obtained, in all cases of acquisition, including in cases of urgency.
• A development plan shall be prepared for settling the land right dues and restoring the titles of the SC & ST families displaced by the acquisition

​

​

65

� Land Acquisition, Rehabilitation and Resettlement Authority {Sec-51 (1)}:�

• Any person interested, who has not accepted the Award, by written application to the Collector, require that the matter may be referred by the Collector for the determination of the Authority, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, apportionment of the compensation among the persons interested etc. {Sec-64 (1)}.

​

• The Collector shall within 30 days from the date of receipt of application, make a reference to the appropriate Authority.

​

66

Return of unutilized land (Sec-101) :�

• When any land acquired under this Act remains unutilized for a period specified for setting up of any project or for 5 years, whichever is later from the date of taking over possession, the same shall be returned to the original owner/legal heirs of the owner or to the Land Bank of the Govt. by reversion.

​

67

�END

68

​

​

ASSAM LAND (REQUISITION AND ACQUISITION) ACT, 1964

• 2. Defination : (a) "Collector","land" and "person interested" have the same meaning as in the Land Acquisition Act, 1884
• (b) "court" means a principal Civil Court of original jurisdiction, and includes the court of any Additional Judge, Subordinate Judge or Munsif .
• (c) "displaced Person" means-
• (i) any person, who on account of this setting up on the two Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan has been compelled to leave his place of residence in such area after the 1st day of March, 1974 and who has subsequently been residing in India and is in distress, or
• (ii) a person who has been displaced due to various acquisition proceedings relating to land in Assam since 1943.
• (d) "Owner" means proprietor or patta holder and his co-sharer ;

Power to requisition.

• 3. Power to requisition. - (1) If in the opinion Govt or any person authorised in this behalf by Govt it is necessary so to do, for maintaining supplies and services essential to the life of the community or for providing proper facilities for accommodation, transport, communication, irrigation, flood control and anti-erosion measures including embankment and drainage or for providing land individually or in groups to landlees, flood affected or displaced persons, or to a society registered under the Assam Co-operative Societies Act, 1949 or a company incorporated under the Companies Act, 1956 or a company incorporated under the Companies Act, 1956 formed for the benefit and rehabilitation of landless, flood affected or displaced persons [or to provide land for the purpose of construction of border fencing and allied works, including border roads and check posts connected therewith, along Bangladesh border] the Govt or the person so authorised, as the case may be, may by order in writing, requisition any land may make such further orders as appear to it or to him to be necessary or expedient in connection with the requisitioning.

​

Power to requisition.

• 3. Power to requisition. -
• (2) An order under sub-section (1) shall be served in the prescribed manner on the owner of the land and where the order relates to land in occupation of a tenant, also on such tenant.
• (3) When the order for requisition is made by any authority other than Govt, any person interested in the land, within 30 days from the date of service of the order, may appeal to Govt and the decision of Govt in such appeal shall be final.

​

• 4. Power to take possession of requisitioned land. (1)Authority by an order in writing, direct the owner, the tenant, or possessor to surrender or deliver possession thereof to the Collector .
• (2) If any person refuses or fails to comply with Authority, may take possession of the land and may, for that purpose, use such force as may be necessary.
• (3) An order under sub-section (1) shall be served in the prescribed manner on the owner of the land and where the order relates to land in occupation of a tenant or any other person also on such tenant or occupant.
• 5. Repairs to buildings. - Where any land with building standing thereon is requisitioned under Section 3, the State Government or the person authorised in this behalf by the State Government may order the owner to execute such repairs as may be necessary .

• 6. Acquisition of land. - (1) Where any land has been requisitioned under Section 3, the Govt may use or deal with it in such manner as may appear to it to be expedient and may acquire such land by publishing in the official Gazette, a notice to the effect that the Govt has decided to acquire such land in pursuance of this section.
• (2) Where a notice as aforesaid is published in the official Gazette, the requisitioned land and premises shall, on and from the beginning of the day on which the notice is so published, vest absolutely in the State Government free from all encumbrances and the period of requisition of such land shall end -
• (3) Subject to the provisions of this Act on such vesting, the provisions of the Land Acquisition Act, 1894 (Act 1 of 1894) with the rules framed thereunder shall, so far as may be apply to such land

• 7. Notice to persons interested. - (1) After the publication of a notice under sub-section (1) of Section 6, the Collector shall cause public notice and that claims to compensation for all interests in such land may be made to him.
• (2) Such notice shall state the particulars of the land so acquired, and shall require all persons interested.

​

• 8. Release from requisition (1) Where any land requisitioned under Section 3 is not acquired and is to be released from requisition, it will revert to the owner or person interested who was recognised under sub-section (4) of Section 11 in as good a condition as the land was when possession thereof was taken subject only to the changes caused by reasonable wear and tear and irresistible force.

​

• 9. Speedy acquisition of land in certain cases. - (1) Notwithstanding anything contained herein before, if in the opinion of the Govt or the Collector it is necessary or expedient to acquire speedily any land for works or other development measures in connection with flood control and anti-erosion measures including embankment and drainage, [or for the construction of border fencing and allied works including border roads and check posts connected therewith along Bangladesh border], the State Govt or the Collector by order in writing TO acquire the land stating the area and boundaries thereof.
• (2) The Collector shall cause the order passed under sub-section (1) to be served in such manner as may be prescribed on the owner of the land and also on the tenant or the occupant in cases where the owner is not in occupation of the land and also a notice to the same effect stating that claims to compensation for all interests in the land may be made to him within such time as may be prescribed.
• Provided that when the person to be so served is not readily traceable or the ownership of the land is in dispute, the Collector shall cause the above order and notice to be published in such manner as may be prescribed

• 10. Vesting and taking possession of land acquired under Section 9. - (1)When an order of acquisition is served or published under sub-section (2) of Section 9, the land shall vest absolutely in the Govt free from all encumbrances on the date the order is so served or published.
• (2) The Collector may, at any time after the land becomes so vested, proceed to take possession thereof.
• (3) On such vesting, the order passed under sub-section (1) of Section 9 shall be published in the official Gazette in the manner prescribed.
• 11. Compensation. - (1) Subject to the provisions of subsection (2), whenever any land is acquired under Section 6 or Section 9 there shall be paid compensation the amount of which shall be determined by the Collector. ),
• (3) The Collector shall make an award in accordance
• (4) Where any land is requisitioned under Section 3, there shall be paid RENT

​

• 12. Reference to Court. - (1) The Collector shall in in every case, -
• (a) Where any person aggrieved by an award made under Sub-section (3) of Section 11 makes an application requiring the matter to be referred to the Court; or
• (b) Where there is any disagreement with regard to the compensation payable under Sub-section (4) of Section 11 on the application of the person entitled to compensation requiring the matter to be referred to Court.,
• refer the matter to the decision of the Court.
• 13. Payment of interest. - When the amount of any compensation payable under this Act is not paid or deposited within thirty days from the date of the award the Collector shall pay the amount awarded with interest thereon at the rate of 6 percent per annum from the date of the award until is shall have been so paid or deposited.

​

​

​

• THE NATIONAL HIGHWAYS ACT, 1956

​

• 3. Definitions.—In this Act, unless the context otherwise requires,—
• (a) “competent authority” means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification;
• (b) “land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth.

​

• 3A. Power to acquire land, etc.—(1) Where the Central Government is satisfied that for a public purpose any land is required for the building, maintenance, management or operation of a national highway or part thereof, it may, by notification in the Official Gazette, declare its intention to acquire such land.
• (2) Every notification under sub-section (1) shall give a brief description of the land.
• (3) The competent authority shall cause the substance of the notification to be published in two local newspapers, one of which will be in a vernacular language.
• 3B. Power to enter for survey, etc

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART-II, SECTION 3,

SUB SECTION (ii) ] GOVERNMENT OF INDIA

​

MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS

(Department of Road Transport and Highways)

NOTIFICATION

NEW DELHI, Dated the 200..

S.O. (E).- In exercise of powers conferred by sub-section (1) of section 3A of the

National Highways Act, 1956 (48 of 1956) (hereinafter referred to as the said Act),

the Central Government, after being satisfied that for the public purpose, the land,

the brief description of which is given in the Schedule below, is required for building

(widening / four-laning, etc.), maintenance, management and operation of National

Highway No….., in the stretch of land from Km…… to Km. ….. (……………. Section) in

the district of………. in the State of …….., hereby declares its intention to acquire such

land;

Any person interested in the said land may, within twenty-one days from the date of

publication of this notification in the Official Gazette, object to the use of such land

for the aforesaid purpose under sub-section(1) of section 3C of the said Act.

Every such objection shall be made to the competent authority, namely, the ……

in writing and shall set out the grounds thereof and the competent authority shall give

the objector an opportunity of being heard, either in person or by a legal practitioner,

and may, after hearing all such objections and after making such further enquiry, if any,

as the competent authority thinks necessary, by order, either allow or disallow the

objections. Any order made by the competent authority under sub-section (2) of section 3C of the said Act shall be final. The land plans and other details of the land covered under this notification are available and can be inspected by the interested person at the aforesaid office of the competent authority.

​

[F No …………………………]

( )

Deputy Secretary to the Government of India

[F No …………………………]

( )

Deputy Secretary to the Government of India

• 3C. Hearing of objections.—(1) Any person interested in the land may, within twenty-one days from the date of publication of the notification under sub-section (1) of section 3A, object to the use of the land for the purpose or purposes mentioned in that sub-section.
• (2) Every objection under sub-section (1) shall be made to the competent authority in writing and shall set out the grounds thereof and the competent authority shall give the objector an opportunity of being heard, either in person or by a legal practitioner, and may, after hearing all such objections and after making such further enquiry, it any, as the competent authority thinks necessary, by order, either allow or disallow the objections.
• (3) Any order made by the competent authority under sub-section (2) shall be final.

• 3D. Declaration of acquisition.—(1) Where no objection under sub-section (1) of section 3C has been made to the competent authority within the period specified therein or where the competent authority has disallowed the objection under subsection (2) of that section, the competent authority shall, as soon as may be, submit a report accordingly to the Central Government and on receipt of such report, the Central Government shall declare, by notification US 3D in the Official Gazette, that the land should be acquired for the purpose or purposes mentioned in sub-section (1) of section 3A.
• (2) On the publication of the declaration under sub-section (1), the land shall vest absolutely in the Central Government free from all encumbrances.

• 3D. Declaration of acquisition.—
• (3) Where in respect of any land, a notification has been published under sub-section (1) of section 3A for its acquisition but no declaration under sub-section (1) has been published within a period of one year from the date of publication of that notification, the said notification shall cease to have any effect:
• Provided that in computing the said period of one year, the period or periods during which any action or proceedings to be taken in pursuance of the notification issued under sub-section (1) of section 3A is stayed by an order of a court shall be excluded.
• (4) A declaration made by the Central Government under sub-section (1) shall not be called in question in any court or by any other authority.

• [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)]
• GOVERNMENT OF INDIA
• MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS
• (Department of Road Transport and Highways)
•  NOTIFICATION
•  NEW DELHI, Dated the 200..
•  
• S.O. (E).– Whereas by the notification of the Government of India in the Ministry of Shipping, Road Transport and Highways, Department of Road Transport and Highways number S.O……. dated…….., published in Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) issued under sub-section (1) of section 3A of the National Highways Act, 1956 (48 of 1956) (hereinafter referred to as the said Act), the Central Government declared its intention to acquire the land specified in the Schedule annexed to the said notification for building (widening / four-laning, etc.), maintenance, management and operation of National Highway No…… on the stretch of land from Km….. to Km…. (….. Section) in …… in the State of …….. 
• And whereas the substance of the said notification has been published in “………….” dated the ……….. and “……….” dated …………..; under sub-section (3) of section 3A of the said Act; 

And whereas no objection has been received from any person by the competent authority; Or And whereas objections have been received and the same have been considered and disallowed by the competent authority; 

• And whereas, in pursuance of sub-section (1) of section 3D of the said Act, the competent authority has submitted its report to the Central Government;
• Now, therefore, upon receipt of the said report of the competent authority and in exercise of the powers conferred by sub-section (1) of section 3D of the said Act, the Central Government hereby declares that the land specified in the said Schedule should be acquired for the aforesaid purpose; 
• And further, in pursuance of sub-section (2) of section 3D of the said Act, the Central Government hereby declares that on publication of this notification in the Official Gazette, the land specified in the said Schedule shall vest absolutely in the Central Government, free from all encumbrances.
•  

​

​

[F No …………………………]

 ( Deputy Secretary to the Government of India

• 3E. Power to take possession.—(1) Where any land has vested in the Central Govt US 3D(2), and the amount determined by the competent authority under section 3G with respect to such land has been deposited US 3H(1), with the competent authority by the Central Govt, the competent authority may by notice in writing direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within sixty days of the service of the notice.
• (2) If any person refuses or fails to comply with any direction made under sub-section (1), the competent authority shall apply—
• (a) in the case of any land situated in any area falling within the metropolitan area, to the Commissioner of Police;
• (b) in case of any land situated in any area other than the area referred to in clause (a), to the Collector of a District,and such Commissioner or Collector, as the case may be, shall enforce the surrender of the land, to the competent authority or to the person duly authorised by it.
• 3F. Right to enter into the land where land has vested in the Central Govt.

• 3G. Determination of amount payable as compensation.—(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.
• (2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent, of the amount determined under sub-section (1), for that land.
• (3) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.

• (4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land.
• (5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government--
• (6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.

• (7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration—
• (a) the market value of the land on the date of publication of the notification under section 3A;
• (b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;
• (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;
• (d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change. Detail Report (Statement)

Detail Report (Statement)

• Estimate

Draft Award

Final Award

Final disputed Award

APR

Handing over possession

• 3H. Deposit and payment of amount.—(1) The amount determined under section 3G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land.
• (2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.
• (3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.
• (4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.

​

• (5) Where the amount determined under section 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent, per annum on such excess amount from the date of taking possession under section 3D till the date of the actual deposit thereof.
• (6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section
• (5) shall be deposited by the Central Govt in such manner as may be laid down by rules made in this behalf by that Govt, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit.

• 3I. Competent authority to have certain powers of civil court.—The competent authority shall have, for the purposes of this Act, all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:—
• (a) summoning and enforcing the attendance of any person and examining him on oath;
• (b) requiring the discovery and production of any document;
• (c) reception of evidence on affidavits;
• (d) requisitioning any public record from any court or office;
• (e) issuing commission for examination of witnesses.

Land acquisition through Direct Purchase by way of negotiated settlement for all Departments in the State of Assam

​

RFCTLARR Act, 2013 & ARFCTLARR Rules, 2015 includes provisions for Rehabilitation and Resettlement (R&R) of project affected families and persons in addition to the compensation for acquisition of land .

​

Number of sequential compulsory processes, involvement of a number of bodies as well as statutory waiting time between different processes which takes considerable time from issuance of Notification to taking over possession of land.

​

Adopting the policy of Direct Purchase will not only fast track the process of land procurement but also will simplify the process. This will provide the opportunity to the land losers to negotiate on the cost of their land they will be paid, which will result in less litigation from the land owners.

​

�Steps and features of Direct Purchase procedure�

Step 1: The Requiring Department shall finalize the minimum extent of land required for the public purpose and submit requisition to the concerned Deputy Commissioner in Form-A.

Step 2: A District Level Land Purchase Committee (DLLPC) under the chairmanship of the Deputy Commissioner is to be constituted for direct purchase of land as well as fixation of market value etc. The DLLPC will comprise of the following persons:

• Deputy Commissioner........................................Chairman
• Additional Deputy Commissioner (Rev).......Member Secretary
• Representative of the Requisitioning Deptt.......... Member
• Revenue Circle Officer...........................................Member
• Sub-Registrar.......... …………………………………………….Member
• Representative of the other concerned

assessing Department....... …………………………………..Member

​

Step 3: Joint inspection: Concerned Revenue Circle Officer and the representative of the Requisitioning Deptt. will conduct joint inspection of the requisite land. The area of land and immovable properties attached to it will be measured and mapped.

​

Step 4: General Notice: General Notice will be issued by the District Level Land Purchase Committee (DLLPC) to the land owners regarding proposed purchase of the land.

​

Step 5: Preparation list of willing land owners :A list may be prepared for those land owners who may agree to sell the land after ascertaining the actual owner of the land, if necessary, by conducting field enquiry. Willingness of the land owners shall be obtained in writing in Form-B1 & F-B2.

​

​

​

​

Step 6: Publication of list : The list shall be published inviting objections, if any, regarding interest and ownership of the land, etc. For receiving objections from the land owners, a waiting period of 1 (one) month shall be given.

​

 Step 7: Valuation of land and assets : DLLPC will prepare the valuation of land and assets. The Requiring Department may also define a few typical immovable assets of different categories and fix the guidance price through appropriate authority. This price of the assets attached to the land may be calculated on pro-rata basis on typical immovable assets mentioned above.

Step 8: The valuation of the land and assets, if any thereon, the particulars of the land, name of owners, etc. shall be prepared.

​

​

​

Step 9: The Direct Purchase price shall be higher on the compensation calculated as per provisions of section 26 to 30 & First Schedule of the RFCTLARR Act, 2013 with multiplier of market rate of land defined through the Govt. Notification No.RLA.300/2013/Pt-II/7dated 22/12/2014. The resettlement & rehabilitation benefit shall be deemed included in it.

Step 10: On completion of the statutory waiting period specified in step 6, the DLLPC will inform the respective land owners, who are interested or not raising any objections for negotiation.

​

Step 11: Pre-informed negotiation(s) with the respective land owners will be carried out by DLLPC

Step12: Agreement :The settlement reached in the negotiation shall be recorded as Agreement through Form-C and Form –D for land owners and for interested persons other than the land owners, if any, respectively. An undertaking (in Form-B) may be signed by the land owners declaring that they will not claim for payment of higher compensation in any court of law or any other forum and shall abide by the sale agreement finalized in the DLLPC. The land owners and other interested persons have to provide their electronic transfer details through electronic transfer Mandate Form.

Step 13: Requisition of funds : The District Collector/ Deputy Commissioner may requisition necessary funds from the Requiring Department.

​

Step 14: Award: The Deputy Commissioner/District Collector shall make an award according to the terms of such agreement. Possession of the land is taken through paying the negotiated price directly to the land owners or persons interested other than the land owners, if any, through electronic transfer to their respective bank accounts.

​

​

 Step 15: The list of the willing rightful land owners so prepared may be communicated to the concerned Sub-Registry office for registration of Conveyance Deed. The Stamp duty in the Indian Stamp Act, 1899 will be exempted in respect of instrument executed by or on behalf of, or in favour of Government

Step 16: The concerned Deputy Commissioner will transfer the land in favour of the Requiring Department and make necessary changes/corrections in the land records.

Step 17: In the event of any owner refusing to sell the land or any of the owners having objected or not interested with the direct purchase through negotiation, the respective land may be acquired through land acquisition process of the RFCTLARR Act, 2013 and the rules framed there under.

​

​

• The cost of Direct Purchase and process of Direct Purchase shall be borne by the Requisitioning Department.

• The Direct Purchase method will be all encompassing and inclusive of all compensation and Resettlement and Rehabilitation (R&R) benefits, as specified in the RFCTLARR Act, 2013 or in R&R benefits of Multilateral Development Banks for Titleholders. The purchase price of land shall be fixed based on negotiations and mutual consent and hence, no separate R&R benefits shall be payable to the land owners.

• The formats for application and other requisite Forms are enclosed as Annexure-2, Form-A. The procedure for calculating the Direct Purchase price of land, and other properties attached with it is provided in Annexure-3.

​

Direct purchase price:

The land owners will get an incentive of 25%, inclusive of R&R benefits, on the compensation calculated as per provisions of Section 26 to 30 and First Schedule of the Act, as he has readily agreed to be a part of the project.

The Price of Direct Purchase (DP) will be: -

DP 1.25 x {2 x [(R x M x A) + (B+O)] + [0.12 x Y x (R x A)]}

Where:

R is the base rate of land

M is the Multiplication factor

A is the affected area

B is the market value of Buildings

O is the value of all immovable assets & standing crops

Y is the year from the date of notification to award of compensation

 DETAIL REPORT: {2 x [(R x M x A) + (B+O)] + [0.12 x Y x (R x A)]}

The Direct Purchase method will be all encompassing and inclusive of all compensation and R&R benefits, as specified in the RFCTLARR Act, 2013 or in R&R benefits of MDBs for Titleholders. The purchase price of land shall be fixed based on negotiations and mutual consent, hence no separate rehabilitation and resettlement benefits shall be payable to the landowners.

​

• THANK YOU