PROJECT REPORT PROCESS & PROCEDURE OF LAND ACQUISITION UNDER RFCTLARR ACT, Submitted By Babita Mishra Addl. Tahasildar, 16 TH Batch

Transcription

1 PROJECT REPORT PROCESS & PROCEDURE OF LAND ACQUISITION UNDER RFCTLARR ACT, 2013 Submitted By Babita Mishra Addl. Tahasildar, 16 TH Batch

2 The Right to Fair Compensation and Transparency in Acquisition Rehabilitation and Resettlement Act, 2013 Introduction The Land Acquisition Act, 1984 was a general law relating to acquisition of land for public purposes and also for companies and for determines the amount of compensation to be made on account of such acquisition. The provision of the said Act was found to be inadequate in address certain issues related to the exercise of the statutory powers of State for involuntary acquisition of private land and property. The Acquisition did not address the issues of rehabilitation and resettlement to affected persons and their families. There had been multiple amendments to the Land Acquisition Act, 1984 not only by the central Government but by the State Governments as well How ever there was growth public concern on land Acquisition, especially multi cropped irrigation rehabilitation and resettlement of displaced persons. As land Acquisition and rehabilitation and resettlement were two sides of the same coin single integrated law to deal with the issues of the land acquisition and rehabilitation and re settlement was necessary. The Right to the fair Compensation and Transparency in Land Acquisition Rehabilitation and resettlement Act addresses concerns of farmer and those whose livelihoods are dependent on the land being acquired while at the same time facilitating land acquisition for industrialization infrastructure and urbanization projects in a timely and transparent manner. This Act represents a change in the legislative approach to land acquisition. It introduces for the first time provisions for social impact analysis recognizes non owners as effected persons a mode of acquisitions requiring consent of the displaced and statuary entitlements for resettlement in addition It has restricted the grounds on which land maybe acquire under the urgency clause.

3 STATEMENT OF OBJECTS AND REASONS The Land Acquisition Act 1984 is the general law relating to acquisition of land for public purposes and also for companies and for determine the amount of compensation to be made on account of such acquisition. The provisions of the said Act have been found to be inadequate addressing certain issues related to the next exercise of the statutory of the state for involuntary acquisition of private land and prop the act does not address the issues of rehabilitation and resettle to the affected persons and their families. SALIENT FEATURES OF THE NEW LAW Definition of Public Purposes 1. Land of strategic purposes relating to the arm forces national security or defense police safety of the people. 2. Land for infrastructure i. Items listed in circular of Government of India Department of Economic affairs (Infrastructure Section) number 13/06/2019 INF dated the 27 march 2012 excluding private hospitals private educational institution 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 dairy fisheries and meat processing as set up of owned by the appropriate iii. Project for industrial corridors or mining activities national investment and manufacturing zones as designed in the national manufacturing policy. iv. Project for water harvesting and water conservation structures sanitation. v. Project for Government administered and government aided educational and research scheme or institution. vi. Project for sports health care tourism transportation space program vii. Any infrastructure facility as may be notified in this regard by the central Government and after tabbing of such notification in parliament.

4 3. Land for project affected people 4. Land for planned development or improvement of village or urban sites or for residential purpose to weaker sections 5. Land for persons residing in areas affected by natural calamities or displaced URGENCY CLAUSE The Urgency Clause can only be invoked in the following cases 1. National defense and security purposes 2. Resettlement & Rehabilitation needs in the event of natural calamities such as floods or earthquakes In case there is double displacement of any individual they will receive an additional compensation of up to 75% of the compensation already provided for under the new law. Definition of Affected families Land Owners: 1. Family or company whose land/other immovable properties have been acquired. 2. Those who are assigned land by the Governments under various schemes 3. Right holders under the forest rights act 2008 Live hoods Losers: 1. Over the first three years a family whose live hood primases dependent on the land being acquired including agriculture laborers tenants or share croppers 2. Over the last three years families which are dependent on the farmer or water bodies for their livelihoods when these are acquires including forest gatherers hunters fisher folk and boatness 3. Over the last three years any family whose livelihood is depend primarily on the land being acquired in the urban areas or family who is residing on the land being acquired in the areas salient Features Of New Law Safeguarding Food Security 1. Multi crop irrigated land will not be acquired except as demonstrator last resort measure which in case should lead to acquire of more than such limits as have been set by the state Government under this Law

5 2. Wherever multi crop irrigated land is acquired an agriculture area of culturable waste land shall be developed for agriculture purposes (or an amount equivalent to the value of the land acquires shall be deposited with the appropriate Government for investing in agriculture for enhancing food security) 3. States are also required to set a limit on the area of agriculture land that can be acquired in any given district 1. And 2. Above shall not be apply in the case of linear project (such as railways, highways, major districts road power lines and irrigation canals A comprehensive compensation package first schedule minimum compensation for land acquisition 1. Market value of the land a. The minimum land value if any specified in the Indian state Act 1899 for the registration of sale deeds in the area the land situated or (b) The average of the sale price for similar type of land schedule in the immediate areas adjoining the land being acquire ascertained from fifty percent of the sale deeds registration during the preceding three years where higher price been paid or whichever is higher Provided that the market value so calculated for Rural Areas shall be multifield by a multiplier factor up two 2. Value of the assets attached to land building trees well crop etc as valued by the relevant govt authority Total compensation Solatium 100% of total compensation 4. Where land acquired for urbanization 20% of the developed land will be reserved And offered to land owning project attached families in proposition to their land acquired and at price to cost of the acquisition and the cost of development in case the project affected family wishes to avail of this offer, an estimate amount will be deducted from the land acquisition compensation package payable to it

6 5. The company for whom land is being acquired may offer shares limited to 25% of the compensation amount in case the project affected family wishes to avail of this offer an equivalent compensation package payable to it Minimum compensation for Land IIIustrative Sliding Scale: This Multiplier factor will gradually rise from 1 to 2 as we move away from urban locations into rural areas The precise slabs will be left to respective State Governments. IIIustrative Sliding Scale (precise Scale to be determined by each state Government) Redial Distance from Urban area (KM) Multiplier factor Minimum R&R Entitlements A comprehensive R&R package (Second Schedule) 1. Subsistence allowance at Rs 3000 per month per family for 12 months 2. The affected families shall be entitled to a. Where job are created through the project mandatory employment for one member per effected family or b. Rupees 5 Lakhs per family or c. Rupees 2000 per month per family as annually for 20 years with appropriate index for inllation The option of availing (a) or (b) or (c) shall that of affected family 3. If a house lost in a rural areas, a constructed house provided as per the Indira Awas yojana if is lost in urban areas a constructed house shall be proceed which will be not less than 50 sq mts in plinth area In either case the equivalent cost of the house may be provide in lieu of the house as per the preference of the affected family. 4. One acer of land to each family in the command area acquired for an irrigation project if possible but the same as be in lieu of compensation 5. RS:50000 for transportation 6. A one -time resettlement allowances of Rs:50000

7 Special provisions for SCs/STs In addition to The R&Rpackage SC/ST families will be to the following additional benefits 1. Land to be given to each family in every project work case of irrigation project 2. One time financial assistance of RS: per family. 3. Families settled outside the district shall be entitled to one address 25% R&R benefits. 4. Payment of one third of the compensation amount at nearly. 5. Performance in relocation and resettlement in area in same block. 6. Free land for community and social gatherings. 7. In case of displacement a development plane is to be provided. 8. Continuation of reversion and other schedules V & VI area benefits from displaced area to resettlement area. Enhanced roll for panchayati raj institution ESP Gram sabha SIA in consultation with PRIs: The social impact assessment to be carried out in consultation with the respective of Panchayati Raj Institutions SIA Reports to be shared : Reports prepared under the social Assessment are to be shared with the individuals in their language along with a summary Representation in expert group: The expert group has to two members belonging to the panchayati Raj Institution is a powerful body that has the power to reject a project Hearings in all Gram sabhas : In case where an affected area more than one Gram panchayat or municipality. Public

8 CHAPTER VI PROCEDURE AND MANNER OF REHABILITATION AND RESETTLEMENT 43. Appointment of Administrator (1) Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land than the State Government shall by notification appoint in respect of that project an officer not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be the Administrator for Rehabilitation and Resettlement. (2) The Administrator shall with a view to enable him to function efficiently and to meet the special time frame be provided with such powers duties and responsibilities as may be prescribed by the appropriate Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the appropriate Government may decide. (3) Subject to the superintendence directions and control of the appropriate Government and Commissioner for Rehabilitation and Resettlement the formulation execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator. 44. Commissioner for rehabilitation and resettlement (1) The State Government shall appoint an officer of the rank of Commissioner of Secretary of that Government for rehabilitation and resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and Resettlement. (2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes of plans and proper implementation of such schemes or plans. (3) The Commissioner shall be responsible for the post-implementation social audit in consultation with the Gram Sabha in rural areas and municipality in urban areas. 45. Rehabilitation and resettlement committee at project level- (1) Where land proposed to be acquired is equal to or more than one hundred acres the appropriate Government shall constitute a Commissioner under the Chairmanship of the Collector to be called the Rehabilitation and resettlement

9 Committee to monitor and review the progress implementation of the Rehabilitation and Resettlement scheme and carry out post-implementation social audits in consultation with the Gram Sabha in rural areas and municipality in urban areas. (2) The Rehabilitation and Resettlement Committee shall in apart from officers of the appropriate Government the following members namely- (a) a representative of women residing in the affected areas. (b) a representative each of the Scheduled Castes and the Scheduled Tribes residing in the affected area. (c) a representative of a voluntary organization working area. (d) ) a representative of a nationalized bank. (e) the Land Acquisition Officer of the Project. (f) the Chairpersons of the panchayats of municipalities in the affected area of their nominees. (g) the Chairpersons of the District Planning Committee or his.. (h) the Member of Parliament Member of Legislative Assembly of the concerned area of their nominees. (i) a representative of the Requiring Body and (j) Administrator for Rehabilitation and Resettlement as the Convener. (3) The procedure regulating the discharge of the process in this section and other matters connected thereto of the Rehabilitation and Resettlement committee shall be such as may be prescribing the appropriate Government. 46. Provisions relating to rehabilitation and resettlement apply in case of certain persons other than specified persons. Where any person other than a specified person is purchasing land the Private negotiations for an area equal to or more than such time may be notified by the appropriate Government considering the relate state specific factors and

10 circumstances for which the payment Rehabilitation and resettlement costs under this Act. Is requires shall file an application with the District Collector notifying him. (a) Intent to purchase. (b) Purpose for which such purchase is being made. (c) Particulars of lands to be purchased. (2) It shall be the duty of the Collector to refer the matter to a Commissioner for the satisfaction of all relevant provisions under Act related to rehabilitation and resettlement. (3) Based upon the Rehabilitation and Resettlement Scheme apprised by the Commissioner as per the provisions of this Act. The Collector shall pass individual awards covering Rehabilitation and Resettlement entitlements as per the provisions of the Act. (4) No land use change shall be permitted if rehabilitation and resettlement is not complied with in full. (5) Any purchase of land by a person other than specified person without complying with the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio. Provided that the appropriate Government may provide for rehabilitation and resettlement provisions on sale or purchase of land in its and shall fix the limits of ceiling for the said purpose. (6) If any land has been purchased through private negotiations by a person on or after the 5 th day of September 2011 which is more than such limits referred to in sub- section (1) and if the same land is acquired within three years from the date of commencement of this Act. Then forty percent of the compensation paid for such land acquired shall be shared with the original land owners. Explanation- For purpose of this section the expression- (a) Original land owner refers to the owner of the land as on the 5 th day of September (b) Specified persons includes any person other than-

11 (i) Appropriate Government (ii) Government Company. (iii) Association of persons or trust or society as registered under the societies Registration Act (21 of 1880) wholly partially aided by the appropriate Government or controlled by the appropriate Government. 47. Quantification and deposit of rehabilitation and resettlement amount- Where the Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment of such amount into an account in compete satisfaction of such obligations.which shall be administered by the Administrator appointed under section 48 under the supervision of the Collector. The core issues that could not be answer under land acquisition Act of 1894, Understanding of public purpose and its frequent application including for land acquisition for private project Applicability of Emergency clause Consent of people Calculation of fair compensation for the land and the fixed assets over it Rehabilitation and resettlement of displaced family

12 Land acquisition in Odisha The process frame work for land acquisition in Odisha. Filling the Requisition for LA by RO to Collector-cum Appropriate Govt. Reference by Collector to State SIA Unit SIA unit prepares TOR and ESIMATA Submission of SIA fee by RO Notification for social Impact Assessment study U/S 40 Completion of SIA report within 6 month from the date of its commitment The process frame work for land acquisition in Odisha Appraisal of SIA Report by an expert group Recommendation of expert group within the two month of its constitution Notification for Land Acquisition U/S Declaration U/S-19 1 year time for issuing Declaration from the date of preliminary Notification Enquire and Land Acquisition by Collector U/S-30

13 Process Frame Work 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 land to be acquired U/S-38 Possession to be taken after ensuring full employment of compensation to be paid within 3 month and R&R with a period of 6 months from the date of the Award made U/S-30 and U/S-37.