The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

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

The Bill is called the Land Acquisition, Rehabilitation and Resettlement Act, 2011

Legislative Brief The Land Acquisition, Rehabilitation and Resettlement Bill, 2011

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

I U B Reddy The World Bank New Delhi, India

Presentation on RFCTLARR Act, March 22, 2018

Land Acquisitions Act 1894 (1of 1894)

LAND ACQUISITION BILL: THEN AND NOW

INSIDE RFCTLARR ACT, 2013

CONTENTS DIVISION ONE GUIDE TO RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION & RESETTLEMENT ACT,

NO.632/ (29)2004

GOVERNMENT OF BIHAR DEPARTMENT OF REVENUE AND LAND REFORMS NOTIFICATION. No-1401/र ०

WELCOME. Chitra Sampath, Senior Advocate 1

Summary of Land Acquisition, Resettlement and Rehabilitation Policy for Infrastructure Development Project 2015

De Jure. September 3, Rajani Associates simple solutions

Practice Followed by APIIC in Land Acquisition & Industrial Area Management

Land Acquisition in India

JAMMU AND KASHMIR REHABILITATION AND RESETTLEMENT POLICY (DRAFT)

Land Acquisition Rehabilitation and Resettlement Act, 2013

Legislative Brief The Land Acquisition (Amendment) Bill, 2007

UNIT 7 THE LAND ACQUISITION ACT (LAA), 1894: AWARD AND COMPENSATION

Resettlement Policy Framework for Power Transmission and Distribution Projects

Andhra Pradesh Rural Roads Connectivity Project The Asian Infrastructure Investment Bank assisted

South African Council for Town and Regional Planners

ECONOMIC EXCELLENCE ZONES & REAL ESTATE: ISSUES & OPPORTUNITIES. Real Estate Issues With Specific Reference to SEZs

Resettlement Planning Document

RP1 85 November The Resettlement Policy Framework (RPF) Report on the GEF Hai Basin Project. (Final Version)

Multifamily Housing Revenue Bond Rules

DELHI DEVELOPMENT AUTHORITY NOTIFICATION

LAND ACQUISITION FOR RAILWAY INFRASTRUCTURE PROJECTS

Heathrow Expansion. Draft Land Acquisition and Compensation Policies. Agricultural Land and Property

Resettlement, Relief, Rehabilitation and Compensation Policy. May, Barowalias House, Khallini, Shimla ( HP)

The Mines and Minerals (Development

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

APPLICATION FOR LAND ACQUISITION

MADE EASY WEST BENGAL CO-OPERATIVE SOCIETIES LAW

RESETTLEMENT POLICY FRAMEWORK AND PROCEDURAL GUIDELINES GAUNGXI ROADS DEVELOPMENT II PROJECT

REPUBLIC OF MACEDONIA

LETTER TO COMPANY - DRAFT CITY OF LONDON LAW SOCIETY LAND LAW COMMITTEE CERTIFICATE OF TITLE (7 TH EDITION 2016 UPDATE)

Miscellaneous NO 368/ Ka(25)2013 Dated Lucknow,May, 12, 2015

SUMMARY LAND ACQUISITION PLAN. Supplementary Appendix to the. Report and Recommendation of the President to the Board of Directors.

Decree on State Land Lease or Concession

6. The Screening Committee will meet every fortnight and consider all the cases received.

PRACTICE AREA Step-by-step CHECKLIST

Land Improvement Act

Social Impact Assessment of Projects involving Land Acquisition in India: Implications of RFCTLARR Act, 2013

The Cantonments (Requisitioning of Immovable Property) Ordinance,1948.

Expropriation. Recommended Policy Wordings (full): Lao National Land Policy. Context. Policy. Standard of Public Purpose

Public Relations Department, Chandigarh Administration Press Release

LAND ACQUISITION FRAMEWORK

Minerals and Mining (Compensation And Resettlement) Regulations, 2012 (L.I. 2175)

THE MANUAL OF TENANCY LAWS

NAGPUR IMPROVEMENT TRUST Station road, Sadar, Nagpur

SCHOOL SECTOR PROGRAM (SSP) FRAMEWORK FOR LAND ACQUISITION THROUGH VOLUNTARY DONATION OR WILLING SELLER WILLING BUYER PROCESS

6.1 Introduction and History of Land Acquisition Act History of Law of Land Acquisition in India

RP607. Summary of Land Acquisition & Resettlement Policy Framework JAMAICA: JM Hurricane Dean ERL Project. A. Introduction. B. Means of Obtaining Land

The Odisha Land Reforms Act, 1960 Odisha Act 16 of 1960 & The Odisha Land Reforms (General) Rules, 1965

LAND UTILIZATION AND SETTLEMENT RULES, 1962

Kazakhstan: Proposed Moinak Electricity Transmission Project Land Acquisition Policy Framework

Republic of Turkey Additional Financing to Second Renewable Energy and Energy Efficiency Project Resettlement Policy Framework For TSKB and TKB

THE LAND POOLING RULES OF THE KINGDOM OF BHUTAN 2009 ROYAL GOVERNMENT OF BHUTAN MINISTRY OF WORKS AND HUMAN SETTLEMENT

REPUBLIC OF ALBANIA THE ASSEMBLY. LAW No. 9235, dated ON RESTITUTION AND COMPENSATION OF PROPERTY

Retail Leases Amendment Act 2005 No 90

Land Cadastre Act. Chapter 1. Passed RT I 1994, 74, 1324 Entry into force (except 3 which entered into force on 1.01.

Legal Analysis of Memorandum of Understanding between the Government of Timor Leste and GTLeste Biotech. Legal issues concerning land and evictions

Issue January 2018 Imposition of VAT on the supply of undeveloped buildable land

Change is in the air with regard. feature

GOVERNMENT OF KARNATAKA PUBLIC WORKS DEPARTMENT KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT - II

LAW ON EXPROPRIATION (Official Gazette of the Republic of Montenegro, No 55/00, 12/02, 28/06)

IC Chapter 10. Leasing and Lease-Purchasing Structures

Punjab Act No. 10 of Contents

Rehabilitation & Resettlement (R&R) Policy (June-2010)

FRAMEWORK FOR LAND ACQUISITION THROUGH VOLUNTARY DONATIONS OR WILLING BUYER/WILLING SELLER PROCESSES

Replies to Queries of the Bidders

IMPLEMENTATION OF FLEXICADASTRE IN ZAMBIA

NATIONAL GANGA RIVER BASIN AUTHORITY

Income from House Property-

National Land Use Policy

Article. Fast Track Merger- faster way of corporate restructuring. BarshaDikshit and

THE HIMACHAL PRADESH AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS PROVISIONS (BANKS) ACT, 1972 ARRANGEMENT OF SECTIONS.

LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) BILL, 2015

Land Administration and Management in Nepal" Krishna Raj B.C. Joint Secretary Ministry of Land Reform and Management Nepal

Taxation of Real Estate Transactions Under Income Tax and Service Tax

Intensive Study Course on Conveyance / Deemed Conveyance

Model Regulations for Grant of Transferable Development Rights

IND: Railway Sector Investment Program

AKSHAYA SHAKTI NIDHI (GREEN ENERGY FUND) - KARNATAKA

(b) Section 43(4) of the Real Estate (Regulation and Development) Act, 2016 reads as below:

ACQUISITION POLICY IN INDIA; AN INTROSPECTION

BYLAW C

Social Safeguards Due Diligence Report

Guide For Buyers. Online, Transparent, Convenient Auctioneers Licensed across Australia & New Zealand

Registration of Cooperative Housing Society

Resettlement Policy framework for the Albania s Improvement of the Management and Conditions of the Secondary and Local Roads Project

CONCLUSION AND SUGGESTIONS

PROCEDURE FOR MUTATION OF PROPERTY IN ASSESSMENT & COLLECTION DEPARTMENT MUNICIPAL CORPORATION OF DELHI

UNRA Connecting Uganda! LA - DRBD 1

Social Screening and Impact Assessment for Sub Projects. B. Justification of project design and alternative analysis:

Strata Titles Act Reform. Sean Macfarlane, Senior Lawyer, Landgate

Subject: Clarification on CA Certificates

Transcription:

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 CAME INTO FORCE ON 1.1.2014 (VIDE GOI GAZETTE NOTIFICATION DT. 19.12.2013) DR. R. K. SRIVASTAVA ADDL. GENERAL MANAGER

WHY NEW LAW Heightened Public concern on Land Acquisition issues Absence of a national law to provide for the Resettlement, Rehabilitation and Compensation for loss of livelihoods Outdated Law While multiple amendments have been made to the Original Act, the principal law continues to be the same i.e. the Land Acquisition Act of 1894 Need for Balance Addressing concerns of farmers and those whose livelihoods are dependent on the land being acquired while facilitating land acquisition for industrialization, infrastructure and urbanization

Why a Combined Law Land Acquisition and Resettlement & Rehabilitation need to be seen necessarily as two sides of the same coin; Resettlement & Rehabilitation must always, in each instance, necessarily follow upon acquisition of land; Not combining the two - R&R and land acquisition - within one law, risks neglect of R&R. This has, indeed, been the experience thus far; This is the first National/ Central Law on the subject of Resettlement and Rehabilitation of families affected and displaced as a result of land acquisition

Scope of RFCTLARR Act 2013 Both LA and R&R Provisions(irrespective of area) apply when: 1) Government acquires land for its own use, hold and control or for PSU; (Direct Acquisition without consent of land owners) 2) Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose (including PPP projects but other than national highway projects); (provided 70% of the project affected families give consent to the proposed acquisition) 3) Government acquires land for immediate and declared use by private companies for public purpose. (provided 80% of the project affected families give consent to the proposed acquisition)

Scope of RFCTLARR Act 2013 Only R&R provisions will apply when: Purchase through private negotiation beyond specified limit in urban and rural areas (to be finalized by concerned State Govt.) Punjab Govt. fixed 100 acre for both urban and rural areas, in Orissa it will be governed by Orissa Land Reforms Act,1960. No Acquisition of land: Land for private companies for private purposes; No acquisition of land in Scheduled Areas as far as possible If inevitable prior consent of Gram sabha/panchayat, District Council must with special provisions. Any multi-crop irrigated land (beyond specified limit) for public purposes Wherever multi crop irrigated land is acquired an equivalent area of culturable waste land shall be developed for agricultural purposes (or an amount equivalent to the value of the land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing foodsecurity).

ACTIVITY CHART FOR LAND ACQUISITION FOR SUBSTATION UNDER THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION AND REHABILITATION & RESETTLEMENT ACT, 2013 Substation Site Selection Submission of Proposal for Land Acquisition Notification under sec-4 Time frame (Max) from start to possession of land: 3 Years + 9 month = 3 Yrs. 9 months. Pre- Notification Social Impact Assessment conducted by State Govt. Legitimacy of Public Purpose and SIA is approved by Expert Committee Sec. 7 and by Govt.sec-8 Publication of Preliminary Notification Sec. 11 Sec 4 of LAA, 1894 9 months 12 months Notification census Survey & Preparation of R & R Scheme by Administrator Section 16 Public Hearing on R&R scheme Sec. 16(5) and approval sec-17-18 Finalization of R&R Scheme (within 1 Year of PN) 1 Year Declaration Sec. 19 Sec. 6 of LAA, 1894 Award Sec. 30 Disbursement of Compensation & R&R benefit Sec-38 Sec. 11 of LAA, 1894 1Year 3 months for Com. 6 months for R&R (No possession without this)

Compensation for Land 1. Market value of the land: a) the minimum land value, if any, specified in the Indian Stamp Act, 1899 for the registration of sale deeds in the area, where the land is situated; or b) the average of the sale price for similar type of land situated in the village or vicinity, ascertained from fifty percent of the sale deeds registered during the preceding three years, where higher price has been paid; or c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership project. whichever is higher Market value x Multiplier between 1 to 2 in rural areas only (No multiplier in urban areas). 2. Value of the assets attached to land: Building/Trees/Wells/Crop etc. as valued by relevant govt. authority; Total compensation = 1+2 3. Solatium: 100% of total compensation 4. 12% interest on market value of land w.e.f. SIA Notification till date of Award

Urgency Clause-Section 40 Urgency Clause only in the following cases: National defense and security purposes; R&R needs in the event of emergencies or natural calamities; To be exercised in 'rarest of rare' cases. In case of Urgency Clause: Addl. Compensation to the tune of 75% levied Social Impact Assessment is exempted Return of Land Land returned to original owner/legal heirs/ land bank if not used in 5 years for the purpose for which it is acquired.

Retrospective Operation Section-24 (1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act. 1894,- (a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed. (2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the LAA 1894, where an award under section-11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed

Role and Responsibility of State Govt. for start of Implementation of Act ESTABLISHMENT OF SOCIAL IMPACT ASSESSMENT (SIA) UNIT selecting the SIA team for each project from the individuals and institutions registered/empanelled in the State Database To develop Project specific ToR Ensuring no conflicts of interest involving the team members FORMULATION OF EXPERT GROUP TO STUDY SIA REPORT AND RECOMMENDATION Commissioner, R&R to appoint the members of the Expert Group Names of group members to be publically disclosed LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY Appointment of Presiding Officer OFFICE OF THE COMMISSIONER R&R Appointment of Commissioner Rehabilitation and Resettlement Appointment of Project Specific Administrator for Rehabilitation and Resettlement THE STATE LEVEL MONITORING COMMITTEE USER FRIENDLY WEBSITE AS A PUBLIC PLATFORM TO DISCLOSE ENTIRE WORK FLOW OF EACH ACQUISITION CASE.

INDICATIVE ONLY (CONCERNED STATE TO DECIDE FINAL FACTOR) Radial Distance from urban area (km) Multiplier Factor 0 10 1.00 10 20 1.20 20 30 1.40 30 40 1.80 40 50 2.00 Punjab fixed 1.25 for 1-10 km, 1.50 for 10-20 km and 2.00 for above 20 km; Karnataka fixed 2.00 for all rural areas (irrespective of distance from Urban Areas).

COMPOSITION OF EXPERT GROUP (SECTION-7(2) Two non-official Social Scientists; Two representatives of Panchayat/ Gram Sabha/ Municipality/ or Municipal Corporation; Two experts on Rehabilitation and A technical expert in the subject relating to the project

ROLE/RESPONSIBILITIES OF REQUIRING BODY IN SIA PROCESS Social Impact Assessment (SIA) mandatory in all cases of acquisition of land for Public Purpose under the Act except under urgency clause- Rule 10 (1 & 3) No SIA will be commissioned by the Requiring Body- Rule 12 (1) The State Government shall identify or establish an independent organisation (hereinafter referred to as the State SIA Unit), which will be responsible for ensuring all SIAs as per the provisions under the Act- Rule 12 (2) Preparation of Project specific Terms of Reference (ToR) by SIA Unit- Rule 13 (1) a The Requiring Body will deposit the SIA fee into a dedicated bank account for the SIA- Rule 13 (1) c The Requiring Body will not be involved in any way in appointing or overseeing the team that will carry out the SIA - Rule -15 (1) The State SIA Unit will be responsible for selecting the SIA team- Rule 15 (2)