the right to fair compensation and ...awas.up.nic.in/presentation - new la policy 2013.pdfthe right...

THE RIGHT TO FAIR COMPENSATION

AND TRANSPARENCY IN LAND

ACQUISITION,REHABILITATION

AND RESETTLEMENT

ACT , 2013 24-07-2014

COMMISSIONER AND SECRETARY

BOARD OF REVENUE

UTTAR PRADESH

Process Flow

Proposal is Received

by the Appropriate

Government

Social Impact

Assessment (SIA)

Conducted by

Appropriate

Government

( Sec 4-6)

SIA report examined

by Independent

Expert Group

( Sec 7)

Legitimacy of

‘Public Purpose’ and

SIA is examined and

approved by State

Govt ( Sec 8)

1.Collector submits

report on status of

alternative sites

2.Consent of

affected sought in

projects falling

under Sec 2(b)

Pre- Notification

Publication of

Preliminary

Notification to

acquire ( Sec 11 )

Public Hearing; disposal

of Objections( Sec 15)

Finalization of R&R

Scheme ( within 6

months of PN)

( Sec 16-17)

Draft declaration & R & R

Scheme published

( Sec 19)

Award for Compensation

(Sec 23)& for R&R (Sec 31)

Notification

Process Flow…

SIA study 06 months

Appraisal by expert group 02 months

Examination by appropriate

Govt & issuance of Pre Notification

(From The date of appraisal by Expert Group)

12 months.

Pre Notification Stage-

Notification stages-

Record updation & corrections 02 months Public hearing / Preparation of

R&R schemes / declaration of R&R 10 months

Post Notification/Declaration stage-

Award of compensation 12 months

Deliverance of compensation 03 months

R&R award 06 months

NOTE-Only after that we can get Possession of land.

Infrastructural facilities under R&R- 18months

Salient Features

Restricted definition of Public Purpose

[Sec 2(1)]: When land acquired by Govt (or a PSU) for its own use, hold or control

a. For strategic purposes relating to

national security, police, safety of the

people;

b. For Infrastructure as defined by DAE

notification dated 27th March 2012 which

includes Transport, Energy, Telecom, Water

& sanitation ; Social & Commercial

Infrastructure

c. 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 or owned by the appropriate

d. Project for industrial corridors or mining

activities, national investment and

manufacturing zones as designated

in the National Manufacturing Policy;

e. Project for Government administered and government aided educational and research schemes or Institutions; f. Project for sports, health care, tourism, transportation, space programme,

g. Land for the project affected people h. Land for planned development or improvement of village or Urban sites or for residential purpose to weaker sections; i. Land for persons residing in areas affected by natural 6 calamities or displaced REQUIRED : SIA, Compensation & R&R

If land is acquired for PUBLIC PUPOSE as defined in Sec 2(1) with ultimate purpose of transfer to private companies for PPP projects or for Private Companies , then in addition to SIA, Compensation and R&R it shall be mandatory to obtain prior CONSENT of 70% & 80% of the affected families.

R&R Provisions will apply when a Private Company purchases land in excess of the limit prescribed in sec 46; also when it requests govt for partial acquisition of land.

CONSENT PROVISION Sec 2(2) & 2(3)

Social Impact Assessment made mandatory except for Irrigation Projects. To be concluded in 6 months; (Sec-4&6) Draft Notification to include: (Sec-19) – Summary of SIA – Particulars of Administrator for R&R

who prepares R&R scheme Draft Declaration to include: (Sec-19) – Summary of R&R package

Safeguards against indiscriminate

acquisition

No Change of Purpose: No change from the purposes specified in the Land Use Plan submitted at the time of land acquisition will be allowed. (Sec-99)

Land not Used: Land that is not used within 5 years in accordance with the purposes for which it was acquired at the time of acquisition, shall be transferred to the State Government’s Land Bank OR to the original land owner.

(Sec-101)

No Change of Ownership: No change of

ownership without specific permission of Appropriate Government is allowed;

(Sec-100) Sharing appreciated value: Upon every

transfer of land without development, 40% of the appreciated land value shall be mandatorily shared with the original owner whose land has been acquired. (Sec-46(6))

Land Owners: (Sec-3r)

Family or company whose land/other immovable properties have been acquired;

Those who are assigned land by the Governments under various schemes;

Right holders under the Forest Rights Act, 2006

Definition of ‘Affected Families’

Livelihood Losers:

Families whose livelihood is primarily dependent on the land being acquired, including agriculture labourers, tenants or sharecroppers (sec-3c(ii)

Families which are dependent on forests or water bodies for their livelihoods (sec-3c(iv))

Family whose livelihood is dependent primarily on the land being acquired in the urban areas or any family who is residing on the land being acquired in the urban areas (sec-3c(vi))

Multi-crop irrigated land will not be acquired except as a demonstrably last resort measure, which in no case should lead to acquisition of more than such limits as prescribed by the State Government under this law. [ exception : Linear Projects such as Roads, Rail etc.] (Sec-10(1))

Wherever multi-crop irrigated land is acquired an equivalent area of culturable wasteland shall be developed

Safeguarding Food Security

The Urgency Clause can only be invoked in the following cases:

1. National defence and security purposes

2. Resettlement & Rehabilitation needs in the event of natural calamities such as floods or earthquakes or any other emergency with the approval of the Parliament.

Urgency Clause (SEC-40)

After SIA study preliminary notification shall be published. (Sec-11)

Preliminary notification enable the Collector to enter upon the land to be acquired and make necessary arrangements for preliminary survey. (Sec-12)

Any damage causes during survey refer to the decision of collector. (Sec-13)

Preliminary Notification & Declaration procedure

Objections against land in preliminary notification shall be made to Collector who will send his recommendations to the Appropriate government for decision. (Sec-15)

Preparation for R&R scheme by the Administrator. (Sec-16)

Review of the R&R scheme by collector. (Sec-17)

Every notification & Declaration shall be mandatorily published in –

1. The Official Gazette

2. Two widely cirulated daily news papers

( one in local language)

1. Office of Panchayat, local bodies, collector, Sub divisional Officer & tahsil

2. Uploaded on the website of the Appropriate government

3. In the affected areas.

Market Value of Land [ MV] as determined under Sec 26-28

Value of Assets [VA] attached to the property being acquired such as trees, plants, wells and the like (Sec 29)

Final Award= MV * Factor + VA + Solatium

where, Solatium = MV* Factor + VA [ Sec 30]

& Factor could range from 1 for Urban areas upto a max of 2 for Rural areas {see Schedule I}

Compensation for Land

Sec 31, 32, 41, 42 & Schedule-II Subsistence allowance for 12 months @ Rs. 3000

per month per family (a) job to one member, or (b) one time payment of Rupees 5 lakhs, or (c) Annuity of > Rs 2000 per month for 20 years

with appropriate CPI indexation [ choice of the family]

Provision for a dwelling unit in case of displacement Transportation + Resettlement Allowance Rs 1 lac

R&R Entitlements

Where land is acquired for urbanisation, 20% of the developed land will be reserved and offered to land owning project affected families, in proportion to their land acquired and at a price equal to cost of acquisition and the cost of development.

One acre of land to each family in the command area, if land is acquired for an irrigation project if possible BUT the same shall be in lieu of Compensation

SR.NO DISCRIPTION MONETARY VALUE

(MINIMUM IN RS.)

CATEGORY EXPLANATION

General SC/ST AFFECTED DISPLACED

1- HOUSE 1,50,000-00 √ √ In case of IAY in rural areas,a house of 21 sqmtr

(226 sqft) will be provided. considering the lowest

specification, the construction cost will be minimum

Rs.600 per sqft, which gives monetary value of

Rs.1,35,600-00(excluding the cost of developed land).

While in urban areas ,a house of 50 sqmtr

(538sqft),the construction cost would be Rs.5,38,800-

00,at the normal const .cost of Rs.1000 per sqft.

2- LAND FOR LAND As per actual cost of land √ √ Only in the case of irrigation project.

3- DEVELOPED LAND As per actual cost of land √ √ Only in the case of Urbanization purposes.

4- ANNUITY/

EMPLOYMENT

5,00,000-00 √ √ One time payment to each affected family (including

those who have eligible for employment)

5- SUBSISTANCE GRANT 36000-00 50000-00 √ Rs. 3000/- till one year from the date of displacement.

For SC/ST Rs. 50000.00 in addition of above amount, in

scheduled areas only

6- TRANSPORTATION 50000-00 √ Per displaced family/one time.

7- CATTLE SHEDS/

PETTY SHOPS

25000-00 √ √ Per Affected family/one time financial assistance.

8- ARTISAN/SMALL

TRADERS

50000-00 √ √ Per Affected family/one time financial assistance.

9- RESETTLEMENT

ALLOWANCE

50000-00 √ √ Per Affected family/one time.

Award for Land Acquisition

– Award made in respect of every affected family whose land is being acquired (this will include landless tenants as well) and containing details of LA compensation as listed in the First Schedule;

( Sec-30(2) )

Award for R&R

– Award made in respect of every affected family, regardless of whether they may be losing land or not, containing details of R&R entitlements as listed in the Second Schedule. ( Sec-31 )

Awards

In addition to the R&R package, SC/ST families will be entitled to the following benefits:

1. Land to be given to each family in case of

irrigation projects;

2. One time financial assistance of Rs. 50,000 per family; (Schedule-II para-5)

3. Families settled outside the district shall be entitled to an additional 25% R&R benefits;

Special Provisions for SCs/STs

4. Payment of one third of the compensation amount at very outset;

[ sec 41(6)] 5. In case of displacement, a Development

Plan is to be prepared. [ sec 41(5)] 6. Continuation of reservation and other

Schedule V and Schedule VI area benefits from displaced area to resettlement area. [Sec-42(1)]

Any person other than specified person is purchasing land throuh private negotiation has to file an application before the Collector ,notifying him of intent to purchase, purpose and particulars of land;

“Specified persons” includes any person other than-

-Appropriate Government;

-Government company;

-Association of persons or trust or registered society.

R&R Applicability in certain persons other than specified persons- (sec 46)

Any purchase of land by a person other than specified person without complying with the provision of R&R Scheme shall be void ab initio. Collecter shall pass individual award covering R&R provision based upon the R&R scheme approved by Commissioner. Appropriate Government may notify area for such limits on sale and purchase. Any land purchased through negotiations on or after 5th sept 2011 and acquired within three years from the date of commencement of this Act,then,40% compensation shall be shared with original land owners.

25 infrastructural amenities to be provided in the Resettlement area, including:

Schools and playgrounds; Health Centres; Roads and electric connections; Assured sources of safe drinking water for each family as per Govt.

norms; Panchayat Ghars as appropriate; Anganwadi’s providing child and mother supplemental nutritional

services as per Govt norms; Places of worship and burial and/or cremation ground depending

on the caste-communities at the site and their practices; Village level Post Offices, as appropriate, with facilities for opening

saving accounts; Fair price shops and seed-cum-fertilizer storage facilities if needed

Infrastructural Amenities under R&R

(3rd Schedule)

(Sec-24)

Clarification issued in respect of retrospective operation of the Act as prescribed u/s 24 of the New LA Act 2013- Where the notification of Sec-4 [under the Old LA Act 1894] has been issued prior to 31.12.2013 and award (u/s 11 of the said Act) has not been made, the procedure will continue as per the old Act subject to the condition that the new act will apply for determination of compensation

Retrospective Effect Clause

Where notification u/s 4 of the Old LA Act has not been published by the said date, all the earlier proceedings will lapse and the acquisition can proceed under the provisions of the New Act 2013. Where an award has been made before 1.1.2009, but the possession of land has not been taken OR compensation has not been paid, the acquisition proceedings would be deemed to have lapsed.

Any person intrested who has not accepted the award may,by written application to the Collector requires that the matter be reffered to the Appropriate Authority.

The “Appropriate Authority ”means the Land Acquisition and Resettlement Authority established under section 51 of the Act.

Reference provisions

(sec- 64,65,72, 73 & 76)-

Reference shall be made within a period of thirty days of receipt of application. In making the reference, Collector’s statement shall be forward in writing. Collector may be directed to pay interest on excess compensation or re-determination of amount of compensation by the Authority. Disputes as the apportionment of the compensation may be referred by the Collector to the Authority.

Social Impact Assessment – Gram Sabha to be consulted (Sec-4) – Summary of SIA notified along with Draft Notification (Sec-6) – SIA document made available for public scrutiny R&R Scheme (Sec-16) – Summary notified along with Draft declaration – Made available for public scrutiny Individual Awards declaration (Sec-30(2)) Public Disclosure – All documents mandatorily to be made available in the public domain and on the website

Transparency Provisions

National Monitoring

Committee

Oversight at

Central Level for

all projects

State LA & RR

Authority

Committee constituted

by Appropriate

Government

State Commissioner,

RR

Centre

State

Dispute Resolution for

State Projects

Whether projects

are for public purpose?

Overall Admin for LA &

RR In State

Institutional Structure…

District Collector

Administrator, RR

RR Committee

Project Level-

Overall

coordination

and

implementation

Admin Project-level

RR

Oversight

(Elected

Reps, civil

society,

Line agencies

Institutional Structure…

ACTION POINTS with respect to

the New LA Act.2013

Draft Rules have been prepared. Under Inter-ministerial consultation.

Salient features of Proposed rules- Process and Modalities for constitution of

the State SIA unit/ SIA agency at the district/ project level specified.

Provision for empanelment of outsourced agencies to conduct SIA

Appointment of Multi-Disciplinary Expert Group.

Procedure laid down for obtaining consent for PPP/ Pvt. Projects.

Procedure laid down for issuing of the statutory notifications in the acquisition process.

Procedure laid down for preparation, publication & Procedure of R&R schemes.

Prescription of all forms, draft notifications required under the act.

Appointment of the authorities / committees specified under the Act :- Commissioner R&R -Divisional

Commissioners. Administrator R&R- SDM’s/ SDO’s State Monitoring Committee for R&R –

Under the Chairmanship of Chief Secretary, Principal Secretaries of other deptt. will be the members.

R&R Authority –Under the Chairmanship of District Judge.

• Empowers all the District Collectors as appropriate government for an area not exceeding 100 acres.

• Empowers ADM(LA)/ SLAO/ DLAO to exercise the powers of Collectors

• District level R&R committee – headed by DM.

The sliding scale/Multiplier factor on the basis of which compensation is to be calculated

The Maharashtra Govt. has notifies that the Market value as calculated by the collector shall be multiplied by

the factor 1 ( one).

The Karnataka Govt. has proposed the multiplier factor to be assigned as-

MF = 1 for Urban areas, MF = 1.5 for project areas outside the limits of Urban areas extending upto 05 kms, MF = 2 for project areas in all other areas.

The Orissa Govt. has notify that the multiplier factor will gradually rise from unban locations to rural areas as under-

Radial distance from urban areas MF 00 -10 1.0 11-20 1.2 21-30 1.4 31-40 1.8 Above 40 2.0

In Uttar Pradesh the suggestion has

been made that the MF would be decided as under- Urban areas - MV as calculated by the

collector x 1 Semi urban areas - MV as calculated by the collector x 1.5 Rural areas - MV as calculated by the

collector x 2