Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
1. New Land Acquisition Act Process Flow
1. The Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation & Resettlement Act 2013
Pralhad Kachare
Dy. Commissioner (Ent. Duty) , Pune
1pkachare@gmail.com
3. Chapter Scheme of New Act
Chapter
No.
Contents of Chapter Sections/ Provisions
I Preliminary 1 to 3
II Determination of Social Impact and Public Purpose 4 to 9
III Special Provision to Safeguard Food Security 10
IV Notification and Acquisition 11 to 30
V Rehabilitation and Settlement Award 31 to 42
VI Procedure & Manner of Rehabilitation and
Resettlement
43 to 47
VII National Monitoring Committee for Rehabilitation and
Resettlement
48 to 50
VIII Establishment of Land Acquisition, Rehabilitation and
Resettlement
51 to 74
IX Apportionment of Compensation 75 to 76
X Payment 77 to 80
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4. Chapter Scheme of New Act
Chapter
No.
Contents of Chapter Sections/ Provisions
XI Preliminary 81 to 83
XII Offences and Penalties 84 to 90
XIII Miscellaneous 91 to 114
Schedules
First Compensation for Land Owners As per Sec-30(2)
Second Element of Rehabilitation and Resettlement
Entitlements for all the affected families (Both land
owners and the family whose livelihood is primarily
dependent on land acquired) in addition to those
provided in the First Schedule
As per Section 31(1),
38(1) & 105(3)
Third Provision for infrastructure amenities 32, 38(1) & 105(3)
Fourth List of enactments regulating land acquisition and
rehabilitation amd resettlement.
105
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5. Eco System of RTI in Maharashtra
pkachare@gmail.com
Appropriate Government
Commissioner for
Rehabilitation &
Resettlement
Land Acquisition & Rehabilitation &
Resettlement Authority
Eco System of Land Acquisition
G
R
A
M
S
A
B
H
A
E
X
P
E
R
T
G
R
O
U
P
Collector
Officer Designated by
Collector Administrator
Requiring Authority R & R Committee
6. Institutional Structure
pkachare@gmail.com
6
National Monitoring
Committee
Oversight at Central
Level for all projects
State LA & RR Authority
Dispute Resolution for
State Projects
Committee constituted by
Appropriate Government
Whether projects are
for public purpose?
Commissioner, RR
Overall Admin for LA
& RR In State
State Govt. Level
Central Govt. Level
10. Comparative Provisions of old Act and new Act.
Sr.
No.
Process Old Act
Section
New Act
Section
1 Preliminary notification 4 11
2 5 A Hearing 5A 15
3 Declaration of Resettlement Area &
Public Purpose ( by Secretary or Officer
Authorized)
6 19
4 Award 11 23/30/31
5 Correction of clerical errors. etc. 13A 33
6 Possession 16 38
7 Urgency Clause 17 40
8 Ref. to Court /Authority 18 64
9 Matters to be considered 23 27
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11. Comparative Provisions of old Act and new Act.
Sr.
No.
Process Old Act
Section
New Act
Section
10 Matters to be ignored 24 28
11 Interest on excess compensation 28 72
12 Re-determination of compensation 28A 73
13 Apportionment of compensation 29 75
14 Payment of deposit in court/Authority 31 77
15 Interest 34 80
16 Temporary Occupation 35 81
17 Enforcing possession when opposed 47 91
18 Withdrawal from acquisition 48 93
19 Exemption from stamp-duty and fees 51 96
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12. Paradigm shifts from the Land Acquisition Act, 1894 to the
LARR Act, 2013
Shift 1894 Act 2013 LARR Act
Public
Purpose
Includes several uses
such as infrastructure,
development and
housing projects. Also
includes use by
companies under
certain conditions.
No significant change
except private
companies for PPP.
Social
Impact
Assessment
(SIA)
No provision
SIA has to be
undertaken in case of
every acquisition
(Subject to pending
Amendment Bill 2015)
pkachare@gmail.com
13. Paradigm shifts from the Land Acquisition Act, 1894 to the
LARR Act, 2013
Shift 1894 Act 2013 LARR Act
Consent
from
affected
people
No generic
mandatory
provision.
Consented
Awards provided
• Consent of 80 per cent of land
owners is obtained when
land is acquired for private
projects
• Consent of 70 per cent of
land owners is obtained
when land is
acquired for public-private
partnership projects.
• No consent required for
infrastructure work of Govt .
• Consent from affected
persons in addition to land
owners.pkachare@gmail.com
14. Paradigm shifts from the Land Acquisition Act, 1894 to the
LARR Act, 2013
Shift 1894 Act 2013 LARR Act
Compensation Based on the market
value.
Market value doubled in
rural areas and not in
urban area
Market Value Based on the current use
of land. Explicitly
prohibits using the
intended use of land while
computing market value
Whichever is higher of:
(a) value specified for stamp duty,
and - Ready Reckoner
(b) average of the top 50% by
recorded price of sale of land
in the vicinity
(c) Consented amount u/s 2(2)
Solatium 30 % 100 %
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15. Paradigm shifts from the Land Acquisition Act, 1894 to the
LARR Act, 2013
Shift 1894 Act 2013 LARR Act
Return of
land to land
owner
No provision Acquired land if not used
within 5 years, it will be
returned to Land Bank
or land owners.
Sharing of
profit
/appreciation
No provision. If the acquired land is unused
and is transferred, 20% of the
profits shall be shared with the
original land owners.
R&R No provision for
R&R.
R&R necessary for all affected
families. Minimum R&R
entitlements to be provided to
each affected family specified.
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16. Maharashtra Policy on Land Acquisition Act, 1894 to the
LARR Act, 2013
Sr.
No
Prticulars 2013 LARR Act
1 Market Value of Land To be determined by ready reckoner value fixed
under the Maharashtra Stamp Act (59 of 1958)
and the Maharashtra Stamp (Determination of
True Market Value of Property) Rules, 199
2 Multiplication Factor Land Compensation
1. Metropolitan Areas, A, B,
C, Class Municipal Areas,
Special Planning Authorities,
Area Dev. Authorities, & New
Townships
(market value x 1 ) plus value of assets
attached to land or building)plus( 100%
solatium)
2. Areas covered by Regional
Plans & Development Plans
(excluding above areas)
(market value x 1.5 ) plus value of assets
attached to land or building)plus( 100%
solatium)
3. Urban Areas (market value x 2) plus value of assets
attached to land or building) plus( 100%
solatium)
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17. Rehabilitation and Resettlement Components
Sr.
No
Prticulars 2013 LARR Act
1 House is lost in
rural area
A constructed house shall be provided as per
the specifications of Indira Aawas Yojana
(a house of 25 sq.mtrs.) or Rs. 1.65 lacs in lieu of
house. The construction cost will be minimum Rs.
600 per sq.ft.which gives Rs. 1,61,400 excluding the
cost of the developed land.
2 House is lost in
rural area
A constructed house shall be provided of 50
sq. mtrs. plinth area as per Public Works
Department norms or Rs. 5.5 lacs in lieu of
house.
Explanation.—Considering the construction cost of
Rs. 1000 per sq.ft., the cost of house will be Rs.
5,38,000 excluding the cost of the developed land.
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18. Rehabilitation and Resettlement Components
Sr.
No
Prticulars 2013 LARR Act
3 One time
payment
One time payment of Rs. 5 lacs
to each affected family to those
who have eligible candidate for
employment.
4 Subsistence
allowance to the
affected
displaced
families
Rs. 3000 per month for a year
after displacement date. For the
families belonging to Scheduled
Castes or Scheduled Tribes such
families will get additional Rs.
50,000..
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19. Rehabilitation and Resettlement Components
Sr.
No
Prticulars 2013 LARR Act
5 Transportation cost Rs. 50,000 per affected displaced
families..
6 One time financial
assistance.
Those families having cattle shed or
petty shops will get Rs. 25,000 one
time financial assistance.
7 One time grant One time grant for artisans, small
traders of Rs. 50,000.
8 One time
resettlement
allowance
One time resettlement allowance of
Rs. 50,000 after shifting of house.
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20. Rehabilitation and Resettlement Components
Sr.
No
Prticulars 2013 LARR Act
9 Stamp duty and
registration charges
Stamp duty and registration
charges will be borne by Requiring
Body for the first transaction of the
rehabilitated person only.
10 Requiring Body to
provide infrastructure
in Rehabilitation and
Resettlement area.
which includes the roads, drainage,
Panchayatghar, post office,
Samaj Mandir and other facilities as
mentioned in the THIRD SCHEDULE
11 Provision of
monetization ( on
written consent)
10% plus the total per family cost of all the
amenities to be provided under the THIRD
SCHEDULE of the said Act—5% increase
in inflation index increases on 1st Jan
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21. Rehabilitation and Resettlement Components
Sr.
No
Prticulars 2013 LARR Act
5 Transportation cost Rs. 50,000 per affected displaced
families..
6 One time financial
assistance.
Those families having cattle shed or
petty shops will get Rs. 25,000 one
time financial assistance.
7 One time grant One time grant for artisans, small
traders of Rs. 50,000.
8 One time
resettlement
allowance
One time resettlement allowance of
Rs. 50,000 after shifting of house.
pkachare@gmail.com
22. Rehabilitation and Resettlement Components
Sr.
No
Prticulars 2013 LARR Act
9 Stamp duty and
registration charges
Stamp duty and registration
charges will be borne by Requiring
Body for the first transaction of the
rehabilitated person only.
10 Requiring Body to
provide infrastructure
in Rehabilitation and
Resettlement area.
which includes the roads, drainage,
Panchayatghar, post office,
Samaj Mandir and other facilities as
mentioned in the THIRD SCHEDULE
11 Provision of
monetization ( on
written consent)
10% plus the total per family cost of all the
amenities to be provided under the THIRD
SCHEDULE of the said Act—5% increase
in inflation index increases on 1st Jan
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23. The Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation & Resettlement Act 2013
Process Flow
23pkachare@gmail.com
24. 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 to be
examined and approved by
Appropirate Govt ( Sec 8)
1. Collector submits report on
status of alternative sites
2. Consent of affected sought
in projects falling under Sec
2(b)
1. Pre Notification
24
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25. Origin and emergence of SIA
• SIA concept can be traced to the 17th century in
western societies…….
• United States National Environmental Policy Act
(NEPA) in 1969 considered landmark legislation.
• Developed countries have integrated SIA in their
planning process----making planning a
participatory process…..
• International learning is ……..
• Failure to integrate SIA into the planning
process diminishes the significance of rational
planning and weakens the quality of its ultimate
decisions.
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26. Objectives
of SIA
Cost benefit
Analysis &
verifying no
alternate location
feasible.
Whether
acquisition
serves public
Purpose… Ensuring
social equity by
identifying
potential
affected &
displaced families
Mitigating
negative social
effect..whether
land requirement
absolutely
bare minimum
Enhancing
Social inclusion in
deciding
actual extent of
impact/effect.
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SIA Plan
after public
hearings
27. Social Impact Assessment Cycle
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Social Impact
Assessment
1
2
3
4
5
6
6
Analyze Project
Context
Identify & analyze
Stakeholder
Identify social
factors/
variables
Analyze data and
assess priorities
Consult stakeholders &
develop mitigative plans
Implement
mitigation
plan & public
participation
Ensure monitoring
with active
stakeholder
involvement &
modify it.
28. 28
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Notification
Publication of
Preliminary
Notification to
acquire ( Sec 11 )
Public Hearing; disposal of
Objections( Sec 15) by
Collector & report to
Appropriate Govt.
Finalization of R&R Scheme,
Prepare & Review ( within
6 months of PN)
( Sec 16-17) Draft declaration & R & R Scheme
published ( Sec 19)
Award for
Compensation Sec-23
Solatiutm Sec- 30
& for R&R (Sec 31)
Right to enter lands, carry
our survey & markings S-12
Any damage caused during survey
to be paid for S.13
29. Every notification & Declaration
shall be mandatorily published in
• The Official Gazette
• Two widely cirulated daily news papers ( one
in local language)
• Office of Panchayat, local bodies, collector, Sub
divisional Officer & tahsil
• Uploaded on the website of the Appropriate
government
• In the affected areas.
pkachare@gmail.com 29
30. continued
• Publication of Preliminary notification. Sec.11
• Preliminary survey of land .
• Draft RR scheme to be prepared by
Administrator.(DRO ,SLAO)
• Publish draft scheme as per sec 16.
• Public Hearing by Administrator in Gram P.
• Commissioner –Approve the draft scheme.
• Declaration of final RR scheme by the
Commissioner.------sec.19 = sec 6.
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31. Pre Notification Stage
Sr.
No.
Process Time Frame
1 SIA Study (Sec-4(2) 2nd proviso) 6 Months
2 Appraisal by expert group –for
reasoned recommendation
(Sec-7(4) (b) )
2 Months
3
Examination by appropriate
Govt & issuance of Pre
Notification (Sec-14)
(From The date of appraisal by
Expert Group)
12 months from
SAI Report
pkachare@gmail.com 31
32. Sr.
No.
Process Time Frame
1 Record updation &
corrections (Section 11(5)) 2 Months
2 Public hearing / Preparation
of R&R schemes /
declaration of R&R
2 Months
pkachare@gmail.com 32
Notification Stage
33. Sr.No. Process Time Frame
1 Declaration of “Resettlement Area”
(Sec 19(2) -3rd proviso & 19(7)) by
Secretary or officer authorized.
12 Months from
Sec-11 notification
2 Land Acquisition Award u/s 23,
25 & 30
12 Months from
Sec-19 declaration
2 Payment of compensation 3 Months
3 R & R award u/s 31 6 Months
Note: 1. Only after that we can get Possession
of land.
2. Infrastructural facilities under R&R-
18months pkachare@gmail.com 33
Post Notification Stage
34. Sr.
No.
Process Time Frame
1 Reference to be made by aggrieved
being a person who represented
before Collector.
Within 6 weeks of
Award
2 In other cases Reference to be made
by aggrieved being a person.
Within 6 weeks of receipt
of notice u/s 21 or within
6 months of Award
3 Sending Reference to Authority 30 days of receipt
4 If not sent….Applicant to
approach Authority
Within 30 days
pkachare@gmail.com 34
Post Award Stage
35. Compensation for Land
• 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
up to a max of 2 for Rural areas {see Schedule
I} (To be decided by Appropriate Government)
pkachare@gmail.com 35
36. Awards
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-23 r/w 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 )
pkachare@gmail.com 36
37. Urgency Clause (SEC-40)
• The Urgency Clause can only be invoked in
the following cases:
• National defence and security purposes
• Resettlement & Rehabilitation needs in the
event of natural calamities such as floods or
earthquakes or any other emergency with the
approval of the Parliament.
pkachare@gmail.com 37
38. R&R Applicability in certain persons
other than specified persons- (sec 46)
• Any person other than specified person is
purchasing land through private negotiation
has to file an application before the Collector,
notifying him of intent to purchase, purpose
and particulars of land; (limit notified by AG)
• “Specified persons” includes any person other
than- -
– Appropriate Government; -
– Government company;
– -Association of persons or trust or registered
society.
pkachare@gmail.com 38
40. S.I.A.(mandatory in all cases except acq. by
urgency clause.) (u/sec.4)
• AGENCY----- State SIA unit.
• SIA Notification within 30 days after depositing processing
fee.
• SIA shall be conducted in consultation with Panchayat,
M.C. ,or Mun. Corp. followed by Public Hearing.
• SIA Report in Form 1 to state Govt. in 6 months
• SIA REPORT---Project Feasibility Report.
• Project Impact Report.
• Social Impact Management Plan.(Form 2)
• Publication of SIA study Report.
• Public hearing by appropriate govt.
• Expert group for evaluation of SIA report.
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41. 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.
• Collector 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.
pkachare@gmail.com 41
42. Infrastructural Amenities under R&R
(3 rd Schedule)
• 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
pkachare@gmail.com 42
43. Sec-24 -Retrospective Effect Clause
• Clarification issued in respect of
retrospective operation of the Act as
prescribed u/s 24 of the New LAAct 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
pkachare@gmail.com 43
44. Sec-24 -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.
pkachare@gmail.com 44
45. Reference provisions
(sec- 64,65,72, 73 & 76)
• Any person interested who has not accepted
the award may, by written application to the
Collector requires that the matter be
referred to the Appropriate Authority.
• The “Appropriate Authority ”means the
Land Acquisition and Resettlement
Authority established under section 51 of
the Act.
pkachare@gmail.com 45
46. 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.
pkachare@gmail.com 46
47. Transparency Provisions
• 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
pkachare@gmail.com 47
48. Important Changes
pkachare@gmail.com 48
Section-99
No Change of
Purpose
Section-101
Land not Used within
5 years to be returned
to Land Bank/ Land
Owner
Section 100
No Change of
Ownership
Section 46(6)
Sharing
appreciated value
49. Important Features
1 Safeguardi
ng Food
Security
• Multi crop area to be avoided
• As last demonstrable resort, if needed
as per limit fixed for all projects in a
district by AG except Road, Railway etc.
• equivalent area of cultural
wasteland shall be developed
• or an amount equivalent to value of
land acquired to be deposited with
AG for food security
2 Special
Provisions
for SC/ST
SC/ST PAP in addition to R&R package
• Land to each family in irrigation project
• One time financial assistance of
Rs.50,000
• Families settled out of district to get
25% of RR package extra
• 1/3 rd comp advance, DP to be prepared
• Reservation to be continued….
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50. Important Features
3 Special
provision
for
Farmers
• Acquisition only if necessary.
• Enhanced compensation (as per schedule 1)
• Strict restrictions on multi crop acquisition.
Consent …
a) 70 % consent for acquisition of public private
partnership projects .
b) 80 % consent for acquisition of private
companies.
c) Return of unutilized land (Sec. 101)
d) Share in sale of acquired land increased value
if sold to another without development. (Sec-
102)
e) Income Tax Exemption / Stamp Duty
Exemption (Sec-96)
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51. Benefits for agricultural laborers,
Tenants & Share-croppers
&
Share-croppers
4 • Tenants who may not own any land but are
engaged in any form of tenancy or holding a
usufruct right are covered under this Act.
• Share-croppers, Artisans who have been working in
the affected area for 3 years prior to the
acquisition and whose primary source of livelihood
stands affected by the acquisition of land.
• They will receive not just the R & R benefits but
also a share in the compensation to be provided.
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52. Definition of “Affected families”
Land Owners
1. Family or Company whose land /other
immovable properties has been acquired.
2. Those who are assigned land by the Govt.
under various schemes
3. Right holders under the Forest Rights Act.2006
Livelihood Losers
1. Over the last three years , a family whose
livelihood is primarily dependent on the land
being acquired, including agriculture laborers,
tenants or sharecroppers.
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53. Retrospective operation: (section 24)
• Where no award under section 11 of the 1894 Act has been
made, the new law will apply with regard to
compensation.(sec.24/a )
• Where award has been made then proceedings shall
continue under L A Act as if Act not been repealed.
(sec.24/b)
• When an award has been made but the affected individuals
have not accepted compensation or have not yet given up
possession, and the proceedings have been pending for 5
years or more, provisions of the new law will apply. (sec 24/2
Provided when a majority of individuals in an affected area
have not received compensation then the new law will
apply.
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54. Transparency Provisions
• S.I.A.
- Gram Sabah to be consulted.
- Summary of SIA notified along with draft notification.
- SIA document made available for public scrutiny.
• R & R Scheme
- Summary notified along with draft declaration made
available for public scrutiny.
• Individual Awards passed
• Public Disclosure
- All documents mandatorily to be made available in
the public domain and on the website.
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55. Timelines
1. Compensation will be given within a period of 3
months from the date of the award.
2. Monitory R & R entitlements will be provided within
a period of 6 months from the date of the award.
3. Infrastructure R & R entitlements will be provide
within a period of 18 months from the date of the
award.
4. No involuntary displacement will take place without
completion of R & R
5. In irrigation or hydel projects, R & R shall be
completed 6 months prior to submergence.
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56. Safeguards against indiscriminate acquisition
• SIA made mandatory except for irrigation projects, where
EIA has obtained. (section 6/2 )To be concluded in 6
months
• Draft notification to include :
- Summary of SIA
- Particulars of Administrator for R & R who prepares R &
R Scheme.
• Draft Declaration to include :
- Summary of R & R package
• 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 .
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57. Safeguards against indiscriminate acquisition
• Change of ownership :
- No change of ownership without specific permission of
Appropriate Govt. is allowed.
• 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 Governments
Land Bank or to the original land owner.
• 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 .
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58. Important Provisions
• For urgency clause – Gove . sanction is
necessary
• Powers of Declaration / Previous approval of
Award
Compensation amount
Up to 4 cr. -- S.L.A.O/ S.D.O
4 cr. to 10 cr. -- Collector
Above 10 cr. -- Divisional Commissioner
• If Land is to be acquired for urbanization
20 % of develop land to be kept reserve and
allot to affected persons with the cost of land
+ development pkachare@gmail.com
59. Important Provisions
• If land is acquired /purchase by private
company from private land owner
admeasuring more than 1000 ha then
provisions of R &R will be applicable.
(section 46 )
• R& R authority shall dispose of
reference u/s 64 within 6 months
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60. If land is acquired /purchase by private company from
private land owner admeasuring more than 1000 ha then
provisions of R &R will be applicable. (section 46 )
R& R authority shall dispose of reference u/s 64 within 6
months.
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61. Amendment Bill 2015
LA
provisions
to 13 Acts
Land
Return
provision
relaxed
Retrospective
application of
new LAAct
..calculation of
period
Not Private Companies but
‘Private Entities ’
AG may specify limit for
acquiring Multicrop irrigated
lands
pkachare@gmail.com
Prior
sanction
for
prosecution
• R&R: This is the very first law that links land acquisition and the accompanying obligations for resettlement and rehabilitation. Over five chapters and two entire Schedules have been dedicated to outlining elaborate processes (and entitlements) for resettlement and rehabilitation. The Second Schedule in particular outlines the benefits (such as land for land, housing, employment and annuities) that shall accrue in addition to the one-time cash payments
• Retrospective(directed to the past) operation: To address historical injustice the Bill applies retrospectively to cases where no land acquisition award has been made. Also in cases where the land was acquired five years ago but no compensation has been paid or no possession has taken place then the land acquisition process will be started afresh in accordance with the provisions of this act