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SCRIPT FOR LAND ACQUISITION PROCESS

1st Slide- Introduction received under section 3C. Central


Government declares the acquisition by
National Highway Authority of India is
notification in the official gazette if there
one of the premiere autonomous agencies
is no objection made to the competent
of the Government of India constituted by
authority within specified period (that is 21
an Act of Parliament in 1988 under the
days), if any objection is disapproved by
administrative control of the Ministry of
the competent authority, the land is free
Road Transport and Highways which
from all encumbrances after publication of
became operational in 1995.
such notification by Central Government.
3(D) deals with micro level identification
and notification in which further
One of the crucial assets for the ownership details are mentioned.
construction of roads is Land and the
acquisition of land is one of the censorious Determination of amount payable as
parts in context of India. It is so because compensation is stated under 3(G) in
majority of the land in India is vested to which the amount is calculated based on
private owners. The process of Land “Right to Fair Compensation and
Acquisition for National Highways is Transparency in Land Acquisition,
accomplished through NH Act of 1956 Rehabilitation and Resettlement Act of
under its sections 3 small (a) followed by 3 2013 and determination of compensation is
capital (A) to 3(J). done by competent authority.

2nd to 5th slide- Process & Description of Glimpse of official gazette notification of
Land Acquisition 3 small (a), 3 capital (A) & 3(D).

3 small (a) states the notification of land in 6th side- Present practice for 3 small (a)
the Official Gazette mentioning the Notification
intention and competent authority along
As per the current practice of 3 small (a)
with identification of districts, talukas and
Notification, KML is superimposed on
affected villages.
satellite imagery for the identification of
Further, 3 capital (A) states the Power to the villages, but sometimes few villages
acquire land with brief description of the are left out in notified list hence, these
land published in two local newspapers villages need to be notified again making it
(one necessarily in vernacular language). It a hefty process.
deals with identification and notification of
7th and 8th slide- Proposed modification
the land through survey or plot number,
for 3 small (a) Notification
type of land that is government or private,
nature of land that is wet or dry and the At first, the proposed kml file collected
area. from the consultant is superimposed on the
satellite imaginary for exact positioning to
3(B) and 3(C) state the Power to enter for
identify the affected villages by taking
survey and Hearing of Objections
coordinates of physical features through
respectively.
GPS points. Further, Sajra maps of the
3(D) states the Declaration of Acquisition villages collected from the revenue officer
of the land in which the Competent are geo-referenced on GIS software (with
Authority shall submit a report to Central minimal errors) and are stitched chainage-
Government based on the objections
SCRIPT FOR LAND ACQUISITION PROCESS

wise along the alignment by taking the Widening of national highway from 45m
GPS points. to 60m has been graphical represented.
One of the critical issues for this task is
As seen, nine villages along Ludhiana-
that the center line of the alignment is not
Bhatinda section have been stitched to
always in the center of Right Of Way.
show 3 capital (A) process. 3 capital (A) is
Hence road is extended on either sides in
prepared with the help of Records of
such a way that centerline comes exactly at
Right.
the center of proposed Right of Way.
9th slide- Glimpse of Greenfield highway
15th slide- Leading practice for 3D
development.
Officials of NHAI are well aware that once
10th slide- Present practice for 3 capita;
land is notified under section 3(D), the
(A) notification.
land is vested into the Government. Hence
As per present practice of 3 capital (A) in order to have correct 3(D) notification
notification area is calculated from the three team are composed.
scanned cadastral maps manually or by
Team 1 comprises of 3 Revenue officers
using CAD software resulting in 5-6%
of NHAI/Consultants
error.
Team 2(Joint Measurement Survey team)
11th and 12th slide- Proposed
comprises of one technical man and 3
modification for 3 capital (A)
Revenue officers
Notification
Finally, Team 3 collect details of sale deed
Sajra maps are digitized true to scale on
of last three years preceding the date of 3
GIS software that will help in calculating
capital (A) notification.
area of the land parcels falling on the
alignment. Determination of Market Value -
For instance, detail of Raikot village in The market value for land is calculated on
Ludhiana-Bhatinda section have been the basis of “Right to fair compensation
shown as an example to illustrate details of and transparency in land acquisition,
acquired land parcels including tehsil rehabilitation and resettlement Act, 2013.
name, village name, land area, location as Before determination, Competent
part of 3 capital (A) . Authority publish a notice in two local
newspapers (one necessarily in vernacular
Digitization on GIS, helps in getting
language) inviting claims from all persons
detailed information about particular land
interested in the land to be acquired. In
parcel in just one click resulting in
case of Disagreement an arbitrator (to be
minimal error. GIS software user interface
appointed by Central Government)
of the process shows tehsil name, village
determine the amount of compensation.
name, land area, location as well as
Determination of compensation is done
ownership details as part of 3 D.
through market value which will be based
13th slide- Here is a Glimpse of on the date of publication of notification
Brownfield highway development. under section 3 capital (A). The amount is
computed by Competent Authority by
14th slide- widening of Highways under taking the average of the highest 50%
Brownfield by maintaining center line preceding 3 years sale deeds. Also, based
SCRIPT FOR LAND ACQUISITION PROCESS

on the factor on distance of project from The sale deeds can be seen in excel format
urban area, a multiplication factor is in which it is being further filtered to
computed ranging from 1.0 to 2.0. Value highest 50% preceding 3 years sale deeds
of Assets attached to land like trees and and is being averaged to arrive at the
plants, standing crops, immovable Assets, award amount.
etc. are also computed. Moreover, a
Issues in Land Acquisition (Greenfield)
solatium of 100% in the calculated amount
is to be given. Finally, 12% p.a. interest
rate is given on the market value from the
date of notification of 3 capital (A). Some Issues in Land Acquisition of

National Highway Authority of India is with identification of districts, talukas and


one of the premier autonomous agencies affected villages.
of the Government of India constituted by
an Act of Parliament in 1988 under the
administrative control of the Ministry of Further, 3 capital A states the Power to
Road Transport and Highways which acquire land with a brief description of the
became operational in 1995.. land published in two local newspapers
(one necessarily in vernacular language).
It deals with identification and
One of the crucial assets for the
notification of the land through a survey
construction of roads is Land and the
or plot number, type of land that is
acquisition of land is one of the
government or private, nature of the land
censorious parts in the context of India. It
that is wet or dry and the area...
is so because a majority of the land in
India is vested in private owners.

3(B) and 3(C) state the Power to enter for


survey and Hearing of Objections
respectively...
The process of Land Acquisition for
National Highways is accomplished
through NH Act of 1956, under its 3(D) states the Declaration of Acquisition
sections 3 small a followed by 3 capital A of the land in which the Competent
to 3(J)... Authority shall submit a report to Central
Government, based on the objections
received under section 3C.
Central Government declares the
Process & Description of Land acquisition by notification in the official
Acquisition... gazette if there is no objection made to the
competent authority within the specified
period (that is 21 days).
3 small a states the notification of land in
If any objection is disapproved by the
the Official Gazette mentioning the
competent authority, the land is free from
intention and competent authority along
all encumbrances after the publication of
SCRIPT FOR LAND ACQUISITION PROCESS

such notification by the Central


Government.
3(D) deals with micro-level identification
and notification in which further
ownership details are mentioned...

Determination of amount payable as


compensation is stated under 3(G) in
which the amount is calculated based on
“Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act of
2013 and determination of compensation
is done by competent authority...

A glimpse of official gazette notification


of 3 small a, 3 capital A & 3(D)...

As per the current practice of 3 small a


Notification, KML is superimposed on
satellite imagery for the identification of
the villages, but sometimes few villages
are left out in notified list hence, these
villages need to be notified again making
it a hefty process...
SCRIPT FOR LAND ACQUISITION PROCESS

And as a result, the detailed information


about any land parcel could be accessed
by just one click, leaving less scope for
errors in the notification.

Slide 10
As per present practice of 3 capital (A)
notification area is calculated from the
scanned cadastral maps manually or by
using CAD software resulting in 5-6%
error.
Slide 11
Therefore, to overcome such errors, it is
proposed to digitize the village maps true
to scale on G.I.S software which will
provide area of the land parcels falling in
the alignment automatically.
Slide 12
Furthermore, The excel including the
information like the adjacent village
numbers, nature of land, ownership etc. of
each parcel will be attached in the G.I.S
Software.
Slide 13

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