LAND LAWS

Land Laws Assignment on

[Critical analysis of Land Acquisition of Jayakwadi Project]

Prepared by :- Sunny R. Karamchandani

Class :- SY LLB Roll no. 24
 INDEX
Sr No. Particulars Page No.

1 About Jayakwadi Project 2

2 What is land acquisition? 3

3 Displacement of Project Affected Persons - PAP), 4-6

Rehabilitation and Resettlement (R & R)

4 Case Study- synopsis & judgement & Conclusion 7-9

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ABOUT JAYAKWADI DAM PROJECT:-

Jayakwadi Dam, one of the largest earthen dams in Asia, is located around 52 km
away from Aurangabad in Maharashtra. It is approximately 9,998 m long and 41.30
m high, forming a reservoir named Nath Sagar Jalashay that has a total storage
capacity of 2909 MCM (million cubic metres). The dam with 27 water gates was built
across the Godavari River to cater to the irrigation needs of the drought-prone region
of Marathwada. This multipurpose irrigation project provides water to industrial
units as well as to residents in Aurangabad and nearby areas. Residents and tourists
often visit this dam near the town of Paithan to escape from their boring life and to
soak in the natural environs. The place is especially popular with nature buffs and
bird lovers because of Nath Sagar Jalashay and the nearby Jayakwadi Bird Sanctuary
and Dnyaneshwar Udyan.

The idea to build a dam across the Godavari River near the village of Jayakwadi in
Beed district was first conceived during the reign of the state of Hyderabad.
However, post the division of the state, the plan was revised and the site of the
earthen dam was moved 100 km upstream at Paithan, which resulted in longer
canals that irrigated more regions of the drought-prone Marathwada. After the
completion of the proposal in 1964, the foundation stone was laid on 18 October
1965 by the then Prime Minister Lal Bahadur Shastri. It took more than a decade for
the completion of this project, which was executed under the expertise of Chief
Engineer A.A.A. Siddiqui. Finally, Jayakwadi Dam was inaugurated by the then Prime
Minister Indira Gandhi on 24 February 1976.

Jayakwadi Dam was built to cater to multiple needs of the Marathwada region of the
state of Maharashtra and till today, it is serving its various purposes. This

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multipurpose project not only provides water for irrigation in the drought-prone
areas of the region like Aurangabad, Ahmednagar, Beed, Jalna, and Parbhani, but
also for drinking, industrial usage, and electricity generation. With its extensive canal
system, the dam provides irrigation to approximately 237,452 hectares of cultivable
land.

What is Land Acquisition?

The government takes the private land required for public purposes like road
construction, Irrigation Projects.

Proposals for private land acquisition are sent to Spl. Land Acquisition officer. The
proposals are scrutinized and Budget Provision Certificate, Administrative Approval
Certificate, Technical Sanction Orders are also scrutinized. The proposal includes
certificates for “Small Land Holders”, issued by Talathi as well as related information
submitted by the concerned agencies.

After this the proposal is opted for joint measurement. Commissioner’s permission is
taken for land acquisition if the land owner does not agree for it. The objections of
land owners are invited, and resolved. Under section 9 (1), if any objections are
received during the enquiry, they are resolved by the divisional office of the agency.

Town Planning and Valuation Department evaluates the compensation for the land
to be acquired. The department gives compensation after declaration of the award.

In case of disputes after the payment of compensation between cultivators and title
is not correct then such type compensation is deposited under section 30 of the Land
Acquisition Act 1894 in the name of the District Civil Judge and matter is disposed by
the District Judge.

There are Five posts of Special Land Acquisition Officers at Collector Office,
Aurangabad.

1. Special Land Acquisition Officer, ( Jayakwadi Project )

2. Special Land Acquisition Officer, ( Jayakwadi Project-I )
3. Special Land Acquisition Officer, ( Jayakwadi Project-II )
4. Special Land Acquisition Officer, ( Krishna Khore Project )
5. Special Land Acquisition Officer

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Land Acquisition for Irrigation Infrastructure Dams
(Displacement of Project Affected Persons - PAP),
Rehabilitation and Resettlement (R & R)

Introduction and Background

Land is an essential resource, without which practically no water infrastructure

project or service can come into existence. Even when government land is used it
carries an opportunity cost. Characteristically land is finite, and due to the
continuously growing demand for it, its price is proportionately rising, thereby
increasing its absolute scarcity. In most states including Maharashtra almost 80% of
all land acquired for public-purpose so far has been for dams, canals, and ancillary
infrastructure. The WFR basin is no exception. Till the year 2010, about 0.2279 lakh
ha of land had been acquired by the Water Resources Department. For the currently
on-going and proposed projects the total area of land that still needs to be acquired
is approximately 0.1265 lakh ha (Say 55 % of the total area of WFR basin in
Maharashtra.) Taking into account the magnanimous provisions contained in the
newly promulgated National legislation on, ‘Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013’; the
acquisition of the required land is going to be an onerous and challenging
proposition.

Historical antecedents

While large dams have been constructed for over 400 years in Maharashtra, the
acquisition of land for such purposes under statutory provisions was carried out only
after 1894, with the promulgation of the Land Acquisition Act, 1894 during the
British rule. The cardinal principles of this act were followed until 2013 when the
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, was recognised and the 1894 Land Acquisition Act Repealed.

The principle of ‘eminent domain’; states that the State as the final custodian of all
natural resources have a near-axiomatic right to acquire land for discharging all its
duties and democratic functions as a welfare state. The concept of ‘public-purpose’
implies that the state has the right to take decisions which are in public interest, and
the government constituted by elected representatives has the power to decide
what and how a particular decision or action is in public interest.

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The 1894 Act also stated that the household whose land is acquired must be
compensated in such a manner that his economic wellbeing is maintained at least in
its original state i.e. at the time of acquisition. ‘Welfare State Paradigm’: the most
progressive and socially responsible approach to R & R would be to use the
inevitability of involuntary displacement as an opportunity for development.

Guiding criteria’s for conducting Land acquisition of R&R:

Project authority shall acquire the least or minimum possible area of land required
for the project R & R shall be carried out in the shortest possible time and delays
strictly avoided While giving the compensation to PAP’s, the objective of achieving
Maximum Social Advantage, possible within the legal framework, must be followed
R & R should comply with the principle of equity to the maximum extent possible,
and authorities should be continuously reminded that the procedure is a
humanitarian task. R & R should be treated as an opportunity for development with
full public participation and “Prior-informed-consent” wherever and whenever
possible be taken, so that fair-play and transparency is demonstrated.

Administration, Law and Policy in Maharashtra

The Government of Maharashtra (GoM) has passed first ever Act related to PAP’s in
1976. Later, in 1986 and 1999 a new Act was passed (as amended up to 12th
February 2016), which is currently in operation for all PAP’s who are notified under
section 4 and 11 of this act, prior to September 2013. The new act entitled ‘Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement was passed by central government on 26th Sep. 2013’, and it is
applicable to all states except the states of J & K. Prior to 1999, annual status report
for Maharashtra were being prepared by the Additional Divisional Commissioners
appointed specifically for Land Acquisition and R & R, and these were then submitted
to the Mantralay, Government of Maharashtra through the Revenue and Forest
Departments, however this practice appears to have been abandoned since then. As
per the Chief Minister’s statement, the Government of Maharashtra has decided to
reconstitute the defunct authority, in order to give relief to project affected people
(The Indian Express, 23/06/2016). The press release stated that almost 30 lakh
people have been displaced in the last six decades due to various public welfare
projects across Maharashtra, and that supporting statistical data shows that almost
80 per cent of these PAPs are due to land acquired from the farmers or others for
irrigation projects. Further, it is stated that the Maharashtra Project Affected
People’s Relief and Rehabilitation Authority (MPAPRRA) is chaired by the chief
minister and has members including two representatives from the project affected
persons across 36 districts. The PAP Relief and Rehabilitation Act have been in

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existence since 1986. The role of MPAPRRA is to facilitate alternative dwellings
complete with civic infrastructure to the PAPs, whose land has been acquired for
welfare projects. The Hon. CM has confirmed that, the government will reconstitute
and set up a full-fledged MPAPRRA to expedite the R and R of the people who have
been displaced due to projects. The objective of this is to provide more teeth to the
authority to ensure justice to every individual who has been displaced because of the
project, but not given justice for the last six decade

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement, 2013:

Current status of Act and implementation procedure: Currently, the 2013 Act of the
GoI is in force, and all acquisition carried out henceforth will be as per the provisions
of this Act. Unfortunately, the bylaws and rules of this Act have not been
promulgated as yet. Consequently, land for irrigation project has not yet been
acquired by the Revenue Department under this Act. The old provisions of 1999 Act
along with its amendments up to 2016 are currently in operation. Similarly, a
Government Resolution notified and Gazetted on the 12th May 2015 is being used
for acquiring certain types of land. In the case of dams for which land was acquired
prior to 1986, provisions under the 1894 Land Acquisition Act were used. In case of
the Koyana and jayakwadi Dam specific GR’s were passed, stating that the R & R Act
of 1999 would apply to the involuntary displaced PAP’s of Koyana and jayakwadi
Dams. In the case of Wangmarathwadi dam and Venekhol Dam (Satara District, Patan
Taluka), the 1999 Act was applied. The current practice enable the Revenue
Department to create a land-pool consisting of land acquired under various statutory
provisions under the 1894 Act and the subsequent legal instruments, during the post
independent period. When land was acquired purely under the provisions of 1894
Act, and allocated to PAP’s was 1.5 times the value of land, as per the Ready
Reckoner of the Revenue Department. No land for land has been given to PAP’s.
After the enactment of the 1999 Act, the compensation paid for land acquired was
approximately 4.5 times that of the Ready Reckoner. It is learnt from the authorities
of the Revenue Department that, when the latest provisions of the 2013, the Right
for Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act are applied, the compensation awarded amounts to about 8.5
times of the Ready Reckoner. The list of amenities to be provided has also been
expanded. Similarly, the common amenities to be provided in the proposed resettled
villages for rehabilitation (gaothan) have also been enlarged to respond current
requirements. In a recent award granted by Revenue Department, GoM in district of
Satara, the compensation for acquired land per hectare amounts to Rs. 8,90,351/-

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LAND ALLOCATION UNDER R&R ACT AS COMPENSATION IN JAYAKWADI
PROJECT CAN BE STUDIED IN THE CASE OF

“Kadubal Baburao Salunke vs The State of Maharashtra”

Introduction:
DATED : 15 th APRIL, 2019
ORAL JUDGMENT (PER : SUNIL P. DESHMUKH, J.

Rule made returnable forthwith and heard finally 1 / 7 This Order is

modified/corrected by Speaking to Minutes Order dated 27/06/2019 8-WP-2470-14.odt
with the consent of learned Counsel for petitioner and learned Assistant Government
Pleader for respondents.

CASE SYNOPSIS:
Petitioner before this Court seeking possession of 2 Acre of land pursuant to allotment
made to his predecessor, who was his mother, having been rendered landless for
acquisition of her land for Jayakwadi project. Pursuant to the scheme of government
making available alternate lands to the persons whose lands have been acquired,
petitioner's mother had applied for allotment of alternate land. Her application had
been granted and order came to be passed on 25th November, 1987, allotting her lands
situated at Hiradpuri admeasuring 2 Acre from Survey No. 102 and 2 Acre from Survey
No. 119.

Altogether 4 Acre land had been alloted to her. An amount of Rs.552/- as deposit
towards first instalment for each piece of 2 Acre land had been sought. Subsequently, it
appears that Respondent No.4 handed over 2 Acre piece of land from Survey No.102 to
petitioner's mother in 2012. There is no dispute on that. However, rest of 2 Acre piece of
land from Survey No. 119 had not been handed over. Correspondence ensued in this
respect. It appears that petitioner's mother had been communicated in September 2012
that the 2 Acre piece of land allotted to her from Survey No. 119 was not available and
she may seek alternate land from office of the Collector, Aurangabad. Accordingly, it
appears that petitioner had applied to 2 / 7 This Order is modified/corrected by
Speaking to Minutes Order dated 27/06/2019 8-WP-2470-14.odt the concerned
authorities i.e. Respondents No. 4 and 6 in 2013 along with affidavit seeking allotment of
land, since the land allotted earlier from Survey. No. 119 had already been allotted to
some other person. Petitioner requested respondents for land admeasuring 2 Acre from
Survey No.7 situated at Hiradpuri as land had been available in said Survey No. However,
respondents had not responded and the petitioner is before this court.

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Judgement:
Learned Counsel for petitioner took us through allotment order, position of Survey
No. 7 situated at Hiradpuri, correspondence in respect of allotment of another land
in Survey No.119 and said land having been allotted to some other person. In the
circumstances, alternate land from Survey No.7 for allotment was available but no
communication had been received in this respect from the concerned officers, and
therefore, this petition is filed.

Learned counsel has also referred to an order passed by this court dated 06th
October, 2016 in Writ Petition No. 9193 of 2015 in the case of Eknath Ravan Avdhoot
Vs. State of Maharashtra and Others which according to him is relevant since
circumstances are similar. Learned counsel submits that paragraphs no. 2 and 3
thereof would show the same. In said case, the court had considered that alternate
land was allotted to the predecessor of petitioner on the ground of 3 / 7 This Order is
modified/corrected by Speaking to Minutes Order dated 27/06/2019 8-WP-2470-
14.odt acquisition of land and that the contention has been raised that since there is
failure to deposit 75% of the amount of compensation, allotment of land to the
petitioner is not possible. Possession of the land had admittedly not been given to
father of the petitioner. The court had observed that Government Resolution dated
20th June, 1973 would come to the aid of the petitioner. Considering relevant
aspect, the court directed the respondents that on petitioner paying all instalments
of the occupancy price and complying with all other legal requirements, it shall hand
over possession of land whichever is vacant and available and shall take steps to
handover possession of 2 Acre land as per the allotment order in favour of father of
the petitioner.

Learned Assistant Government Pleader on the other hand contends that demand for
allotment of land is belated i.e. long after order is passed in 1987. He submits that
having regard to the inordinate delay, petitioner would not be entitled for allotment
of alternate land as considered in order dated 17 th October, 2012 passed by this
court in Writ Petition No. 5847 of 2014 and connected petitions. He refers to letter
dated 29th January, 2015 issued by Respondent No.1, directing not to allot lands to
those project affected persons who has not deposited requisite amount of
compensation with the government at the relevant time in accordance with 4 / 7
This Order is modified/corrected by Speaking to Minutes Order dated 27/06/2019 8-
WP-2470-14.odt Government Resolution. He, therefore, urges not to consider the
request made under the petition.

In the present case, there is no dispute that petitioner's mother had been alloted 2
Acre land each from lands Survey Nos. 102 and 119 situated at Hiradpuri. While 2
Acre piece of land from Survey No. 102, pursuant to order dated 25th November,

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1987 had been handed over in 2012, another 2 Acre piece of land from Survey No.
119 could not be handed over for the reason that same was not available for
allotment having been occupied by some other person. Petitioner, in the
circumstances, had been advised to seek allotment and possession of other alternate
land. Accordingly, petitioner had requested the concerned authority i.e. Respondent
No.4 - District Rehabilitation Officer, Aurangabad and Respondent No.6 - Tahsildar,
Paithan. From the affidavit-in-reply filed on behalf of respondents, it is clear that it is
not the case of respondents that no alternate land was available for allotment
pursuant to order dated 25 th November, 1987. The suggestion and request of
petitioner to have land from Survey No.7, which according to petitioner, has been
meant for allotment to persons whose lands are acquired, has not been disputed.
Another defence is being taken on the ground that request is belated. It is not
disputed that land allotted to petitioner's mother from Survey No. 119 could not be
allotted for same being occupied by 5 / 7 This Order is modified/corrected by
Speaking to Minutes Order dated 27/06/2019 8-WP-2470-14.odt some other person.
It is also not the

case of respondents that situation would not be governed by stipulation under

Government Resolution dated 20th June, 1973, particularly clause 3(d)(1) and clause
4 thereof, for inability to hand over possession of allotted land for the reason
referred to in correspondence particularly one dated 28th September, 2012.
Entitlement of petitioner to have allotment of alternate land would not be
questioned.

It appears that factual position in the present matter would be governed by

Government Resolution dated 20 th June, 1973 and as observed by Division Bench of
this Court in Writ Petition No. 9193 of 2015 in the case of Eknath Ravan Avdhoot Vs.
State of Maharashtra and Others (supra) shall come to the aid of petitioner.

Considering aforesaid position, contention of the respondents on the pretext that

demand is belated, would not stand to reason and is believed by the act of allotment
of land pursuant to order dated 25th November, 1987 in 2012 while alternate land
has been demanded in 2012-13 is impelled by failure to deliver the allotted land.

In the circumstances, the respondents shall, on petitioner paying all the instalments
and complying with all the requirements, 6 / 7 This Order is modified/corrected by
Speaking to Minutes Order dated 27/06/2019 8-WP-2470-14.odt hand over
possession of 2 Acre piece of land, whichever is vacant and available preferably from
Survey No.7, Hiradpuri, Tq. Paithan, if same is available for allotment and shall take
steps to hand over possession of 2 Acre piece of land as expeditiously as possible.
Conclusion
Writ Petition is allowed and is accordingly disposed of. No costs. Rule is made
absolute.