Presentation

on
Land Acquisition Processes
For
JV Projects
 Land Acquisition Options

• Since 01.01.2014, the Right to Fair Compensation,

Rehabilitation and Resettlement in Land Acquisition Act
2013 has come into effect.
• This replaces the LA Act 1894.
• There are different schedules in the Act.
• Schedule IV exempts certain Acts (including the Railway
Act) from its purview.
• This means that land can be acquired under the Railway Act
(amendment of 2008).
 Applicability of the Railway Act

• The Project should be sanctioned.

• The land should be in the name of a Railway.
– No difficulty in case the SPV decides to have land in the name of
Railway
– Examine considering the SPV/JVC itself as a Railway
– GR and NGR are mere definitions. GR being owned by the Govt.
(where President of India is signatory) and NGR is anything other
than GR.
 Definition 37A as per the Act

• “special railway project” means a project notified as such by

the Central Government from time to time, for providing
national infrastructure for a public purpose in a specified
time-frame, covering one or more States or the Union
territories.
• Public Purpose is also defined in the Act of 1894: Any
acquisition where compensation is paid at least partly
through public funds or through Local Body Fund.
 Processes of Railway Act
• Standing instructions exist that all Railway Projects are
‘Special Railway Projects’.
• However, project-wise notification is required to be issued
with the approval of General Manager(Cl 37A).
• Competent Authority is nominated by the GM(Cl 7A)
– There is no qualification specified.
– It’s a good idea if a revenue official is appointed as CA.
– A request is made to the State Govt. to nominate a full time or part
time CA. On receipt of such recommendation from State Govt, the
GM approves the notification.
 Field Processes
• Land corridor is to be identified on the ground.
• Effort is made to transfer the corridor on village maps as
accurately as possible. This is only for reference purpose and get
a broad view of locating the project on village maps.
– The village maps are mostly based on some antiquated technique and the
corridor can never be truly translated from map to the ground or vice
versa.
– Hence, the details of land losers and the area involved is to be picked
from the ground. However, inaccuracy creeps in as there are ambiguities
regarding ownership on the ground also.
 Field Processes
• First notification is under Clause 20A. It is about intent to acquire
land. It is supposed to have a brief description of land.
• Clause 20B gives permission to enter lands, comes into effect
after 20A.
• Actually, all Acts have a little anomaly here. Surveyor is not
expected to enter private lands until a notification under clause
20A has been published. However, the later implementation
depends on the accuracy of description of lands under Cl 20A.
This is achieved only by cooperation of Distt. Officials who
allow a survey/ joint survey to find the exact plot Nos. and the
area involved.
 Field Processes
• After gazette publication of the notification under Cl 20A, the Competent
Authority causes its publication in local newspapers. This specifies the time
limit of 30 days along with place at which the land records can be examined
and objections to the purpose can be made.
– All time schedules are with respect to publication of this info in local newspapers.
– Many revenue officials get into sorting out local issues such as a missing plot brought
to his notice by some land owner. But this is not the time for resolving these matters.
– Here only objections to the purpose can be entertained.
• After the due date, the CA considers the objections. Unless there is anything
to the contrary, the CA is expected to reject frivolous objections and issue a
letter to the GM( or any railway authority).
 Field Processes

• Having received a ‘No Objection’ clearance from the CA,

the Govt decides to acquire the land and issues another
notification under Cl 20E.
• This notification includes the details of all land owners or
anyone whose interest may be involved to seek their claims.
• After gazette notification, this is again published in local
news papers and claims are heard on a fixed date, time and
place.
 Field Processes

• After hearing the claims, the CA is expected to prepare

award of compensation, resettlement and rehab
simultaneously.
• Help of some local NGOs may be enlisted in identifying
families and other interested parties.
• LARR 2013 and Removal of Difficulties Rules of 2015
make it clear that R&R is to be implemented as per Schedule
III of the Act.
 Compensation and R&R
• Compensation is four times the cost of land in rural areas and two
times the cost of land in urban areas.
• R&R has several components:
– Jobs for the affected families or
– Annuity of inflation indexed Rs 30000 per family, or
– One time lump sum package of Rs. 5.0 lakh per affected family.
• The R&R Policy of 2007 had defined affected family as that
family whose primary source of earning or livelihood is affected.
• LARR defines Affected Family as a family whose land has been
acquired. There is no mention of the quantum or percentage land
lost.
 Anomalies

• There are many families owning one plot.

• The acquired area out of a plot could be 0.1 Acre or 1% in
one case and 5 acres and 90% in another case.
• Can we have the same R&R package for all?
• The best solution is to link R&R with the quantum of land.
• States like Gujarat and Chhattisgarh have issued such orders
to link R&R with the amount of compensation.
• These may have to undergo a cycle of validation by courts.
 Forest Clearance and diversion of Forest Land

• Forest Case registration with all details of forest land

• Three types of forest lands, revenue forest, protected forest
or reserve forest
• Different notations like orange or red
• Forest Deptt will insist on DGPS survey of all forest plots,
most of which will not tally with existing maps.
• Great amount of jugglery and personal favours may be
involved.
 Forest Clearance and diversion of Forest Land

• The work can’t be managed without competent consultants

• All steps must be taken with knowledge that someone with
approach NGT. Proper records are to be kept
• FC Act and FRA are applicable.
• Role of Gram Sabha to be arranged by State Govt.
• Stage-I and Stage-II clearance required after that formal
letters of diversion of land is to be issued by
 Land Acquisition---Way Forward for
JVs

• The Concession Agreement provides that JVs/SPVs are a

Railway under the Railway Act.
• A Railway by definition is a section of track that is open for
public carriage of goods and passengers.
• Public Purpose has otherwise been defined as that purpose of
land acquisition where compensation is paid partly from public
exchequer or from a Local Body Fund.
• Hence, only the power of issuing notifications on behalf of the
Govt are to be delegated.
Thank You