Land Acquisition Process & Procedure

1. Land Acquisition Process & Procedure Presented by Sri Avaya Kumar Nayak Joint Secretary to Government Revenue & Disaster Management Department, Government of Odisha ROTI, Bhubaneswar, 29.08.207

2. LAND IS THE MOST IMPORTANT REQUIREMENT FOR INDUSTRISAL AND INFRASTRUCTURE DEVELOPMENTS INCLUDING SOCIAL INFRASTRUCTURE

3. Options on land • Available IDCO Industrial Estates • Available Govt land • Available land in Land Bank • Private land can be acquired through bilateral negotiations • Through LA Proceedings

4. Land Bank • Government has identified about 1 lakh acres of Govt waste land in patches for land Bank • About 10,000 acres with IDCO in ready to use position. • Two types of land-(i) already with IDCO or immediately given to IDCO (II) Identified and reserved, can be given to IDCO on short notice. • Land cost at IPR rates • Collector given full power to lease to IDCO. • IDCO given right to mortgage and can give NOC on right to mortgage.

5. Direct purchase of land on private negotiation • Intermittent patches of private land can be directly purchased • Assistance of a District level committee headed by Collector to ascertain the valuation can be availed. • No limit to private purchase, if the land is not multi- crop irrigated land • Purchase limit of Multi-crop land as decided by Agril Department • Private purchase upto 50 acres in urban area and 200 acres rural areas shall not attract R&R provisions under RFCTLAR&R Act.

6. ACQUISITION OF PRIVATE LAND AS THE LAST OPTION

7. Earlier, Land Acquisition was done under the Land Acquisition Act, 1894 Now under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLAR&R Act, 2013)

8. The core issues that could not be answered under Land acquisition Act of 1894 • Understanding of Public Purpose and its frequent application including for Land Acquisition for private projects • Applicability of Emergency clause • Consent of People • Calculation of Fair compensation for the land and the fixed assets over it • Rehabilitation and Resettlement of displaced families • Addressing Livelihood issues and loss of Social and Economic disjoint due to displacement • Timely payment of compensation

9. What is new in the new Act • Social Impact Assessment Study (SIA) (Irrigation projects for which Environmental Impact Assessment has been done under any other law are exempted/ if under emergency provisions u/s 40, then exempted) Public hearing mandatory consent of majority • Special Provision to safeguard food security –Sec-10- No irrigated multi-cropped land shall be acquired. ( linear projects exempted)

10. What is new in the new Act • Special protection to SC &ST u/s 41- No land to be acquired, if acquired as demonstrable last resort- Special R&R Plan • Direct purchase of private land allowed with restriction u/s 46 • Higher rate of compensation with solatium and multiplying factor • Compensation for livelihood loss • If the land acquired not utilised within 5 years, then the land be reverted to the original owner u/a 101

11. Chapters in RFCTLAR&R Act

17. IMPORTANT PROVISIONS IN THE NEW ACT COMPARE D TO OLD ACT

18. IMPORTANT PROVISIONS IN THE NEW ACT Contd………..

19. Public Purpose u/s 2

20. Public Consent u/s 2(2)

21. Important Definitions: Affected family (Section 3(e) • A family whose land or other immovable property has been acquired; • A family which has lost its livelihood; • A family of Tribes and other traditional forest dwellers that have lost any of their traditional rights recognized under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 due to acquisition of land; • A member of the family who has been assigned land by the Govt, & the sme in under Acquisition. • In Old act Affected family was limited to the land losers

22. Cost of Acquisition u/s 3(i) • Amount of compensation including solatium • Cost of damages caused to land & standing crops • Cost of acquisition of land & building for settlement of displaced or adversely affected families • Cost of dev of infrastructure and amenities at the resettlement area • Cost of R&R • Administrative cost • Cost of SIA Study

23. Definition of Family u/s 3(m) • Family includes a person, his or her spouse, minor children, minor brothers and minor sisters dependent on him; Provided that widows, divorcees and women deseredted by families shall be considered separate families; Explanation: An adult of either gender with or without spouse or children or dependents shall be considered as separate family for the purpose of this Act.

24. Persons interested u/s 3(x) • All persons claiming an interest in compensation to be made • All persons who have lost any forest rights under FRA Act, 2006 • A person interested in an easment affecting the land • Persons having tenancy rights under any relevant state laws including share croppers • Any person whose primary source of livelihood is likely to be affected

25. SIA Study u/s 4-9 • U/s 4(1)- Notification by Govt to assess the impact of the projects, SIA to be carried out in all cases of land acquisition in consultation with Panchayat or Municipal corporation within six months • The SIA study shall include; • Assessment as to whether the proposed acquisition serves the public purpose • Estimation of affected families &families likely to be displaced • Extent of lands, public and private, houses, settlements and other common properties likely to be affected • Whether the extent of land proposed is absolutely bare minimum requirement. • Whether other alternative sites were found not feasible • Study of social costs vis-a-visthe benefits of the project • Social Impact Management Plan (SIMP) to list out ameliorative measures to address adverse impact • The SIA report shall be made available to the public • Summary of SIA Report to be issued along with preliminary notification under Section 11

26. NabakrushnaChoudhury Institute of Developmental Studies (NCDS) is the State Nodal Agency for conducting SIA Study. • NCDS has identified 32 independent agencies to conduct the study in different parts of the State on its behalf. • Appropriate Govt shall require the authority conducting the SIA to prepare SIMP listing the ameliorative measures required tpo be undertaken. • u/s 5- A public hearing is held at the affected area after giving adequate publicity to ascertain the views of the affected families and be recorded • Publication of the SIA report in local language u/s 6 at Panchayat, Municipality, office of Collector, Sub-collector and Tahasildar and in the affected area. • The irrigation projects where the process of Environment Impact Assessment is required under any other Law, are exempted from this study as per sec 6.

27. Process of conducting SIA • Requiring body applies in Form A to Collector with land schedule • Collector after scrutiny, sends to SIA unit with copy to R&DM department and tahasildar to update records, settling of land rights, restoring titles, Forest rights etc as special drive • SIA Unit prepares ToR and estimate • Requiring body deposits the cost plus 10% admn cost • SIA Notification within 30 days in Form-C. • Public consultation and public hearing • SIA report in form D • Nature, extent and intensity of impact be assessed in Form-G

28. Appraisal of SIA Report by Expert Group • u/s 7- Appraisal is done by an independent multidisciplinary Expert Group. • Expert Group to Appraise the SIA • 2 non-official social scientists, • 2 representatives of Panchayat, Gram Sabha, • 2 experts on rehabilitation, • 1 technical expert in the subject relating to the project • To make recommendations within two months • SIA Report valid for 12 months

29. Minimum Acquisition & Minimum Displacement (Section 8) Appropriate Government shall ensure that:- • a) There is a legitimate and bona fide public purpose for the proposed acquisition • b) The public purpose, in the long term, is in the larger public interest so as to justify the adverse social impact as determined by SIA • c) Only the minimum area of land required for the project is being acquired. • d)There is no unutilized Land that has been previously acquired in the area • e)The land, if any, acquired earlier and remain unutilized, is used for such public purpose Such area shall be acquired which would ensure minimum displacement and minimum disturbance to infrastructure and ecology and minimum adverse impact on individuals affected • SIA is exempted in case of projects acquiring land with application of emergency clause u/s 9

30. Special provision to safeguard food security(Section 10) • Irrigated multi-cropped land shall not be acquired except when land acquired does not exceed five percent (Flexibility to appropriate government) of total irrigated multi-crop area in that district or State. • Whenever a multi-crop irrigated land is acquired, an equivalent area of culturable waste land shall be developed for agricultural purposes. • In other cases the acquisition of agricultural land should not exceed for all projects in a district or State such limits of the net sown area of that district or State as may be notified by the appropriate government. • State to make rule what percentage of Irrigated land can be acquired in special circumstances.

31. Preliminary Notification u/s 11(1) • Similar to the old Act. A notification relating to the land details to be acquired with the name of the land owners as well as the summary of the SIA report, reasons necessitating the displacement of affected persons is to be published (a) in official gazette, (b) in two daily newspapers circulating in the locality, at least one in the regional language , (c) in the panchayat or municipality, (d) uploaded in the website, (e) in the affected area. • The cutoff date is the last date of the publication in any of the system. • Land transaction is restricted u/s 11(4) and Collector to ensure updating of the land records within a period of two months u/s 11(5). • This notification is valid for 12 months as per sec 14 • In the old Act preliminary notification u/s 4(1)

32. Checklist for Preliminary Notification • Administrative approval • Land schedule (both hard and soft) • Copies of RoR • Project area Map • Proof of deposit of Admn cost (10% IDCO/20% in other cases. • Draft Notification copy • Certificates to the effect that • Land is not under scheduled area • Not under Irrigation Command area • No Gochar / communal land(proposal for exchange attached) Under new Act abstract SIA report

33. Activities during valid period of Notificationu/s 11(1) • Preliminary survey of land. • Hearing of objections u/s 15 such as to the area and suitability of land, justification offered for public purpose, findings of SIA within 60 days. • The administrator shall prepare rehabilitation and resettlement scheme including the rehabilitation colony with details of public amenities and infrastructure facilities. • The rehabilitation scheme shall be reviewed by the Collector as well as by R&R Committee constituted u/s 45. • The scheme shall be submitted to the Commissioner R&R for approval of the government. • After approval, it will be made available in the local language of the panchayat / municipality and uploaded in the website of the appropriate government.

34. Role & Responsibilities of the Administrator u/s 16 • Sub- Collectors have been notified as the Administrator R&R in respect of all projects situated within the concerned Sub- Division. • Subject to the superintendence, directions and control of the appropriate Govt and the Commissioner, R&R, the formulation, execution and monitoring of the R&R Scheme shall vest with the Administrator. (u/s 43) • Upon publication of preliminary notification, the Administrator R&R shall conduct a survey and undertake a census of the affected families, which shall include; • Particulars of land and immovable properties being acquired of each affected family • Livelihood lost in respect of land losers and other primary dependents on such land • A list of public utilities and Govt buildings which are affected, where resettlement of affected families in involved • Details of amenities and infrastructural facilities affected, where resettlement of affected families in involved • Details of any common property resources being acquired

35. Role & Responsibilities contd. • The Administrator, on the basis of the survey and census shall prepare a draft R&R Scheme, which shall include; • Particulars of the R&R entitlements of each land owner and the livelihood losers • A list of Govt buildings to be provided in the Resettlement area • Details of public amenities and infrastructure which are to be provided in the Resettlement area • Time limit for implementing the R&R scheme • The draft R&R Scheme shall be made known locally by wide publicity in the affected area and discussed in the concerned Gram Panchayat or Municipalities.

36. Power, Duties and Responsibilities of the Administrator (Rule 32 of RFCTLAR&R Rules 2016) • To conduct survey and undertake census of the affected families • Prepare a draft R&R Scheme • To publish the draft scheme • To make available the draft scheme to the concerned persons and authorities • To organise and conduct public hearing on the draft scheme • To provide an opportunity to the Requiring body to make suggestions and comments on the draft scheme • To submit the draft scheme to the Collector • To publish the approved acheme in the affected area • To help and assist the district collector in preparing the scheme • To monitor and supervise the implementation of the R&R award • To assist in post implementation Audit of R&R and • To do any other work required to be done for R&R.

37. Public hearing on R&R Scheme • A public hearing shall be conducted after giving adequate publicity about the date, time and venue at the affected area. • Provided that where the affected area involves more than one GP or Municipality, public hearing shall be conducted in every GP where more than 25% of land belonging to that Gram Sabha or Municipality is being acquired, • Consultation of Gram Sabha in scheduled areas shall be as per the Panchayats (Extension to the Scheduled Area) Act, 1996 • The Administrator shall on completion of the public hearing shall submit the draft R&R Scheme along with a specific report on the claims and objections raised in the Public hearing to Collector.

38. Review and Approval of the R&R Scheme • Collector shall review the draft R7R scheme with the project level R&R Committee constituted under section 45. • Collector shall submit the draft scheme with his suggestions to the Commissioner, R&R for approval. • RDCs have been appointed as the Commissioner, R&R. • The Commissioner shall approve and cause the approved R&R Scheme made available in local language to the GP, Municipality, offices of Collector, Subcoillector, tahasil, and • Publish in the project area and upload in the website of the appropriate Govt.

39. Declaration u/s 19(1) • Similar to the declaration provisions u/s 6(1) of the old Act. Government shall publish the declaration along with the area identified for resettlement site. • The collector shall publish a summary of the R&R scheme and ask the requiring body, to deposit an amount full/part towards cost of acquisition of land. • The old Act was confined to declaration of the land details intended to be acquired for public purpose as there was no mandatory provision for Rehab. Colony and Resettlement and Rehabilitation • The validity of the declaration is 12 months from the date of the declaration of publication otherwise the entire proceedings will be lapsed.

40. Checklist for Declaration u/s 19(1) • Abstract of R&R Management Plan • Approval of R&R Scheme • Objection hearing case records(within 60 days from prelim Notification) • Copies of publications in two local dailies of prelim notification • Gazette Notification copy • Public notice duly served locally • Fund Certificate Valid date of declaration within 12 months of preliminary notification

41. Notice to persons interested and the Award • Collector to measure and mark out the lands and prepare a plan u/s 20 • Publish public notice at convenient places, affected area and in the website to the effect that claims to compensation and R&R for all interests be made to him • Date and time (not before 30 days and not beyond 6 months) to appear before him in person or through agent/ advocate • Notice to the occupiers. If persons interested residing elsewhere, notice by post to the address last known and in two national dailies and in website • Collector shall make an award u/s 23 under his hand considering the true area of land, compensation u/s 27 and R&R Award u/s 31 and the apportionment of compensation among all persons interested. • The award within 12 months from the date of declaration

42. Retrospective Effect (Section 24) • Where no award u/s11 of the Land Acquisition Act, 1894 has been made, then all provisions of this Act relating to determination of compensation shall apply; • Where an award has been made u/s 11, then such proceeding shall continue under the old Act as if the said act has not been repealed. • Where award u/s11 of the LA Act, 1894 has been made 5 years or more before the commencement of this Act but the physical possession of the land not taken or compensation not paid –the said proceeding shall be deemed to have lapsed and if required fresh proceeding under new Act be initiated. • If award has been made but compensation in case of majority of land holding is not been deposited in the account of beneficiaries then all notified land losers will be entitled to new compensation calculation.

43. Determination of Market value of land u/s 26 • BMV declared under the Stamp Act, or • Average sale price for similar type of land in the nearest vicinity, or • Consented amount agreed upon; whichever is higher For determination of average sale price; • Sale deed of preceeding 3 years • One-half of the deeds having highest price be taken • Compensation amount earlier paid not to be considered • Collector may discount any doc, if not indicative of actual price • Market value shall be multiplied by a factor • Tatal amount of compensation shall include cost of the assets attached to the land • Award of solatium 100% on tatal compensation.

44. Sliding Scale for multiplying factor

45. Calculation of compensation as per First Schedule

46. Compensation • LA Compensation to land owners is determined as per Sec 26-30 read with first schedule • Lump sum Compensation to • Agricultural labourers–current minimum wage x 200 days • Tenants and share croppers- 25000 per acre of land they cultivate • Artisans working for 3 years prior to acquisition-25000 All Payment within 15 days of award

47. R&R Award by Collector • U/s 31, Collector shall pass awards for R&R benefits as per second Schedule of the Act • U/s 32- Collector shall ensure the provision of infrastructural facilities and basic minimum amenities specified in the third schedule. Collector shall possession of land u/s 38: After ensuring full payment of compensation as well as R&R entitlements Timeline from the date of award u/s 30; • For Compensation - Within 3 months • For monetary part of R&R entitlements- within 6 months • For infrastructural entitlements under second and third schedule- within 18 months • Incase of irrigation or hydel projects 6 months prior to submergence Collector shall ensure that R&R Process is complete in all aspects before displacement Additional compensation (100%) for second and successive displacements

48. Important R & R Benefits • Resettlement and Rehabilitation benefits to all affected families (in addition to compensation) • R & R Package - Choice of employment/5 lakhs/Rs. 2000 per month for 20 yesr0 • One-time Resettlement Allowance: Rs. 50,000/ • Cattle shed/petty shops - Rs. 25,000/ • One time grant to artisan/traders/self employed - Rs. 25,000/ • Fishing rights in reservoir • Land for land – Irrigation projects (as far as possible) I acre of land (2.5 acres for SCs/STs in command area Displaced Families • Housing in case of displacement – Rural Areas (IAY specifications); Urban areas (constructed house not less than 50 sq.mts in plinth area/min Rs. 1,50,000) • Subsistence grant for all displaced families – Rs. 3000 per month for one year (additional Rs. 50,000/ for SCs/STs). • Transportation grant for all displaced families - Rs. 50,000/ • All monetary rehabilitation grants and benefits are adjusted based on the Consumer Price Index. • Stamp duty/registration to be paid by the requiring body

49. Urgency Provision (Section 40) • LA Act, 1894 empowers the appropriate Government to acquire land under urgency provision for any public purpose U/s 17 . • However, in new Act urgency provision restricted to: • acquisition of land for defence of India; or • national security; or • for any emergency arising out of natural calamities. • An additional 75 percent of total compensation shall be paid which was not a provision in Old act

50. Special provision for SC&ST u/s 41 & 42 • No acquisition in scheduled areas; • If done as the demonstrable last resort • Prior consent of Gram Sabha in scheduled areas • If involuntary displacement, then Development Plan • Shall be resettled preferably in the same Scheduled Area in a compact block to retain ethnic, linguistic and cultural identity • Any alienation of SC land in violation of laws in force is null and void. In case of acquisition, compensation be paid to the original land owners belonging to SC • Fishing rights to ST and SC in reservoirs of hydel projects • If SC and ST families relocated out side the district, additional 25% of R&R benefit plus one time Rs.50,000/- • All reservation benefits shall continue in the resettled area • All the benefits and safeguards of the scheduled area shall be extended to them even if resettled in areas other than scheduled area • The community rights under the FRA shall be quantified in monetary terms and paid to the individual proportionately.