UTTAR PRADESH POWER CONCLAVE, 2011

UTTAR PRADESH POWER CONCLAVE, 2011 “LAND ACQUISITION AND R&R ISSUES” • LALITPUR POWER GEN CO. LTD. • Bajaj Group of Companies Dr. A V Singh 23.12.11

CONTENTS • About us • Our contribution in Power generation • Renewable and Conventional • Emerging significant factors • Site selection criteria • Assessment of land acquisition for Coal Based Thermal Power Plant • Options & procedures to procure land • Land acquisition & constitutional framework • Land Acquisition Act, 1894 • National R&R Policy • Land Acquisition Bill 2011 (Draft) • Constraints in land acquisition in India • Courts intervention • Recommendations

ABOUT THE COMPANY • Founded in 1931 by Late Shri Jamnalal Bajaj, a businessman, confidante and adopted fifth son of Mahatma Gandhi. • In Sugar manufacturing & Green fuel • No. 1 in Asia • Amongst the top 5 globally

COMPANY'S VISION To be the leader in our chosen business area, create an organization that all our constituents are proud to be associated with, set benchmarks that will become the standard for others to emulate and through ethical business practices create wealth for our stakeholders.

COMPANY'S MISSION To transform bajaj hindusthan ltd. into a dynamic and vibrant business entity where growth is an ethos and the long-term value creation for our stakeholders is the paramount objective.

CONTRIBUTION OF BAJAJ GROUP IN POWER GENERATIONBiomass (Bagasse)

CONTRIBUTION OF BAJAJ GROUP IN POWER GENERATIONCoal Based Thermal Power Projects

EMERGING SIGNIFICANT FACTORS • New Environmental Law • Involving community increasingly • Public hearing etc. • Pressures • Public Interest Litigation (PIL) & Active Courts • Growing consciousness among citizens • Active NGO • Court verdicts show a trend of favouring petitioners • Preservation of environment on priority list of Courts

EMERGING SIGNIFICANT FACTORS • Strict Standards • Corporate Responsibility for Environmental Protection • Zero discharge • 100% utilization of Fly ash from the IVth Year of operation • Emission - 150 mg/NM3 : 50 mg/NM3

SITING CRITERIA • Ecologically and/or otherwise sensitive areas: at least 25 km. • b) Coastal Areas: at least ½ km. from high tide line. • c) Flood Plain of the Riverine System: at least ½ km. • d) Transport/Communication System: at least ½ km. from highway and railway. • e) Major Settlements (3,00,000 population) : at least 25 km from the projected growth boundary of the settlement

SITING CRITERIA • Avoidance of prime agricultural & forest land conversion • Minimum land but sufficient Green belt • Gainful usage of treated waste water • Enough space for solid waste

ASSESSEMENT OF LAND REQUIREMENT FOR COAL BASED THERMAL POWER PLANT

COMMITTEE TO WORKOUT THE THERMAL POWER PLANT LAND REQUIREMENT • Central Electricity Authority (CEA) constituted a committee comprises of following agencies; • NTPC (National Thermal Power Corporation) • BHEL (Bharat Heavy Electricals Ltd.) • TCE (Tata Consulting Engineers) • CEA (Central Electricity Authority)

THE TERMS OF REFERENCE OF COMMITTEE • To work out the minimum land requirements for coal based thermal power plants having capacities of 1000 MW, 2000 MW, 3000 MW & 4000 MW. • To develop layouts for the above thermal power plants (pit-head and coastal-site). • To study layouts being followed in developed countries. • To give recommendations on the requirements of land taking into consideration of above.

RECOMMENDATION OF COMMITTEE FOR LAND RQUIREMENT Pit head stations using Indian Coal Source: CEA report on Land requirements

LAND ACQUISITION OPTIONS TO PROCURE LAND • Acquisition through Govt. under Land Acquisition Act 1894 • Direct purchase from the land owners

LAND ACQUISITION LAND ACQUISITION PROCEDURE Private Land • Similar to Acquisition of Govt. land • Direct dealing and negotiation with land owners • Information to Govt. for records • Permission under section 154(UP Zamindari Abolition & Land Reform Act,1950 - Restriction on transfer by a bhumidhar) Forest Land • Permission needed • Regional MoEF- >5 Ha and Central MoEF < 5 Ha land

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK • Land acquisition refers to the process by which Govt. forcibly acquires private property for public purpose without the consent of the land owner. • Originally the wishes of owners of property were totally irrelevant but at present, the law tries to provide various provisions for objection and alternative remedies in case of inadequacy of compensation.

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK • English Law : “Law of compulsory Purchasing” • US Law : “Power of Eminent Domain”

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK The Land Acquisition Act, 1894 Addresses the process of land acquisition in India & also amended several times.

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK History Background (Cont……) History of Land Acquisition Act • Regulation 1 of 1824, Bengal Code British to acquire land for salt manufacture • Bombay Presidency, Act XXVIII, 1839 British to acquire land to the island of Bombay and Colaba • 1850 some of the provisions of regulation 1 of 1824 were extended, with a view to confirm the land titles in Calcutta that were acquired for Public purpose.

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK History Background (Cont….) History of Land Acquisition Act • India Act X of 1870 subsequently come into effect which was further replaced by Land Acquisition Act 1894; • A completely self contained Act in order to purge some of the flaws of Act X of 1870 • The India Act XVIII, 1885 • Acquisition of land in British India for mines & minerals. Prior laws did not cover causes where resources were situated under the land which Govt. sought to acquire. It also include rules laid down in sections 7785 of the English Railways clauses consolidation Act. • The Land Acquisition Act of 1894 was a comprehensive law enacted in British India • “This Act of 1894 is the basis for Indian Government’s current procedures for land acquisition for “Public Purpose”

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK History Background History of Land Acquisition Act • The Land Acquisition Act of 1894 – reviewed by various committee appointed by Govt. of India. • 1967 – by resolution no. 6-6/67 to study, consult and recommend principles to amend the 1894 Act. • 1894 Act –Amended several times. [ • After Independence Indian Govt. adopted “Land Acquisition Act – 1894” as a tool for Land Acquisition.

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK • Constitution of India • Provision under Article 19 (f) & Article – 31 : Right to Property • State confronted with right to property Article 14, 19 & Article 31 as Court struck down various acts of state as being ultra vires. • Stoppage of development/growth etc. • Constitution (First) amendment Act, 1951 was enacted. • Article 31 (A) categorically states that no law which provides for acquisition by the state of an estate can be held void as being ultra vires Article 14 or Article 19. It also provided for payment of compensation at a rate not less than market value of the property.

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK • Land can be acquired by the State or the Central Govt. for the purposes listed under State & Centre list respectively unless the Central Govt. delegates the task to the State Govt. under article 258(1) of the constitution. • “Constitutionality of various sections of the land Acquisition Act has been considered as being violation of Article 19 and 31 of the constitution as being confiscatory in nature and it is sought to deprive appellants of their land”.

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK • “Public Purpose” Article 31(2) categorically states that a land can be acquired by the State only for Public purpose. • General interest of community • Anything which is useful to the public purpose benefit or conduces to same public advantage. • Public purpose: Determining factor • Consideration of hardships to the individuals can not out weight the question of public demand.

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK Public Purpose • Section 3(f) of The Land Acquisition Act defines Public purpose. • The Power to select the land is left to reasonable discretion of the Govt. and Courts can not interfere in this regard. • The provision of village-sites, or the extension, planned development or improvement of existing village-sites. • The provision of land for town or rural planning

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK Public Purpose • The provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned. • The provision of land for a corporation owned or controlled by the State. • The provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State.

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK Public Purpose • The provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Govt. or any such scheme, or with the prior approval of the appropriate Govt. by a local authority, or a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State. • The provision of land for any other scheme of development sponsored by Government or with the prior approval of the appropriate Government, by a local authority. • The provision of any premises or building for locating a public office, but does not include acquisition of land for companies.

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK Public Purpose It is not possible to give an exact and all-embracing definition of public purpose. Public Purpose includes the following aims; • In which general interest of the community, or a section of the community, as opposed to the particular interests of the individuals, is directly or vitally concerned. • Which would preserve or promote public health, comfort or safety of the public , or a section of it, weather or not the individual members of public may make use of the property acquired. • Which would promote public interest, or tend to develop the natural resources of the state. • Which would enable department of the government to carry on its governmental functions.

LAND ACQUISITION & CONSTITUTIONAL FRAMEWORK Public Purpose • Which would serve the public, or a section of it, with some necessarily or convenience of life, which may be required by the public as such, provided that the public may enjoy such service as of right. Or • Which would enable individuals to carry on a business, in a manner in which it could not be otherwise be done, if their success will indirectly enhance public welfare, even if the acquisition is made by a private individual, and the public has no right to any service from him, or to enjoy the property acquired. Or • If the use to which the property would be put, is one of the widespread general public benefit not involving any right on the part of the general public itself, to use the property or; • Which would result in an advantage to the public; it is not necessary that the property, or the work upon it, should be available to the public as such; the acquisition may be in favour of individuals, but in furtherance of scheme of public utility, which would result in enhancement of public welfare.

LAND ACQUISITION ACT 1894: Highlights Part I : Section 1 to 3 deals with Title, extent and Commencement Part II: Section 4 to 17 deals with Acquisition Part III: Section 18 to 28 deals with reference to Court and procedure thereon Part IV: Section 29 and 30 deals with compensation Part V: Section 31 to 34 deals with Payment Part VI: Section 35 to 37 deals with Occupation of land Part VII: Section 38 to 55 deals with Acquisition of land for companies

Flow chart showing the process of Land Acquisition • Determination of Area for land required and its location. • Filing of application to DM Cont……… Publication of section 6 in the news paper apart from Public Notice • Setting of Survey team by DM • Verification and valuation of land and property. Section – 6 Notification *SLAO issues letter to deposit 10% of total land value and 10% per expenses as advance Approval of Rehabilitation scheme 20% needs to be deposited Section 6 Application Section 4 Notification • Rehabilitation compensation to be deposited. • Submission of scheme Publication in news paper apart from Public notice in the villages, where land is to be acquired 80% compensation of land value needs to be deposited Hearing of objection * Special Land Acquisition Officer

POSSESSION Compensation distribution by SLAO Staff Award to be granted by Commissioner, and same is declared by SLAO Proposed award to be sent by DM to commissioner for Approval Crop compensation to be deposited Meeting for rate of Compensation by DM Objections to be received and sorted out under sec 9(1) and (3) Re-survey of property to find out any defects/missing properties

ACQUISITON IN INDIA Acquisition in Land for the Company in Private Sector; • First Sec 4: Publication of notification. • Sec 5: Objection regarding acquisition. • Objection referred to Govt. • Sec 40: Consideration of objection or further any inquiry by Govt. • Sec 41: Execution of the agreement by the Company. • Sec 9: Public notice by the collector persons interested for claiming compensation. • Sec 11: Award after considering the objection raised. • Sec 16: Possession can be taken after the Award • Sec 17: Not available for the company in Private Sector. • Reason: Under the definition of “Public Purpose” in sec 3(f), acquisition of land for such company is not included.

NATIONAL R & R POLICY Objectives: • Minimization of displacement and promotion of least-displacing alternatives • Ensuring adequate rehabilitation package and effective implementation • Active participation of affected families • Protecting the rights of the weaker sections • Treatment with sensitivity

NATIONAL R & R POLICY • Providing better standard of living with sustainable income. • Integration of rehabilitation concerns into the development planning and implementation process. • Harmonious relationship between project proponent and affected families.

R & R POLICY Social Impact Assessment (SIA) of Projects • Social Impact Assessment (SIA):- Involuntary displacement of four hundred or more families en masse in plain areas, or two hundred or more families en masse in tribal or hilly areas • Consideration of impact on public and community properties, assets and infrastructure; particularly, roads, public transport, drainage, sanitation, sources of safe drinking water etc.

R & R POLICY • Undertaking of EIA & SIA simultaneously • Availability of SIA in Public Hearing. • Mandatory SIA clearance • Compliance of SIA conditions

R & R POLICY Rehabilitation and Resettlement Plan Declaration of affected area Baseline study 90 days Draft findings of the survey to Public 30 days Submission of the details of survey along with recommendations to the appropriate government 45 days Publishing of final details of survey in the official Gazette Declaration of the resettlement areas Preparation of the draft R&R Plan Final publication

R & R POLICY Baseline survey: village-wise information of the affected families: • Members of the family who are permanently residing, engaged in any trade, business, occupation or vocation in the affected area; • Families who are likely to lose, or have lost, their house, agricultural land, employment or are alienated wholly or substantially from the main source of their trade, business, occupation or vocation; • Agricultural labourers and non-agricultural labourers; [ • Families belonging to the Scheduled Caste or Scheduled Tribe categories;

R & R POLICY • Vulnerable persons disabled, destitute, orphans, widows, unmarried girls, abandoned women, or persons above fifty years of age; who are not provided or cannot immediately be provided with alternative livelihood, and who are not otherwise covered as part of a family; • Families that are landless and below poverty line, but residing continuously for a period of not less than three years in the affected area preceding the date of declaration of the affected area; and [ • Scheduled Tribes families who are or were having possession of forest lands in the affected area prior to the 13thday of December, 2005.

R & R POLICY R & R scheme/plan details: • The extent- of land to be acquired for the project and the name(s) of the affected village (s); • A village-wise list of the affected persons, family-wise, and the extent and nature of land and immovable property owned or held in their possession in the affected area, and the extent and nature of such land and immovable property which they are likely to lose or have lost, indicating the survey numbers thereof; • A list of agricultural labourers in such area and the names of such persons whose livelihood depends on agricultural activities.

R & R POLICY • A list of persons who have lost or are likely to lose their employment or livelihood or who have been or likely to be alienated wholly or substantially from their main sources of trade, business, occupation or vocation consequent to the acquisition of land for the project or involuntary displacement due to any other cause; a list of non-agricultural labourers, including artisans; • A list of affected landless families, including those, without homestead land and below poverty line families; • A list of vulnerable affected persons, • A list of public utilities and government buildings which are affected or likely to be affected; • Details of public and community properties, assets and infrastructure; • A list of benefits and packages which are to be provided to the affected families;

R & R POLICY • Details of the extent of land available in the resettlement area for resettling and for allotment of land to the affected families; • Details of the amenities and infrastructural facilities which are to be provided for resettlement; • The time schedule for shifting and resettling the displaced persons in the resettlement area or areas; and • Such other particulars as the Administrator for Rehabilitation and Resettlement may consider necessary.

THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL, 2011 (DRAFT)

THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL, 2011 (DRAFT) • R&R Bill,2011- Introduced in the Lok Sabha on 7.09.2011 • Land Acquisition refers to the forcible acquisition of land from an unwilling seller and is distinct from a land purchase from a willing seller. • Not applicable to 16 existing legislations like Atomic Energy Act, NH Act, SEZ Act, Railway Act, Land Acquisition (Mines) Act etc.

THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL, 2011 (DRAFT) • Applicable in cases when the appropriate government acquires land (a) for its own use and control (b) to transfer it to private companies for public purpose, and (c) On request of private companies for immediate use for public purpose. • R&R needed by Private Companies when purchase or acquire land, through private negotiations, equal to or more than 100 acres in rural areas and 50 acres in urban areas. • Applicability of R&R even part of area acquired by Govt. along with the land purchased previously through private negotiation.

THE LAND ACQUISITION, REHABILITATION AND RESETTLEMENT BILL, 2011 (DRAFT) • The term ‘public purpose’ in the Bill includes provision of land for, • Strategic defense purposes and national security, • Roads, railways, highways, and ports, built by government and public sector enterprises • Project affected people • Planned development or improvement of villages, and • Residential purposes for the poor and landless. Public purpose includes other government projects which benefit the public as well as provision of public goods and services by private companies or public private partnerships; these require the consent of 80 percent of project affected people. Affected families include those whose livelihood may be affected due to the acquisition and includes landless laborers and artisans.

UTTAR PRADESH POWER CONCLAVE, 2011