Land acquisition INDIA - Rehabilitation and resettlement Act

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Transparent process of Land Acquisitions Just & Fair Compensation

Objectives

Informed Consultation & Participative approach















Chapter Scheme of New Act Chapter No.

Contents of Chapter

Sections/ Provisions

Preliminary

1 to 3

II

Determina Determination tion of Social Impact Impact and Public Purpose Purpose

4 to 9

III

Special Provision Provision to Safeguard Safeguard Food Security

IV

Notification and Acquisition

11 to 30

V

Rehabilitation and Settlement Settlement Award

31 to 42

VI

Procedure & Manner of Rehabilitation and Resettlement

43 to 47

VII

National Monitoring Committee for Rehabilitation and

48 to 50

I

10















Chapter Scheme of of New Act Chapter No.

Contents of Chapter

Sections/ Provisions

Preliminary

81 to 83 83

XII

Offences Offences and Penaltie Penaltiess

84 to 90 90

XIII

Miscellaneous

91 to 114

XI

Schedules First

Compensation for Land Owners

Second

Element of Rehabilitation and Resettlement Entitlemen ments for all the aff affecte cted familie lies (Bot Both land and As per Section 31(1),

As per Sec-30(2)















Eco System Land Eco System Sys tem of of RTI inAcquisition Maharashtra E X P E R T G

Appropriate Government Commissioner for Rehabilitation & Resettlement

Collector Officer Designated by

G R A M S A















Institutional Structure Central Govt. Level National Monitoring Committee

Oversight at Central Level for all projects

State Govt. Level State LA & RR Authority

Dispute Resolution for State Projects

Committee constituted by

Whether projects are

















Institutional Structure Project Level District Collector C ollector through officer designated

Overall coordination and implementation

















Important Concepts JUST & FAIR C O

C O N

















Public Purpose JUST & FAIR C O

C O N

















Comparative Provisions Provisions of old Act and new Act . Sr. Sr. No. 1

2 3

Process Preliminary notification 5 A Hearing Declaration of Resettlement Area &

Old Ac Old Actt Section

New Act Section

4

11

5A

15

6

19

















Comparative Provisions Provisions of old Act and new Act . Sr. Sr. No.

Process

Old Ac Old Actt Section

New Act Section

10

Matters to be ignored

24

28

11

Interest on excess compensation

28

72



















Paradigm shifts from the Land Acquisition Act, 1894 to the LARR Act, 2013












































































Maharashtra Policy on Land Acquisition Act, 1894 to the LARR Act, 2013









































































































































































































Notification Stage Sr. Sr. No. 1

2

Process

Time Frame

Record updation & (Secti ction on 11(5 1(5)) )) corrections (Se

2 Months

Public h heearing / Preparation of R&R schemes /

2 Months















Post Notification Stage Process

Sr.No. 1

2

Declaration of “Resettlement Area” ( Se Secc 19(2) 19(2) -3r d p prr ovi so & 19( 7) ) by Seccr etar y or offi Se officcer aut autho horr i zed. Land Acquisition Award u/s 23,

25 2 5 & 30

Time Frame 12 Months from Sec-11 Sec-1 1 notif notificati ication on

12 Months from Sec-19 Sec -19 dec declar larati ation on

2

Payment of compensation

3 Months

3

R & R award u/s 31

6 Months















Post Award Award Stage Sr. Sr. No.

Process

Time Frame

1

Reference Reference to be made by by aggrieved aggrieved being a person who represented before Collector Co llector..

Within 6 weeks of Award

2

In other other cases cases Refer Reference ence to be made made by aggrieved being a person.

Within 6 weeks of receipt Within receipt of notice notice u/s 21 or within 6 months of Award

3

Sending Re Reference tto o Authority

30 days of receipt















Compensation for Land •

•

Market Value of Land [ MV] as determined under Sec 26-28 Value of Assets [VA] attached to the property being acquired such as trees, plants, wells and the like (Sec 29)

•

Final Award= MV * Factor + VA + Solatium

•

where, Solatium = MV* Factor + VA [ Sec 30]















Awards Award for Land Lan d Acquis Acquisition ition Award made in respect of every affected family whose land is being acquired (this will include landless tenants as well) and containing details of LA compensation as listed in the First Schedule; ( Sec-23 r/w 30(2) Award for R&R Award made in respect of every affected family,

















Urgency Clause (SEC-40) •

•

The Urgency Clause can only be invoked in the following cases: National defen encce and secu currity purposes

















R&R Applicability in certain c ertain persons other oth er than than speci specifie fied d persons persons-- (se (secc 46) •

Any person other than specified person is purchasing land through private negotiation has to file an application before the Collector, if i hi f i h

































S.I.A.(mandatory in all cases except acq. by urgency clause.) (u/sec.4) • •

AGE GENC NCYY------- Stat State e SIA SIA unit unit.. SIA Notification within 30 days after depositing processing fee.

















R&R Applicability in certain c ertain persons other oth er than than speci specifie fied d persons persons-- (se (secc 46) •

•

Any purchase of land by a person other than specified person without complying with the provision of R&R Scheme shall be void ab initio. Collector shall pass individual award covering R&R



















Infrastructural Amenities under R&R (3 rd Schedule)



















Sec-24 -Retrospective Effect Clause



















Sec-24 -Retrospective Effect Clause



















Reference provisions



















Reference Refer ence pr provisi ovisions ons (sec- 64,65, 64,65,72, 72, 73 73 & 76



























































































Land acquisition INDIA - Rehabilitation and resettlement Act

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