Day-3, Mr. Rajiv Yadav


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Day-3, Mr. Rajiv Yadav

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Day-3, Mr. Rajiv Yadav

  1. 1. Proposed Measures to Eliminate Delays REVIEW OF LAND ACQUISITION STATUS
  2. 2. The National Highways Act 1956 U/s 3(a) – Appointment of Competent Authority. U/s 3(A) – Declaration of Intention to Acquire Land Essentials U/s 3(C) – Hearing of Objections U/s 3(D) – Declaration of Land Acquisition U/s 3(E) – Power to take possession U/s 3(G) – Determination of compensation -
  3. 3. The Process of LA Under NH Act Identifying LA Requirement by Feasibility Study Notification for Appointment of CALA Proposal for 3A Notification by CALA with Details of Land intended for Acquisition 3A Notification Invitation of Objection by CALA giving 21 days time. Disposing the Objections Received. Proposal for 3D Notification by CALA with Details of land to be Acquired 3D Notification Determination of Compensation by CALA and Publication of 3G Award Examination of 3G Award by RO and release of fund Upto 25 Crores by RO >25 Crores by NHAI HQ Payment of Compensation to Land Owners by CALA and 60 days Notice for eviction Arbitration Process in case of Compensation amount fixed by CALA not Acceptable Physical Possession of Land to NHAI
  4. 4. Reasons for Delay in Projects Under Monitoring
  5. 5. Projects Under Work Plan 2011-12 (Total 60 Projects)
  6. 6. Projects requiring close monitoring under Works Plan 2011-12
  7. 7. Broad Reasons For Delay-State wise •J&K, Punjab, UP & Haryana •Karnataka & UP • Assam, UP, West Bengal, Tamil Nadu, Maharashtra & Orissa • Kerala, Goa , Himachal & Partly AP Alignment Issues & Resistance by Public Slow Progress in LA High Rate of Compensation High Number of Arbitration Cases Delay in Appointment of CALA
  8. 8. Broad Reasons For Delay-State wise • West Bengal & Jharkhand • Bihar & UP •Tamil Nadu, MP, UP & Rajashthan • MP, Assam, Uttarakhand UP, Orrisa, J harkhand & Goa Forest Related Issues High Quantum of Land Acquisition Poor Land Records Delay in Eviction of Encroachm ent Defence Land M.P.
  9. 9. LA: Issues • Policy Issues No time limit for award of compensation No provision for de-notification of excess land No provision of time limit for filing the cases for arbitration Methodology of Market value not provided
  10. 10. Issues….. • Institutional/Implementation Issue Poor Quality of manpower with DPR consultants at field level Shortage of manpower with CALA Delays due to changes in alignments • Alignments of highways frequently altered. • Preparation of faulty draft notification by DPR consultants mismatching with the alignment-missing plots etc. Time lost in arbitration
  11. 11. Issues…….  Inherent delays in legal formalities Competent Authority assigns low priority to land acquisition for NHAI Payments which are not due under NH Act are included in the estimates Erroneous/outdated revenue records leading to issue of incomplete/faulty notifications
  12. 12. LINKING LAND ACQUISITION WITH PROJECT ACTIVITIES Project Activities Time Period Land Activities Award of Feasibility Studies 0 month Establishment of PIU with manpower resources Completion of Feasibility Studies 4-6 Months Appointment of Competent Authority Invitation of RFQ 3 Months Notification under 3A Invitation of RFP 3 Months Notification under 3D Issue of LOA 2 Months Compensation Award Declaration Signing of Concession Agreement 1-1/2 Months Disbursement of Compensation Financial Close 6 Months Land in Possession
  13. 13. LA Status of Ongoing Projects (Started Before Jan 2009) All figures are in Hectare
  14. 14. Critical Projects Started Before Jan 2009 18 Projects
  15. 15. LA Status of Ongoing Projects (LOA Issued between Jan 2009-March 2011) All figures are in Hectare
  16. 16. Measures Adopted for LA •Setting up of Special Land Acquisition Units (SLAUs) •Strengthening the Manpower/physical resources with field units/State authorities •De-centralization of powers: • Sanction of Compensation award up to 25 Crores by RO •Setting up of Regional Offices
  17. 17. Measures to speed up LA Regular Meetings of High Powered Committee under Chief Secretary preferably -once in two months Formal public consultations by DPR Consultant at the time of project preparation-To minimize mid course change in scope Monthly meetings of ROs and PDs with the District Authorities and Nodal Officers of the State Government Member(A) to hold meeting with nodal officers of 2 states every month. CGM(LA) to cover 2 other states every month. State Support Agreement with the remaining State Govts to provide support to concessionaire/contractors. (Gujarat, Bihar, Kerala & UP)
  18. 18. Proposed Measures • Amendment of NH Act in the emerging scenario by: Provision of solatium and interest at par with LA Act Prescribing time limit for awarding the compensation Provision of withdrawal for the land which has been acquired in excess Prescribing time limit for filing the arbitration cases
  19. 19. Proposed Measures: Forest/Environment clearance • De-Linking Forest Clearance from Environment Clearance • Requirement of consent of Gram Sabhas of under Forest Rights Act for Forest Clearance needs review for non tribal areas • Laying Standard Conditions for clearance for all Highway Projects • Resurfacing, Strengthening and Widening be allowed on the existing roads where no Wild Life diversion is involved.
  20. 20. Recent Achievements in Land-Acquisition 2007-08 2008-09 2009-10 2010-11 2011-12 Upto Jul 2011 3A 6000 6000 23359 8533 4450 3D 4000 4000 6190 14100 5155 Possession 3684 3120 6244 8577 3731 All figures are in Hectare
  21. 21. Likely Scenario in Land Acquisition •Increase in Compensation rates: LA component of Project may rise from 12 % to 30% of the Total Project Cost •Element of Annuity to the land owners may be introduced •Ban on acquisition of irrigated land may be imposed •To impact financing plan of NHAI •Rising expectations of Farmers may delay LA activities
  22. 22. Thank You