Land acquisition Rehabilitation and Resettlement policy in Kerala


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Land acquisition-Rehabilitation and resettlement policy in kerala.Ppt uploaded by T.J Joseph,Deputy Tahsildar,Kottayam

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Land acquisition Rehabilitation and Resettlement policy in Kerala

  1. 1. KERALA LAND ACQUISITION PROCEDURES.LA Act 1894as amended by LA Act
  3. 3. It is a bitter pill we have to swallow
  4. 4. Conditions for Land Acquisition1.Existense of a public Purpose.2.Acquisition should be as per rules and procedures.3.Reasonable compensation.4. Civil court has right to determine the compensation.
  5. 5. 44 th amendmentArt. 31 Vs Art. 300AThe right reserve the property as a fundamental right is reduced by that of legal right………
  6. 6. 44 th amendmentArt. 31 Vs Art. 300AThe right reserve the property as a fundamental right is reduced by that of legal right………
  7. 7. 44 th amendment
  8. 8. Land
  9. 9. Land1. land………2. Benefits to arise out of land…3. Things attached to land…….
  10. 10. Public Purpose- Art. 258There is only a vague idea…………….
  11. 11. Concern of the land owner..1. How much of my land is acquired……..?2. When the land is acquired……….?3. Is there any reasonable compensation……….?4. When will I get the compensation…………?5. How will I get the compensation……….?
  12. 12. Joint site inspection..A fire test..? 1.Leadership skills….delegation of work.2.Communication skills….3. Team work…..
  13. 13. Modern Scientific Management of LAOptimum utilisation of RESOURCES. Efficiency and Effectiveness. TQMManagement Excellence.Man (80/20) Quality.Money Time(Fast Track&PERT)Material Information.Machinery.Methods.
  14. 14. Optimum utilisation of RESOURCES. Obstacles1. Protests2.Court Cases.3.Alignment4.Delay in procedures.5.Fund6.Poor monitoring.
  15. 15. Features of Rehabilitation and Resettlement Policy.All LA Procedures after 13-11-2011 should according to R& R package.A fast track Mechanism for LA .If the Land owner do not agree the package normal LA procedure will follow………..
  16. 16. Rehabilitation and Resettlement Policy.1. Just and Reasonable compensation to PAP.2.The socio economic status of PAP should not fall below what it was before the acquisition.3. People”s participation should be ensured.4.Minimum disturbance to the PAP-negative effects to be minimised.5.Disbursement of compensation before taking possession.
  17. 17. Principles of Rehabilitation and Resettlement Policy.1. Clearly defined public purpose.2. There should be a project proposal. LA will commence only after the approval of the project by the High level committee.3. The requisition authority should conduct Social Impact Assessment.4. The DLPC will decide classification and value of lands. Later it will be approved by SLEC.
  18. 18. Principles of Rehabilitation and Resettlement Policy.1. Clearly defined public purpose.2. There should be a project proposal. LA will commence only after the approval of the project by the High level committee.3. The requisition authority should conduct Social Impact Assessment.4. The DLPC will decide classification and value of lands. Later it will be approved by SLEC.
  19. 19. Principles of Rehabilitation and Resettlement Policy.5. Urgency clause should be invoked in the rarest of rare cases.6. If the acquired land is not utilised within 3 years,RD will take over the land and assign it for other public purpose.7. 4(1) notification is only after the deposit of 25% of the deposit of cost.8. Compensation= Negotiated price + value of building without depreciation.9. Max. 3 cents land to the families if the salary income is less than 75000.10.One member of the oustee family will be considered for emloyment.
  20. 20. Principles of Rehabilitation and Resettlement Policy.11. Minimum 6 month house rent( Rs 5000 to the PAF if they have no other houses.) form the date of taken over or till the compensation is paid whichever is later. Shifting allowance Rs 25000. The residential tenants are also eligible.12.Tenants ( 3 year old occupation) will be paid one time allowance.13 .Small scale Commercial tenants are also eligible for assistance up to Rs.2,00,000. Rs 6000 to two employees with 3 yr experience for 6 months.
  21. 21. Principles of Rehabilitation and Resettlement Policy.11. Benefit to encroachers ( 3yr)- Rs. 6000 for 6 months. Min 25000 for cost of structures.
  22. 22. Exemptions from Rehabilitation and Resettlement Policy.1. Land owners do not agree R& R.2.Dispute over title over the land.3.De nova within 6 months.4.Case with court direction to pass award.5.Projects in which award has been passed pased partly.
  23. 23. LAND ACQUISITION CHART Survey 6(1) Jt.Verif. Notification Declaration. 4(1) Valuation DLPC SLEC Agreement Award Compen Taking sation possession
  24. 24. Pre award stage.1. Joint site Inspection stage.2. 6(1) and 4(1) stages.3. Award enquiry-5(A)4. The Draft Declaration.5. The Basis Valuation Record.6. The Detailed valuation statement7. Award.
  26. 26. Role of requisitioning departmentRD is doing the work as agents of requisitioning Authority…..But the role of RA is as much or more than that of RD…..
  27. 27. Requisition1. 4 copies of the requisition2. Alignment sketch.3. Government order.4. Reason for urgency.5. Detailed project Report.(DPR)
  28. 28. Form---- 1Rule… 3(1)Appointment of LAO to be published in the Gazette.
  29. 29. Requisition1. The requisition shall be in form No-2along with the certificate.2. Alignment sketch.3.Administrative sanction.4.Government order./A.S5.Reason for urgency/reso;ution
  30. 30. Form---- 2Rule… 4(1) LA Requisition from various departments.
  31. 31. Certificate1. DemarcationThat the site was peg marked on the ground and the demarcation approved by a responsible officer.
  32. 32. Certificate1. PlanThe accurate measurements are furnished in the plan attached.
  33. 33. Certificate1. ObjectionThat the objection of the land owners have been considered and that the selection of another suitable site less open to objection is impossible.
  34. 34. Certificate1. SanctionSanction of the competentent authority exists.
  35. 35. Certificate1. FundsThere is provision of funds.
  36. 36. Certificate1. compensationAgreed to pay compensation.
  37. 37. Before sending theRequisition the Req. Authority ensure----- The LA is for a DECLARED DEFINED ESTABLISHED Public Purpose.
  38. 38. Before sending theRequisition the Req. Authority ensure----- The Project should have Administrative Sanction… There should be a detailed project report from a competent authority…… There should be statutory clearances from act/rules.
  39. 39. Before sending theRequisition the Req. Authority ensure----- The Extend of Land Should be justified.……
  40. 40. Before the appointment of LAOThe District collector Decides land acquisition only if there is no suitable Land in the Land Bank……….
  41. 41. Project Evaluation Review Technique PERT
  43. 43. Joint site inspection..A fire test..? Optimum 1.Leadership skills….delegation of work. utilisation of2.Communication skills….RESOURCES.3. Team work…..
  44. 44. Joint site inspection..A fire test..? 1.Leadership skills….delegation of work.2.Communication skills….3. Team work…..
  45. 45. PERT CHART
  46. 46. First 30 days.
  47. 47. 6(1) S&B Act Section----Publication of 6(1) notification in the gazette is for conducting survey of the land .
  48. 48. Joint site inspection..
  49. 49. JOINT SITE INSPECTIONFarther than the Eye Can See
  50. 50. Joint site inspection..A fire test..? 1.Leadership skills….delegation of work.2.Communication skills….3. Team work…..
  51. 51. TEAMCollector….Deputy Collector….Tahsidar…staff…. surveyors…..Requisitioning authority……..Representatives of the people…………TogetherEveryoneAchievesMore.
  52. 52. Joint site inspection..– Check the suitability of land.– Identify the objectionable elements– Accuracy of sy. numbers/alignment.– Identify the assessed lands/– Collect the details of land owners. Estimate approx cost…..– Ascertain the number of houses/ buildings.-- Identiy the category/zone/social impact.– Rectify requisition. video
  53. 53. Concern of the Land owner..
  54. 54. Remember..?– DOM is a good servant ….. but a bad master.
  55. 55. Inter personal relationship.– No staff….?- No vehicle….?- No computers….?- No stationery…..?- No refreshments…?
  56. 56. MAKE THINGS HAPPEN. Mobile phone is the STAR.Computer with internet …Printer…Fax.
  57. 57. Venue for problem solving.1.Joint site inspection.2. SMART Conferences.
  58. 58. SMART CONFERENCES.Specific.Measurable.Achievable.Realistic.Time bounded.
  59. 59. Send LA proposal/Checklist.LAO--DC--Admin. Dept…RD..HLC The land should be suitable from the security point of view as well as the topographical situation of the land…… If it is a residential area the number of families to be evicted and those who are to be rehabilitated to be assessed. If the it is an agricultural land the No of labours loosing job may be considered.
  60. 60. Proposal.In the case of agricultural land,the no of families affecting their livelihood may be considered.Availability of water,electricity,transport and telecommunication facilities to the land are also important.The impact on the environment and ecological conditions are also to be taken into account.
  61. 61. Proposal.Whether there is alternate Govt land…….Whether there is alternate land with least number of inhabitants.Whether there is least hard ship for the public….
  62. 62. Proposal.Check the need of urgency…….urgency clause can be invoked in the rarest of rare cases………………The right of the land owner to raise objection shall not be denied except in most deserving cases.
  63. 63. Check List.RA….purpose of LA….GO (AS) No. and date….Is there any appd. DPR ………..Alignment….pegmarked demarcation sketch……..Land extent…type……….SIS….. Funds……objectionable elements………..rehabilitation details……
  64. 64. Send LA proposal/Checklist.LAO-----DC--Admin Dept... Rev, Dept.----HLCHLC……Government Order (RD)…..File Returns to Adm Dept. with GO………DC/LAO receives GO…..LAO issues 4(1) if the specified % of fund is deposited by Req Dept.
  65. 65. HLC……4 the people.1. Chief secretary. Chairman2. Revenue secretary.3. Secretary admin dept.4. Officer nominated by chairman.
  66. 66. HLC……Points to be considered.1. Assess the project.2. Urgency requirement.3. Previous history of acquisition.4. Approval of alignment.5. Adequacy of funds.25% or 80%.
  67. 67. After Joint site inspection..– Rectify the requisition.– Request fund.– Send 6(1) notification to the Supdt.Govt press.– Send LA proposal and Obtain Govt. Order .– 4(1) notification cannot be issued without GO from RD and 25% of fund.
  68. 68. PERT CHART– Time Management is life management.
  69. 69. 30 days– Joint site inspection completed.– LA Proposal prepared.– Started to collect Basic Records. (BTR, TPR, Sketch)- 6(1) notice sent for publication.
  70. 70. 60 -90 days– GO from RD received.– Funds received.- 6(1) Published and survey started.-Basic Land records collected. 4(1) notice prepared.
  71. 71. Survey
  72. 72. Conducting survey1. There should be advanced tour programme for surveyors.2. Assign specific target for surveyors.3. Review the work diary of surveyors and send it to DD Survey.4. Send the sub division records for approval.
  73. 73. Sanctioning Urgency– The land can be acquired by denying the right of the land owner to file protest.– But It has been directed by Govt that urency clause can be invoked in the rarest of rare cases.
  74. 74. Sanctioning Urgency– State govt purpose- LAC– Central Government purpose- concerned state govt. dept.Request should consist of--– Report of the LAO.– Requisition – attested copy– Alignment Sketch- BTR/TPR copies.– Letter from RA for Urgency.– Government order.
  75. 75. 90-120 days– Survey works nearing completion.- Basic records Collected.. - Collection of Documents from SRO Started.– List of structures sent for valuation.– 4(1) notice published.– Started preparation of mahazar.
  76. 76. 4(1) Notification.
  77. 77. Form---- 3aRule… 5(1) Preliminary notification – Normal case- State Government purpose.
  78. 78. Form---- 3bRule… 5(2) Preliminary notification – Normal case- Central Government purpose.
  79. 79. Form---- 3cRule… 6(2) Preliminary notification – Urgency clause- State Government purpose.
  80. 80. Form----Rule… 6(2) 3d Preliminary notification – Urgency clause- Central Government purpose.
  81. 81. 4(1) Notification1.The public announcement that Land acquisition works started..2.The land is needed or likely to be needed by Government for a public purpose.3. Nobody should deal with the land notified.4. Enables the land owner to file objection.5.Intention to enter the land
  82. 82. 4(1) NotificationFor a state Govt purpose , the notification can directly send to Govt press, Tvm. for publication.But for Central Govt. purpose the notification should sent through concerned state Govt. Department for publication.
  83. 83. 4(1) NotificationIn the notification, ensure that the land to be acquired is not wrongly described ,Govt land are not included and there is no omissions.But the area may be an approximate one.
  84. 84. 4(1) Notification- Modes of publication1.In the Gazette.2.In 2 local news papers.3.In the locality.(V.O/LSG)The last date of such publication shall be the date of 4(1)If the last date of publication is missed the last date would never exist.
  86. 86. DENOVA..LA steps will fall denova if,1.DD is not passed within one year after publication of 4(1) notification….2.Award is not passed within two years after publication of DD
  87. 87. Govt. Land should not be included in 4(1) Notification-If included by mistake, it shall be cancelled by publishing a notice in form 18………………………
  88. 88. 120 days1.Survey works are going on..2.4(1) notification Published.3. preparation of Mahazar.4. Valuation-collection of documents for valuation&BVR .5. Issue Notices for 5A Enquiry.
  89. 89. Form---- 4aRule… 7(1) Notice to land owner to furnish complaints if any, against the acquisition.(within 3o days of the publication of 4(1) ) Ordinary case- 5A enquiry.
  90. 90. Service of Notices.1.The person.2Adult male member of the family.3.By affixure.4.Registerd Post.
  91. 91. Form---- 4bRule… 7(2) Urgency clause.,,,,,,,,,,,,,, Public Notice after 4(1) (to be published in VO. Taluk Office and LAO )
  92. 92. Form---- 4cRule… 8(1) Notice for 5 A enquiry.,,,,,,,,,,,,,, to land owner who has filed objection (. )
  93. 93. Calling objection.In normal cases , immediately after 4(1) issue notices to land owners to file objections for conducting 5A enquiry.The objections must be filed within 30 days from the date of 4(1).
  94. 94. Remember.There is no 5A enquiry if the land is acquired under urgency clause.
  95. 95. 5 A Enquiry1.Public purpose.2.Suitability.3.Excess area.4.Surplus land.5.Objectionable element. Representative of the Requisitioning authority must be present.
  96. 96. 150-180 days1. Survey/SD records approved dd PUBLISHED2. DD Published,3. BVR prepared
  97. 97. BVR- Comparable sale method.1.Value of the land in the open market at the time of 4(1).2.Price paid for the same land.3.Price paid for similar and similarly situated land.4.Price paid for adjacent land having same advantage.
  98. 98. The DD for approval1.DD2.Requisition.3.BTR/T.P Account.4.Survey sketch.5.Reconcilation statement.6.Objection Petition in original.7. 5A enquiry report.8.Confidencial report on objectionable element.
  99. 99. Form---- 5aRule… 8(5) Ordinary clause-Draft Declaration….. Central Government Purpose……. (. To…LRC)
  100. 100. Form----Rule… 8(5) 5b Urgency clause- Draft Declaration….. Central Government Purpose……. (. To….Government Secretary )
  101. 101. Form---- 5cRule… 8(5) Ordinary case- Draft Declaration….. State Government Purpose……. (To….Commissioner Land Revenue.)
  102. 102. Form---- 5dRule… 8(5) Urgency clause.. Draft Declaration….. State Government Purpose……. (To….Government secretary.)
  103. 103. Form---- 6Rule… 9(3)Notice of withdrawal if the land acquisition steps are dropped.
  104. 104. Form---- 7Rule… 9(3)Agreement in stamp paper with the requisitioning authority and district Collector. (For non Govt. Purpose.) No DD without form -7 agreement.
  105. 105. Publication of DD1.2.
  106. 106. 210 days1. Valuation completed2. DLPC Convened and DLPC recommendations sent to Admn Dept and Revenue Dept.
  107. 107. DLPC1. District Collecor- Chairman.2. Deputy Collecor LA- Convener.3. RDO.4. Finance Officer.5. Officer representing RA. Not below the Rank of a Dist. Officer.
  108. 108. DLPC1. The R & R package will be applicable only to the land owners who agreed the settlement. In other cases normal LA steps will follow.
  109. 109. DLPC1. Categorisation of land.2. Fix the land value , (BVR value+30% solatium+Interest) increase up to 99% through negotiation.
  110. 110. DLPC1. The District collector should send the DLPC recommendation to 1. The Administrative Dept. 2.The Revenue department.Within 90 days of the issue of the 4(1) notification.The AD will send te report to RD with their recommendation and RD will place the
  111. 111. SLEC1.Chief secretary.2.Revenue Secretary.3. Admin Dept. secretary.4. Finance secretary.5.Law secretary.
  112. 112. SLEC1. Final Approval of the land value.2. Need of urgency.3. Finalise categorisation.4. Fixing approximate total compensation to be released to LAO.5. After the submission of the proposal by DC, SLEC will finalise it within 30 days.
  113. 113. SLEC Letter1. Seretary Rev B Dept, thrvm.2. As per GO LA was ordered under fast track.3. Details o 4(1)-Gazette/news paper/locality.4. Details o DD Details o 4(1)- Gazette/news paper/locality.5. BVR details.Valuation/categories.6. How many Land owners agreed/DLPC Details
  114. 114. SLEC Letter Enclosure.1. 4(1)2. BVR.3. Draft Declaration.4. DLPC minutes.5. Land Value comparative statement BVR-DLPC.6. Annexure-1-Deliberation of SLPC for fixing land value.7. Annexure-2-Abstract of category wise comparison list.8. Annexure-3-category wise Beneficiary wise comparison note..
  115. 115. Category wise Comparison.Category. /Description BVR land value . DLPC Land Value. Per Are/Per cent Per Are/Per cent.ABCD
  116. 116. Abstract of Category wise Comparison.Category. /Description Village . Extent. Total DLPC District A/ Cents title Rate. holders.ABCDTOTAL
  117. 117. Annexure -3 Format for reporting.1 GO Date.2.4(!) details,3.6(1) Details.4. Approval of Survey- Details.5.DLPC Date.6.DLPC Members.7Whether DGP verified the documents,8.R.A9 Agency Providing funds.10. Whether Fund available.
  118. 118. Category wise Beneficiary wise note. A CategorySl Name Extent Rate Land 30% 12% Total Rep totNo. Value cost
  119. 119. Fair value No Sy/ sudvn category Fairvalue
  120. 120. % of increse in land valueCat. Are LV- 30% 12% tot 10-20-30----------99% holders. Ext. C
  121. 121. New Performa.GO Ms-182/ 12 dt 03/05/12.Annexure I for HPC--- Check listAnnexure II for DLPC Check listAnnexure III for SLECAnnexure III A – to be furnished by RD- Availability of funds.
  122. 122. 240 days -Award.1.After obtaining approved land value by SLEC, the LAO will obtain affidavit from the land owners in form No. 10(a) that they are satisfied with the compensation fixed and will not arise any further claims.Award is passed u/s 11(2) instead of executing the deed.
  123. 123. Advance possessionCollector issues s.9 notice and take possession on expiration of 15 days of the date of notice.In taking possession of a building the occupier shall be given 48 hours notice to remove the movable properties.At the time of taking possesssion collector may tender 80% of the estimated compensation to the land owner.
  124. 124. BVR- Basis land .Rule 10 (2)1.Genuine transaction.2.After 4(1).3.Similar.4.Comparable size.5.Similar advantage.Building and structures above Rs.5000 should be got valued by competent engineers,
  125. 125. Form---- 8Rule… 10(2) Detailed Valuation Statement. .
  126. 126. Form---- 9aRule… 11(1) Award Enquiry Notice (to be published in the site.) .
  127. 127. Form---- 9bRule… 11(2) Award Enquiry Notice (to the land owner.) .
  128. 128. Award enquiry.To receive objection.1.Measurement of land.2.Value of the land.3.Ownership of the land.3 identification of the parties.
  129. 129. Award enquiry.Documents to be produced.1.Sale deed.2.Non Encumbrance certificate.3.Possession certificate.4.Basic Tax Receipt.5.Other relevant records.6.Identification.Issue a Sample form for RA
  130. 130. Award enquiry.The claim shall contain.1.Sale deed.2.Details of mortgage or charge on the land.3.Rent or profit received for the past 3 years.4.Whether the area is acceptable.
  131. 131. Award in form -101.True area.2.Market value.3.Additional market value @ 12% p.a4.Solatium 30%5.Interest in the case of advance possession.
  132. 132. Prior approval of award (Proviso to Sec 11(1) Rule 12)(i) below Rupees 1 Crore DC Rule 12(1)(a)(ii) between 1 and 2 Crores CLR Rule (1)(b)(iii) above 2 Crores Govt Rule 12(1)(c)Passing of Award Sec.11 Rule 12(1)
  133. 133. Passing of AWARDAward to be passed within two years from thedate of publication of DeclarationAward not to be passed unless LAO hassufficient fund at his disposal
  134. 134. 270 days.– Award enquiry conducted.– Award passed. Issue notices for Taking possession of the land.
  135. 135. Form---- 10Rule… 12(1) Award .
  136. 136. Form---- 10aRule… 12(5)Agreement between land owner and requisitioning authority in the case of negotiated purchase. .
  137. 137. Form---- 10bRule… 13(1) Notice of award to land owner to receive the award amount from LAO. .
  138. 138. Form---- 11Rule… 13(2)Notice of award informing the land owner that the award amount is kept ar RD in the treasury. .
  139. 139. Form---- 12Rule… 15(3)Notice of award informing the land owner that the award amount is kept ar RD in the treasury. .
  140. 140. Form---- 13Rule… 15(3)Notice to the requisitioning authority regarding taken possession of land. .
  141. 141. Form----Rule… 15(6) 14Form of Intimation to sub registrar to maintain land records. .
  142. 142. 420 days– Award passed.– Notices for taking possession issued Land Handed over. Compensation given. LAR filed.
  143. 143. Form---- 15Rule… 16 Form of reference to sub court…. Reference Application.
  144. 144. Form---- 16Rule… 16 Schedule of information to court. .
  145. 145. Award cannot be modified.After passing the award the LAO is not competent to amend the award or pass supplementary award.But he can correct any clerical or arithmetical errors or other mistakes or omissions apparent from the face of the records.The correction should be within 6 months and before making a reference under section 18.
  146. 146. The nature of the Collector’s award. The award is in the nature of an offer to the claimants and it becomes binding on them only when it is accepted by them. (AIR 1961 SC 1500; AIR 2003 SC 942)
  147. 147. Taking advance possession in the case of urgency on the expiration of 15 days from the date of publication of Section 9 notification(Draft Declaration) the Government may take possession (Se. 17). In such cases award will be passed later. Even on taking advance possession the property will vest in the Government. (AIR 2002 SC 2532).
  148. 148. Vesting free of encumbrance: On taking possession, the property vests in the Government free of all encumbrances (2001 (8) SCC 143; AIR 2002 SC 2532). Easement is an encumbrance (See AIR 1955 SC 298; AIR 2001 SC 5431). But easement of necessity is not extinguished by acquisition (2005(2) SCC 164).
  149. 149. Payment of amount awarded by Collector The Collector shall pay compensation within one month from the date of the award (rule 14) or deposit it in court if the persons to whom compensation is tendered by the Collector do not consent, receive it or if there is no person competent to alienate the land or if there is dispute as to the apportionment of it, the Collector shall deposit the amount in court. (Section 31).
  150. 150. Receiving under protest A person who is aggrieved by the Award as to the extent of the property, apportionment, persons entitled to the amount or amount of compensation may receive the compensation under protest (Section 31(2) proviso). This protest is necessary for him to make reference application under Section 18 proviso (2).
  151. 151. Reference applications Reference is made under Sections 18, 28A, 30 and 49(1) No court fee is payable on reference applications (1996(1) SCC 289, 2005 (4) KLT 520).
  152. 152. Reference application under Section 18 Who can file : 1) He must be an interested person. 2) He must not have accepted the award (i.e, he must have received payment under protest) 3) Objection should be as to the measurement of land, amount of compensation, persons to whom which is payable or the apportionment of compensation 4) A beneficiary or government cannot file application under Section 18.
  153. 153. Protest Protest may be registered in an application for payment of compensation. (1997 (1) KLT 768). The protest should precede receipt of compensation. It may be oral; it may be made in a reference application filed before receipt of the amount. But if there was neither oral protest, nor protest in writing, the mere fact of filing of a reference application on the next day of receipt of compensation does not raise an inference that there was protest. (2001(1) KLT 958 FB.).
  154. 154. Protest If L.A.O. is not satisfied that there was protest he cannot be compelled to make a reference. (2004(3) KLT 348 overruling 2003(1) KLT 863). If a person who receives the amount under protest does not file a reference application no reference can be made. (1998 (2) KLT 898 and 2005 (1) KLT 583).
  155. 155. FORM OF APPLICATION A letter written by the party may be treated as an application (2005(1) KLT 583) no form has been prescribed the Act (See 2006 (3) KLT 186. R. 16 A of Kerala L.A. Rules is ultra vires). For the effect of failure to receive compensation under protest (see -AIR 1992 SC 974). Contents of reference application Reference may be sought for in respect of four matters only. a) Measurement of land b) Amount of compensation c) Person to whom compensation is payable
  156. 156. Application by post Application may be sent by post. But it must reach the L.A.O. before the expiry of the period of limitation. 1989(2) KLT 828; 1982 KLT 466 is not good law.
  157. 157. Application by co-owner A co-owner may file an application on behalf of all the co-owners, in which case all the co- owners are entitled to enhancement (AIR 1991 SC 1966). But if it is not made on behalf of all the co- owners the co-owner who files an application alone will get the benefit ( AIR 1992 SC 974; AIR 1996 SC 1513 & AIR 2003 SC 620).
  158. 158. Joint Application Husband and wife filed joint application. This was held proper (1995(2) SCC 376).
  159. 159. Limitation for filing application (Section 18(2) If the person making the application was present or represented before the Collector at the time the award was made the reference application should be filed within six weeks from the date of the award (1995 (2) JT 572). This includes of person who shall be deemed to be present or represented (AIR 2003 SC 942). Thus, if the claimant is represented by a counsel that is sufficient (AIR 2003 Ker.263). In other cases, the reference application should be filed within six weeks of the receipt of the notice from the Collector or within six months from the date of the Collector’s award, whichever period shall first expire.
  160. 160. Date of award For the purpose of Section 18(2) proviso (b) the date of award is the date on which the award is communicated to the party or the party either actually or constructively knew about the contents of the award (AIR 1961 SC 1500, 2005(1) KLT 79, 2000 (2) KLT 777 & 2005(7) SCC 440). When no communication is made If no notice is issued it is sufficient for a claimant to file an application within six months from the date of his knowledge of the contents of the award. No notice is necessary
  161. 161. Reference application for re-determination of compensation (Section 28A) This provision enables a person to file an application for reference if he did not file an application under Section 18.The following conditions are to be satisfied: a). An award has been passed by the court b) By that award the court has enhanced the compensation awarded by the Collector. c) The applicant is interested in another land covered by the same notification d) The applicant did not make an application under Section 18 e) The applicant is aggrieved by the award of the Collector. f) Application under Section 28A is filed within three months from the date of the award of the court on thebasis of which re-determination is sought.
  162. 162. Reference application for re- determination of compensation (Section 28A) Condition No. (a) An award has been passed by the court: Only on the basis of a reference court award- and not an appellate award - an application under Section 28A is maintainable (AIR 1997 SC 1915) Anyone of successive awards may be the basis for an application under Section 28A. It need not be the first award (AIR 1995 SC 2259).
  163. 163. Reference application for re- determination of compensation (Section 28A) Condition No.(b) The court has enhanced the compensation: Only if the court has enhanced the compensation awarded in the judgment relied on, an application under Section 28A will lie. If in the appeal against that award the appellate court reduces the compensation the claimant under Section 28A will get only the reduced amount (2006(2) KLT 992)
  164. 164. Reference application for re- determination of compensation (Section 28A) Condition No.(c)=Both properties should be covered by the same notification: The property covered by the award relied on by the claimant and the property of the claimant should be covered by the same notification. It is not sufficient that they are covered by the notifications of the same date (1994 Maharashtra LJ 1414; AIR 2003 Ker. 263). Properties should be similar In the case coming under Section 28A also the properties of the claimant and the property covered by the award relied on by him should be similar and similarly situated.(2002 (2) KLT 569).
  165. 165. Reference application for re- determination of compensation (Section 28A) Condition No.(d) The applicant did not make an application: To make an application means to make an effective application. A person whose application under Section 18 has been dismissed or rejected on the ground of delay or other technical grounds is entitled to file an application under Section 28A ( AIR 2002 SC 3240, 2003 (3) KLT 705, 2004(7)SCC 753).
  166. 166. Reference application for re- determination of compensation (Section 28A) Condition No.(e) The applicant is aggrieved by the award of the Collector: A person who had not filed an application under Section 18 is entitled to file an application under Section 28A (AIR 2002 SC 3240, AIR 2004 Ker.1).
  167. 167. Reference application for re- determination of compensation (Section 28A) Condition No.(f) Application should be filed within three months: The limitation starts from the date of the award relied on and not from the date of knowledge of that award (1997 (2) KLT 24 SC, AIR 2003 SC 2949, 2003(3)KLT S.N.182). But the time requisite for obtaining a copy of the award relied on may be excluded.
  168. 168. Reference application for re- determination of compensation Only land value can 28A) (Section be re-determined In an application under Section 28A only value of the land can be re- determined and not of the improvements (2004(2) KLT 716). Market value as on Section 4(1) notification should be determined (2005(1) KLT 687).
  169. 169. Reference application for re- determination of compensation (Section 28A) Award on agreement In the case of an award passed by the Collector on agreement, Section 28A cannot be invoked (2005(2) KLT 39)
  170. 170. Reference application for re- determination of compensation (Section 28A) When appellate court reduces the amount If in an appeal against the award relied on by the claimant under Section 28A the compensation is reduced by the appellate court the claimant under Section 28A will get only the reduced amount (2006(2) KLT 992 SC).
  171. 171. Reference application for re- determination of compensation (Section 28A) When appellate court reduces the amount If in an appeal against the award relied on by the claimant under Section 28A the compensation is reduced by the appellate court the claimant under Section 28A will get only the reduced amount (2006(2) KLT 992 SC).
  172. 172. Mode of payment.Land owner- D fom cheque.Disputed case- Court Deposit.Failed to appear- Revenue Deposit.
  173. 173. Form----Rule… 16 17Form of Schedule of information for reference to court. .
  174. 174. Form---- 18Rule… 17 Cancellation Notice if Puramboke Land is Published in 4(1) notice.
  175. 175. Form---- 19Rule… 18 L A Case- Special Register. .
  176. 176. Form----Rule… 18 20 Award Register. .
  177. 177. Form---- 21Rule… 18 Register of Land Acquisition Suits. .
  178. 178. Form---- 22Rule… 18 Register of Claims made by Land owners. .
  179. 179. Form---- 22AReference application. In triplicate .
  180. 180. Form---- ARule… 12(2) Statement showing the compensation awarded on account of Land acquired..
  181. 181. Form---- BRule… 13(3)Particulars regarding the acceptance by awardees. .
  182. 182. Form---- cRule… 13(3)Particulars regarding the acceptance by awardees. .
  183. 183. Form---- DRule… 14(3) CHEQUE- Form E for Revenue Deposit….. Form F is acknowledgement for the receipt of cheques.
  184. 184. 13 S&B Act Section----Finalization of Survey Records.
  186. 186. Post award action1- LAO fill up all the relevant colums in the LACM and 9(2) notice as per S&B Act is published in the Gazette to receive any objections regarding survey details.2. Send notice in form 14 to the Sub Registrar under registered post.3.Send the Award, LACM, Sketch, sub dvn. statement( All in duplicate) to Tahsildar and he sends one copy to VO to effect changes in Village Records .
  187. 187. Post award action At the Village Office1- V.O makes Changes in FMB, ThandapeRegister, BTR,Puramboke Register,- and Kooduthal Kuravu Register. ( The LAO may send a surveyor from his office to make changes in the FMB)2. If the land is for Govt purpose(PWD) Kooduthal Kuravu statement should be prepared for approval by RDO/Jamabandhi Officer. The entries should be made in the Register as PWD Puramboke.3.If the land is for Self Governed Bodies TR should be conducted and Basic tax should be realised.
  188. 188. Post award action At the Taluk Office1- After getting report from VO tahsildar make changes in the Taluk Land records and he fills up columns 27 to 31 in the LACM and returns to LAO.
  189. 189. Post award action At the LAO Office1. After getting the LACM and after the expiry of 3 months after publication of 9(2) , the LAO publish the final survey notification u/s 13 of the S&B Act. In the Gazette,and Village Office.Get the publication report from VO.1. Send the completed LACM to District colector to decide the LA file as R: Dis.
  190. 190. FAST TRACK PROJECT.Projects.1.Doubling of Railway Lines.2.Four lining of the NH.3.Vallarpadom Container Terminal Road and Rail.4.International airport Thrvm.Kozhkd.5.KSTP.
  191. 191. .Thank You…… T. James Joseph, Adhikarathil, Kottayam,Kerala.