Topics Covered:(I)Land acquisition process for National Highways(II)Land acquisition for container terminal at Cochin port...
Differences between LAA, 1894 & NHA, 1956Land Acquisition Act, 1894                                   National Highway Act...
Reasons for delays Land Projects Delays related to Land Acquisition• Administration- Delay in appointment of competent aut...
Issues in Forest Clearances•   Required only for that stretch passing through the forest•   Preceded by Environmental Clea...
Issues in Environmental Clearance• MoEF adopting procedures notified under EIA Notification,2006• Environmental Clearance ...
Way Forward• Educate public and revenue officers on their duties and responsibilities, add extra  staff to mobilize high v...
ICTT                                   - Strategic location on the main east-west global                                  ...
- Unwillingness of people to give                                                               up their land led to agita...
Lessons learnt• Acquiring a small size of land (4.3 ha) affected as many as 261 families• Forced eviction led govt. to con...
LER&R-Lessons From DIAL• DIAL is a joint venture consortium comprising the GMR Group  (50.1%), AAI (26 %), Fraport AG and ...
 147 cases challenging the land acquisition and the  compensation provided by AAI were pending in the Delhi High  court ...
   Formed a strategic nine member team (land management department)   Team was familiar with the local culture and verna...
 DIAL roped in GMR social Arm (CSR) to  provide basic facilities to the affected  people Provision for R& R package was ...
Thank YouPresented By : Tusar & Sudhanshu (PGPIM-4th Batch AIIM)
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LAND ACQUISITION BY NHAI

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LAND ACQUISITION BY NHAI

  1. 1. Topics Covered:(I)Land acquisition process for National Highways(II)Land acquisition for container terminal at Cochin port(III)Land evacuation, R&R lessons from the DIA (pg160-164)
  2. 2. Differences between LAA, 1894 & NHA, 1956Land Acquisition Act, 1894 National Highway Act, 1956• Covers land acquisition for dams, industries , • Covers land acquisition only for national hospitals, educational institutions, housings, highways. commercial buildings, airports, railways, state highways.• Land acquisition handled by District Collector, • Land acquisition handled by a competent his staff of land record keepers and surveyors. authority appointed by NHA.• Collector must acquire land within 2 yrs, else • No time limit for land acquisition. the proceeding collapses. • No Urgency clause.• Under urgency clause govt can acquire land within 15 days of notification• Solatium amount paid besides compensation. • No such provision.• No ex-gratia grant under R&R Benefits in • An ex-gratia grant of minimum 20000 allowed addition to compensation allowed. besides compensation allowed. Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  3. 3. Reasons for delays Land Projects Delays related to Land Acquisition• Administration- Delay in appointment of competent authority• Weak existing capacity, awareness and knowledge levels amongst planners and executors• Frequent transfers of planners and executors• Inter-departmental works demand time• Valuation process is time consuming• Preparation of poor plans result in resettlement of claims• Duplication of proceduresDelays related to Clearances• Obtaining Forest, environmental and wildlife clearances are highly time consuming Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  4. 4. Issues in Forest Clearances• Required only for that stretch passing through the forest• Preceded by Environmental Clearance• Granted in 2 stages- In-principle approval stage  final stage• Additional and sometimes unreasonable and difficult conditions are imposed by state forest departments besides conditions imposed by MoEF Issues in Wildlife Clearances• Required only for that stretch which disrupts the wildlife• Preceded by Environmental Clearance• Involves many stages and many departments like CEC, SC, NBW, SWAB etc• Takes almost 2-3 years in getting final approvals• Two stage clearance for surveying the area and final clearance create uncertainty• Environmental and other clearances need to be taken up at DPR preparation stage Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  5. 5. Issues in Environmental Clearance• MoEF adopting procedures notified under EIA Notification,2006• Environmental Clearance required for : (i) New NHs of more than 30 kms (ii) NHs of more than 30 kms and widening of more than 20 kms• For each project MOEF drafts a separate TOR• Based on TOR proponent authorities prepare complete EIA• EIA to be then examined by the Govt.• Time period for the process is 9 to 12 months• Projects having Right of Way of 60 mts , standard norm, to be exempted from the clearance Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  6. 6. Way Forward• Educate public and revenue officers on their duties and responsibilities, add extra staff to mobilize high volume works• Maintaining updated and accessible revenue records• To update records in villages coming under project, prior to start of the acquisition process• Increase outsourcing of critical works• MoEF should consider issue of uniform and reasonable policy guidelines by State Governments Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  7. 7. ICTT - Strategic location on the main east-west global shipping lines - Offering draft of about 16 m, Cochin is a premierDevelopment of International Container gateway to southern IndiaTransshipment Terminal in Vallarpadam island, - Cochin offers an alternative to Sri Lanka andKerala Singapore for containers being transshipped for the Indian market. 1991 DPR was prepared 1992 Bids were invited for establishment of terminal with private participation 1998 Project report updated. Planned a state of art terminal with annual handling cap of 3M TEU Jan 2005 License agreement between Cochin Port Trust and M/s India Gateway Terminal Pvt Ltd (BOT) Nov 2006 Environmental clearance status for ICTT and SEZ status to the project area Nov 2007 Contract awarded – Phase 1 development of terminal (600m berth) - $150M Dec 2007 Construction work started Terms of agreement between CPT & IGT Supporting infrastructure facility for rail connectivity to(PGPIM- Presented By : Tusar & Sudhanshu the project area at Vallarpadam will be arranged by CPT 4th Batch AIIM)
  8. 8. - Unwillingness of people to give up their land led to agitation - People’s council formed Govt. starts -Indefinite hunger strike and relayGovt. of Kerala registration of sathyagrahapublishes land under - People were dissatisfied withnotification for DLPC scheme. Govt. R&R package (4 – 6 cents ofPhase 1 L/A land) and filed writ petitions at High court - High Court directs monetary compensation for extra 0.5 cents of land 10 Oct 07 15 Jul 08 11 Feb11 9 Apr 07 1 Jan 08 Govt. of Kerala publishes ICTT commissioned All land owners notification successfully with a capacity accept High court’s for Phase 2 to handle 1 million TEUs order & surrendered L/A annually their land Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  9. 9. Lessons learnt• Acquiring a small size of land (4.3 ha) affected as many as 261 families• Forced eviction led govt. to consider R&R package (NRRP-2007 makes R&R mandatory only for those projects that involve displacement of more than 400 families)• Major feature of R&R package – land for land and offering land to close proximity to where the displaced used to live Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  10. 10. LER&R-Lessons From DIAL• DIAL is a joint venture consortium comprising the GMR Group (50.1%), AAI (26 %), Fraport AG and Eraman Malaysia (10 %each), and IDF (3.9 %) Land identified for development faces issues on three key reasons: •Environment concerns •Social well being concerns •Benefit sharing concerns Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  11. 11.  147 cases challenging the land acquisition and the compensation provided by AAI were pending in the Delhi High court Many families had sold the allotted land (Rangpuri village) & continued to stay at their native village Native sold their land to outsiders (Commercial) Outsider filed petition seeking alternate land Encroachment on about 30 acres of land housing 1952 families Inability of families to produce revenue records resulted in less allotment against their eligibility Agitation and protest surrounding land acquisition Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  12. 12.  Formed a strategic nine member team (land management department) Team was familiar with the local culture and vernacular language Petition to transfer all cases under one judge Requested MoCA to form Apex and working committee to oversee the progress of land evacuation Apex committee – Chief Sec. GNCTD, GMR Grp, D. Collector Working committee– DDA,DJB,DTL,GMR chaired by D. Collector LMD met representative of village and political leaders, bureaucrats and highlighted the fact and importance of project Team build a rapport and gain information on actual status DIAL offered to pay each family the rent for 6 month Resettlement of J&J 29k /squatter family Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  13. 13.  DIAL roped in GMR social Arm (CSR) to provide basic facilities to the affected people Provision for R& R package was well utilized by providing assistance on transportation and labor. Made R&R a pleasant experience for the affected people and earn their goodwill Lack of clarity in contracts regarding responsibility of land evacuation ,DIAL took upon itself. Presented By : Tusar & Sudhanshu (PGPIM- 4th Batch AIIM)
  14. 14. Thank YouPresented By : Tusar & Sudhanshu (PGPIM-4th Batch AIIM)
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