Land acquisition fra_pesa_

PESA , FRA & LAND ACQUISITION
Presented by
Pralhad Kachare
Deputy Commissioner, Pune
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THE TWO TRIBAL FRIENDLY ACTS
PESA ACT 1996
(Provisions of Panchayat Extension to
Scheduled Areas Act)
FR ACT 2006 & RULE 2007
Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act
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New Laws Mandate
OUR RULE IN OUR VILLAGES
MY VILLAGE MY RULE
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KEY OBJECTIVES
PESA ACT 1996
– Devolution of Power to PRI Institutions at Grass
Root Levels
– Empowerment to Tribal People
– Enhancement of living condition and Ensuring
Poverty alleviation of the Tribals

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KEY OBJECTIVES
FOREST RIGHTS ACT 2006 & RULES 2007
– Recognition of Customary Land Rights of Tribals
and Other Traditional Forest Dwellers
– Ascertaining/Settlement of Individual and
Customary Land Rights
– Enhancement of living condition and Ensuring
Poverty alleviation of the Tribals

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TRIBAL RIGHTS UNDER FRA 2006
Right to hold and live in the forestland under the individual or
common occupation for habitation or for self, cultivation for
livelihood.
Community rights.
Rights of ownership, access to collect, use and dispose of minor
forest produce which has been traditionally collected within or
outside the village boundaries. (Also in PESA)
Community rights of uses or entitlements such as fish
and other products of water bodies, grazing land and
traditional seasonal resource access of nomadic and
pastoralist communities. (Also in PESA)
Community tenures of habitat and habitations for PTGs
and pre-agricultural communities.

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Major Rights Given by Central PESA
I. Gram Sabha to safeguard and preserve the traditions and customs of
the people, their cultural identity, community resources through
Gram Sabha.
II. Gram Sabha to be consulted before making acquisition of land in the
Scheduled Areas for development of projects or before resettling or
rehabilitating persons affected by such projects in Scheduled Areas.
III. * Gram Sabha/Panchayats at the appropriate level for grant of
prospecting license or mining lease for minor minerals in the
Scheduled Areas and for grant of concession for the exploitation of
minor minerals by auction
IV. * State Govt.will ensure delegation of powers to Panchayat/GS to
claim ownership rights over minor forest produce from village forests
and reserve forests, to prevent alienation of land and to restore any
land alienated illegally and to ensure management of minor water
bodies.

Important Provisions of PESA Act
Section 4.e (ii): responsible for the identification or
selection of persons as beneficiaries under the
development programmes.
Section 4.i: Consultation with Panchayat prior to land
acquisition and Rehabilitation & Resettlement
activities in the scheduled areas.
Section 4.m(ii): Endows owner ship of minor forest
produces to Panchayats.
Section 4.m (iii): endows power to prevent alienation
of land in Scheduled areas and to take appropriate
action to restore any unlawfully alienated land of
STs
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Important Provisions of PESA Act
Section 4.d: Gram Sabha shall safeguard and
preserve the traditions and customs of the
people, their cultural identity, community
resources and the customary mode of dispute
resolution
Section 4.e (i): Gram Sabha shall be responsible
for approval of plans, programmes and
projects for social and economic development
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Paradigm change
The main rationale behind the Act is to preserve
the tribal population from exploitation with an
active involvement of the Gram Sabha.
Gram Sabha is a body constituted under the
provisions of the Constitution and there is no
doubt that they would play their part with full
responsibility in the rehabilitation process i.e.
selection of the place of rehabilitation and
examining the facilities, amenities available
therein.
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Changing Governance
The Government has also enacted the
'Panchayat Extension to the Scheduled Areas
(PESA) Act' in 1996
It is one of the progressive legislations for the
Adivasi regions, providing for self-governance
and recognising the traditional rights of
indigenous communities over their natural
resources
There is a wide role for Panchayats in the
acquisition and rehabilitation process
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As per PESA, the Gram Sabha will be
involved in:
approval of development plans,
and programmes, land availability
and rehabilitation of affected persons,
and has given control of land, forest and water in
the hands of tribal through the Gram Sabha.
The Act entrusts the Gram Sabha with the
following
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Mandatory Powers of Gram Sabha
Management of community resources
Approve all plans/projects
Identification of beneficiaries
Issue certificate of utilization of funds e.
Customary mode of dispute resolution
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Scheduled Tribe Population
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Discretionary Powers to Gram Sabha or the
Panchayat at appropriate level
Prior mandatory recommendation for
acquisition of land and rehabilitation and
reconstruction in scheduled areas.
Prior mandatory recommendation for grant of
prospective license or lease for mining minor
minerals.
Prior mandatory recommendation for grant of
concession for exploitation of minor minerals
by auction
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Powers to Gram Sabha and Panchayat
at appropriate level
Ownership of minor forest produce
Control over money lending
Manage and regulate village markets
Control over manufacture, sale and consumption of
intoxicants, and
Prevent land alienation and restore alienated lands
Control over institutions and functionaries in all social
sectors
To control local plans and resources for such plans
including tribal sub plans
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Constitutional provisions
Schedule V of the Constitution lays down
provisions for protection of land.
Legal protection is provided in schedule V under
which laws are to be framed by states to
‘prohibit or transfer of land by or among
members of ST’ in schedule areas.
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PESA is an umbrella framework
respective state panchayat Acts have to be
amended to incorporate the letter and spirit
of PESA.
Maharashtra & Orissa are leading in doing this.
However, there are some operational issues.
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PROCESS OF LAND ACQUISITION UNDER LA ACT. 1894
Joint
Verification of RORs
and land
Details
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Filing of LA
proposal
by Requisitioning
Authority
Issue Notice for
Convening Gram
Sabha
Gram sabha
consultation
Submission of
Estimate to Admn.
Deptt for sanction
Invite
objection
u/s 5(1)
Newspaper
Publication &
Gazette
notification
Issue notice
u/s 4(I) of
LA Act
Ratification by
Panchayat Samiti
Approval of estimate
by Administrative
Dept.
Declaration by Rev
Dept. u/s 6 of LA Act.
Publication in 2 local
Newspaper &
Gazette Notice in
localing
Order under Section 7
directing Collector
To acquire the land
Disburse payment
, take possession &
hand over possession
Issue notice u/s
12(2) of LA Act for
effecting payment
Inquiry and award
by the Collector under
Section 11
Public notice under
Section 9
(PESA Requirements)
Submission of
proposal to
R&DM Deptt.

PROVISIONS OF THE PANCHAYATS
( EXTENSTION TO THE SCHEDULED AREAS) ACT, 1996.
Section- 4(i) of the PESA Act, 1996 stipulates that “The Gram
Sabha or the Panchayats at the appropriate level shall be
consulted before making the acquisition of land in the
Scheduled Areas for development projects and before re-
settling or rehabilitating persons affected by the such projects
in the Scheduled Areas, the actual planning and
implementation of the Projects in the Scheduled Areas shall
be coordinated at the State level”.
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ISSUES ARISING OUT OF LAND ACQUISITION WITH RELATION TO
PESA
Conduct of Gram Sabha
In case of large scaled displacement( irrigation projects & Industrial
projects), consensus is difficult to arrive at.
Issue of “ Loosing everything”- agricultural land, gaothan, houses,
emotional attachment, social, cultural & religious beliefs.
Alternate Land for Rehabilitation & Resettlement.
Dubious land transactions.
Facilities for Rehab. colonies
Damage by vested interest groups
Difference of opinion regarding Land Acquisition Compensation.
One year time limit between section 4(I) to section 6(I) and two year
time limit between section 6(1) and section 11
Non-cooperation and Lack of response from Gram Sabha.
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PROVISION OF FOREST RIGHT ACT.
The Lok sabha on 13th
December, 2006 passed by voice vote the Scheduled Tribes
and other Traditional Forest Dwellers( Recognition of Forest Rights) Bill, 2005,
seeking to recognize and vest the Forest rights and occupation in forest land
of forest-dwelling Scheduled Tribes and other traditional forest-dwellers.
The cut-off date, has been fixed as December 13,2005.
The dwellers would have to be residing in forest land for three generations or 75
years for entitlement to land rights and the rights to collect and market the
forest products to the dwellers. Each family would be entitled to four
hectares of forest land.
The Act confers individual and community rights like for self cultivation, for
livelihood, right of ownership, access to collect, use and dispose of minor
forest produce, fishing, grazing etc.
That also provides for diversion for forest land for 13 facilities managed by Govt.
provided that such forest land is less than 01 hectare, less than 75 no.s of
tree felling is involved and the same would have been recommended by the
Gram Sabha.
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LAND ACQUISITION ISSUES IN RELATION TO FRA.
Retrospective or prospective
In case of community claims, the extent of coverage of community area
Gram sabha in case of claims over no-man’s land
Extent of accepting CL.
Territorial conflict.
The FRA confers rights of livelihood to the tribals and traditional forest
dwellers. So in case of land acquisition of the forest land, how would the
compensation be calculated ?
In case of tribals the relationship between them and forest is symbiotic. So
in case of land acquisition, it becomes extremely difficult to get a consent
for displacement / exchange.
Process of ascertaining rights under FRA at the time of proposal for
diversification of forest land for non forest use is to be “complete” or
“satisfactory”
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Consultation or consent
Under PESA, the Gram Sabha or Panchayat at
appropriate level is to be consulted before making
acquisition of land in scheduled areas .
Note here that the word used is ‘consultation’ and not
‘consent’.
In a meeting of ministers shortly after the enactment
of PESA, it was observed that the word
‘consultation’ should be deemed to mean ‘consent’
Report of the Committee of State Ministers In
charge of Panchayati Raj and Tribal Welfare,
meeting held on 8-9-1997 by Ministry of Rural
Areas & Employment, Department of Rural
Development. pkachare@gmail.com

Consultation or consent
A single bench of Andhra Pradesh High Court on intervention
by a couple of Hyderabad based NGOs has ruled that the
word consultation under PESA should mean consent.
Lingappa vs. State of Maharashtra, AIR 1985 SC 389
This judicial interpretation that the requirement under PESA is
for consent , meaning therby approval, can be empowering
as opposed to the requirment of mere consulation.
For instance, if the Gram Sabha or the Panchayat is consulted
and they deny a proposed acquisition, then whether a
recourse is available to either the State or to the project
proponent is unclear.
It is also important that the Bhuria Committee Report – on
whose recommendations the central law on PESA came into
being - had advocated for prior consent of the Gram
Sabha /local village community before making acquisition of
land in Scheduled Areaspkachare@gmail.com

1. PERMANENT STANDING ORDERS / NORMS
FOR INCURRING EXPENDITURE
ACQUIRING BODY
COLLECTOR
SPECIAL LAND ACQUISITION OFFICER
Section 52 A
PALAQ PUNE pkachare@gmail.com

Public Purpose –
1. Provision of Village Site or the Extension, Planned development or Improvement
of existing village site
2. Provision of Land for town or rural planning
3. Provision of Land for a corporation owned or controlled by the State
4. Provision of Land for residential purposes to poor or landless or to persons
displaced or affected by Natural calamities
5. Provision of Land for carrying out any Educational, Housing, Health or Slum
clearance schemes sponcered by Government, local authority, or society
6. Provision of Land for any other scheme of development sponcered by
Government or Local authority
7. Provision of any premises or building for locating a public office
Acquiring Bodies
1. Central Government
2. State Government
3. Local Bodies ( Municipalty, Corporations etc)
4. Companies i) registered under Companies Act, 1956
ii) Society registered under Societies Registration Act 1860
iii) a Co- operative Society
PALAQ PUNE pkachare@gmail.com

1. To assess the quantum of land to be
acquired and its suitability for the
public purpose
2. 1/4th of approximate comp at .S.4
----------------------------------------------
4. 50% of approximate comp at award
2. 1/4th
of approximate comp at S.6
Step 1 - PRILIMNARY
ENQUIRY
PROCEDURE under Land Acquision Act
1894
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1. Joint Measurement
Charges are paid by the
Acquiring body either
directly or through the
S.L.A.O. Credited to
Major Head 0029 LR
Step 2 - JOINT
MEASUREMENT
sec 8
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1. Published in MGG, two News
Papers & Chavadi
2. The bill is credited to the
concern News Paper by
Special Land Acquisition
Officer after obtaining requisite
funds from the acquiring body
1. Interested Person can object to
i) The Purpose,
ii) The area under Acquisition
2. Acquiring body submits its say on
objection.
3. Special Land Acquisition Officer
with his opinion submits report on
objection along with draft
Declaration to the Government
(Commissioner )
Step 3 - NOTIFICATION
u/s 4
Step 4 - ENQUIRY
u/s 5 A
The Last of the dates of Publication
of the Notification is the
DATE OF VALUATION
[ sec 23(1) ]
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Step 5 - DECLARATION
u/s 6
1. Published in MGG, two News
Papers & Chavadi
2. The bill is credited to the
concern News Paper by
Special Land Acquisition
Officer after obtaining requisite
funds from the acquiring body
Step 6 - ENQUIRY
u/s 9 (3) (4)
1. Interested Person can state
i) Nature of his Interests in the
land and amounts and
particulars of their claims to
compensation for such interest,
and
ii) Objection ( if any ) to the
measurements
After taking into account the objection filed by Interested Persons, Say submitted
by the Acquiring Body and Opinion of S.L.A.O. the Government accords sanction
to the declaration U/S 6
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Step 7 - AWARD
u/s 11
1. True Area of Land
2. The amount of Compensation
to be allowed for the Land
3. Apportionment of the
compensation among the
Persons interested
Previous Approval – GR Dt 07/04/1999
Sr.no Amount of the Award Approving Autority
1. Upto Rs. 1 Crore S.L.A.O. concerned
2. Between Rs. 1 crore & upto 4 Crores Collector
3. Between Rs. 4 Crores upto 10.00 Crores Divisional Commissioner
4. Above 10.00 Crores Government
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Determination of Compensation
1. Market Value of Land at the date of publication of Notification u/s 4
Market Value -: i) Comparable Sales Method
ii) Income Capitalisation Method
iii) Ready Reackoner
2. Section 23 : Matters to be considered in determining compensation
Section 24 : Matters to be neglected in determining compensation
3. Solatium on account of compulsory nature of Acquisition @ 30 % of
Market Value ( Sec 23(2))
4. Interest Component @ 12 percent per annum from Date of
Notification u/s 4 upto Date of Award u/s 11
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PALAQ PUNE
Determination of Compensation
 Pot Kharab Lands - Rs 1500 per Hectare ( GR Dated 08/02/1996 )
 Valuation of Fruit Trees – Differed Value to be paid at the Calculations
and details provided by Agricultural Department
( Circular Dated 01/12/1998)
 Valuation of Structures / Wells etc to be done by the Acquiring body –
PWD, Irrigation Dept
 Establishment Cost @ 3% of the amount of the Award is recovered
from the Acquiring Body and credited to Government ( 0029 LR)
 In case where the provisions of Urgency are evoked and Advance
Possession taken, interest on compensation @ 9 % for one year and
15% for subsequent years is awarded ( Section 28 )
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PALAQ PUNE
Limitations –
Time frame of Procedure according to the Law
 Proviso to Section 6 (1) – No Declaration u/s 6 shall be made
after expiry of One year from the date of Notification u/s 4
 Section 11A. - Award shall be made within Two years from
the date of publication of Declaration u/s 6. If no Award is
made within that period, the entire Proceeding for the
Acquisition of Land shall lapse
 In computing the period as stated above the period during
which the proceeding was stayed by the Court shall be
excluded
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Step 8 - NOTICE OF AWARD u/s 12(2)
&
TAKING OF POSSESION u/s 16
On the day fixed
under the notice
u/s 12(2) the
compensation is
paid to the
interested
persons in the
land under
acquisition and
the Possession
taken u/s 16
The land after taking possession vests
absolutely in the Government free from
all encumberences
PALAQ PUNE
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Step 9 - REFERENCE
TO
COURT u/s 18
 Any person interested who
have not accepted the
Award can file a Reference
 objection to
i) measurement of land
ii) amount of compensation
iii) apportionment of the
amount of compensation
The Court can award compensation
more than that awarded by the
Collector alongwith interest u/s 28
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Step 10 - RE-DETERMINATION OF
AMOUNT OF
COMPENSATION ON THE
BASIS OF AWARD OF THE
COURT u/s 28A
■ Persons interested
in all other Lands
covered by the same
Notification u/s 4 can
apply for Re –
determination
■ within three months
from the date of
award by the Court
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The Acquision of Lands under Reservation in Development Plan of
Municipal Councills and Municipal Corporations
 The Acquision is done by issuing Declaration u/s 6 of Land Acquisition Act
read with Section 126(6) of Maharashtra Regional and Town Planning Act
1966
 Date of publication of the Declearation u/s 6 in Government Gazette is taken
as the date of Valuation
PROCEDURE under Other Enactments
Maharashtra Regional and Town Planning Act 1966
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The Acquision of Lands for the construction of New Highways or widening
of existing Highways
 The Acquision is done under the Provisions of National Highway Act 1956
 The Provision of Arbitration replaces the Provision of Reference to the Court
The Acquision of Lands for MIDC
 The Acquision is done under the Provisions of Chapter VI and issuing notices
u/s 32 and 31 of the Maharashtra Industrial Development Act 1961
 The amount of compensation determined u/s 33(2) by Negotiation with the
interested persons
 The date of Publication of notice u/s 32 in Government Gazette is the
Date of Valuation
 Eliminates the procedure of Reference to the Courts
Maharashtra Industrial Development Act 1961
National Highway Act 1956
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3. CONTROL MECHANISM TO MONITER FINANCIAL, OPERATIONAL,
ORGANIZATIONAL AND INTERNAL AUDIT SYSTEM contd…
 The Compensation of land acquired is disbursed to the Interested Persons
by Cheque on account of the PLA of the SLAO
 The SLAO sends ADVISE of the cheques issued to the Treasury
 The Cheque received for clearance is passed by Treasury Officer and then
the amount is credited to the account of the Interested Person
 A monthly abstract of the PLA account is verified by the office of SLAO and
the treasury
 The bills received from News Papers are varified from the office of District
Information Officer, before the payments are made
 The amount of Enhanced Compensation awarded by the Court is
demanded from the Acquiring Body and the same is deposited in the
Court for disbursement. In case where appeal is preffered in High Court
the District Court is requested to with held the payments or to pay against
bank guarentee
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3. CONTROL MECHANISM TO MONITER FINANCIAL, OPERATIONAL,
ORGANIZATIONAL AND INTERNAL AUDIT SYSTEM contd…
 In cases of disputes in payment of compensation or its apportionment
amongst the interested persons, the awarded amount is deposited in the
Court u/s 30 of the Land Acquisition Act
 At the end of each financial year a written Balance Sheet is submitted by
the Office of SLAO to the Treasury. A balance certificate is obtained.
 The Audit of the Office of SLAO is performed by the Internal Audit Wing of
The Collectorate and Divisional Commissioner’s Office
 The routine office inspections are performed by the Collectorates.
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4. EVALUATION & VIGILANCE CONTROLS ON VARIOUS
OPERATIONS AND ORGANIZATIONS KEEPING IN VIEW
THE MANAGEMENT OF AQUIRED LAND
1. After taking of Possession of the land acquired (u/s 16) , the same is
handed over to the Acquiring Body
2. By an Order passed by the SLAO on basis of Award & Possession
taken, the Land Revenue is reduced and the name of Acquiring Body
is entered in the Record of Rights ( VF 7/12 extract )
3. The Lands acquired are put to the use under Public Purpose by the
Acquiring Body
3. The Lands remaining surplus after its use, are to be put to other
Public Purpose or disposed by public auction
(Govt Letter Dated 22/08/2002) and Supreme Court Judgement in
State of Kerala vs M Bhaskaran Pillai
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The Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation & Resettlement Act, 2013
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भूमिमिसंपादन पुनवरसन व पुनस्थारपना करताना वाजवी
भरपाई िमिळण्याचा व पारदशरकतेचा हक्क अधिधिनिनयमि,
2013

Why a combined Law
1. Land Acquisition ,Rehabilitation & Resettlement
need to be seen necessarily as two sides of the
same coin and follow after acquisition.
2.Not combining the two R &R & land Acquisition
within one law, risk neglect of R & R. This has, been
the experience thus far.
3. This is the first National / Central law on the subject
of Rehabilitation & Resettlement of families
affected and displaced as a result of land
acquisition.
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Comparative sections of
old Act and new Act.
• Section of old Act Section of new Act
4 Preliminary notification 11
5 A Hearing 15
6 Final Declaration 19
11 Award 23
16 Possession 38
17 urgency clause 40
18 Ref. to Court 64
23 Matters to be considered 27
24 Matters to be neglected 28
28 Interest on excess comp. 72
28 A Re-detrn. Of comp. 73
34 Interest 80
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Salient features of the new law
Definition of Public Purpose
• Acquisition of land for strategic purposes
relating to naval, military, air force, the armed
forces of India, National Security or defense,
Police, Safety of the people .
• Land for Infrastructure such as Railways,
Highways, ports, Power & Irrigation purposes for
use by Govt. or by Govt. Controlled Corporations
(Public Sector Companies)
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• For planned Development or improvement of
village or urban sites or for residential purpose to
weaker sections of society in rural or urban areas.
• For Govt. Administered educational , agricultural ,
health & research schemes for institutions.
• For persons residing in areas affected by natural
calamities.
• For resettlement of affected people.
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Continued…

• Project for Sports , Health care, Tourism,
Transportation, Space program, Project for
Water harvesting & Water conservation
structures, sanitation.
• Project for Industrial corridors or mining
activities.
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Continued…

Urgency clause
The urgency clause can only be invoked in the
following cases (section 40)
1. Acquisition for National defense & security
purposes.
2. Acquisition for Resettlement & Rehabilitation
needs in the event of Natural Calamities such as
Floods or Earthquakes.
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Definition of “Affected families”
Land Owners
1.Family or Company whose land /other
immovable properties has been acquired.
2. Those who are assigned land by the Govt. under
various schemes
3. Right holders under the Forest Rights Act.2006
Livelihood Losers
1.Over the last three years , a family whose
livelihood is primarily dependent on the land
being acquired, including agriculture laborers,
tenants or sharecroppers.pkachare@gmail.com

2. Over the last three years, families which are
dependent on forest or water bodies for their
livelihoods when these are acquired , including
forest gatherers, hunters, fisher folk & boatmen.
3. Over the last three years , any families whose
livelihood is dependent on the land being
acquired in urban areas or families residing on
the land being acquired in urban areas.
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Continued…

Safeguarding food security
1.Multicrop irrigated land will not acquired except
as a last resort measure (Limits have been set by the
State Govt. ) (20% of cultivated land in District.)
2.Wherever multi crop irrigated land is acquired
an equivalent area of cultivable wasteland shall
be developed for agricultural purposes or
equivalent land value shall be deposited.
3.States are also required to set a limit on the area
of agricultural land that can be acquired in any
given district . (1&2 above shall not apply in the case
of linear projects such as Railways , Highway , MDR,
Power Lines & Irrigation Canals.)
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Minimum Compensation
• A comprehensive Compensation package.
(First Schedule )
1. Market value of the land (sec.26)
a) The minimum land value, if any , specified in the Indian
Stamp Act 1899 for the registration of sale deeds in the
area…. or
b) The average of the sale price for similar type of land
situated in the immediate areas adjoining the land being
acquired, ascertained from 50 percent of the sale deeds
registered during the preceding 3 years, where higher price
has been paid, or.
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Continued…
• C) consented amount of compensation.---for
private companies or for ppp projects.
• Whichever is higher
• Provided that the determination of market
value shall be the date on which the
notification under sec. 11 has been issued.
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Provided that the market value so calculated for rural
areas shall be multiplied by a multiplier factor of upto 2
(in Maharashtra it is maximum 1.1)
2. Value of assets attached to land… (sec.29 )
building / trees /wells /crop etc. as valued by relevant Govt.
authority.
Total compensation = 1+2 (sec.27)
3. Solatium - 100 % of Total compensation . (sec. 30 )
FINAL AWARD = 1+ 2+3.
4. Where the land is acquired for urbanization…
20 % of developed land will be reserved and offered owning
project affected families, in proportion to their land acquired & at a
price equal to cost of acquisition & cost of development. In case
the project affected family wishes to avail this offer, an equivalent
amount will be deducted. pkachare@gmail.com
Continued…

5. The company for whom the land is being
acquired may offer shares limited to 25 % of the
compensation amount for this an equivalent
amount will be deducted from compensation.
In rural areas the multiplier factor will be
gradually rise from 1 to 2 as we move away from
urban locations into rural areas. The precise
Slabs will be decided by the respective State Gove.
(For Maharashtra refer Notification no.LQN-
12/2013/C.R 190/A-2 dated 13/08/2014.
Radial distance from Urban area above 25 km. then
Multiplier factor max 1.1 in Rural areas)
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Continued…

Minimum R & R entitlements
• A comprehensive R &R package (2nd schedule )
1.Subsistence allowance…. Rs.3,000/- month
/ family for 12 months.
2.Job for 1 member per Affected Family …..
or
Rs. 5,00000/- family …
or
Rs.2,000/- month / family for 20 years
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3. If house is loss in rural area, a constructed house
shall be provided as per Indira Awas Yojana
specifications. If a house is loss in urban areas
minimum 50 sqm plinth area constructed house
shall be provided. Or equivalent cost of house as
per the preference.
4. 1 acre of land to each family in command area if
land is acquired for an irrigation project if possible
in lieu of compensation
5. Rs.50,000/- for Transportation
6. A one time Resettlement Allowance of Rs.50,000/-
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Continued…

Special provisions for SCs/STs (Sec.41)
• In addition to the R & R package , SC/ST families will
be entitled to the following additional benefits.
1. Land to be given to each family in every project even
in case of irrigation project.
2. one time financial assistance of Rs 50,000/- family.
3. Families settled outside the district … additional
25% R&R benefits in monetary terms.
4. Payment of 1/3 of compensation amount initially as
first installment.
5. preference in Relocation & Resettlement .
6. Free land for community and social gatherings.
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Special provision for Farmers
• Acquisition only if necessary.
• Enhanced compensation (as per schedule 1)
• Strict restrictions on multi crop acquisition.
• Consent …
a)70 % consent for acquisition of public private
partnership projects .
b)80 % consent for acquisition of private
companies.
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Continued….
• Return of unutilized land… Land not use can now be
returned to the original owners if the state so
decides.( section..101 )
• Share in sale of acquired land increased… When the
acquired land is sold of to another party without any
development, 40% increase value share has to be
distributed amongst the farmers . (only on first sale
or transfer… sec.102)
• Income Tax Exemption… All amounts accruing
under this act have been exempted from Income Tax
and stamp duties .(section..96 )
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S.I.A.(mandatory in all cases except acq. by
urgency clause.) (u/sec.4)
• AGENCY----- State SIA unit.
• SIA Notification within 30 days after depositing processing
fee.
• SIA shall be conducted in consultation with Panchayat, M.C.
,or Mun. Corp. followed by Public Hearing.
• SIA Report in Form 1 to state Govt. in 6 months
• SIA REPORT---Project Feasibility Report.
• Project Impact Report.
• Social Impact Management Plan.(Form 2)
• Publication of SIA study Report.
• Public hearing by appropriate govt.
• Expert group for evaluation of SIA report.
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continued
• Publication of Preliminary notification. Sec.11
• Preliminary survey of land .
• Draft RR scheme to be prepared by
Administrator.(DRO ,SLAO)
• Published the draft scheme as per sec 16.
• Public Hearing by Administrator in Gram P.
• Commissioner –Approved the draft scheme.
• Declaration of final RR scheme by the
Commissioner.------sec.19 =sec 6.
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Retrospective operation: (section 24)
• Where no award under section 11 of the 1894 Act has been
made, the new law will apply with regard to compensation.
(sec.24/a )
• Where award has been made then proceedings shall
continue under L A Act as if Act not been repealed.
(sec.24/b)
• When an award has been made but the affected individuals
have not accepted compensation or have not yet given up
possession, and the proceedings have been pending for 5
years or more, provisions of the new law will apply. (sec 24/2
Provided when a majority of individuals in an affected area
have not received compensation then the new law will
apply.
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Transparency Provisions
• S.I.A.
- Gram Sabah to be consulted.
- Summary of SIA notified along with draft notification.
- SIA document made available for public scrutiny.
• R & R Scheme
- Summary notified along with draft declaration made
available for public scrutiny.
• Individual Awards passed
• Public Disclosure
- All documents mandatorily to be made available in the
public domain and on the website.pkachare@gmail.com

Timelines
1. Compensation will be given within a period of 3
months from the date of the award.
2. Monitory R & R entitlements will be provided within
a period of 6 months from the date of the award.
3. Infrastructure R & R entitlements will be provide
within a period of 18 months from the date of the
award.
4. No involuntary displacement will take place without
completion of R & R
5. In irrigation or hydel projects, R & R shall be
completed 6 months prior to submergence.
pkachare@gmail.com

Benefits for Tenants & Share-croppers
The law also covers all Tenants who may not own any
land but are engaged in any form of tenancy or holding
a usufruct right.
Share-croppers Artisans who have been working in the
affected area for 3 years prior to the acquisition and
whose primary source of livelihood stands affected by the
acquisition of land.
They will receive not just the R & R benefits but also a share
in the compensation to be provided.
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Impact of New Law on existing Legislations
related to Land Acquisition
1. There are 13 Acts of the Central Govt. in force that
allow for land acquisition. These are listed in the
fourth schedule of the act ( eg….National Defense,
National Highways, Railways etc.). The new law
does not apply to the activities covered under these
Acts.(section 105 )
2. However, within 1 year, the provisions of the new
law which relate to compensation, R & R will be
applied to the 13 Acts by a notification of the
Central Govt.(section 105/3 )
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Institutional structure
• National Monitoring committee for R & R (Sec. 48) for reviewing and monitoring
the implementation of R & R scheme .
• State Monitoring committee for R & R (Sec. 50) for reviewing and monitoring the
implementation of R & R scheme or plans under this Act.
• Establishment of L A R R Authority (Sec.51) Dispute resolution committee under
Presiding officer (Dist. Judge ) for speedy disposal of disputes relating to land
acquisition , compensation and R & R (Details in sec. 51 to 72 ) 22 Sec.
• Appraisal of S.I.A report by multi -disciplinary Expert group. (sec.7)
• R & R committee at project level . (sec.45) only when land to be acquire is more
than 100 acre
Chairman – collector - to monitor and review the progress of implementation of R
& R scheme and carry out post implementation social audits
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Safeguards against indiscriminate acquisition
• SIA made mandatory except for irrigation projects, where EIA
has obtained. (section 6/2 )To be concluded in 6 months
• Draft notification to include :
- Summary of SIA
- Particulars of Administrator for R & R who prepares R & R
Scheme.
• Draft Declaration to include :
- Summary of R & R package
• No Change of Purpose:
- No Change from the purposes specified in the land use plan
submitted at the time of land acquisition will be allowed .
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Continued….
• Change of ownership :
- No change of ownership without specific permission of
Appropriate Govt. is allowed.
• Land not Used :
- Land that is not used within 5 years in accordance with the
purposes for which it was acquired at the time of acquisition,
shall be transferred to the State Governments Land Bank or to
the original land owner.
• Sharing Appreciated Value :
- Upon every transfer of land without development, 40% of the
appreciated land value shall be mandatorily shared with the
original owner whose land has been acquired .
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Important Provisions
• For urgency clause – Gove . sanction is
necessary
• Powers of Declaration / Previous approval of
Award
Compensation amount
Up to 4 cr. -- S.L.A.O/ S.D.O
4 cr. to 10 cr. -- Collector
Above 10 cr. -- Divisional Commissioner
• If Land is to be acquired for urbanization 20 %
of develop land to be kept reserve and allot to
affected persons with the cost of land +
development
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Continued
• If land is acquired /purchase by private
company from private land owner
admeasuring more than 1000 ha then
provisions of R &R will be applicable.
(section 46 )
• R& R authority shall dispose of
reference u/s 64 within 6 months
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