Land Acquisition Act-1894

transcript

LA Act 1894 LA Act 1894 as amended as amended by LA Act 1984by LA Act 1984

Land AcquisitionLand AcquisitionLand AcquisitionLand Acquisition

Land Acquisition- Land Acquisition- 3 departments3 departments

Requisitioning DepartmentRequisitioning Department

Revenue DepartmentRevenue Department

Survey DepartmentSurvey Department

Land Acquisition is a TEAM work.Land Acquisition is a TEAM work.

Together Everyone Achieves MoreTogether Everyone Achieves MoreTeamwork is the ability to work together toward a

common people to attain uncommon result

Land AcquisitionLand Acquisition

It is a bitter pill It is a bitter pill

we have to swallow.we have to swallow.

A Little Extra

Risk more than other think is safe. Care more than other think is wise.

Dream more than other think is practical.

Expect more than other think is possible

What You Focus..What You Focus..Will ExpandWill Expand

The sun’s energy warms the world . But when you focus it trough magnifying glass it can start a fire. Focus is so

powerful

Decisions Breed Decisions Breed ChampionsChampions

Once you make a decision, the universe conspires to make it

happen

As You Sow Shall You ReapAs You Sow Shall You ReapThe man who does more than he is paid for will soon The man who does more than he is paid for will soon

be paid more than he doesbe paid more than he does

Putting Of Your SuccessPutting Of Your SuccessProcrastination is like a credit card : it’s a lot of fun

until you get the bill

The Winning EdgeThe Winning EdgeDevelop the winning edge ; small differences in your

performance can lead to large differences in your result

Success Lies Outside Your Comfort Success Lies Outside Your Comfort ZoneZone

Do the thing you fear and the death of fear is certain

It is a bitter pill we have to swallowIt is a bitter pill we have to swallow

Conditions for Land AcquisitionConditions for Land Acquisition

1.Existense of a public Purpose.1.Existense of a public Purpose.2.Acquisition should be as per 2.Acquisition should be as per rules and proceduresrules and procedures. .

3.Reasonable compensation.3.Reasonable compensation.4. 4. Civil court has right to Civil court has right to determine the determine the compensation.compensation.

Land Acquisition Act .1894Land Acquisition Act .1894

It is a Technical Act.It is a Technical Act.

Land has to be Land has to be acquired for public acquired for public purpose as per rules purpose as per rules and procedures…..and procedures…..

4444thth amendment amendment

Art. 31Art. 31 Vs Vs Art. Art. 300A300A

The right reserve the property as The right reserve the property as a fundamental right is reduced a fundamental right is reduced by that of legal right……… by that of legal right………

Art. 31Art. 31 Vs Vs Art. Art. 300A300A

The right reserve the property as The right reserve the property as a fundamental right is reduced a fundamental right is reduced by that of legal right……… by that of legal right………

LandLand

1.1.landland……… ………

2.2. Benefits to arise out of land…Benefits to arise out of land…

3.3. Things attached to land……. Things attached to land…….

Public Purpose- Art. 258Public Purpose- Art. 258

There is only a vague There is only a vague idea…………….idea…………….

Public Purpose- Art. 258Public Purpose- Art. 258

There is only a vague There is only a vague idea…………….idea…………….

ObstaclesObstacles

1.Protests1.Protests2.Court Cases.2.Court Cases.3.Alignment3.Alignment4.Delay in procedures.4.Delay in procedures.5.Fund5.Fund

Notification

Payment ofcompensation

Declaration

Valuation Survey & S D

Takingpossession

LAND ACQUISITION CHART

REQUISITIOREQUISITIONN

LAND ACQUISITIONLAND ACQUISITION LAND ACQUISITIONLAND ACQUISITION

Role of requisitioning Role of requisitioning departmentdepartment

RD is doing the work as RD is doing the work as agents of agents of requisitioning requisitioning Authority…..Authority…..

But the role of RA is as But the role of RA is as much or more than much or more than that of RD…..that of RD…..

RequisitionRequisition

1.1.3copies of the requisition3copies of the requisition

2.2.Alignment sketch.Alignment sketch.

3.3.Government order.Government order.

4.4.Reason for urgency.Reason for urgency.

Requisition-Requisition- preliminary problems preliminary problems

1.1. Incomplete requisition.Incomplete requisition.

1.1.RA sends requisition to RA sends requisition to District Collector….District Collector….

2.2.The District Collector The District Collector appoints LAO and sends the appoints LAO and sends the requisition to LAO.requisition to LAO.

3.3.LAO conducts preliminary LAO conducts preliminary site inspection.site inspection.

1.1.The requisition shall be in The requisition shall be in form No-2 form No-2

along with the certificate.along with the certificate.

CertificateCertificate

1.1.DemarcationDemarcation

That the site was pegmarked That the site was pegmarked on the ground and the on the ground and the demarcation approved by a demarcation approved by a responsible officer.responsible officer.

1.1.PlanPlan

The accurate measurements The accurate measurements are furnished in the plan are furnished in the plan attached.attached.

1.1.ObjectionObjection

That the objection of the land That the objection of the land owners have been owners have been considered and that the considered and that the selection of another suitable selection of another suitable site less open to objection site less open to objection is impossible.is impossible.

1.1.SanctionSanction

Sanction of the competentent Sanction of the competentent authority exists.authority exists.

1.1.FundsFunds

There is provision of funds.There is provision of funds.

1.1.compensationcompensation

Agreed to pay compensation.Agreed to pay compensation.

PERTPERT

Project Evaluation Review Project Evaluation Review TechniqueTechnique

Joint site inspection..Joint site inspection..

Joint site inspection..Joint site inspection..– Check the suitability of land.Check the suitability of land.– Identify the objectionable Identify the objectionable

elements in or around the land.elements in or around the land.– Accuracy of survey numbers.Accuracy of survey numbers.– Identify the assessed lands.Identify the assessed lands.– Collect the details of land Collect the details of land

owners.owners.– Rectify the discrepancies in the Rectify the discrepancies in the

requisition.requisition.

Joint site inspection..Joint site inspection..

After Joint site inspection..After Joint site inspection..– Rectify the requisition.Rectify the requisition.– Request preliminary expense .Request preliminary expense .– Request LAC/govt to sanction Request LAC/govt to sanction

urgency.urgency.– Send 6(1) notification to the Send 6(1) notification to the

Supdt.Govt press.Supdt.Govt press.– Obtain Govt. Order if not yet Obtain Govt. Order if not yet

received.received.

30 days30 days– Joint site inspection completed.Joint site inspection completed.

– Requested RA to sanction Requested RA to sanction preliminary expense.preliminary expense.

– Started to collect Basic Started to collect Basic Records.Records.

(BTR, TPR, Sketch)(BTR, TPR, Sketch)

Joint site inspection..Joint site inspection..– Check the suitability of land.Check the suitability of land.– Identify the objectionable Identify the objectionable

elements in or around the land.elements in or around the land.– Accuracy of survey numbers.Accuracy of survey numbers.– Identify the assessed lands.Identify the assessed lands.– Collect the details of land Collect the details of land

owners.owners.– Rectify the discrepancies in the Rectify the discrepancies in the

requisition.requisition.

Suitability Report.Suitability Report.– After joint Inspection send a After joint Inspection send a

suitability report to DC with suitability report to DC with

copy to RAcopy to RA. This will be . This will be hepful to the RA to hepful to the RA to obtain Government obtain Government order from Revenue(B) order from Revenue(B) department if department if necessary.necessary.

60 days60 days– Requisition rectified.Requisition rectified.

- Requested - Requested LRC/GovernmentLRC/Government to to sanction sanction urgency,urgency, if any. if any.

6(1) Notification for 6(1) Notification for survey and survey and demarcation sent for demarcation sent for publication.publication.

SurveySurvey

Sanctioning UrgencySanctioning Urgency– State govt purpose- LACState govt purpose- LAC– Central Government purpose- Central Government purpose-

concerned state govt. dept.concerned state govt. dept.

Request should consist of--Request should consist of--– Report of the LAO.Report of the LAO.– Requisition – attested copyRequisition – attested copy– Alignment Sketch- BTR/TPR Alignment Sketch- BTR/TPR

copies.copies.– Letter from RA for Urgency.Letter from RA for Urgency.– Government order.Government order.

90 days90 days– 6(1) published and survey 6(1) published and survey

works started.works started.

- Basic records Collected.- Basic records Collected...

- Collection of Documents from - Collection of Documents from SRO Started.SRO Started.

– List of structures sent for List of structures sent for valuation.valuation.

– 4(1) notification Sent 4(1) notification Sent for publication…for publication…

4(1) Notification4(1) Notification– The public announcement that The public announcement that

Land acquisition works started..Land acquisition works started..

- The land is needed or likely to - The land is needed or likely to be needed by Government for a be needed by Government for a public purpose.public purpose.

- Nobody should deal with the land - Nobody should deal with the land notified.notified.

– Enables the land owner to file Enables the land owner to file objection.objection.

– Intention to enter the landIntention to enter the land

4(1) Notification4(1) NotificationFor a For a state Govt purposestate Govt purpose , ,

the notification can directly the notification can directly send to Govt press, Tvm. send to Govt press, Tvm. for publication.for publication.

But for But for Central Govt. purposeCentral Govt. purpose the requisition should sent the requisition should sent through concerned state through concerned state Govt. Department for Govt. Department for publication.publication.

4(1) Notification4(1) NotificationIn the notification, ensure In the notification, ensure

that the land to be that the land to be acquired is not wrongly acquired is not wrongly described ,Govt land are described ,Govt land are not included and there is not included and there is no omissions.no omissions.

But the area may be an But the area may be an approximate one.approximate one.

4(1) Notification- 4(1) Notification- Modes of publicationModes of publication

1.In the Gazette.1.In the Gazette.2.In 2 local news papers.2.In 2 local news papers.3.In the locality.(V.O/LSG)3.In the locality.(V.O/LSG)The last date of such The last date of such

publication shall be the publication shall be the date of 4(1)date of 4(1)

If the last date of publication If the last date of publication is missed the last date is missed the last date would never exist.would never exist.

120 days120 days– Survey works are going on..Survey works are going on..

– 4(1) notification Published.4(1) notification Published.

- Started preparation of Started preparation of Mahazar.Mahazar.

– Issue Notices for 5A Issue Notices for 5A Enquiry.Enquiry.

Calling objection.Calling objection.

In normal cases , immediately In normal cases , immediately after 4(1) issue notices to after 4(1) issue notices to land owners to file land owners to file objections for conducting objections for conducting 5A enquiry.5A enquiry.

The objections must be filed The objections must be filed within 30 days from the within 30 days from the date of 4(1).date of 4(1).

Remember.Remember.

There is no 5A There is no 5A enquiry if the enquiry if the land is acquired land is acquired under urgency under urgency clause.clause.

180 days180 days– 4(1) published and 5A enquiry 4(1) published and 5A enquiry

Conducted Conducted

Urgency Sanctioned.Urgency Sanctioned.– Agreement executed.Agreement executed.– Mahazar Prepared.Mahazar Prepared.– Valuation steps going on.Valuation steps going on.

Survey/SD records Survey/SD records approved…...approved…...

210 days210 days– Survey process completed.Survey process completed.

– Valuation nearing completion.Valuation nearing completion.

Send DD for Send DD for approval/publication.approval/publication.

Documents to be accompanied with D.D. for scrutinyDocuments to be accompanied with D.D. for scrutiny

11. . Copy of RequisitionCopy of Requisition2. Published copies of Notification and public notice2. Published copies of Notification and public notice3. Copy of B.T.R and T.P.extract3. Copy of B.T.R and T.P.extract4.Survey sketch and S.D. records4.Survey sketch and S.D. records

5. Reconciliation statement5. Reconciliation statement6. Objection Petitions, if any.6. Objection Petitions, if any.7. Report of enquiry u/s 5A7. Report of enquiry u/s 5A8. Confidential report on objectionable elements8. Confidential report on objectionable elements

270 days270 days– DD published.DD published.

– Valuation Completed.Valuation Completed.

Send BVR for Send BVR for approval.approval.

300 days300 days– BVR approvedBVR approved

Send DVS for Send DVS for approval.approval.

330 days330 days

– BVR and DVS approvedBVR and DVS approved

Issue notices for Issue notices for award enquiry.award enquiry.

390 days390 days

– Award enquiry conducted.Award enquiry conducted.– Award passed.Award passed.

Issue notices for Issue notices for Taking possession of Taking possession of the land.the land.

420 days420 days

– Award passed.Award passed.– Notices for taking possession Notices for taking possession

issuedissued

Land Handed over.Land Handed over.

Compensation Compensation given.given.

LAR filed.LAR filed.

Award cannot be modified.Award cannot be modified.After passing the award the LAO is After passing the award the LAO is

not competent to amend the not competent to amend the award or pass supplementary award or pass supplementary award.award.

But he can correct any clerical or But he can correct any clerical or arithmetical errors or other arithmetical errors or other mistakes or omissions apparent mistakes or omissions apparent from the face of the records.from the face of the records.

The correction should be within 6 The correction should be within 6 months and before making a months and before making a reference under section 18.reference under section 18.

Role of requisitioning Role of requisitioning departmentdepartment

RD is doing the work as RD is doing the work as agents of agents of requisitioning requisitioning Authority…..Authority…..

But the role of RA is as But the role of RA is as much or more than much or more than that of RD…..that of RD…..

Within 30 Within 30 days.days.

Sanctioning Urgency.Sanctioning Urgency.Sanctioning Urgency.Sanctioning Urgency.

PERT- MethodPERT- Method

Project Evaluation Review Project Evaluation Review TechniqueTechnique

460 days to complete all the 460 days to complete all the 32 activities………….32 activities………….

Concern of the land owner..Concern of the land owner..

1.1. How much of my land is How much of my land is acquired……..?acquired……..?

2.2. When the land is acquired……….?When the land is acquired……….?

3.3. Is there any reasonable Is there any reasonable compensation……….?compensation……….?

4.4. When will I get the When will I get the compensation…………?compensation…………?

5.5. How will I get the How will I get the compensation……….?compensation……….?

DANGERDANGER

DENOVADENOVADENOVADENOVA

DENOVA..DENOVA..LA steps will fall denova if,LA steps will fall denova if,

1.DD is not passed within 1.DD is not passed within one one yearyear after publication of 4(1) after publication of 4(1) notification….notification….

2.Award is not passed within 2.Award is not passed within two yearstwo years after publication of after publication of DDDD

Planting of alignment stones if Planting of alignment stones if there is protest.there is protest.

1.1. Plant Alignment stones Plant Alignment stones immediately after the publication of immediately after the publication of 6(1) and mark the position of the 6(1) and mark the position of the stones in the alignment sketch and stones in the alignment sketch and get it approved by RA. get it approved by RA.

This proces should be jointly done by This proces should be jointly done by RARA and and LAOLAO

1.Conduct 1.Conduct surveysurvey

After 6(1)After 6(1)After 6(1)After 6(1)

1. Prepare the list of 1. Prepare the list of structures and structures and

send it for send it for valuationvaluation

2.Prepare the SD 2.Prepare the SD records and get it records and get it approved.approved.

Conducting surveyConducting survey

1.1. There should be advanced tour There should be advanced tour programme for surveyors.programme for surveyors.

2.2. Assign specific target for surveyors.Assign specific target for surveyors.

3.3. Review the work diary of surveyors Review the work diary of surveyors and send it to DD Survey.and send it to DD Survey.

4.4. Send the sub division records for Send the sub division records for approval.approval.

LACMLACM

POST AWARD ACTIONPOST AWARD ACTIONPOST AWARD ACTIONPOST AWARD ACTION

Post award actionPost award action1- LAO fill up all the relevant colums 1- LAO fill up all the relevant colums

in the LACM and in the LACM and 9(2) notice as per 9(2) notice as per S&B Act is publishedS&B Act is published in the in the Gazette to receive any objections Gazette to receive any objections regarding survey details.regarding survey details.

2. 2. Send notice in Send notice in form 14form 14 to the Sub to the Sub Registrar under registered post.Registrar under registered post.

3.Send the Award, LACM, Sketch, sub 3.Send the Award, LACM, Sketch, sub dvn. statement( All in duplicate) dvn. statement( All in duplicate) to Tahsildar and he sends one to Tahsildar and he sends one copy to VO to effect changes in copy to VO to effect changes in Village Records . Village Records .

Post award actionPost award actionAt the Village OfficeAt the Village Office

1- V.O makes Changes in FMB, 1- V.O makes Changes in FMB, ThandapeRegister, BTR,Puramboke ThandapeRegister, BTR,Puramboke Register,- and Kooduthal Kuravu Register,- and Kooduthal Kuravu Register. Register. ( The LAO may send a ( The LAO may send a surveyor from his office to make surveyor from his office to make changes in the FMB)changes in the FMB)

2. 2. If the land is for Govt purpose(PWD)If the land is for Govt purpose(PWD) Kooduthal Kuravu statement should be Kooduthal Kuravu statement should be

prepared for approval by prepared for approval by RDO/Jamabandhi Officer.RDO/Jamabandhi Officer.

The entries should be made in the The entries should be made in the Register as PWD Puramboke.Register as PWD Puramboke.

3.If the land is for Self Governed Bodies3.If the land is for Self Governed Bodies TR should be conducted and Basic tax TR should be conducted and Basic tax

should be realised.should be realised.

Post award actionPost award actionAt the Taluk OfficeAt the Taluk Office

1- After getting report from VO 1- After getting report from VO tahsildar make changes in the tahsildar make changes in the Taluk Land records and he fills up Taluk Land records and he fills up columns 27 to 31 in the LACM and columns 27 to 31 in the LACM and returns to LAO.returns to LAO.

Post award actionPost award actionAt the LAO OfficeAt the LAO Office

1.1. After getting the LACM and after After getting the LACM and after the expiry of 3 months after the expiry of 3 months after publication of 9(2) , the LAO publication of 9(2) , the LAO publish the final survey publish the final survey notification u/s 13 of the S&B Act. notification u/s 13 of the S&B Act. In the Gazette,and Village Office. In the Gazette,and Village Office.

Get the publication report from VO.Get the publication report from VO.

1.1. Send the completed LACM to Send the completed LACM to District colector to decide the LA District colector to decide the LA file as R: Dis.file as R: Dis.

Land Acquisition Act-1894

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