government of andhra pradesh · 2017-05-19 · government of andhra pradesh water resources...
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Government of Andhra Pradesh Water Resources Department, Vijayawada
Proceedings of the Commissioner, R&R Present: Suit G. Rekha Rani, I.A.S.
Rc.No.532/CRRIA/2017 dt: 12-05-2017
Sub:- Land Acquisition - AP Capital City Development Project Acquisition of Ac. 35.9550 cents in Sakhamuru (V), Tullur(M), Guntur District - Approval of R&R Scheme under section 18 of RFCT LARR Act, 2013 - Orders issued - Regarding.
Read: District Collector, Guntur District, Rc.No.G 1/5790/2015, Dt:27-04-20 17.
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ORDER:
In the reference read above, the District Collector, Guntur District has stated that vide
Rc.No.251/2016/G1-5790 (SKMR), Dt:22-03-2016 and 04-04-2016 issued notification U/s 4(1) of the LA R&R Act, 2013, for commencement of consultation and for conduct of Social Impact
Assessment Study in respect of lands proposed for acquisition in Sakhamuru(V), Thullur(M). The EPTRI, Gachchbouli, Hyderabad which was appointed by the Commissioner, R&R for
conduct of SIA, submitted final SIA report duly conducting public hearing. The Expert Committee gave its opinion and a decision was taken for acquiring the lands for construction of Capital City Development Project which is for public purpose. Accordingly issued proceedings on 28-11-2016 expressing the intension of the Government to acquire the lands in the extent of Ac.40.91 16 cents for construction of Capital City Development Project. After exclusion of land
covered by land pooling, Preliminary Notification was given to Ac.39.1150 cts. Subsequent to
Preliminary Notification, i.e., on 02/03/2017 Sri Kommineni Koteswara Rao of Thullur(V), entered into 9.14 agreement covering an extent of Ac.3.16 cents. Hence the extent for acquisition has become Ac.35.9550 cts. The Project Administrator and Joint Collector, Guntur got the Socio
Economic Survey conducted and prepared draft R&R Scheme duly conducting public hearing as per the requirement of Section 16 of LA R&R Act, 2013.
The District Collector has informed that there are 10 private utilities coming under Acquisition. There are 4 RCC houses, I cattle shed are being affected due to Land Acquisition.
There is displacement of 7 residential houses and hence alternative R&R site is being selected. The Project Level R&R Committee was formed under the Chairman-ship of the District Collector to monitor and review the progress of implementation of the R&R Scheme as per Section 45 of the LA R&R Act, 2013.
The District Collector has also informed that during the Socio Economic Survey
conducted, 7 Project Displaced Families (PDFs) are found to be rehabilitated. The Project Level R&R Committee has resolved on 21.04.2017 that the PDFs and those who are not
landowners, but depending upon the land under acquisition shall also be identified during the award enquiry. It resolved to extend the following entitlements under R&R to the project affected families as per norms prescribed under LA R&R Act, 2013.
i). Offer for developed land ii). Choice of employment/cash grant/annuity iii). One time resettlement allowance. iv). To conduct negotiations as per G.O.Ms.No.153, MA&UD(CRDA.2)Dept,
dt: 19.04.2017.
(P.T.0)
It is further reported that out of 38 Project Affected Families, only 7 attended for Socio Economic survey and out of 7 displaced families all the 7 families attended for Socio Economic Survey held in the village but they did not opt for the above entitlements. The remaining
families did not attend either for Socio Economic Survey or for the hearing of draft R&R Scheme, and some of them are residing elsewhere. Since all the stake holders in this Land Acquisition have not fully cooperated for conduct of Socio Economic Survey and R&R, their claims for compensation and R&R entitlements would be settled during the Award enquiry uls 23 of the LA R&R Act, 2013. The total amount under R&R Compensation is as noted below.
P1)Fs
a. 7X5.O0Lakhs = b. 7X0.50 Lakhs =
c. 7X0.36 lakhs = d. 1XO.25 lakhs = e. 7X0.50 lakhs =
PAFs
a. 38X5.O0Lakhs = b. 38X0.50 lakhs =
Total =
Rs.35.00 Lakhs towards cash grant. Rs. 3.50 Lakhs towards one time
Resettlement allowance Rs.2.52 lakhs towards subsistence grant. Rs.0.25 lakhs towards cattle shed cost. Rs.3.50 lakhs towards transport cost
Rs. 1.90 crores towards cash grant. Rs. 19.00 lakhs towards one Resettlement allowance
Rs.253.77 Lakhs
In the circumstances stated above and as per section 18 of RFCT LARR Act 2013, the Draft R&R Scheme as recommended by the District Collector is hereby approved and enclosed. The District Collector, Guntur District is requested to publish the approved R&R Scheme along with PDF name and Aadhar no and his R&R entitlements in the local language in the Village/Panchayat and in the offices of the District Collector, Sub Collector/RDO, Tahsildar and also in the affected areas and also upload on the website of the appropriate Government i.e., District Collector, Guntur and APCRDA, Vijayawada. The District Collector is also requested to give an opportunity to the PAFs/claimants during award enquiry and extend R&R entitlements as per the provisions of LA, R&R Act 2013.
End: R&R Scheme
Sd/-G.Rekha Rani, Commissioner,R&R
I/Th.F.B.O//
Offijjfnt
To,— e District Collector Guntur District.
Copy to the Commissioner, APCRDA, Vijayawada for information.
DRAFT REHABILITATION AND RESETTLEMENT SCHEME - SAKHAMURU
Project Description:
The Government of Andhra Pradesh under section 43(5) of AP CRDA Act, 2014 have
directed the AP CRDA to undertake development scheme through voluntary Land Pooling in
the Capital City area. Accordingly, keeping the requirements in implementing the final
Master Plan for Capital City area, the Authority sanctioned Land Pooling Development
Schemes under section 43 of the AP CRDA Act, 2014. The Capital City Development Project
was prepared under section 44 to 48, 53, 56 and 57 read with Rule 9 & 10 of AP Capital City
LPS (F&l) Rules, 2015.
Nd frr I f
An extent of Ac. 1523.00 cents is the area of the LPS Development Scheme in
Sakhamuru, out of which an extent of Ac. 33.87 cents is demarcated as village site /
extended habitation, An extent of Ac. 70.04 cents is Government lands and balance lands
are required to be procured / acquired. An extent of Ac. 1383.1350 cents were procured
under Land Pooling Scheme duly entering into development agreement and decided to
acquire an extent of Ac. 35.9550 cents is required for executing the development plan and
hence decided to be acquired under LA, R&R, Act, 2013. Any land required for in any
development plan can be acquired by Government as per Section 126 of AP CRDA Act, 2014
read with LA, R&R Act 2013 and the same can be included in the development scheme
under rule-9 of the AP Capital City LPS (F&l) Rules, 2015.
LA Process:
On the requisitions made by Commissioner, AP CRDA, the District Collector, Guntur
notified the area of an extent of Ac. 59.5250 cents under section 4(1) of the LA, R&R Act,
2013 for commencement of consultation and of the Social Impact Study. The notification
was approved vide proceedings Rc.No.251/2016/G1-5790(SKMR), dated: 22.03.2016,
04.04.2016 and 10.05.2016 of the District Collector, Guntur and was published in Grama
Panchayat Sakhamuru, 0/0 The District Collector, Guntur, 0/0 The Revenue Divisional
Officer, Guntur, 0/o The Tahsildar, Thullur, 0/0 The Sub - Registrar, Tadikonda on
22.03.2016, 04.04.2016 and 10.05.2016 respectively, and in the website of the District and
AP CRDA vide : www.guntur.nic.in www.crda.ap.gov.in
Appraisal on SIA:
The EPTRI Gachchibouli, Hyderabad was appointed by Commissioner, R&R for
conducting SIA report. The SIA team has conducted Gramasabha on 09.08.2016 explaining
provisions of SIA and informing about commencement of conduct of SIA in the LPS area. The
draft SIA report was prepared and placed before Gramapanchayat and circulated to all
concerned and conducted public hearing calling suggestions and views of the public to be
added in the final SIA. The SIA report and the minutes of the public hearing were published
in Grama Panchayat and locality on 11.08.2016 and in the website of the District and AP
CRDA vide: www.guntur.nic.in www.crda.ap.gov.in .
The SIA report was placed before the expert committee and expert committee has
given its opinion I recommendations on 22.10.2016 and the same were published in GP
Office, and other Localities and website of the District and AP CRDA vide: www.guntur.nic.in
www.crda.ap.gov.in. The Land Acquisition officer, Sakhanuru submitted report as required
under Section 8(2) of LA R&R Act, 2013 vide Rc.10/2015, dated: 18.11.2016.
Decision for LA:
The appropriate Government / District Collector, Guntur after examining the SIA
report, expert report, LAO report and the material available on record decided that the land
under acquisition is for a public purpose, the area under acquisition is the bare minimum to
be acquired for the project, there is no other alternative land available fit for the purpose,
and the project is viable and the balance of food security would be properly taken care of by
the Government and notified the area under section 11(1) of the LA, R&R, Act, 2013 vide his
proceedings Rc. 5790/2015/Gi, dated: 05.01.2017 for an extent of Ac.39.115 and the same
was published in G.P and locality on 07.01.2017, Eeenadu Newspaper, dated : 07.01.2017,
Vaartha Newspaper, dated : 07.01.2017 and in District Gazette No.4, dated:
09.01.2017 and in website of the District and AP CRDA vide : www.guntur.nic.in
www.crda.ap.gov.in. After publication of 11 (1) Notification, an extent of Ac.
3.16 cents has been procured under L.P.S.
Conduct ofSES:
The Joint Collector & Addl. District Magistrate, Guntur was designated as project
administrator vide G.O.Ms. No. 1 Revenue (LA) Department, dated: 02-01-2015 under
section 43(1) of the LA, R&R, Act, 2013. The Joint Collector vide proceedings
Rc.G1/5790/2015 dated: 25.01.2017 appointed R&R Committee for conducting census of
the affected families to ascertain
a) Particulars of lands and immovable properties being acquired of each affected family
b) Livelihood lost in respect of land losers and land less whose livelihoods are primarily
dependent on the lands acquired.
c) A list of public utilities and Government building which are affected or likely to be
affected, were resettlement of affected families are involved.
d) Details of amenities and infrastructure which are affected or likely to be affected,
where resettlement of affected families involved and
e) Details of any common property resources being acquired.
The Socio Economic Survey enumeration data enclosed in Statement-A and Statement-
B.
PAFS / PDFs:-
Due to land acquisition covered by this notification there are 7 displaced families to
be rehabilitated and resettled. There are 38 estimated interested persons. As the
landowners have not fully cooperated for the conduct of Socio Economic Survey, claims for
compensation and R&R entitlements would be settled by conducting award enquiry and by
passing LA compensation and R&R Awards under section 23 of the LA R&R Act, 2013.
Rehabilitation and Resettlement Scheme Committee Member of Sakhamuru village
SLNo Description of the Committee Member Name of the Committee Member 1 2 3
1 Chairman for Rehabilitation and Resettlement Sri KaniiIal Dande, lAS., Collector& Dist. Committee Magistrate, Guntur
Smt. Pusuluri Lakshmi W/o Venkatapathi Rao,
2 A representative of women residing in the affected area: Sakhamuru village
i(SC) Sri. Valaparla Vijendra Rao S/o Prabhakara
A representative each of the scheduled Castes Rao, Salchamuru village.
3 and the Scheduled Tribes residing in the
2. (ST) Sri. Meda Venkata Nagulu Sb affected area:
Venkatcswarlu, Sakhamuru village.
Sri Inampudi Chalapathi Ran, Surya Apartments,
4 A representative of voluntary organization Near Manipal Hospital, Vijayawada ofinampudi working in the area Nageswara Rae, Sree Ravamma Charitable trust,
Nclapadu.
5 A representative of Nationalized Bank Branch Managar, M.V.Narasimha Rao, Indian Overseas Bank, Thullur Village.
6 The Land Acquisition Officer of the project. LAO & Dy.Collector, Unit.19, Sakhamuru village.
The Chairperson of the Panchayats or Sri Thummuru Vara Prasad Reddy S/o Seshi Reddy, 7 municipalities located in the affected area or Sarpanch, Grama Panchayat,
their nominees Sakhamuru Panchayat.
8 The Chairperson of the District Planning
District Collector, Guntur. Committee or his nominees:
The Member of Parliament and Member of the 1) Sri Galla Jayadev, M.P., Guntur.
9 Legislative Assembly of the concerned area or 2) Sri Tenali Sravana Kumar, M.L.A.,
their nominees: Thadikonda Assembly Constituency.
10 A representative of the Requiring Body Sri Ch.Mohana Rao, Director (Estates), APCRDA,Vijayawada.
11 Administrator for Rehabilitation and Snit Kritika Shukla, lAS, Joint Collector, Guntur Resettlement as the Member- Convenor. District.
The following issues have been identified during the course of Socio Economic Survey in the
village.
Seven displaced families vide SLnos 18,19,20,21,23,24,25 in Sy.No 107 and 108
requested for alternative land adjacent to village. One individual vide Sl.no 23 in
Sy.No 108-2 requested for sanction 4 houses and for compensation for all structures
therein.
> One individual vide Sl.no 26 requested for survey of land falling out side Ri Zone.
> Five individuals vide Sl.nos 3,4,9,10,11 requested to exempt lands under village site
in Sy.No. 45-Bof the village.
> Six individuals vide Sl.nos 32,33,34,35,36,37 requested to finalise their claims in
Sy.no.144 as it is old village site as per R.S.R.
Compensation Matrix under LA R&R Act, 2013:
Market value as specified in the Indian Stamp Act, 1899 for the registration of sale deeds or
average sale price for similar type of lands situated in the vicinity area.
> Average sale price will be arrived at duly taking the 3 years sales statistics
immediately preceding 3 years of the date of 11(1) notification, arrange
similar type lands into separate blocks viz., Agricultural Dry /Wet Lands,
non-agriculture and workout per acre values, arrange in descending order
of the value of the land, take 50% of the highest sales and calculate the
average.
> Basic value or average sale value whichever is high may be taken as Market
Value.
The Market Value to be multiplied with 1.25 in rural areas
Calculate structure value / tree value duly evaluated by experts of the
Department.
> Add solatium of 100% on Market value + value of the structure / trees
> 12% Additional Market Value on Market Value is payable from the date of
11(1) notification till passing of the Award.
)> Damages if any during survey or due to any other cause shall be paid
additionally.
Dissatisfied with the Market Value fixed by Land Acquisition Officer, the
Interested person may make an application for Negotiations before the
District Collector and on merits the District Collector may propose a
consent value for which the State Level Committee may approve (vide
G,O.Rt.No. 492, Revenue (LA) Department dated: 25-04-2016)
R&R Entitlement Matrix:
SI. Element of R&R Entitlement Provision
No. Project Constructed house as per lAY
1. Housing Unit (Rural) Displaced specifications.
family (PDF)
Houseless Constructed house as per JAY
family specifications.
Project Constructed house with 50 Sq.Mts
2. Housing Unit (Urban) Displaced plinth area
family (PDF)
Houseless Constructed house with 50 Sq.Mts
family plinth area
NB: Entitlement loss of a residential house. No family shall get more
than one house.
20% of the developed land
3. Offer for developed
PAF / PDF proportionate to share of the
land landowners on payment of LA and
R&R Cost and development costs.
Skill Development trainings to
Choice of Employment not lower than with
4. employment / cash PAF / PDF minimum wages or onetime
grant! annuity. payment of 5 Iakhs or payment of Rs.
2,500/- per month per family for 20
years
5 Subsistence grant if
PDF Rs. 3000/- per month for a period of
settles in R&R Colony one year.
Transportation Cost Rs. 50,000/-
6. if settles in R&R PDF
Colony
For construction of Rs. 25,000/-
7. Cattle Shed / Petty PDF
Shops in R&R Colony
One time grant to Rs. 25,000/-
artisan / small 8
traders / self PDF
employed
One time Rs. 50,000/-
9. resettlement PDF / PAF
allowance
NB: Three years residence as on the date of 4(1) notification and loss
of livelihood determines the R&R entitlements.
SI. Category o f Eligibility for R&R Claim as
R&R Provision as per R&R Proposed No. Impact entitlement
per R&R the LARR Act scheme
Matrix
Title holder of a There are 7 - Loss of Displaced Family Provision of project displaced
Constructed House as 1.
Residential whose residential Housing Unit families. May be
Structure structure is lost i n case of per lAY Specifications
(Or) Equivalent Cost offered to the
due to acquisition. displacement project displaced
families. This provision applies
Loss of Project affected Minimum of 1 Acre of only to irrigation
2. Livelihood families
Land for Land Land in command projects. Hence this
area claim does not arise in this project.
Reservation of 20%
developed land
proportionate to area
Offer for acquired on payment of
Maybe offered to
3. Loss of Project affected
developed Cost of LA and Cost of
the project livelihood families Development. The
land amount maybe affected families
deducted from
copensation for land acquisition
7 project
Loss of Subsistence Rs. 3000 X 12 Months displaced families.
4.
Livelihood Displaced family
grant = Rs.36,000/- May be offered
to the project
displaced families.
- T 7 project
displaced
5, Loss of
Displaced family Transport Cost Rs. 50,000/- families. May be Structure
offered to the
PDFs.
Rs. 25,000/- for Loss of Cattle Shed One cattle shed.
6. Structure
Affected family reconstruction May be provided.
One Time No artisans, small
Grant to traders or self
7. Loss of
Affected family artisans / small Rs. 25,000/- employed. So the livelihood
traders / Self claim does not
Employed arise.
- The provision
Loss of One Time should be included
in the R&R scheme 8. land/structure/I Affected family Resettlement Rs. 50,000
for payment to ivelihood Allowance project affected
families.______
Fishing Rights in
9. Loss of
Affected family Fishing Rights Reservoirs Does not arise. livelihood
10.
a)Skill Development
trainirigs to
Choice of Employment not lower Maybe included
Employment/c than with minimum in scheme of R&R
ash wages or as per the options
Loss of livelihood
Affected Family grant/Annuity
in case of loss (b)onetime payment of which will be
of livelihood 5 lakhs (or) c)payment
of Rs. 2,500/- per month exercised by the
PAF per family for 20 years.
REHABILITATION AND RESETTLEMENT SCHEME ESTIMATES:: SAKHAMURU (V)
Land Acquisition Case No. : 10/2015/SKMR-LA
I Name of the Project : Capital City Development Project
2 Number and date of the declaration
under which the land is to be acquired
3 Name of the District / Mandal / Village : Guntur / Thulluru / Sakhamuru
4 No. of Survey Numbers/sub division 33 involved in LA
5 Extent of Land under Acquisition : Ac. 35.9550 Cents
6 Name / Names of persons interested in the lands and the nature of their respective claim for
rehabilitation and resettlement : SES statement enclosed.
Project Admiriistratbr & Joint Collector, Guntur,
Sd/-Q.ekha Rani, Commissioner,R&R
T. B .0/I
Office ri'7