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STEPS INVOLVED IN ACQUISITION OF LAND FOR PUBLIC PURPOSES AS PER THE PROVISIONS OF THE LAND ACQUISITION ACT

1894, READ WITH KARNATAKA LAND

ACQUISITION RULES 1965

ByV.Ramanna K.A.S

Faculty

Reasons for acquisition: Without land No development.Land required for :construction of dams for Irrigation, Hydro energy and water supplyConstruction of : Railways, Highways, Airports,

Transmission Lines, Irrigation canal, Construction of new ports,

towns subways, Metro ways, Roads Bridges Housing projects

etc.,

When the land owners agree to part with the lands, lands can be

purchased directly. When the owners do not wish to part with

the lands, left with no option resort to LAQ Act is inevitable.

Land Acquisition is a process involving three authorities-Acquiring Body- one who requires the landThe processing Body- the authority which is empowered to acquire the lands required by the Acquiring body.

The land owners : who have got absolute right over the lands being

acquired.

Steps involved in the land Acquisition :

1.DETERMINATION OF THE EXTENT AND PARTICULARS OF THE LANDS TO BE

ACQUIRED2. DETERMINATION OF COMPENSATION 3. Payment of Compensation to the owners4.Taking possession of the lands acquired.

5.Payment of excess compensation as per court order

to the land owners who have approached Court on appeal

DETERMINATION OF THE EXTENT AND PARTICULARS OF THE LANDS TO BE

ACQUIRED :1. Requisition from the acquiring body to

the jurisdictional deputy commissioner. Ifthe acquiring body is a governmentdepartment no permission from thegovernment is necessary. But if theacquiring body is a company, priorpermission be obtained from thegovernment before issue of 4(1)notification.

2. The acquiring body shall send the proposal along-with allthe connected documents pertaining to the lands to beacquired to the Deputy Commissioner.

3. The deputy commissioner sends the proposal to thejurisdictional land acquisition officer (sub divisionalassistant commissioner). The special land acquisitionofficer, as the case may be). The concerned landacquisition officer (L.A.O.) shall scrutinize all thedocuments and conduct spot inspection to know thedetails such as the standing trees, buildings etc. He alsoshall send the same to the surveyor and the revenueinspector to submit the proposal in 4(1) Notification pro-forma describing the boundary limits, survey number,type of land, extent of land, developments existing on theland such as building, trees, wells, standing crops etc.,The report shall also contain whether the land has beentaken to possession by the acquiring body, if takenwhether an inventory to that effect has been prepared.

4. Based on the report submitted by the Surveyorand the Revenue Inspector, the L.A.O., shallprepare the draft 4(1) notification and submitthe same to the Deputy Commissioner along-with the latest copies of land records.

5. The Deputy Commissioner after scrutiny,accord permission to issue 4(1) Notification.The notification as approved by the DeputyCommissioner shall be published (i) in theofficial gazette (ii) two local newspapers (iii) inthe village chavadi. (iv) the copy shall also beserved on the land owner as mentioned in the4(1) notification.

6. As per 4(1) notification 30 days time isgiven to the public to file objections ifany, in writing to the LAO / DeputyCommissioner.

7. If no objections are received within thestipulated time limit, the LAO shallsubmit a report to the Government inRevenue Department seeking directionsas per section 6(1) (a) of the Act toproceed further.

8. In the meantime, records i.e., a copy ofthe 4(1) notification and the land recordsshall be sent to the Survey Authorities forjoint survey. The joint survey shall beconducted by the Survey authorities in thepresence of the acquiring body and theland owner.

9. The Survey authorities shall submit thejoint measurement report (JMC) with in aperiod of 2-3 months to the L.A.O.

10. It is always advisable : (i) to send therecords for JMC, to the survey authoritiesas soon as a report is submitted to theGovernment seeking directions undersection 6(1) (a) as this would give moretime for joint measurement. (ii) to conductspot inspection by the L.A.O., beforesubmitting proposal to the Government forfinal notification under section 6(1)

11. After the receipt of the directions undersection 6(1)(a) from the Government andthe duly attested JMC report from theSurvey authorities, the L.A.O. shall submita report to the Government along-with allrecords and draft 6(1) notificationrequesting the Government to accordapproval for final notification under section6(1) of the Land Acquisition Act. TheGovernment after due verificationapproves the 6(1) notification.

12. Please remember that land acquisitionprocess is time-bound. Final notificationunder 6(1) shall be issued within one yearfrom the date of publication of the 4(1)notification. (For determining the date ofpublication of 4(1) notification, the latestdate among the following shall be the dateof publication of 4(1) notification: (i) dateof publication in the official gazette (ii) dateof publication in two local news papers. (iii)date of publication in the village chavadi(iv) date of service of 4(1) notification tothe land owner)

13. If objections are received against theacquisition of land, an inquiry shall beconducted by the L.A.O. under section 5(a)of the Act. While conducting an inquiry,opportunity of being heard shall be givento the concerned and proceedings shall bedrawn. The L.A.O. shall submit theproceedings along-with his report to theGovernment while seeking directions undersection 6(1) (a). Government will takeappropriate decision on the reportsubmitted by the L.A.O. and issuedirections accordingly.

DETERMINATION OF COMPENSATION

1. The 6(1) notification as approved by the Government shall bepublished : (i) in the official gazette. (ii) two local newspapers. (iii)village chavadi, (iv) served on the land owner. (Of the four, thelatest date shall be taken as the date of publication of the 6(1)notification. Within a period of two years from this date,compensation award shall be approved by the competent authority.

1a. Cost of Acquisition shall be borne by the Acquiring Body and shalldeposit the amount with the LAO.

2. (If the award amount is less than Rupees One crore, the DeputyCommissioner of the District is the competent authority, exceedingone crore and up to 5 crores, to approve the award RegionalRevenue Commissioner is the Competent Authority and exceedingRupees five crores, Government shall be the competent authority toapprove the award).

3. Before determining the quantum of compensation,the affected as well as interested parties viz., the landowners or claimants shall be heard. For this notice shallbe issued to all such persons and their statements, ifany, be recorded.

3a. That apart, inspection of all the lands in questionfor which compensation is to be determined beconducted by the L.A.O., and views and opinions of theadjacent land holders and the owners of the lands inquestion be recorded on the spot. Further, the locationdetails of the lands- the type of soil & land, irrigationfacilities, proximity of lands to the roads-village RoadMDR, State High way, National HW,-to the village,Town, City, etc., also be recorded. This shall make apart of the draft award. (Section 9 and 10 of the Act)

3. There after, the L.A.O. shall determinethe quantum of compensation to be paidin respect of each and every SurveyNumber and each and every land holderby following (i) sales statistics method orby capitalization method. In either of thecases, the sales statistics and the acreageyield particulars will have to be obtainedfrom the concerned authorities. Based onthe above information and facts, theL.A.O., shall determine the quantum ofcompensation for all the lands assigningreasons. (Section 11 of the Act)

4. If structures, valuable forest trees, (malki)horticulture trees/crops, wells (open wells ortube wells) etc., are present on the land, thevaluation report in respect of these items shallbe obtained from the appropriate authoritiesand they shall become part and parcel of theaward.

5. Based on all the above facts and figures, theL.A.O., shall prepare a draft award and submitto the appropriate authority for approval.While writing the award, the L.A.O., shallnarrate all the events that have taken placeright from the requisition from the acquiringbody, till the preparation of the draft award.

and submit the same to the appropriate authoritiesalong-with all the documents viz (1) requisition from theacquiring body, (ii) copies of 4(1) and 6(1) notifications,(iii) statements recorded as per sections 9, 10 and 11,(iv) spot inspection report, (v) sales statistics, (vi) theacreage yield details from the appropriate authorities,(vii) land records (viii) J.M.C. report etc.,

6. The Deputy Commissioner or RRC or the Government,as the case may be, shall approve the award as persection 11 and 12 of the Act. The compensationawarded comprises land value, Development(Malki)value, 30% solatium(sec.23(2), 12% Additional Marketvalue from the date of 4(1) (sec.23(1A), 9% interestfrom the date of 4(1),and 15 % interest till the dateof payment of compensation(sec.34).

7. After the award is approved by theDeputy Commissioner or RRC or theGovernment, award notices shall beissued to the persons interested / landowners as per section 12(2) of the Act.

8. Interested persons / land owners receivethe compensation after submitting thedocuments mentioned in the awardnotice.

9. After issue of award notice, the landsacquired shall be taken to possession asper section 16(1) of the Act and benotified in the Official gazette and entryto that effect be made in the landRecords.

10. If the land-lords or the interested persons arenot satisfied with the quantum of compensationand not accepted the same, may by writtenapplication along-with relevant documents to theDeputy Commissioner or the L.A.O. require thatthe matter be referred for the determination ofthe Court. The objections may be, to themeasurement of the land, the amount ofcompensation, the persons whom it is payable,or the apportionment of the compensationamong the persons interested. The applicationshall state the grounds on which objection to theaward is taken. (sec 18 of the Act)

11. Every such application shall be madewithin 90 days from the date of service ofnotice under section 12(2) of the Act. Theapplications so received shall be referredto the Court within 90 days from the dateof receipt of the application. If noreference is made to the Court within 90days, from the date of receipt, theapplicant may apply to the Court, to directthe L.A.O. to make the reference and theCourt may direct the L.A.O. to make thereference within such time as the Courtmay fix. As per the Court orders enhancedcompensation may have to be paid.

12.As per sec.17 of the Act, in case of Emergency,no 5(a) enquiry and on the expiration of 15days from the publication of notice undersection 9(1), the L.A.O. can take possession ofany land needed for public purpose, free fromall encumbrances. However, if there arestanding crops/trees (if any) on the land, cropcompensation is to be paid along-with 80% ofthe compensation for such land.

12.As per sec.28A of the Act, higher compensation awarded by Civil Court, is applicable to all the awardees of that notification even if they have not filed application under sec.18 of the Act and claimed with in 3 months from the date of order of the court.

Drawbacks of the LAQ Act The Public purpose not defined, what is construed as public

purpose by the Govt, is public purpose. Views of the land lords not taken before starting Acquisition Compensation is only to the owners who have absolute &

legal title. Share croppers, tenants, etc not eligible. Payment is only in terms of money. Only Market value is paid but not the replacement value. Acquisition gives rise to complex social and economic

problems. Results in impoverishment of the people. No scope for resettlement or rehabilitation of the Displaced

people.

public purpose for a category of persons may represent trauma of displacement for another category.

Acquisition leads to Landlessness, Joblessness, Homelessness, Marginalization, increased morbidity, Food insecurity, Loss of access to common property, Social disarticulation etc.,

Land acquisition does not take into account escalation in market value between the time of notification and the date of actual possession.

Inability to handle cash compensation by the land owners.

Failure to acquire alternative cultivable lands from the compensation amount paid and alternative livelihoods.

Problems in resettlement areas: resettlement sites are inhospitable and their location is selected without reference to availability of livelihood opportunities.

Multiple displacements. Problems of host communities Revision of the law is needed to provide rehabilitation

and remedy for the attitude towards displacement.

CITY DEVELOPMENT PLAN-JNNURMCASE STUDY OF MYSOREProf. N. Narayana SastryUrban Planning Specialist, UMC, SIUD

CDP Mysore – Broad Contents

CHAPTER 1: BACKGROUND OF MYSORE URBAN REGION

MYSORE – THE CITY Origin of Name History Palaces in Mysore Mysore Dasara Other Attractions of Mysore Economy Connectivity Educational and research institutions Spiritual Tourism


CHAPTER 2: HERITAGE CHARACTERISTICS OF MYSORE Heritage component Architecture styles of Heritage buildings in Mysore Statutory & Legal Framework

Statutes Institutional set-up

Heritage Task Force Heritage strategy

Identification of heritage zones SWOT Analysis Setting out objectives of Heritage Strategy


Setting out activities for tapping the potential Infrastructure Financial Arrangements Financing Plan Action Plan


CHAPTER 3: ANALYSIS OF EXISTING URBAN SITUATION

SUMMARY STATISTICS DEMOGRAPHY

Population Forecast

LAND USE PATTERN Land use (1995) Land use (2001) Land use (2011)

Urban Poor


INSTITUTIONAL RESPONSIBILITY Mysore City Corporation (MCC) Mysore Urban Development Authority (MUDA) The Karnataka Urban Water Supply and Drainage Board

(KUWSDB) Karnataka State Road Transport Corporation (KSRTC) Public Works Department Zoo Authority Department of Archaeology Lake Development Authority Role of Private Sector


URBAN INFRASTRUCTURE SERVICES SERVICE INDICATORS

Water Supply Sewerage Solid Waste Management Roads and transportation Storm Water Drainage Public Health & Stray Animals Public Conveniences Parks, Gardens & Water bodies Naming of Streets & Numbering of Houses Burial grounds & Crematoriums Parking lots Birth & Death Registration Property Register Environmental Services.


MYSORE – A COMPETITIVE IT DESTINATION Key Observations:

CITIZEN CHARTER

INFRASTRUCTURE INVESTMENT IN MYSORE – KUIDP Best Practices Slum Improvement Improvement of Water Supply & Sewerage Networks Outer Ring Road Project Coding


FINANCIAL PROFILE OF MCC Municipal Revenue Income Municipal Revenue Expenditure Municipal Capital Receipts and Expenditure Water-supply & Sewerage Expenditure & Income Cost-recovery in Urban Infrastructure Investments in Urban Infrastructure


CHAPTER 4: DEVELOPMENT OF A VISION FOR MYSORE THE CONSULTATION PROCESS

Stakeholder Meetings Coverage for the CDP

STRENGTHS AND WEAKNESS VISION STATEMENT

Key Elements of Vision And What The Vision DOES NOT Envisage

Key Result Areas General Statement of Objectives – The Vision Statement Specific Objectives

Tourism Wellness Handicrafts/ Sericulture Education Information Technology/ ITeS/Bio-technology


Sector-specific Targets Targets for Water & Sanitation Targets for Urban Roads Targets for Solid Waste Management Targets for BSUP

Quality of Life Ideas

Mapping of Objectives

Project Prioritization


CHAPTER 5 – BASIC SERVICES TO THE URBAN POOR SCENARIO IN KARNATAKA MYSORE SCENARIO PAST RESPONSES HOLISTIC APPROACH Policy of Slum Improvement

CONCEPT & RESETTLEMENT PROPOSAL


GOALS OF BSUP COMPONENT Infrastructure Requirements

Housing Drinking Water Underground Drain Storm Water Drain Street Lighting Roads Community Centre Primary Health Care & IEC Activities Low Cost Sanitation Skill Up-gradation Program


FINANCIAL ANALYSIS Housing Infrastructure Cost Project Cost Beneficiary Contribution


CHAPTER 6 - IMPLEMENTING THE VISION (THE CIP) BASIC FRAMEWORK ASSESSING THE INVESTMENTS REQUIRED

Assumptions for assessment Heritage Conservation and Tourism Water Supply & Sewerage Municipal Solid Waste Management Basic Services to the Urban

Poor Roads Transport Related Infrastructure Urban Spaces Summary of Infrastructure Investments


CHAPTER 7 – FINANCIAL SUSTAINABILITY ANALYSIS MCC financial summary – current Projected receipts and expenditure of MCC The financing plan The institutional reform agenda Urban governance background Conclusions


CONTEXT MYSORE

SUMMARY OF CURRENT SITUATION ISSUES TO ADDRESS

Financial Capacity Building Participatory Governance Land-use & Planning Infrastructure Management Implementation, Sequencing & Prioritization of Reform

Mysore City

Tourist inflow (in lakh)

Share of Mysore in State’s GDP

Mysore City

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