Govt issues notification to frame rules for Act regarding land acquisition, compensation
Sanjeev K Sharma
JAMMU, June 26: Revenue Department of J&K Government proposes to frame rules for “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013)” and a notification in this regard has been issued.
The notification stated that whenever land in any area is required or likely to be required for public purpose, the Requiring Body or its authorized representative, for whom land is to be acquired shall file the request to the concerned District Collector (Deputy Commissioner) in prescribed Form along with Detailed Project Report, sanction letter of project, details of the land required along with map of the area, information about the classification of land i.e., irrigated multi-cropped, single cropped, wasteland (if available) etc besides any other information required by the Collector.
Also the Requiring Body shall also deposit minimum amount of Administrative Cost of acquisition of land with the Collector along with the Requisition.
The notification further stated that the Collector will inform the Requiring Body to deposit the estimated cost of the acquisition in this office within a period as may be specified by him and the Requiring Body shall deposit the same within that period without which the process under the Act may not continue.
The Requiring Body shall deposit the balance cost of acquisition after final estimation is prepared by the Collector and, if any, excess amount is awarded by the authority or a competent court, the same shall also be deposited by the Requiring Body to the Collector as and when required and the Collector in turn shall deposit the cost of acquisition in the relevant account.
Upon receipt of the report of Collector, the District Collector shall issue a notification regarding the commencement of the Social Impact Assessment (SIA) study and same shall be made available in the local language to the Panchayat/Municipality or Municipal Corporation, as the case may be, and in the office of District Collector, Sub Divisional Magistrate, Tehsil of the affected area.
The Requiring Body shall appoint representatives competent to take decisions and negotiate terms and condition of Compensation, Rehabilitation and Resettlement and the representatives shall remain present in the meetings with affected land owners for obtaining the consent and reply to the queries raised by the land owners.
The Requiring Body shall provide all the information on the project, prior to the taking of consent as well as any additional information, if required.
The Government shall examine the SIA report, the recommendations of the Expert Group and the report of the Collector, if any, in accordance with the Act (Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013) and decide such area for acquisition which would ensure minimum displacement of people, minimum disturbance of the infrastructure, ecology and minimum adverse impact on the individuals affected.
Upon receipt of a report of the Collector as provided after disposal of objections, a declaration for acquisition of the land under the Act along with the summary of the Rehabilitation and Resettlement Scheme shall be issued by the District Collector/Government.
Provided that no such declaration shall be made unless the Requiring Body has deposited 80 per cent towards the cost of acquisition of the land as per the procedure as provided.
In public Private Partnership Projects and projects by private companies, a list of all affected land owners from whom consent is required to be obtained shall be drawn up by the Collector in consultation with the SIA team.
The Administrator shall be appointed by the Government as per the provision of the Act to conduct a survey and undertake a census of the affected families within a period of two months from the date of publication of Preliminary Notification.
The rules empower authorities like Collector Land Acquisition for Land Acquisition Award amounting up to Rs. one crore, Deputy Commissioner for amount up to Rs. 20 crore, Divisional Commissioner for Rs. 40 crore, Financial Commissioner, Revenue up to Rs. 60 crore and beyond that to Government (in Revenue Department).
The amount may increase or decrease as may be notified by the government from time to time in the official gazette and the District Collector shall hold Collectors meeting on fortnightly basis to discuss the rates of compensation prepared by the Collector strictly as per the provisions under the Act and record note of each meeting shall be maintained in District Collector’s office and a copy attached with each case.
The rule stated that the limits of the extent of land referred to shall be 20 hectares (400 kanal) in urban areas and 40 hectares in rural areas.
The land acquisition shall not exceed 15 per cent of the net present cultivable area in the UT and the limits in the districts shall be prescribed by the District Collectors concerned as contemplated under the Act subject to any further notification by the government.
Where the land proposed to be acquired is equal to or more than 100 acres, the government shall constitute Rehabilitation and Resettlement Committee at Project Level as provided under the Act.
The Government shall establish by notification one or more authority known as Land Acquisition, Rehabilitation and Resettlement Authority in the Union Territory of Jammu and Kashmir to exercise jurisdiction powers and authority conferred on it by or under the Act provided that till such an Authority is established, the government with the concurrence of the High Court of J&K and Ladakh may declare courts of District Judges/ Additional District Judges to act as the Land Acquisition, Rehabilitation and Resettlement Authority.
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