land acquisition rehabilitation and resettlement policy in kerala

KERALAKERALALAND ACQUISITION LAND ACQUISITION

PROCEDURES.PROCEDURES.

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

THE TEAMTHE TEAM

REVENUE

SURVEY R. A

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.

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………

4444thth amendment amendment

LandLand

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…………….

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……….?

Joint site inspection..A fire Joint site inspection..A fire test..?test..?

1.Leadership skills….delegation of 1.Leadership skills….delegation of work.work.

2.Communication skills….2.Communication skills….

3. Team work…..3. Team work…..

Modern Scientific Management of Modern Scientific Management of LALA

Optimum utilisation of RESOURCES.Optimum utilisation of RESOURCES.

Efficiency and Effectiveness. Efficiency and Effectiveness.

TQMTQM

Management Excellence.Management Excellence.

Man Man (80/20) (80/20) Quality.Quality.

Money Time(Fast Money Time(Fast Track&PERT)Track&PERT)

Material Information.Material Information.

Machinery.Machinery.

Methods. Methods.

ObstaclesObstacles1. Protests1. Protests2.Court Cases.2.Court Cases.3.Alignment3.Alignment4.Delay in procedures.4.Delay in procedures.5.Fund5.Fund6.Poor monitoring.6.Poor monitoring.

Optimum utilisation of RESOURCESOptimum utilisation of RESOURCES..

Features of Rehabilitation Features of Rehabilitation and Resettlement Policy.and Resettlement Policy.

All LA Procedures after 13-11-2011 All LA Procedures after 13-11-2011 should according to R& R package.should according to R& R package.

A fast track Mechanism for LA .A fast track Mechanism for LA .If the Land owner do not agree the If the Land owner do not agree the

package normal LA procedure will package normal LA procedure will follow……….. follow………..

Rehabilitation and Rehabilitation and Resettlement Policy.Resettlement Policy.

1. Just and Reasonable compensation to PAP.1. Just and Reasonable compensation to PAP.2.The socio economic status of PAP should 2.The socio economic status of PAP should

not fall below what it was before the not fall below what it was before the acquisition.acquisition.

3. People”s participation should be ensured.3. People”s participation should be ensured.4.Minimum disturbance to the PAP-negative 4.Minimum disturbance to the PAP-negative

effects to be minimised.effects to be minimised.5.Disbursement of compensation before 5.Disbursement of compensation before

taking possession. taking possession.

Principles of Rehabilitation Principles of Rehabilitation and Resettlement Policy.and Resettlement Policy.

1.1.Clearly defined public purpose.Clearly defined public purpose.2.2.There should be a project proposal. LA will commence There should be a project proposal. LA will commence

only after the approval of the project by the High level only after the approval of the project by the High level committee.committee.

3.3.The requisition authority should conduct The requisition authority should conduct Social Impact Assessment.Social Impact Assessment.4.4.The DLPC will decide classification and value of lands. The DLPC will decide classification and value of lands.

Later it will be approved by SLEC.Later it will be approved by SLEC.


5.5.Urgency clause should be invoked in the rarest of rare cases.Urgency clause should be invoked in the rarest of rare cases.6.6.If the acquired land is not utilised within 3 years,RD will take over If the acquired land is not utilised within 3 years,RD will take over

the land and assign it for other public purpose.the land and assign it for other public purpose.7.7.4(1) notification is only after the deposit of 25% of the deposit of 4(1) notification is only after the deposit of 25% of the deposit of

cost.cost.8.8.Compensation= Negotiated price + value of building without Compensation= Negotiated price + value of building without

depreciation.depreciation.9.9.Max. 3 cents land to the families if the salary income is less than Max. 3 cents land to the families if the salary income is less than

75000.75000.10.10.One member of the oustee family will be considered for emloyment. One member of the oustee family will be considered for emloyment.


11. Minimum 6 month house rent( Rs 5000 to the PAF 11. Minimum 6 month house rent( Rs 5000 to the PAF if they have no other houses.) form the date of if they have no other houses.) form the date of taken over or till the compensation is paid taken over or till the compensation is paid whichever is later. Shifting allowance Rs 25000. whichever is later. Shifting allowance Rs 25000. The residential tenants are also eligible. The residential tenants are also eligible.

12.Tenants ( 3 year old occupation) will be paid one 12.Tenants ( 3 year old occupation) will be paid one time allowance.time allowance.

13 .Small scale Commercial tenants are also eligible 13 .Small scale Commercial tenants are also eligible for assistance up to Rs.2,00,000. Rs 6000 to two for assistance up to Rs.2,00,000. Rs 6000 to two employees with 3 yr experience for 6 months.employees with 3 yr experience for 6 months.


11. Benefit to encroachers ( 3yr)- Rs. 6000 for 11. Benefit to encroachers ( 3yr)- Rs. 6000 for 6 months. Min 25000 for cost of structures.6 months. Min 25000 for cost of structures.

Exemptions from Exemptions from Rehabilitation and Rehabilitation and

Resettlement Policy.Resettlement Policy.

1.1.Land owners do not agree R& R.Land owners do not agree R& R.2.2.Dispute over title over the land.Dispute over title over the land.3.3.De nova within 6 months.De nova within 6 months.4.4.Case with court direction to pass award.Case with court direction to pass award.5.5.Projects in which award has been passed Projects in which award has been passed

pased partly.pased partly.

Survey6(1)

Jt.Verif.

Compensation

ValuationDLPCSLEC

Declaration.Notification

4(1)

AgreementAward

Takingpossession

LAND ACQUISITION CHART

Pre award stage.Pre award stage.1.1. Joint site Inspection stage.Joint site Inspection stage.

2.2.6(1) and 4(1) stages.6(1) and 4(1) stages.

3.3.Award enquiry-5(A)Award enquiry-5(A)

4.4.The Draft Declaration.The Draft Declaration.

5.5.The Basis Valuation Record.The Basis Valuation Record.

6.6.The Detailed valuation The Detailed valuation statementstatement

7.7.Award.Award.

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

1.1.4 copies of the requisition4 copies of the requisition

2.2.Alignment sketch.Alignment sketch.

3.3.Government order.Government order.

4.4.Reason for urgency.Reason for urgency.

5.5.Detailed project Report.Detailed project Report.(DPR)(DPR)

Form---Form-----

Rule… Rule… 3(1)3(1)

Appointment of Appointment of LAOLAO to be to be published in the Gazette.published in the Gazette.

1 1

RequisitionRequisition

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.

2. Alignment sketch.2. Alignment sketch.

3.Administrative sanction.3.Administrative sanction.

4.Government order./A.S4.Government order./A.S

5.Reason for 5.Reason for urgency/reso;utionurgency/reso;ution

Form---Form-----

Rule… Rule… 4(1)4(1)

LA Requisition from various LA Requisition from various departments.departments.

2 2

CertificateCertificate

1.1.DemarcationDemarcation

That the site was peg marked That the site was peg marked 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.

Before sending the Before sending the Requisition the Req. Authority Requisition the Req. Authority

ensure-----ensure-----

The LA is for a The LA is for a

DECLAREDDECLARED

DEFINEDDEFINED

ESTABLISHED ESTABLISHED

Public Purpose.Public Purpose.


ensure-----ensure-----The Project should have The Project should have

Administrative Sanction…Administrative Sanction…

There should be a detailed There should be a detailed project report from a project report from a competent authority……competent authority……

There should be statutory There should be statutory clearances from act/rules.clearances from act/rules.


ensure-----ensure-----

The Extend of Land Should be The Extend of Land Should be justified.……justified.……

Before the appointment of Before the appointment of LAOLAO

The District collector Decides The District collector Decides land acquisition only if there land acquisition only if there is no suitable Land in the is no suitable Land in the Land Bank……….Land Bank……….

PERTPERT

Project Evaluation Review Project Evaluation Review TechniqueTechnique

Project Evaluation Review Project Evaluation Review TechniqueTechnique

PROBLEMS

AFTER RECEIVING THE NVITATION





Optimum Optimum utilisation of utilisation of RESOURCES.RESOURCES.

PERT CHARTPERT CHART

First 30 days.First 30 days.

S&B Act Section---S&B Act Section-----

Publication of 6(1) notification in the gazette is Publication of 6(1) notification in the gazette is for conducting survey of the landfor conducting survey of the land

. .

6(1)6(1)

Joint site inspection..Joint site inspection..

JOINT SITE INSPECTIONJOINT SITE INSPECTIONFarther than the Eye Can SeeFarther than the Eye Can See

TEAMTEAM

Collector….Deputy Collector….Deputy Collector….Tahsidar…staff….Collector….Tahsidar…staff….

surveyors…..Requisitioning surveyors…..Requisitioning authority……..Representatives of authority……..Representatives of the people…………the people…………

TTogether ogether

EEveryone veryone

AAchieveschieves

MMore.ore.

Joint site inspection..Joint site inspection..– Check the suitability of land.Check the suitability of land.– Identify the objectionable elementsIdentify the objectionable elements– Accuracy of sy. Accuracy of sy.

numbers/alignment.numbers/alignment.– Identify the assessed lands/Identify the assessed lands/– Collect the details of land owners.Collect the details of land owners.

Estimate approx cost…..Estimate approx cost…..– Ascertain the number of houses/ Ascertain the number of houses/

buildings.buildings.

-- Identiy the category/zone/social -- Identiy the category/zone/social impact.impact.

– Rectify requisition. Rectify requisition. videovideo

Concern of the Land owner..Concern of the Land owner..

Remember..?Remember..?

– DOM is a good servant …..DOM is a good servant …..

but a bad master.but a bad master.

Inter personal relationship.Inter personal relationship. – No staff….?No staff….?- No vehicle….?No vehicle….?- No computers….?No computers….?- No stationery…..?No stationery…..?- No refreshments…?No refreshments…?

MAKE THINGS HAPPEN.MAKE THINGS HAPPEN.

Mobile phone Mobile phone is the is the STAR.STAR.

Computer with internet Computer with internet …Printer…Fax.…Printer…Fax.

Venue for problem solving.Venue for problem solving.

1.Joint site inspection.1.Joint site inspection.

2. SMART Conferences.2. SMART Conferences.

SMART CONFERENCES.SMART CONFERENCES.

SSpecific.pecific.

MMeasurable.easurable.

AAchievable.chievable.

RRealistic.ealistic.

TTime bounded.ime bounded.

Send LA proposal/Checklist. Send LA proposal/Checklist. LAO--DC--Admin. Dept…RD..HLC LAO--DC--Admin. Dept…RD..HLC

The land should be suitable from the The land should be suitable from the security point of view as well as security point of view as well as the topographical situation of the the topographical situation of the land……land……

If it is a residential area the number If it is a residential area the number of families to be evicted and those of families to be evicted and those who are to be rehabilitated to be who are to be rehabilitated to be assessed.assessed.

If the it is an agricultural land the No If the it is an agricultural land the No of labours loosing job may be of labours loosing job may be considered.considered.

Proposal.Proposal.In the case of agricultural In the case of agricultural

land,the no of families land,the no of families affecting their livelihood may affecting their livelihood may be considered.be considered.

Availability of Availability of water,electricity,transport and water,electricity,transport and telecommunication facilities to telecommunication facilities to the land are also important.the land are also important.

The impact on the environment The impact on the environment and ecological conditions are and ecological conditions are also to be taken into account.also to be taken into account.

Proposal.Proposal.Whether there is alternate Govt Whether there is alternate Govt

land…….land…….

Whether there is alternate land Whether there is alternate land with least number of with least number of inhabitants.inhabitants.

Whether there is least hard ship Whether there is least hard ship for the public….for the public….

Proposal.Proposal.Check the need of Check the need of

urgency…….urgency clause can urgency…….urgency clause can be invoked in the rarest of rare be invoked in the rarest of rare cases………………cases………………

The right of the land owner to The right of the land owner to raise objection shall not be raise objection shall not be denied except in most denied except in most deserving cases.deserving cases.

Check List. Check List.

RA….purpose of LA….GO (AS) No. RA….purpose of LA….GO (AS) No. and date….Is there any appd. and date….Is there any appd. DPR DPR ………..Alignment….pegmarked ………..Alignment….pegmarked demarcation sketch……..Land demarcation sketch……..Land extent…type…..zone…….SIS….. extent…type…..zone…….SIS….. Funds……objectionable Funds……objectionable elements………..rehabilitation elements………..rehabilitation details……details……

Send LA proposal/Checklist. Send LA proposal/Checklist.

LAO-----DC--Admin Dept... Rev, LAO-----DC--Admin Dept... Rev, Dept.----HLCDept.----HLC

HLC……Government Order (RD)…..HLC……Government Order (RD)…..

File Returns to Adm Dept. with File Returns to Adm Dept. with GO………DC/LAO receives GO………DC/LAO receives GO…..LAO issues 4(1) if the GO…..LAO issues 4(1) if the specified % of fund is deposited specified % of fund is deposited by Req Dept.by Req Dept.

HLC……4 the people. HLC……4 the people.

1.1. Chief secretary. ChairmanChief secretary. Chairman

2.2. Revenue secretary.Revenue secretary.

3.3. Secretary admin dept.Secretary admin dept.

4.4. Officer nominated by chairman. Officer nominated by chairman.

HLC……Points to be considered.HLC……Points to be considered.

1.1. Assess the project.Assess the project.

2.2. Urgency requirement.Urgency requirement.

3.3. Previous history of acquisition.Previous history of acquisition.

4.4. Approval of alignment. Approval of alignment.

5.5. Adequacy of funds.25% or Adequacy of funds.25% or 80%.80%.

After Joint site inspection..After Joint site inspection..– Rectify the requisition.Rectify the requisition.– Request fund.Request fund.– Send 6(1) notification to the Send 6(1) notification to the

Supdt.Govt press.Supdt.Govt press.– Send LA proposal and Obtain Send LA proposal and Obtain

Govt. Order .Govt. Order .

– 4(1) notification cannot be 4(1) notification cannot be issuedissued

without GO from RD and 25% of without GO from RD and 25% of fund. fund.

PERT CHARTPERT CHART

– Time Management is life Time Management is life management.management.

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

– LA Proposal prepared.LA Proposal prepared.

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

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

- - 6(1) notice sent for publication.6(1) notice sent for publication.

60 -90 days60 -90 days– GO from RD received.GO from RD received.– Funds received.Funds received.

- 6(1) Published and survey - 6(1) Published and survey started.started.

-Basic Land records collected.-Basic Land records collected.

4(1) notice prepared.4(1) notice prepared.

SurveySurvey

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.

Sanctioning UrgencySanctioning Urgency– The land can be acquired by The land can be acquired by

denying the right of the land denying the right of the land owner to file protest. owner to file protest.

– But It has been directed by But It has been directed by Govt that urency clause can be Govt that urency clause can be invoked in the rarest of rare invoked in the rarest of rare cases.cases.

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.

90-120 days90-120 days– Survey works nearing Survey works nearing

completion.completion.

- 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) notice published.4(1) notice published.– Started preparation of Started preparation of

mahazar.mahazar.

4(1) Notification.4(1) Notification.

Form---Form-----

RuleRule… … 5(1)5(1)

Preliminary notification –Preliminary notification –

Normal case- Normal case-

State Government purpose.State Government purpose.

3a3a

Form---Form-----



Normal case- Normal case-

Central Government purpose.Central Government purpose.

3b3b

Form---Form-----



Urgency clause- Urgency clause-

State Government purpose.State Government purpose.

3c3c

Form---Form-----



Urgency clause- Urgency clause-

Central Government purpose.Central Government purpose.

3d3d

4(1) Notification4(1) Notification1.The public announcement that 1.The public announcement that

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

2.The land is needed or likely to be 2.The land is needed or likely to be needed by Government for a needed by Government for a public purpose.public purpose.

3. Nobody should deal with the 3. Nobody should deal with the land notified.land notified.

4. Enables the land owner to file 4. Enables the land owner to file objection.objection.

5.Intention to enter the land5.Intention 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 notification should the notification should sent through concerned sent through concerned state Govt. Department for state 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.

DENOVADENOVA

DANGER

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

Govt. Land should not be Govt. Land should not be included in 4(1) included in 4(1)

Notification-Notification-

If included by mistake, it shall be If included by mistake, it shall be cancelled by publishing a notice cancelled by publishing a notice in in

form 18………………………form 18………………………

120 days120 days1.Survey works are going on..1.Survey works are going on..

2.4(1) notification Published.2.4(1) notification Published.

3. preparation of Mahazar.3. preparation of Mahazar.

4. Valuation-collection of 4. Valuation-collection of documents for valuation&BVR .documents for valuation&BVR .

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

Form---Form-----


Notice to land owner to furnish Notice to land owner to furnish complaints if any, against the complaints if any, against the

acquisition.(acquisition.(within 3o days of the publication of 4(1) within 3o days of the publication of 4(1) ))

Ordinary case- 5A enquiry. Ordinary case- 5A enquiry.

4a4a

Service of Notices.Service of Notices.

1.The person.1.The person.

2Adult male member of the 2Adult male member of the family.family.

3.By affixure.3.By affixure.

4.Registerd Post.4.Registerd Post.

Form---Form-----


Urgency clause.,,,,,,,,,,,,,,Urgency clause.,,,,,,,,,,,,,,

Public Notice after 4(1) Public Notice after 4(1)

((to be published in VO. Taluk Office and LAO to be published in VO. Taluk Office and LAO ))

. .

4b4b

Form---Form-----


Notice for 5 A enquiry.,,,,,,,,,,,,,, Notice for 5 A enquiry.,,,,,,,,,,,,,,

to land owner who has filed objectionto land owner who has filed objection

((. . ))

. .

4c4c

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.

5 A Enquiry5 A Enquiry1.Public purpose.1.Public purpose.

2.Suitability.2.Suitability.

3.Excess area.3.Excess area.

4.Surplus land.4.Surplus land.

5.Objectionable element.5.Objectionable element. Representative of the Requisitioning Representative of the Requisitioning

authority must be present.authority must be present.

150-180 days150-180 days1. Survey/SD records approved 1. Survey/SD records approved

dd PUBLISHEDdd PUBLISHED

2. DD Published,2. DD Published,

3. BVR prepared3. BVR prepared

BVR- Comparable sale method.BVR- Comparable sale method.

1.Value of the land in the 1.Value of the land in the open market at the time of open market at the time of 4(1).4(1).

2.Price paid for the same 2.Price paid for the same

landland..3.Price paid for similar and 3.Price paid for similar and

similarly situated land.similarly situated land.

4.Price paid for adjacent land 4.Price paid for adjacent land having same advantage.having same advantage.

The DD for approvalThe DD for approval

1.DD1.DD

2.Requisition.2.Requisition.

3.BTR/T.P Account.3.BTR/T.P Account.

4.Survey sketch.4.Survey sketch.

5.Reconcilation statement.5.Reconcilation statement.

6.Objection Petition in original.6.Objection Petition in original.

7. 5A enquiry report.7. 5A enquiry report.

8.Confidencial report on 8.Confidencial report on objectionable element.objectionable element.

Form---Form-----


Ordinary clause-Draft Declaration…..Ordinary clause-Draft Declaration…..

Central Government Purpose…….Central Government Purpose…….

((.. To…LRCTo…LRC))

. .

5a5a

Form---Form-----


Urgency clause- Draft Declaration…..Urgency clause- Draft Declaration…..

Central Government Purpose…….Central Government Purpose…….

((.. To….Government Secretary To….Government Secretary ))

. .

5b5b

Form---Form-----


Ordinary case- Draft Declaration…..Ordinary case- Draft Declaration…..

State Government Purpose…….State Government Purpose…….

((To….Commissioner Land Revenue.To….Commissioner Land Revenue.))

. .

5c5c

Form---Form-----


Urgency clause.. Draft Declaration…..Urgency clause.. Draft Declaration…..

State Government Purpose…….State Government Purpose…….

((To….Government secretary.To….Government secretary.))

. .

5d5d

Form---Form-----


Notice of withdrawal if the land acquisition steps are Notice of withdrawal if the land acquisition steps are dropped.dropped.

. .

6 6

Form---Form-----


Agreement in stamp paper with the requisitioning authority Agreement in stamp paper with the requisitioning authority and district Collector.and district Collector.

(For non Govt. Purpose.)(For non Govt. Purpose.)

No DD without form -7 agreement.No DD without form -7 agreement.

. .

7 7

Publication of DDPublication of DD

1.1. Gazette.Gazette.

2.2. Two dailies.Two dailies.

3.3. Locality.Locality.

Each notification should Each notification should carefullycarefully

be checked.be checked.

210 days210 days1.1. Valuation completed Valuation completed

2.2. DLPC Convened and DLPC DLPC Convened and DLPC recommendations sent to recommendations sent to Admn Dept and Revenue Dept.Admn Dept and Revenue Dept.

DLPCDLPC

1. District Collecor- Chairman.1. District Collecor- Chairman.

2. Deputy Collecor LA- Convener.2. Deputy Collecor LA- Convener.

3. RDO.3. RDO.

4. Finance Officer.4. Finance Officer.

5. Officer representing RA. Not 5. Officer representing RA. Not below the Rank of a Dist. below the Rank of a Dist. Officer.Officer.

DLPCDLPC1.1. The R & R package will be The R & R package will be

applicable only to the land applicable only to the land owners who agreed the owners who agreed the settlement. In other cases settlement. In other cases normal LA steps will follow.normal LA steps will follow.

DLPCDLPC1.1. Categorisation of land.Categorisation of land.

2.2. Fix the land value ,Fix the land value ,

(BVR value+30% (BVR value+30% solatium+Interest) increase up solatium+Interest) increase up to 99% through negotiation.to 99% through negotiation.

DLPCDLPC1.1. The District collector should The District collector should

send the DLPC send the DLPC recommendation to 1. The recommendation to 1. The Administrative Dept. Administrative Dept.

2.The Revenue department.2.The Revenue department.

Within 90 days of the issue of the Within 90 days of the issue of the 4(1) notification.4(1) notification.

The AD will send te report to RD The AD will send te report to RD with their recommendation and with their recommendation and RD will place the RD will place the recommendation in the SLPCrecommendation in the SLPC

SLECSLEC1.Chief secretary.1.Chief secretary.

2.Revenue Secretary.2.Revenue Secretary.

3. Admin Dept. secretary.3. Admin Dept. secretary.

4. Finance secretary.4. Finance secretary.

5.Law secretary.5.Law secretary.

SLECSLEC1.1. Final Approval of the land Final Approval of the land

value.value.

2.2. Need of urgency.Need of urgency.

3.3. Finalise categorisation.Finalise categorisation.

4.4. Fixing approximate total Fixing approximate total compensation to be released to compensation to be released to LAO.LAO.

5.5. After the submission of the After the submission of the proposal by DC, SLEC will proposal by DC, SLEC will finalise it within 30 days.finalise it within 30 days.

SLEC LetterSLEC Letter1.1. Seretary Rev B Dept, thrvm.Seretary Rev B Dept, thrvm.

2.2. As per GO LA was ordered under As per GO LA was ordered under fast track.fast track.

3.3. Details o 4(1)-Gazette/news Details o 4(1)-Gazette/news paper/locality.paper/locality.

4.4. Details o DD Details o 4(1)-Details o DD Details o 4(1)-Gazette/news paper/locality.Gazette/news paper/locality.

5.5. BVR details.Valuation/categories.BVR details.Valuation/categories.

6.6. How many Land owners How many Land owners agreed/DLPC Detailsagreed/DLPC Details

SLEC Letter Enclosure.SLEC Letter Enclosure.1.1. 4(1)4(1)

2.2. BVR.BVR.

3.3. Draft Declaration.Draft Declaration.

4.4. DLPC minutes.DLPC minutes.

5.5. Land Value comparative statementLand Value comparative statement

BVR-DLPC.BVR-DLPC. 6. Annexure-1-Deliberation of SLPC for fixing land value.6. Annexure-1-Deliberation of SLPC for fixing land value.

7. Annexure-2-Abstract of category wise comparison list.7. Annexure-2-Abstract of category wise comparison list.

8. Annexure-3-category wise Beneficiary wise comparison 8. Annexure-3-category wise Beneficiary wise comparison note..note..

Copy to Admin Dept/RA/LAOCopy to Admin Dept/RA/LAO

Category wise Comparison.Category wise Comparison.Category. /Description BVR land value . DLPC Land Category. /Description BVR land value . DLPC Land

Value.Value.

Per Are/Per cent Per Are/Per Per Are/Per cent Per Are/Per cent.cent.

A A

B B

CC

DD

Abstract of Category wise Comparison.Abstract of Category wise Comparison.Category. /Description Village . Extent. Total DLPCCategory. /Description Village . Extent. Total DLPC

District A/ Cents title Rate.District A/ Cents title Rate.

holders. holders.

A A

B B

CC

DD

TOTALTOTAL

Annexure -3 Annexure -3 Format for reporting.Format for reporting.1 GO Date.1 GO Date.

2.4(!) details,2.4(!) details,

3.6(1) Details.3.6(1) Details.

4. Approval of Survey- Details.4. Approval of Survey- Details.

5.DLPC Date.5.DLPC Date.

6.DLPC Members.6.DLPC Members.

7Whether DGP verified the documents,7Whether DGP verified the documents,

8.R.A8.R.A

9 Agency Providing funds.9 Agency Providing funds.

10. Whether Fund available.10. Whether Fund available.

Category wise Beneficiary wise note.Category wise Beneficiary wise note.

A CategoryA Category

Sl Name Extent Rate Land 30% 12% Total Rep Sl Name Extent Rate Land 30% 12% Total Rep tottot

No. Value costNo. Value cost

Fair value note.Fair value note.

sl No Sy/ sudvn category Fairvaluesl No Sy/ sudvn category Fairvalue

% of increse in land value% of increse in land value

Cat. Are LV- 30% 12% tot 10-20-30----------99% holders. Cat. Are LV- 30% 12% tot 10-20-30----------99% holders. Ext.Ext.

CC

New Performa.New Performa.

GO Ms-182/ 12 dt 03/05/12.GO Ms-182/ 12 dt 03/05/12.

Annexure I for HPC--- Check listAnnexure I for HPC--- Check list

Annexure II for DLPC Check listAnnexure II for DLPC Check list

Annexure III for SLECAnnexure III for SLEC

Annexure III A – to be furnished by RD- Availability of Annexure III A – to be furnished by RD- Availability of funds.funds.

240 days -Award.240 days -Award.1.After obtaining approved land 1.After obtaining approved land

value by SLEC, the LAO will value by SLEC, the LAO will obtain affidavit from the land obtain affidavit from the land owners in form No. 10(a) that owners in form No. 10(a) that they are satisfied with the they are satisfied with the compensation fixed and will compensation fixed and will not arise any further claims.not arise any further claims.

Award is passed u/s 11(2) Award is passed u/s 11(2) instead of executing the deed.instead of executing the deed.

Advance possessionAdvance possessionCollector issues s.9 notice and Collector issues s.9 notice and

take possession on expiration take possession on expiration of 15 days of the date of notice.of 15 days of the date of notice.

In taking possession of a building In taking possession of a building the occupier shall be given 48 the occupier shall be given 48 hours notice to remove the hours notice to remove the movable properties.movable properties.

At the time of taking possesssion At the time of taking possesssion collector may tender 80% of collector may tender 80% of the estimated compensation to the estimated compensation to the land owner.the land owner.

BVR- Basis land .Rule 10 (2)BVR- Basis land .Rule 10 (2)

1.Genuine transaction.1.Genuine transaction.

2.After 4(1).2.After 4(1).

3.Similar.3.Similar.

4.Comparable size.4.Comparable size.

5.Similar advantage.5.Similar advantage.

Building and structures above Building and structures above Rs.5000 should be got Rs.5000 should be got valued by competent valued by competent engineers,engineers,

Form---Form-----

RuleRule… … 10(2)10(2)

Detailed Valuation Statement.Detailed Valuation Statement.

. .

8 8

Form---Form-----

RuleRule… … 11(1)11(1)

Award Enquiry Notice Award Enquiry Notice

(to be published in the site.)(to be published in the site.)

. .

9a9a

Form---Form-----

RuleRule… … 11(2)11(2)

Award Enquiry Notice Award Enquiry Notice

(to the land owner.)(to the land owner.)

. .

9b9b

Award enquiry.Award enquiry.

To receive objection.To receive objection.

1.Measurement of land.1.Measurement of land.

2.Value of the land.2.Value of the land.

3.Ownership of the land.3.Ownership of the land.

3 identification of the parties.3 identification of the parties.


Documents to be produced.Documents to be produced.

1.Sale deed.1.Sale deed.

2.Non Encumbrance certificate.2.Non Encumbrance certificate.

3.Possession certificate.3.Possession certificate.

4.Basic Tax Receipt.4.Basic Tax Receipt.

5.Other relevant records.5.Other relevant records.

6.Identification.6.Identification.

Issue a Sample form for RAIssue a Sample form for RA


The claim shall contain.The claim shall contain.

1.Sale deed.1.Sale deed.

2.Details of mortgage or charge 2.Details of mortgage or charge on the land.on the land.

3.Rent or profit received for the 3.Rent or profit received for the past 3 years.past 3 years.

4.Whether the area is acceptable.4.Whether the area is acceptable.

Award in form -10 Award in form -10

1.True area.1.True area.

2.Market value.2.Market value.

3.Additional market value @ 12% 3.Additional market value @ 12% p.ap.a

4.Solatium 30%4.Solatium 30%

5.Interest in the case of advance 5.Interest in the case of advance possession.possession.

Prior approval of award Prior approval of award ((Proviso to Proviso to Sec 11(1) Rule 12Sec 11(1) Rule 12))

(i) below Rupees 1 (i) below Rupees 1 Crore Crore DC DC Rule 12(1)Rule 12(1)(a)(a)

(ii) between 1 and 2 (ii) between 1 and 2 Crores Crores CLR CLR Rule (1)(b)Rule (1)(b) (iii) above 2 (iii) above 2 Crores Crores GovtGovt Rule 12(1)Rule 12(1)

(c)(c)

Passing of AwardPassing of Award Sec.11 Sec.11 Rule 12(1)Rule 12(1)

Passing of AWARDPassing of AWARD

Award to be passed within two years from the Award to be passed within two years from the date of publication of Declarationdate of publication of Declaration

Award not to be passed unless LAO hasAward not to be passed unless LAO has

sufficient fund at his disposalsufficient fund at his disposal

270 days.270 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.

Form---Form-----

RuleRule… … 12(1)12(1)

Award Award

. .

1010

Form---Form-----

RuleRule… … 12(5)12(5)

Agreement between land owner and requisitioning Agreement between land owner and requisitioning authority in the case of negotiated purchase.authority in the case of negotiated purchase.

. .

10a10a

Form---Form-----

RuleRule… … 13(1)13(1)

Notice of award to land owner to receive the Notice of award to land owner to receive the award amount from LAO.award amount from LAO.

. .

10b10b

Form---Form-----

RuleRule… … 13(2)13(2)

Notice of award informing the land owner that Notice of award informing the land owner that the award amount is kept ar RD in the treasury.the award amount is kept ar RD in the treasury.

. .

1111

Form---Form-----

RuleRule… … 15(3)15(3)

Notice of award informing the land owner that Notice of award informing the land owner that the award amount is kept ar RD in the treasury.the award amount is kept ar RD in the treasury.

. .

1212

Form---Form-----

RuleRule… … 15(3)15(3)

Notice to the requisitioning authority regarding Notice to the requisitioning authority regarding taken possession of land.taken possession of land.

. .

1313

Form---Form-----

RuleRule… … 15(6)15(6)

Form of Intimation to sub registrar to maintain Form of Intimation to sub registrar to maintain land records.land records.

. .

1414

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.

Form---Form-----

RuleRule… … 1616

Form of reference to sub court….Form of reference to sub court….

Reference Application.Reference Application.

. .

1515

Form---Form-----


Schedule of information to court.Schedule of information to court.

. .

1616

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.

The nature of the Collector’s The nature of the Collector’s award.award.

The award is in the nature of an offer to the The award is in the nature of an offer to the claimants and it becomes binding on them claimants and it becomes binding on them only when it is accepted by them. (AIR 1961 only when it is accepted by them. (AIR 1961 SC 1500; AIR 2003 SC 942)SC 1500; AIR 2003 SC 942)

Taking advance possessionTaking advance possession

in the case of urgency on the expiration of in the case of urgency on the expiration of 15 days from the date of publication of 15 days from the date of publication of Section 9 notification(Draft Declaration) the Section 9 notification(Draft Declaration) the Government may take possession (Se. 17). Government may take possession (Se. 17).

In such cases award will be passed later. In such cases award will be passed later. Even on taking advance possession the Even on taking advance possession the

property will vest in the Government. (AIR property will vest in the Government. (AIR 2002 SC 2532).2002 SC 2532).

Vesting free of Vesting free of encumbrance:encumbrance:

On taking possession, the property vests in On taking possession, the property vests in the Government free of all encumbrances the Government free of all encumbrances (2001 (8) SCC 143; AIR 2002 SC 2532). (2001 (8) SCC 143; AIR 2002 SC 2532). Easement is an encumbrance (See AIR 1955 Easement is an encumbrance (See AIR 1955 SC 298; AIR 2001 SC 5431). But easement of SC 298; AIR 2001 SC 5431). But easement of necessity is not extinguished by acquisition necessity is not extinguished by acquisition (2005(2) SCC 164).(2005(2) SCC 164).

Payment of amount Payment of amount awarded by Collectorawarded by Collector

The Collector shall pay compensation within The Collector shall pay compensation within one month from the date of the award (rule one month from the date of the award (rule 14) or deposit it in court if the persons to 14) or deposit it in court if the persons to whom compensation is tendered by the whom compensation is tendered by the Collector do not consent, receive it or if there Collector do not consent, receive it or if there is no person competent to alienate the land is no person competent to alienate the land or if there is dispute as to the apportionment or if there is dispute as to the apportionment of it, the Collector shall deposit the amount of it, the Collector shall deposit the amount in court. (Section 31).in court. (Section 31).

Receiving under protestReceiving under protest

A person who is aggrieved by the Award as to A person who is aggrieved by the Award as to the extent of the property, apportionment, the extent of the property, apportionment, persons entitled to the amount or amount of persons entitled to the amount or amount of compensation may receive the compensation compensation may receive the compensation under protest (Section 31(2) proviso). This under protest (Section 31(2) proviso). This protest is necessary for him to make protest is necessary for him to make reference application under Section 18 reference application under Section 18 proviso (2).proviso (2).

Reference applicationsReference applications

Reference is made under Sections 18, 28A, Reference is made under Sections 18, 28A, 30 and 49(1)30 and 49(1)

No court fee is payable on reference No court fee is payable on reference applications (1996(1) SCC 289, 2005 (4) KLT applications (1996(1) SCC 289, 2005 (4) KLT 520).520).

Reference application under Reference application under Section 18Section 18

Who can file :Who can file : 1) He must be an interested person.1) He must be an interested person. 2) He must not have accepted the award (i.e, 2) He must not have accepted the award (i.e,

he must have received payment under he must have received payment under protest)protest)

3) Objection should be as to the measurement 3) Objection should be as to the measurement of land, amount of compensation, persons to of land, amount of compensation, persons to whom which is payable or the apportionment whom which is payable or the apportionment of compensationof compensation

4) A beneficiary or government cannot file 4) A beneficiary or government cannot file application under Section 18.application under Section 18.

ProtestProtest

Protest may be registered in an application for Protest may be registered in an application for payment of compensation. (1997 (1) KLT 768). payment of compensation. (1997 (1) KLT 768). The protest should precede receipt of The protest should precede receipt of compensation. It may be oral; it may be made in compensation. It may be oral; it may be made in a reference application filed before receipt of the a reference application filed before receipt of the amount.amount.

But if there was neither oral protest, nor protest But if there was neither oral protest, nor protest in writing, the mere fact of filing of a reference in writing, the mere fact of filing of a reference application on the next day of receipt of application on the next day of receipt of compensation does not raise an inference that compensation does not raise an inference that there was protest. (2001(1) KLT 958 FB.). there was protest. (2001(1) KLT 958 FB.).

ProtestProtest

If L.A.O. is not satisfied that there was If L.A.O. is not satisfied that there was protest he cannot be compelled to make a protest he cannot be compelled to make a reference. (2004(3) KLT 348 overruling reference. (2004(3) KLT 348 overruling 2003(1) KLT 863).2003(1) KLT 863).

If a person who receives the amount under If a person who receives the amount under protest does not file a reference application protest does not file a reference application no reference can be made. (1998 (2) KLT 898 no reference can be made. (1998 (2) KLT 898 and 2005 (1) KLT 583).and 2005 (1) KLT 583).

FORM OF APPLICATIONFORM OF APPLICATION A letter written by the party may be treated as A letter written by the party may be treated as

an application (2005(1) KLT 583) no form has an application (2005(1) KLT 583) no form has been prescribed the Act (See 2006 (3) KLT 186. been prescribed the Act (See 2006 (3) KLT 186. R. 16 A of Kerala L.A. Rules is ultra vires).R. 16 A of Kerala L.A. Rules is ultra vires).

For the effect of failure to receive compensation For the effect of failure to receive compensation under protest (see -AIR 1992 SC 974).under protest (see -AIR 1992 SC 974).

Contents of reference applicationContents of reference application Reference may be sought for in respect of four Reference may be sought for in respect of four

matters only.matters only. a) Measurement of landa) Measurement of land b) Amount of compensationb) Amount of compensation c) Person to whom compensation is payablec) Person to whom compensation is payable d) Apportionment of compensationd) Apportionment of compensation

Application by postApplication by post

Application may be sent by post. But it must Application may be sent by post. But it must reach the L.A.O. before the expiry of the reach the L.A.O. before the expiry of the period of limitation. 1989(2) KLT 828; 1982 period of limitation. 1989(2) KLT 828; 1982 KLT 466 is not good law.KLT 466 is not good law.

Application by co-ownerApplication by co-owner

A co-owner may file an application on behalf A co-owner may file an application on behalf of all the co-owners, in which case all the co-of all the co-owners, in which case all the co-owners are entitled to enhancement (AIR owners are entitled to enhancement (AIR 1991 SC 1966).1991 SC 1966).

But if it is not made on behalf of all the co-But if it is not made on behalf of all the co-owners the co-owner who files an application owners the co-owner who files an application alone will get the benefit ( AIR 1992 SC 974; alone will get the benefit ( AIR 1992 SC 974; AIR 1996 SC 1513 & AIR 2003 SC 620).AIR 1996 SC 1513 & AIR 2003 SC 620).

Joint ApplicationJoint Application

Husband and wife filed joint application. This Husband and wife filed joint application. This was held proper (1995(2) SCC 376).was held proper (1995(2) SCC 376).

Limitation for filing Limitation for filing application (Section 18(2)application (Section 18(2)

If the person making the application was present or If the person making the application was present or represented before the Collector at the time the represented before the Collector at the time the award was made the reference application should award was made the reference application should be filed within six weeks from the date of the be filed within six weeks from the date of the award (1995 (2) JT 572). This includes of person award (1995 (2) JT 572). This includes of person who shall be deemed to be present or represented who shall be deemed to be present or represented (AIR 2003 SC 942). Thus, if the claimant is (AIR 2003 SC 942). Thus, if the claimant is represented by a counsel that is sufficient (AIR represented by a counsel that is sufficient (AIR 2003 Ker.263).2003 Ker.263).

In other cases, the reference application should be In other cases, the reference application should be filed within six weeks of the receipt of the notice filed within six weeks of the receipt of the notice from the Collector or within six months from the from the Collector or within six months from the date of the Collector’s award, whichever period date of the Collector’s award, whichever period shall first expire.shall first expire.

Date of awardDate of award For the purpose of Section 18(2) proviso (b) the date For the purpose of Section 18(2) proviso (b) the date

of award is the date on which the award is of award is the date on which the award is communicated to the party or the party either communicated to the party or the party either actually or constructively knew about the contents of actually or constructively knew about the contents of the award (AIR 1961 SC 1500, 2005(1) KLT 79, 2000 the award (AIR 1961 SC 1500, 2005(1) KLT 79, 2000 (2) KLT 777 & 2005(7) SCC 440).(2) KLT 777 & 2005(7) SCC 440).

When no communication is madeWhen no communication is made If no notice is issued it is sufficient for a claimant to If no notice is issued it is sufficient for a claimant to

file an application within six months from the date of file an application within six months from the date of his knowledge of the contents of the award.his knowledge of the contents of the award.

No notice is necessaryNo notice is necessary If the claimant is present when the award is passed, it If the claimant is present when the award is passed, it

is not necessary to issue notice. (1997 JT 123).is not necessary to issue notice. (1997 JT 123).

Reference application for re-determination of Reference application for re-determination of compensation (Section 28A)compensation (Section 28A)

This provision enables a person to file an application for This provision enables a person to file an application for reference if he did not file an application under Section 18.reference if he did not file an application under Section 18.

The following conditions are to be satisfied:The following conditions are to be satisfied: a). An award has been passed by the courta). An award has been passed by the court b) By that award the court has enhanced the compensation b) By that award the court has enhanced the compensation

awarded by the Collector.awarded by the Collector. c) The applicant is interested in another land covered by the c) The applicant is interested in another land covered by the

samesame notificationnotification d) The applicant did not make an application under Section d) The applicant did not make an application under Section

1818 e) The applicant is aggrieved by the award of the Collector.e) The applicant is aggrieved by the award of the Collector. f) Application under Section 28A is filed within three months f) Application under Section 28A is filed within three months

from the date of the award of the court on thebasis of which from the date of the award of the court on thebasis of which re-determination is sought.re-determination is sought.

Reference application for re-Reference application for re-determination of compensation determination of compensation

(Section 28A)(Section 28A) Condition No. (a)Condition No. (a) An award has been passed by the court:An award has been passed by the court:

Only on the basis of a reference court Only on the basis of a reference court award- and not an appellate award - an award- and not an appellate award - an application under Section 28A is application under Section 28A is maintainable (AIR 1997 SC 1915)maintainable (AIR 1997 SC 1915)

Anyone of successive awards may be the Anyone of successive awards may be the basis for an application under Section 28A. basis for an application under Section 28A. It need not be the first award (AIR 1995 SC It need not be the first award (AIR 1995 SC 2259).2259).


(Section 28A)(Section 28A) Condition No.(b)Condition No.(b) The court has enhanced the The court has enhanced the

compensation:compensation:

Only if the court has enhanced the Only if the court has enhanced the compensation awarded in the judgment relied compensation awarded in the judgment relied on, an application under Section 28A will lie. on, an application under Section 28A will lie.

If in the appeal against that award the If in the appeal against that award the appellate court reduces the compensation the appellate court reduces the compensation the claimant under Section 28A will get only the claimant under Section 28A will get only the reduced amount (2006(2) KLT 992)reduced amount (2006(2) KLT 992)


(Section 28A)(Section 28A) Condition No.(c)=Both properties should be Condition No.(c)=Both properties should be covered by the same notification:covered by the same notification:

The property covered by the award relied on by the The property covered by the award relied on by the claimant and the property of the claimant should be claimant and the property of the claimant should be covered by the same notification. It is not sufficient covered by the same notification. It is not sufficient that they are covered by the notifications of the same that they are covered by the notifications of the same date (1994 Maharashtra LJ 1414; AIR 2003 Ker. 263).date (1994 Maharashtra LJ 1414; AIR 2003 Ker. 263).

Properties should be similarProperties should be similar In the case coming under Section 28A also the In the case coming under Section 28A also the

properties of the claimant and the property covered properties of the claimant and the property covered by the award relied on by him should be similar and by the award relied on by him should be similar and similarly situated.(2002 (2) KLT 569similarly situated.(2002 (2) KLT 569).).


(Section 28A)(Section 28A) Condition No.(d)Condition No.(d) The applicant did not make an The applicant did not make an

application:application: To make an application means to make To make an application means to make

an effective application. A person whose an effective application. A person whose application under Section 18 has been application under Section 18 has been dismissed or rejected on the ground of dismissed or rejected on the ground of delay or other technical grounds is delay or other technical grounds is entitled to file an application under entitled to file an application under Section 28A ( AIR 2002 SC 3240, 2003 (3) Section 28A ( AIR 2002 SC 3240, 2003 (3) KLT 705, 2004(7)SCC 753).KLT 705, 2004(7)SCC 753).


(Section 28A)(Section 28A) Condition No.(e)Condition No.(e) The applicant is aggrieved by the The applicant is aggrieved by the

award of the Collector:award of the Collector: A person who had not filed an A person who had not filed an

application under Section 18 is entitled application under Section 18 is entitled to file an application under Section to file an application under Section 28A (AIR 2002 SC 3240, AIR 2004 28A (AIR 2002 SC 3240, AIR 2004 Ker.1).Ker.1).


(Section 28A)(Section 28A) Condition No.(f)Condition No.(f) Application should be filed within three Application should be filed within three

months:months: The limitation starts from the date of The limitation starts from the date of

the award relied on and not from the the award relied on and not from the date of knowledge of that award (1997 date of knowledge of that award (1997 (2) KLT 24 SC, AIR 2003 SC 2949, (2) KLT 24 SC, AIR 2003 SC 2949, 2003(3)KLT S.N.182). But the time 2003(3)KLT S.N.182). But the time requisite for obtaining a copy of the requisite for obtaining a copy of the award relied on may be excluded.award relied on may be excluded.


(Section 28A)(Section 28A) Only land value can be re-determinedOnly land value can be re-determined In an application under Section 28A In an application under Section 28A

only value of the land can be re-only value of the land can be re-determined and not of the determined and not of the improvements (2004(2) KLT 716). improvements (2004(2) KLT 716).

Market value as on Section 4(1) Market value as on Section 4(1) notification should be determined notification should be determined (2005(1) KLT 687).(2005(1) KLT 687).


(Section 28A)(Section 28A) Award on agreementAward on agreement In the case of an award passed by the In the case of an award passed by the

Collector on agreement, Section 28A Collector on agreement, Section 28A cannot be invoked (2005(2) KLT 39)cannot be invoked (2005(2) KLT 39)


(Section 28A)(Section 28A) When appellate court reduces the When appellate court reduces the amountamount

If in an appeal against the award relied If in an appeal against the award relied on by the claimant under Section 28A on by the claimant under Section 28A the compensation is reduced by the the compensation is reduced by the appellate court the claimant under appellate court the claimant under Section 28A will get only the reduced Section 28A will get only the reduced amount (2006(2) KLT 992 SC).amount (2006(2) KLT 992 SC).

Mode of payment.Mode of payment.

Land owner- D fom cheque.Land owner- D fom cheque.

Disputed case- Court Deposit.Disputed case- Court Deposit.

Failed to appear- Revenue Failed to appear- Revenue Deposit.Deposit.

Form---Form-----RuleRule… … 1616

Form of Schedule of information for reference Form of Schedule of information for reference to court.to court.

. .

1717

Form---Form-----


Cancellation Notice if Puramboke Land is Published in Cancellation Notice if Puramboke Land is Published in 4(1) notice.4(1) notice.

. .

1818

Form---Form-----


L A Case- Special Register.L A Case- Special Register.

. .

1919

Form---Form-----


Register of Land Acquisition Suits.Register of Land Acquisition Suits.

. .

2121

Form---Form-----


Register of Claims made by Land owners.Register of Claims made by Land owners.

. .

2222

Form---Form-----

Reference application. In triplicateReference application. In triplicate

. .

22A22A

Form---Form-----

RuleRule… … 12(2)12(2)

Statement showing the compensation awarded on account Statement showing the compensation awarded on account of Land acquired..of Land acquired..

. .

AA

Form---Form-----

RuleRule… … 13(3)13(3)

Particulars regarding the acceptance by awardees.Particulars regarding the acceptance by awardees.

. .

BB

Form---Form-----

RuleRule… … 13(3)13(3)

Particulars regarding the acceptance by awardees.Particulars regarding the acceptance by awardees.

. .

cc

Form---Form-----

RuleRule… … 14(3)14(3)

CHEQUE- Form E for Revenue Deposit…..CHEQUE- Form E for Revenue Deposit…..

Form F is acknowledgement for the receipt of cheques.Form F is acknowledgement for the receipt of cheques.

. .

DD

S&B Act Section---S&B Act Section-----

Finalization of Survey Records.Finalization of Survey Records.

. .

1313

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.

FAST TRACK PROJECT.FAST TRACK PROJECT.

Projects.Projects.

1.Doubling of Railway Lines.1.Doubling of Railway Lines.

2.Four lining of the NH.2.Four lining of the NH.

3.Vallarpadom Container Terminal 3.Vallarpadom Container Terminal Road and Rail.Road and Rail.

4.International airport 4.International airport Thrvm.Kozhkd.Thrvm.Kozhkd.

5.KSTP.5.KSTP.

..

Thank You……

T. James Joseph, Adhikarathil,

Kottayam,Kerala.

land acquisition rehabilitation and resettlement policy in kerala

Business

high level

joint site

category wise

state government

defined public

central government

central government

taking advance