proceedings of the appropriate govt / district …
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PROCEEDINGS OF THE APPROPRIATE GOVT / DISTRICT COLLECTOR, GUNTUR Present:: Sri Kona Sasidhar, I.A.S.,
Rc.No. 251A/2016/G1/CRDA
Date: 11.7.2017.
Sub:- LA R&R - Capital City Development Project - Acquisition of an extent of Ac. 731.3590 cents of lands in Undavalli Village - Orders Issued - Reg.
Read:- 1) Section 8 of the LA R&R Act, 2013. 2) This office proceedings Rc.No. 1/2016/Gi/CRDA
dt..18.4.2016 (4(1) Notification) 3) SIA Study Report submitted by EPTRI, Hyderabad along
with Minutes of the Public Hearing, January & June, 2017. 4) Expert Committee Report under section 7 of the LA R&R
Act, 2013. 5) Report of the Collector / LAO under the Act, dt. 15.07.2017.
ORDER:
2. The District Collector, Guntur is the appropriate Government as
defined under Section 3(e) of LA R&R Act, 2013 read with rule-2(b) of the AP Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-
settlement Rules, 2014.
3. After examining the material papers placed before me as required
under section 8 of the LA R&R Act, 2013 and after examining the notified Master
Plan for AP Capital City, EIA reports and Environmental clearance for Capital City
Master Plan, the following conclusions are arrived at;
Legitimate and bonafide public purpose:
4. It is submitted that the Government of Andhra Pradesh vide
G.O.Ms.No. 254 MA & UD (M2) Department, dt. 30-12-2014, notified 18 Revenue
Villages in Thulluru Mandal, 4 Revenue Villages in Mangalagiri Mandal and 2
Revenue Villages and part of Tadepalli Municipality in Tadepalli Mandal as Capital
City area. The village Undavalli is one among the notified villages.
S. The Government in exercise of the powers conferred under section
43(5) of AP CRDA Act, 2014 directed the AP CRDA, Vijayawada vide G.O.Ms.No. 257
MA & UD (M2) Department, dt. 30-12-2014 to undertake development Scheme as
provided in Chapter-IX of AP CRDA Act, 2014 through voluntary Land Pooling
Scheme in Capital City area.
6. Against a target of Ac. 1127.1090 cents under Land Pooling Scheme, an
extent of Ac 279.5111 cents land has been acquired under Land Pooling Scheme. An
extent of Ac. 847.5979 cents is to be acquired under LA R&R Act.20 13 for construction
of Capital City Development Project.
7. AS per Rule 9 of the AP Capital City Land Pooling Scheme, the lands
falling under acquisition within LA R&R Act, 2013 shall also be included while
preparing draft Land Pooling Scheme.
8. As per Section 126, any land required, reserved or designated in any
development plan shall be deemed to be the land needed for public purpose within the
meaning of the Right to Fair Compensation and Transparency in LA R&R Act, 2013.
9. On the requisition made by the Commissioner, AP CRDA & CA,
Vijayawada the District Collector, Guntur notified an extent of Ac. 769.7100 cents
under section 4(1) of the LA R&R Act, 2013 for commencement of consultation and
of the Social Impact Assessment Study vide proceedings Rc. No. 01/2016/Gi dt:
18.04.2016 and published as per Section 4(2) of LA R&R Act, 2013.
10. The Commissioner, R&R has appointed EPTRI, Hyderabad as agency to
conduct SIA in the Village. The first Grama Sabha was held on 23/05/2016 at M.P.U.P.
School, Undavalli village and the purpose and process of conduct of SIA and the
provisions of LA R&R Act, 2013 were also explained. The EPTRI has prepared draft
SIAJSIMP after conducting SIA survey in the village and public hearing was conducted
on 16/12/2016.
11. The SIA study report and minutes of the public hearing were published as
per Section 6 of the LA R&R Act, 2013 and also placed before the Expert Committee
appointed under section 7 by the appropriate Government. The expert - Committee has
given their opinion on public purpose and viability of project to the District Collector,
Guntur.
12. The District Collector, Guntur has issued Notification of the SIA u/s
4(1) of the Act for an extent of Ac. 769.71 cents and subsequently after the SIA
notification, land owners for an extent of Ac. 11.9220 cents have given their lands
under Land Pooling Scheme and entered into development agreement. An extent of
Ac. 15.59 cents are covered by assignment and are under process of LPS. An extent
of Ac. 7.6590 cents declared as Ri Zone. An extent of Ac. 3.18 cents
Typographically repeated by mistake in SIA 4(1) notification. The balance extent of
Ac. 731.3590 is required for LA out of notified SIA in phase-I.
Public purpose:
13. Undavalli Village is part of Capital City Development Project which is
basically an infrastructure project. As per Section 126 of AP CRDA Act, 2014 any land
required, reserved or designated in any development plan shall be deemed to be the land
needed for public purpose; within the meaning of LA R&R Act, 2013.
14. As per Section 3(o), infrastructure project shall include any one or more of
the items specified in clause (b) of sub-section (1) of Section-2. The Capital City Project
includes Transport, Energy, Water & Sanitation, Communication, Social and Commercial
Infrastructure as defined in the notification of the Government of India in department of
Economic Affairs (Infrastructure Section) number 1 3/6/2009-INF; dated 27' March
2012; as mentioned under section 2(1)(b)(i) of LA R&R Act, 2013.
15. It also includes industrial corridors or mining activities, National
Investment and Manufacturing zones as designated in the National Manufacturing policy,
project for water harvesting and water conservation structures, sanitation, for
Government administered, Government aided educational and research schemes or
institutions, for sports, health care, tourism, transportation, for rehabilitation of project
displaced families, for housing to such income groups as specified by Government, for
planned development or the improvement of village sites / extended habitations,
provision of land for residential purpose for the weaker sections.
16. The lands are required as per the notified master plan and for Government
I Authority for its own use, hold and control, including public sector under takings for
public purpose. Hence the project is for public purpose as defined under section 2 of LA
R&R Act, 2013.
Potential benefits and the public purpose vis-a-vis social costs and adverse social impact
17. The Capital City Development project fulfils the necessity for
construction of Capital City as the Successor State of Andhra Pradesh is left with no
Capital as per the Andhra Pradesh Reorganization Act 2014 (Central Act 6 of 2014).
As the State Government notified the Capital City area the expected resident
population would be 3.55 million by 2050. In addition to the requirements for State
/ Central administrative / functional institutions, the Capital City Development
Project mainly caters the needs of not only basic infrastructure but also trunk
infrastructure. Creation of livelihood opportunities, health care, education, self
employment generation, promotion of tourism, sports, providing affordable
housing, improvement of villages are the potential benefits of the project.
Cost of the Project:
18. It is estimated that an amount of Rs 1160.9222 Crores would be the cost
of Undavalli (v) which is one of the sub-development projects within the Capital City
Development Project. The cost of the project is on the higher side as it will also
include trunk infrastructure and positioning State / Central administrative
requirements.
19. The AP Re-Organization Act, 2014 which came into force on 2nd June
2014 provided for re-organization of the existing state of Andhra Pradesh. The New State
of Telangana formed with Hyderabad as its Capital and the Successor State of Andhra
Pradesh is left with no Capital. Hence even though the cost of the Capital City
Development Project is on the higher side in initial stage, keeping in view of the future
perspective and necessity for Capital City construction it is a necessity and the benefits
would outweigh the project cost in near future. An extent of Ac. 279.5111 cents was
acquired under Land Pooling Scheme and an extent of Ac. 731.3590 cents are to be
acquired under LA R&R Act, 2013 in Phase -1.
Minimum area of the land required for the project:
20. The entire area of 217.23 Sq. KMs covering 24 Revenue Villages and
Part of Tadepalli Municipality covering Ac. 53,748.00 cents were notified by the
Government as Capital City area. Undavalli (v) area is part of Capital City Development
Project. The total geographical area of the project is Ac. 3223.87 cents. Out of which an
extent of Ac. 1819.11 cents is Government Lands / Eroded land /Gramakantam /
Extended Habitation. An extent of Ac. 123.39 cents Lanka Land Alienated to Tourism
Department. An extent of Ac. 51.73 cents acquired under General Land Acquisition for
formation of Guntur Channel and flood bank. Balance extent of Ac. 1127.1090 cents is
the target under LPS / LA. Out of this an extent of Ac. 279.5111 cents lands have been
acquired under Land Pooling Scheme and entered into 9.14 agreement and an extent of
Ac. 731.3590 cents are to be acquired under LA R&R Act, 2013 in Phase-i.
21. As per rule 9 of the AP Capital City Land Pooling Scheme (F&I) Rules,
2015, the lands falling under acquisition with in LA R&R Act, 2013 shall also be
included while preparing the draft Land Pooling Schemes which are part of Capital City
Development Project.
22. The area covered by Land acquisition are required for public purpose
i.e, for construction of Capital City Development Project.
23. The entire Government lands of Ac. 1819.11 cents are not useful for
the project as the water bodies, forests, hills, roads, Habitation and etc., are to be
protected and the area that would be available for the Capital City Development
Project would be nearly an extent of Ac. 1127.1090 cents out of the total project
area of Ac. 3223.87 cents.
24. Hence, the lands under acquisition are the minimum extent required
for construction of Capital City Development Project. The acquisition is compulsory
as per the requirements of notified final Master Plan for Capital City area, and
proposed development plans and as the entire Village is notified as capital City area.
Utilization of previously acquired lands in the area:
25. An extent of Ac. 51.73 cents (General LA) cents is acquired for flood
bank and Guntur channel and the same was demarcated as Govt. Land. Hence no
previously acquired land was available un-utilized for the purpose.
Food Security:
26. All the lands of the Village are dry lands as per R.S.R of the Village.
There are no multi cropped irrigated lands in Undavalli Village. The sown area in the
lands under acquisition is Ac. 382.04 cents out of total extent Ac. 731.3590 cents,
out of which the following are the cropping pattern.
Sl.No. Name of the Crop/Topes Net Sown area covered in L.A lands (Acs.)
1 Drumstick 21.36
2 Onion 11.28
3 Coconut 2.99
4 Banana 159.78
5 Yam 7.17
6 Chrysanthemum 3.60
7 Rose 11.97
8 Lillies 1.78
9 Yam +Banana 2.52
10 Onion + Drumstick 70.12
11 Banana + Marigold 7.47
12 Rose+Banana 12.62
13 Onion + Banana 4.91
14 Banana + Drumstick 5.24
15 Sapota 3.01
16 Mango 1.55
17 Papaya 1.50
18 Ridge Guard + Banana 0.43
19 Coccinia 4.14
20 Maize 6.60
21 Paddy 42.00
Total 382.04
27. The loss of food grains in the LA lands are very less when compared to
State level production of food grains. The area covered by food crops is Ac. 48.60
cents against the sown area of Ac, Ac. 382.04 cents of lands under acquisition.
28. The notified Master Plan for Capital City area, EIA report,
Environmental Clearances for the Capital City area, the SIA Study Report, the Expert
Committee Report, the Report of the Collector / LAO were examined and it is
decided to acquire the lands under LA R&R Act, 2013 and the requisition
department is advised to construct the Capital City Development Project as per the
conditions prescribed in the Environmental Clearance given for the construction of
Capital City. The Land Acquisition Officer is here by permitted to acquire the land of
an extent of Ac.731.3590 of Undavalli village as per the provisions of LA R&R Act,
2013.
\1 Collector & District Magistrate,
Guntur.
To all concerned.
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