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.

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Page 1: PROCEEDINGS OF THE APPROPRIATE GOVT / DISTRICT …

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.

Page 2: PROCEEDINGS OF THE APPROPRIATE GOVT / DISTRICT …

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

Page 3: PROCEEDINGS OF THE APPROPRIATE GOVT / DISTRICT …

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

Page 4: PROCEEDINGS OF THE APPROPRIATE GOVT / DISTRICT …

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.

Page 5: PROCEEDINGS OF THE APPROPRIATE GOVT / DISTRICT …

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.

I 4

Page 6: PROCEEDINGS OF THE APPROPRIATE GOVT / DISTRICT …

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Page 10: PROCEEDINGS OF THE APPROPRIATE GOVT / DISTRICT …

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