TIME PERIOD FOR MAKING AWARD – S. 25
•
The Collector shall make the Award within a period of 12 months from the date
of publication of S. 19 Declaration and if no Award is made during such period,
the entire proceedings for the acquisition of the land shall lapse.
•
Such period of 12 months can be extended by the govt. by providing valid
reasons recorded in writing.
CRITERIA
FOR DETERMINATION OF MARKET VALUE – S. 26
•
Market Value, if any, under the Indian Stamp Act, 1899.
•
Average Sale Price for similar land in nearest vicinity.
•
Consented Amount of Compensation as agreed under S. 2 (2).
Whichever
is higher among the above three points shall be considered.
The
date for determination of Market Value shall be date of issuance of S. 11 Preliminary
Notification.
•
Average Sale Price – Takes into account the sale deeds for similar types
of areas in the vicinity during immediately preceding three years of the year
in which such acquisition of land is proposed to be made.
REASONS
FOR NOT DETERMINING MARKET VALUE – S. 26
•
The land is situated in such area where the transactions in land are restricted
by or under any law.
•
The Registered Sale Deeds are not available for the immediately preceding three
years.
•
The Market Value has not been specified under the Indian Stamp Act, 1899.
•
If for some reason, the market value is not determined, the State Government
concerned shall specify the floor price or minimum price per unit area of the
said land based on the price of the lands situated in the nearby area.
•
The legal entity for whom the land is acquired may also offer its shares to landowners
as part compensation to the extent of 25% of total value of the land. Such
offering of shares shall be optional at the instance of the landowners.
PARAMETERS
FOR DETERMINATION OF AMOUNT OF COMPENSATION – S. 28
•
Market Value under S. 26.
•
Damage sustained such as trees, standing crops etc.
•
Damage sustained because of severing of such land from other land of the
landowner.
•
Change of residence of interested person due to land acquisition.
SOLATIUM
AMOUNT – S. 30
•
‘Solatium’ means an amount given to meet with the unwilling of the person
interest to part with their property that is to be acquired.
•
A Solatium amount equivalent to 100% of the compensation amount is to be given
in addition to the compensation payable to the land owner.
REHABILITATION
AND RESETTLEMENT AWARD – S. 31
•
Amount payable to the affected family.
•
Bank Account Numbers of the beneficiaries.
•
Particulars of house/land to be allotted in case of displaced families.
•
Particulars of one time subsistence allowance and transportation allowance for
displaced families.
•
Particulars of payment for cattle shed.
•
Particulars of one time amount to artisans and small traders.
•
Details of mandatory employment to be provided to the members of the affected
families.
•
Details of any fishing rights that may be involved.
•
Special Provisions for SC and ST.
•
If any of the criteria that we just discussed are not applicable, then the same
may be excluded.
•
The appropriate government may increase the rehabilitation and resettlement
amount by taking into account the rise in the price index.
•
Under S.32, the Collector shall ensure provision of proper infrastructure
facilities and minimum amenities.
CORRECTION
TO AWARDS – S. 33
•
The Collector, within six months from the date of Award or before making of
Reference under S. 64, has to correct any clerical or arithmetical mistakes or
similar errors in the Award.
•
The Collector may do so on his own motion or on the Application made by any
person.
•
Immediate notice of any correction made shall be given to the persons
interested.
•
If there is any correction that is to the detriment of any person, such
correction will not be made without giving a reasonable opportunity of making a
Representation.
•
Wherever any excess amount is proved to have been paid to any person, such
excess amount so paid shall be liable to refunded and in case of failure to
pay, it shall be recovered by Government.
WHEN
AWARD BECOMES FINAL – S. 37
The
Award shall be filed in the Collector’s Office and it shall be considered as
conclusive evidence in relation to: -
•
True area and market value of the land.
•
Any other related assets.
•
Solatium.
•
Apportionment of the Compensation among interested persons.
•
Immediate Notice of the Award will be given to the persons interested.
•
The documents relating to the entire Land Acquisition Proceedings shall be
public in nature.
•
A summary of the entire proceedings along with all the details will have to
displayed on the Website created for this purpose.
POWER
TO TAKE POSSESSION – S. 38
•
After payment of full compensation as well as rehabilitation and resettlement
entitlements, the Collector shall take possession of land within three months
of such payment of compensation and within the other stipulated time frames
provided in relation to payment of rehabilitation and resettlement
entitlements.
•
It shall be the responsibility of the Collector to ensure smooth completion of
the rehabilitation and resettlement process.
ADDITIONAL
COMPENSATION IN CASE OF MULTIPLE DISPLACEMENTS – S.39
•
Apart from the displacement of any family by the Appropriate Government, if any
further displacement is ordered by the Collector, then for each successive
displacement, an additional compensation shall have to be paid to the displaced
family.
SPECIAL
PROVISIONS FOR SCHEDULED CASTES AND SCHEDULED TRIBES – S. 41
•
As far as possible, no land acquisition shall be done in the Scheduled Areas
and if done, it should as a matter of last resort.
•
In case of land acquisition in Scheduled Areas, prior consent of Local Bodies
(Gram Sabha) shall be mandatory.
•
If there is any involuntary displacement of SCs and STs, a Development Plan
shall have to be prepared laying down the detailed procedure for settling land
rights. Such Development Plan shall also contain a Program for development of
alternate fuel, fodder, non-timber forest produce resources etc.
•
In case of land acquired from SCs and STs, at least 1/3 of total compensation
shall be paid initially and the rest shall be paid after taking over of
possession.
•
The affected SC and ST families shall be settled preferably in the same
Scheduled Area so that they can retain their ethnic, linguistic and cultural
identity.
•
Any alienation of land in disregard of the Land Rehabilitation Act, 2013, shall
be treated as null and void.
•
If any fishing rights are violated, then the same shall have to be restored in
the Reservoir Area of the Irrigation or Hydel Projects.
•
In case of relocation outside the district, additional 25% compensation shall
be paid along with one-time entitlement of Rs. 50,000.
SPECIAL
PROVISIONS FOR SCHEDULED CASTES AND SCHEDULED TRIBES – S. 42
•
All benefits, including the reservation benefits available to the Scheduled
Tribes and the Scheduled Castes in the affected areas shall continue in the
resettlement area.
•
Rights of Forest Dwellers are recognized and quantified monetary amount will
have to be paid to the displaced individuals.
Part II - Social Impact Assessment under the Land Rehabilitation Act of 2013 and Other Provisions
Part III - Basic Procedure under the Land Rehabilitation Act of 2013 and Other Provisions
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