Land Acquisition Strategy & Benefiting legal Provisions.

1. The provisions of Land Acquisition Act 1894 is a better option for land
acquisition as Power Projects can be interpreted as projects for Public
purpose. The Ministry of new & renewable energy , Government of India- power
group, wind power division, New Delhi provides guide lines for wind power
projects. Maps are prepared showing wind resources in India, by which areas can
be identified & selected.
2. For Projects requiring land above 10Hector ( 24.71 acres), approval from
Development Commissioner ( Industries ) is required to be obtained. Here the
provisions of BT & AT is relaxed for wind farms as there is 'bar' to purchase
agricultural lands by non agriculturist.
Minimum submissions Required: Ownership details of land to
Development Commissioner ( Industries) as the approval has to be
sought from him before land acquisition.
3. Scheduled Tribes and other traditional forest residents (Recognition of Forest
Rights) Act, 2006 makes provisions to make available the forest land for non
conventional energy.
4. The provisions of Maharashtra Agricultural Lands (Ceiling on Holdings) Act,
1961 does not apply for wind farms. The Agricultural Ceiling Act, provide
restriction to purchase Agricultural Land above 54 Acres and/or as per the Slab.
5. If the lands are of occupant Class-II no separate permission is to be obtained
from Revenue Authorities only the Developer is required to pay the prescribed
fees as 'Nazrana' amount to the concerned District Collector, within one month
from the date of Sale Deed.
What are occupant classes :
Occupant Class I

Person classified into this class is free to transfer the agricultural land without

permission of collector in favor of person who is agriculturist.

Occupant class II

Lands purchased by tenant under the provisions of Bombay Tenency &

Agricultural lands Act 1948, lands granted by Government to the Schedule cast /

tribes person, freedom fighters, members of armed forces, ex – service men are

allowed to transfer only after collector’s permission. Person holding land under

this category are classified as an Occupant Class II.

Talathi ( Village level officer ) has to write Occupant’s Class ( I or II ).

6.MEDA with the help of PWD and Private Contractors takes responsibility to
develop approach roads and supply lines for Wind Power Project. ) in the State of
Maharashtra "The Maharashtra Energy Development Department (MEDA)
Manage, control and monitor all the affair relating to wind and other non-
conventional energy sources. * On receiving above cited application for
infrastructure clearance MEDA looks into it in accordance with the guidelines
provided by CWET (Centre for Wind Energy Technology.

7) Government of Maharashtra, Industries, Energy and Labour Department,

declares Wind Energy Policy and other related matters. The above said
Department published Resolution No. Power 2004/P No.1274/UR/a-7
Mantralaya, Mumbai dt.26th Feb. 2004.

8. Within one month from the date of converting the Agricultural Land to Non
Agricultural Purpose, Developer is required to provide intimation to concerned
Tahsildar through Village offer and shall also and/or send a the copy to the
District Collector in Form-VI A of Rule 11-A of Maharashtra Land Revenue
(Conversion of Land and Non-Agricultural Assessment) Rules 1969 said Rule
11A, is inserted by Maharashtra Government Notification of 19.10.1994, in
respons New Industrial Policy 1993.