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NATIONAL HIGHWAYS AUTHORITY OF INDIA

ASHUTOSH GAUTAM
CGM(T)& REGIONAL OFFICER
NHAI, GUJARAT

PRESENTATION ON LA PROCESS INTERACTIVE SESSION

FOR CHALLENGES FACED AND BEST PRACTICES
ADOPTED
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Process of Land Acquisition

in National Highway Project
 Need for Land Acquisition 3

 New alignment (construction of new

NH/Expressway )
 Insufficient ROW in case of Widening
 Bypass and Realignment
 Construction/ shifting of bridges
 Creation of additional infrastructure (toll
plaza, service roads, Bus/Truck Lay byes etc.
How to Acquire Land ?

 Through Land Acquisition Act as per NH Act

1956.
 Through Negotiation (Maximum 5% of total
area ) land settlement
 Through Land pooling including value
capturing concept.

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National Highways Act – 1956(1/5) 5
Section Description Interpretation Dos and Don’ts
3(a) Appointment of Central Government • Competent Authority
Competent authorizes any person or should be minimum Dy.
Authority Authority by notification in the Collector level officer.
Gazette to perform the • If SDM appointed as
function of the Competent Competent Authority,
Authority for area specified in provide administrative
the Notification support immediately.

3A Power to acquire The Central Government, after • Complete study of revenue

land, etc being satisfied that for the
public purpose any land is
required for the building, •
maintenance, management or
operation of a NH or part •
thereof , by notification in the
official gazette, declare its
intention to acquire such land.
maps and verification of
same on field.
Verification of nature of
land with Talati office.
Publication of same in
most popular news paper
of area and notice board of
panchayat and Talati
Office.
National Highways Act – 1956 (2/5) 6
Section Description Interpretation Dos and Don’ts
3B Power to enter for It is lawful for any person, • Prior intimation of
survey, etc. authorized by the Central Sarpanch/Talati before
Government in this behalf, to starting survey and
make any survey, inspection, investigation.
measurement, valuation or • Sufficient time/information
enquiry , take level , dig or for land owners to remain
bore into sub-soil etc. present at site for showing
boundary and different
hissa of land.

3C Hearing of Any person interested in land • Educate to land losers to

objections may within 21 days from the raise objection pertaining
date of publication of the to hissa, nature of land and
notification under sub-section mismatch of area and prior
(1) of section 3A may raise acquisition in said survey
objection. no, compensation of same.
• Many times land losers
raise objection like “ we
don’t want to give land.
National Highways Act – 1956 (3/5) 7
Section Description Interpretation Dos and Don’ts

3D Declaration of On publication of the • Proper verification of

acquisition declaration of notification, land nature of land with Dstrict
vested to the Central Govt. Inspector of land Record
DILR report.
• Maximum area in 3D is
limited to area published in
3A.

3E Power to take The competent authority may • Publising of notice in

possession by notice in writing direct the Sarpanch/Talati office.
owner as well as any other • Provide sufficient time for
person who may be in harvesting.
possession of such land to • Publishing of notice in 2
surrender or deliver local news papers.
possession thereof to the
competent authority or any
person duly authorized by it in
this behalf within sixty days of
the service of the notice.
National Highways Act – 1956(4/5) 8
Section Description Interpretation Dos and Don’ts
3F Right to enter into Central Government in this • As far as possible , try to
the land where behalf, to enter and do other disburse compensation
land has vested in act necessary upon the land before entering the land.
the Central for carrying out the building, • Proper marking of land
Government maintenance, management or before start work at site.
operation of a national • As per usual if the owner
highway or a part thereof, or of land is out of city or
any other work connected state, the amount may be
therewith. deposited in Revenue
head.
3G Determination of The competent authority • Award must be prepared
amount payable as determines the amount of based on relevant
compensation compensation to be paid. guidelines.
• Valuation of land and
trees from R&B and Forest
horticulture.
• For calculation of market
rate of land maximum of
Jantri rate and average of
50% of last 3 year sale
deed before publication of
3(A).
National Highways Act – 1956 (5/5) 9

Section Description Interpretation

3H Deposit and payment of
amount
3I Competent authority to have
certain powers of civil court
3J Land Acquisition Act 1 of
1894 not to apply
The amount determined under section 3G
shall be deposited by the Central Government
in such manner as may be laid down by rules
made in this behalf by that Government, with
the competent authority before taking
possession of the land.
The competent authority shall have, for the
purposes of this Act, all the powers of a civil
court while trying a suit under the Code of
Civil Procedure, 1908 (5 of 1908), in respect of
certain matters.
Nothing in the Land Acquisition Act, 1894
shall apply to an acquisition under this Act.
Land Acquisition Planning 10
Task during Project preparation
 Analysis of Alternate project Alignment
 Assess the availability of Right of Way (RoW)
 Check Internal Records (land plan) and on site
observation/ verification
 Minimization of Land Acquisition
 Finalization of the Alignment
 Establish the need for Acquisition
 Identify stretches (location) for acquisition
 Preparation of land Acquisition Plan (LAP)
Preparation of Land Acquisition Plan (LAP)
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 Procurement of revenue maps

 Collection of coordinates on maps for joining the
maps
 Scanning of revenue maps
 Digitization of maps
 Superimposition of proposed alignment plan
 Calculation area of affected plots
 Collection of ownership details from revenue
department
 Preparation of notification under section 3(a), 3(A)
and 3(D)
Sample Land Acquisition Plan
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 Prescribed Schedules under NH Act
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Prescribed Schedules under Section 3 (a)

Serial Number District Taluk Police station Name of village

Prescribed Schedules under Section 3 (A)

Serial Name of Name of Name of Survey Type Nature Area in
number the the taluk the number hactares
district village

Prescribed Schedules under Section 3 (D)

Serial Name of Name of Name of Survey Type of Nature of Area in Name of
number the the taluk the number land land hactares the land
district village owner/
Interested
persons
NHAI’s Role in Land Acquisition
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 Monitor LA Planning process to ensure accuracy in

digitization of maps, calculation of area, collection of
updated ownership details
 Carry out joint verification of LAP on site with design
consultant
 Coordinate with concerned Revenue/ Land Acquisition
Officer
 Appoint experienced implementing Agency (Consultant)
 Provide timely fund to LAO/CALA for land acquisition
 Assist and monitor verification of assets to minimize
objections
Challenges faced & Best practices adopted
during LA process in Gujarat 15

 Revenue maps of entire Gujarat is under process of

revision/digitization and slight area of survey nos
changes after digitization and land losers demanding
compensation of increased area.
 In the state of Gujarat , Revenue dept. published rate of
each survey number village wise according to category
of land. At some locations difference of rate is very high(
4-5 times ) compare to nearby villages and land losers
demanded the same rate.
 Jantri rate was last revised by Govt. of Gujarat in the year
2011 and land losers demanding Cost Inflation index as
declared by Ministry of Finance. High speed Rail (Bullet
Train) giving compensation on index factors.
 High speed Rail (Bullet Train) giving additional
compensation of 25% of land value for land if owner
agrees on direct sell/ consent basis. Land losers
demanding same amount from NHAI.
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 Many times survey number divided in parts and different

7/12 generated by Mamlatdar but same was not updated
by DILR in revenue maps.
 After the taking over of stretch from NH Division , many
land losers raised the issue of non receiving
compensation for acquired land at the time of widening
and create hindrance for execution.
 Exceptionally low rate of land in tribal and costal area.
 In village area panchayat allot the land(Gamtal land) to
land losers, but in revenue records it shows Govt. land
and after acquisition of same, land losers demand for
other land in vicinity area.
 Additional charges of different departments with LAOs.
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 Many times survey number divided in parts and different

7/12 generated by Mamlatdar but same was not updated
by DILR in revenue maps.
 After the taking over of stretch from NH Division , many
land losers raised the issue of non receiving
compensation for acquired land at the time of widening
and create hindrance for execution.
 Exceptionally low rate of land in tribal and costal area.
 In village area panchayat allot the land(Gamtal land) to
land losers, but in revenue records it shows Govt. land
and after acquisition of same, land losers demand for
other land in vicinity area.
 Additional charges of different departments with LAOs.
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 Many times survey number divided in parts and different

7/12 generated by Mamlatdar but same was not updated
by DILR in revenue maps.
 After the taking over of stretch from NH Division , many
land losers raised the issue of non receiving
compensation for acquired land at the time of widening
and create hindrance for execution.
 Exceptionally low rate of land in tribal and costal area.
 In village area panchayat allot the land(Gamtal land) to
land losers, but in revenue records it shows Govt. land
and after acquisition of same, land losers demand for
other land in vicinity area.
 Additional charges of different departments with LAOs.
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Thanks