Land Acquisition Process &

Procedure

Presented by
Sri Avaya Kumar Nayak
Joint Secretary to Government
Revenue & Disaster Management Department,
Government of Odisha
ROTI, Bhubaneswar, 29.08.207
 LAND IS THE MOST
IMPORTANT REQUIREMENT
FOR INDUSTRISAL AND
INFRASTRUCTURE
DEVELOPMENTS INCLUDING
SOCIAL INFRASTRUCTURE
 Options on land
 Available IDCO Industrial Estates
 Available Govt land
 Available land in Land Bank
 Private land can be acquired through bilateral
negotiations
 Through LA Proceedings
 Land Bank
 Government has identified about 1 lakh acres of
Govt waste land in patches for land Bank
 About 10,000 acres with IDCO in ready to use
position.
 Two types of land-(i) already with IDCO or
immediately given to IDCO (II) Identified and
reserved, can be given to IDCO on short notice.
 Land cost at IPR rates
 Collector given full power to lease to IDCO.
 IDCO given right to mortgage and can give NOC
on right to mortgage.
 Direct purchase of land on private negotiation
 Intermittent patches of private land can be directly
purchased
 Assistance of a District level committee headed by
Collector to ascertain the valuation can be availed.
 No limit to private purchase, if the land is not
multi- crop irrigated land
 Purchase limit of Multi-crop land as decided by
Agril Department
 Private purchase upto 50 acres in urban area and
200 acres rural areas shall not attract R&R
provisions under RFCTLAR&R Act.
ACQUISITION OF PRIVATE LAND
AS
THE LAST OPTION
 Earlier, Land Acquisition was done
under the Land Acquisition Act,
1894

Now under
the Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act,
2013 (RFCTLAR&R Act, 2013)
 The core issues that could not be answered under Land
acquisition Act of 1894

 Understanding of Public Purpose and its frequent application

including for Land Acquisition for private projects
 Applicability of Emergency clause
 Consent of People
 Calculation of Fair compensation for the land and the fixed assets
over it
 Rehabilitation and Resettlement of displaced families
 Addressing Livelihood issues and loss of Social and Economic
disjoint due to displacement
 Timely payment of compensation
 What is new in the new Act
 Social Impact Assessment Study (SIA)
(Irrigation projects for which Environmental
Impact Assessment has been done under any
other law are exempted/ if under emergency
provisions u/s 40, then exempted)
Public hearing mandatory
consent of majority
 Special Provision to safeguard food security –
Sec-10- No irrigated multi-cropped land shall
be acquired. ( linear projects exempted)
 What is new in the new Act
 Special protection to SC &ST u/s 41- No land to be
acquired, if acquired as demonstrable last resort-
Special R&R Plan
 Direct purchase of private land allowed with
restriction u/s 46
 Higher rate of compensation with solatium and
multiplying factor
 Compensation for livelihood loss
 If the land acquired not utilised within 5 years, then
the land be reverted to the original owner u/a 10 1
 Chapters in RFCTLAR&R Act
Chapt u/s Subject/content

Chapter I- Preliminary
I 1 Short title, extent and commencement
I 2 Application of the Act
I 3 Definitions a to ze
Chapter II – Determination of Social impact and Public Purpose
II 4 Preliminary Investigation for determination of social impact and public
purpose
II 5 Public hearing of Social Impact Assessment
II 6 Publication of Social Impact Assessment Study
II 7 Appraisal of SIA Report by an Expert Group
II 8 Examination of proposals for LA and SIA report by appropriate Govt
II 9 Exemption from Social impact Assessment
Chapter III-Special provision to safeguard food security
III 10 Special provision to safeguard food security
 Chapter IV- Notification and Acquisition
IV 11 Publication of preliminary notification
IV 12 Preliminary survey of land and power to carry out survey
IV 13 Payment for damage
IV 14 Lapse of Social Impact Assessment report
IV 15 Hearing of objections
IV 16 Preparations of R&R Scheme by the Administrator
IV 17 Review of the Rehabilitation and Resettlement Scheme
IV 18 Approved Rehabilitation and Resettlement Scheme to be made public
IV 19 Publication of declaration
IV 20 Land to be marked out, measured and planned
IV 21 Notice to persons interested
IV 22 Power to enforce the making of statements as to names and interests.
IV 23 Enquiry and land acquisition award by Collector
IV 24 LA process under Act of 1894 shall be deemed to have lapsed in certain cases
IV 25 Period within which an award shall be made
IV 26 Determination of market value of land by Collector
IV 27 Determination of amount of compensation
IV 28 Parameters to be considered by Collector in determination of award
IV 29 Determination of value of thing attached to land or building
 Chapter V- Rehabilitation and Resettlement Award
V 31 Rehabilitation and Resettlement award for affected families by Collector

V 32 Provision of infrastructural amenities in resettlement area

V 33 Corrections to awards by Collector
V 34 Adjournment of enquiry
V 35 Power to summon and enforce attendance of witnesses and production of documents.

V 36 Power to call for records etc.

V 37 Awards of Collector when to be final
V 38 Power to take possession of land to be acquired
V 39 Additional compensation in case of multiple displacements
V 40 Special powers in case of urgency to acquire land in certain cases
V 41 Special provisions for scheduled caste and scheduled tribes
V 42 Reservation and other benefits

Chapter VI-Procedure and manner of R&R

VI 43 Appointment of Administrator
VI 44 Commissioner for rehabilitation and resettlement
VI 45 Rehabilitation and Resettlement committee at project level
VI 46 Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons

VI 47 Quantification and deposit of rehabilitation and resettlement amount

 Chapter VII- National Monitoring Committee for R&R
VII 48 Establishment of National Monitoring Committee for rehabilitation and resettlement
VII 49 Reporting requirement
VII 50 Establishment of State Monitoring Committee for rehabilitation and resettlement
Chapter VIII- Establishment of LA and R&R Authority
VIII 51 Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
VIII 52 Composition of Authority
VIII 53 Qualification for appointment as Presiding Officer
VIII 54 Terms of office of Presiding Officer
VIII 55 Staff of Authority
VIII 56 Salary and allowances and other terms and conditions of serving of Presiding Officers
VIII 57 Filling up of vacancies
VIII 58 Resignation and removal
VIII 59 Orders constituting Authority to be final and not to invalidate its proceedings
VIII 60 Powers of Authority and procedure before it
VIII 61 Proceedings before Authority to be judicial proceedings
VIII 62 Members and officers of Authority to be public servants
VIII 63 Jurisdiction of civil courts barred
VIII 64 Reference to Authority
VIII 65 Collector’s statement to Authority
VIII 66 Service of notice by Authority
VIII 67 Restriction on scope of proceedings
VIII 68 Proceedings to be in public
VIII 69 Determination of award by Authority
VIII 70 Form of award
VIII 71 Costs
VIII 72 Collector may be directed to pay interest on excess compensation
VIII 73 Re-determination of amount of compensation on the basis of the award of the Authority
VIII 74 Appeal to High Court
 Chapter IX – Apportionment of Compensation
IX 75 Particular of apportionment to be specified
IX 76 Dispute as to apportionment
Chapter X- Payment
X 77 Payment of compensation and deposit of same in Authority
X 78 Investment of money deposited in respect of lands belonging to person incompetent to alienate

X 79 Investment of money deposited in other cases

X 80 Payment of interest
Chapter XI-Temporary occupation of land
XI 81 Temporary occupation of waste or arable land. Procedure when difference as to compensation exists

XI 82 Power to enter and take possession and compensation on restoration

XI 83 Difference as to condition of land

Chapter XII- Offences and Penalties
XII 84 Punishment for false information. Mala fide action etc.
XII 85 Penalty for contravention of provisions of Act
XII 86 Offences by companies
XII 87 Offences by Government departments
XII 88 Cognizance of offences by court
XII 89 Offences to be non-cognizable
XII 90 Offences to be cognizable only on complaint filed by certain persons
 Chapter XIII –Miscellaneous
XIII 91 Magistrate to enforce surrender
XIII 92 Service of notice
XIII 93 Completion of acquisition not compulsory but compensation to be awarded when not completed
XIII 94 Acquisition of part of house or building
XIII 95 Acquisition of land at cost of a local authority or Requiring Body
XIII 96 Exemption from income tax, stamp duty and fees
XIII 97 Acceptance of certified copy as evidence
XIII 98 Notice in case of suits for anything done in pursuance of Act.
XIII 99 No change of purpose to be allowed
XIII 100 No change of ownership without permission to be allowed
XIII 101 Return of unutilized land
XIII 102 Difference in price of land when transferred for higher consideration to be shared.
XIII 103 Provisions to be in addition to existing laws
XIII 104 Option of appropriate Government on lease
XIII 105 Provisions of this Act not to apply in certain cases or to apply with certain modifications
XIII 106 Power to amend Schedule
XIII 107 Power of State Legislatures to enact any law more beneficial to affected families
XIII 108 Option to affected families to avail better compensation and rehabilitation and resettlement
XIII 109 Power of appropriate Government to make rules
XIII 110 Rules made by Central Government to be laid before Parliament
XIII 111 Rules made by State Government to be laid before State Legislature
XIII 112 Previous publication of rules made by Central and State Government
XIII 113 Power to remove difficulties
XIII 114 Repeal and saving
 IMPORTANT PROVISIONS IN THE NEW ACT
COMPARE D TO OLD ACT
Provisions Sec .in New Act Remarks
SIA and SIA related studies Sec. 4(1) to Sec. 9 This was not in the old Act.
Special Provision for Sec 10 This was not in the old Act
Safeguard, Food Security
Publication of Preliminary Sec.11 to Sec.18 It is equivalent to Sec.4 and
notification Sec. 5(a) of old Act expect
notification with SIA Report
Publication of declaration and Sec.19 to Sec. 22 This was equivalent to
Summary of R&R Scheme Sec.6(1) of old Act. except
R&R scheme which is a new
concept
Land Acquisition Award Sec. 23 to Sec. 30 This is equivalent to Sec. 11 of
Old Act.
R&R Award Sec. 31 to Sec. 37 As per R&R Policy not
included in Old Act
Power to take possession of Sec. 38 Equivalent to Sec. 16 of old
land Act.
 IMPORTANT PROVISIONS IN THE NEW ACT Contd………..

Provisions Sec.in New Remarks

Act
Additional compensation in case of Sec. 39 It is a new provision
multiple displacement
Emergency provisions Sec. 40 Equivalent to Sec. 17 of old Act.
Special provision of SC&STs Sec. 41 to Sec. No such provisions in old Act
42
Procedure and manner of R&R Sec 43 to It is equivalent to the provision of
Sec 47 R&R policy of the state
government and centre. Was not
in the old Act.
State & National Monitoring Sec. 48 to No such provisions in old Act
Committee for R&R Sec 50
Establishment for Land Acquisition Sec. 51 to Similar provisions was their in
and Rehabilitation of the authority Sec 74 Sec. 18 and Sec. 30 in old Act but
not such elaborated as in the new
Act.
 Public Purpose u/s 2
Section Provision in RFCTLARR Act shall apply when the appropriate Govt
acquires land for its own use, hold and control, including PSU and for
public purpose and shall include the following purposes

Sec. 2(1) •For strategic purpose relating to defence of India or safety of the people
Application •For infrastructure projects defined u/s 2(1)(b) i to vii of the Act,
of the Act •It includes projects for industrial corridors , mining and manufacturing zone.
for public •Projects involving agro processing, warehousing, cold storage etc
purpose or •Projects for water harvesting, water conservation, sanitation
govt. use •Projects for Govt aided educational & research schemes
•Projects for sports, health care, tourism, transportation or space
programme
•Any other infrastructure facility to be notified by Central Govt and
tabled in the Parliament
•Projects for affected families/
 Public Consent u/s 2(2)
Sec. 2(2) The provisions of this Act relating to land acquisition, consent,
compensation. rehabilitation and resettlement, shall also apply, when the
appropriate Government acquires land for the following purposes, namely:-

Provisions (a) for public private partnership projects, where the ownership of
for the land continues to vest with the Government, for public purpose
declaring as defined in sub-section (1); of SEC. 2
land to be (b) for private companies for public purpose, as defined in sub-sec (1):
acquired Provided that in the case of acquisition for-
for Private (i) private companies, the prior consent of at least 80% of those affected
Companies families, as defined in sub-clauses (i) and (v) of clause (c) of section 3; and
(ii) public private partnership projects, the prior consent of at least 70%.
of those affected families,
shall be obtained through a process as may be prescribed by the
appropriate Government
 Important Definitions:
Affected family (Section 3(e)
A family whose land or other immovable property has been
acquired;
 A family which has lost its livelihood;
A family of Tribes and other traditional forest dwellers that
have lost any of their traditional rights recognized under the
Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 due to acquisition of
land;
 A member of the family who has been assigned land by the
Govt, & the sme in under Acquisition.
 In Old act Affected family was limited to the land losers
 Cost of Acquisition u/s 3(i)
 Amount of compensation including solatium
 Cost of damages caused to land & standing crops
 Cost of acquisition of land & building for
settlement of displaced or adversely affected
families
 Cost of dev of infrastructure and amenities at the
resettlement area
 Cost of R&R
 Administrative cost
 Cost of SIA Study
 Definition of Family u/s 3(m)
Family includes a person, his or her spouse, minor
children, minor brothers and minor sisters
dependent on him;
Provided that widows, divorcees and women
deseredted by families shall be considered separate
families;
Explanation: An adult of either gender with or
without spouse or children or dependents shall be
considered as separate family for the purpose of
this Act.
 Persons interested u/s 3(x)
 All persons claiming an interest in compensation
to be made
 All persons who have lost any forest rights under
FRA Act, 2006
 A person interested in an easment affecting the
land
 Persons having tenancy rights under any relevant
state laws including share croppers
 Any person whose primary source of livelihood is
likely to be affected
 SIA Study u/s 4-9
 U/s 4(1)- Notification by Govt to assess the impact of the projects, SIA to be carried out in all cases of
land acquisition in consultation with Panchayat or Municipal corporation within six months
 The SIA study shall include;
 Assessment as to whether the proposed acquisition serves the public purpose
 Estimation of affected families &families likely to be displaced
 Extent of lands, public and private, houses, settlements and other common properties likely to be affected
 Whether the extent of land proposed is absolutely bare minimum requirement.
 Whether other alternative sites were found not feasible
 Study of social costs vis-a-vis the benefits of the project

 Social Impact Management Plan (SIMP) to list out ameliorative measures to address adverse impact
 The SIA report shall be made available to the public
 Summary of SIA Report to be issued along with preliminary notification under Section 11
 Nabakrushna Choudhury Institute of Developmental Studies
(NCDS) is the State Nodal Agency for conducting SIA Study.
 NCDS has identified 32 independent agencies to conduct the study
in different parts of the State on its behalf.
 Appropriate Govt shall require the authority conducting the SIA to
prepare SIMP listing the ameliorative measures required tpo be
undertaken.
 u/s 5- A public hearing is held at the affected area after giving
adequate publicity to ascertain the views of the affected families
and be recorded
 Publication of the SIA report in local language u/s 6 at Panchayat,
Municipality, office of Collector, Sub-collector and Tahasildar and
in the affected area.
 The irrigation projects where the process of Environment Impact
Assessment is required under any other Law, are exempted from
this study as per sec 6.
 Process of conducting SIA
 Requiring body applies in Form A to Collector with land
schedule
 Collector after scrutiny, sends to SIA unit with copy to
R&DM department and tahasildar to update records,
settling of land rights, restoring titles, Forest rights etc as
special drive
 SIA Unit prepares ToR and estimate
 Requiring body deposits the cost plus 10% admn cost
 SIA Notification within 30 days in Form-C.
 Public consultation and public hearing
 SIA report in form D
 Nature, extent and intensity of impact be assessed in
Form-G
 Appraisal of SIA Report by Expert Group
 u/s 7- Appraisal is done by an independent
multidisciplinary Expert Group.
 Expert Group to Appraise the SIA
 2 non-official social scientists,
 2 representatives of Panchayat, Gram Sabha,
 2 experts on rehabilitation,
 1 technical expert in the subject relating to the
project
 To make recommendations within two months
 SIA Report valid for 12 months
 Minimum Acquisition & Minimum
Displacement (Section 8)
Appropriate Government shall ensure that:-
a) There is a legitimate and bona fide public purpose for the
proposed acquisition
b) The public purpose, in the long term, is in the larger public interest

so as to justify the adverse social impact as determined by SIA

c) Only the minimum area of land required for the project is being

acquired.
d)There is no unutilized Land that has been previously acquired in

the area
e)The land, if any, acquired earlier and remain unutilized, is used for

such public purpose

Such area shall be acquired which would ensure minimum
displacement and minimum disturbance to infrastructure and ecology
and minimum adverse impact on individuals affected
SIA is exempted in case of projects acquiring land with application of

emergency clause u/s 9

 Special provision to safeguard food security
(Section 10)
 Irrigated multi-cropped land shall not be acquired
except when land acquired does not exceed five
percent (Flexibility to appropriate government) of
total irrigated multi-crop area in that district or
State.
 Whenever a multi-crop irrigated land is acquired,
an equivalent area of culturable waste land shall
be developed for agricultural purposes.
 In other cases the acquisition of agricultural land
should not exceed for all projects in a district or
State such limits of the net sown area of that
district or State as may be notified by the
appropriate government.
 State to make rule what percentage of Irrigated
land can be acquired in special circumstances.
 Preliminary Notification u/s 11(1)
 Similar to the old Act. A notification relating to the land details to
be acquired with the name of the land owners as well as the
summary of the SIA report, reasons necessitating the
displacement of affected persons is to be published (a) in official
gazette, (b) in two daily newspapers circulating in the locality, at
least one in the regional language , (c) in the panchayat or
municipality, (d) uploaded in the website, (e) in the affected
area.
 The cutoff date is the last date of the publication in any of the
system.
 Land transaction is restricted u/s 11(4) and Collector to ensure
updating of the land records within a period of two months u/s
11(5).
 This notification is valid for 12 months as per sec 14
 In the old Act preliminary notification u/s 4(1)
 Checklist for Preliminary Notification
 Administrative approval
 Land schedule (both hard and soft)
 Copies of RoR
 Project area Map
 Proof of deposit of Admn cost (10% IDCO/20% in other
cases.
 Draft Notification copy
 Certificates to the effect that
a) Land is not under scheduled area
b) Not under Irrigation Command area
c) No Gochar / communal land(proposal for exchange attached)
Under new Act abstract SIA report
 Activities during valid period of Notification
u/s 11(1)
 Preliminary survey of land.
 Hearing of objections u/s 15 such as to the area and suitability
of land, justification offered for public purpose, findings of SIA
within 60 days.
 The administrator shall prepare rehabilitation and resettlement
scheme including the rehabilitation colony with details of public
amenities and infrastructure facilities.
 The rehabilitation scheme shall be reviewed by the Collector as
well as by R&R Committee constituted u/s 45.
 The scheme shall be submitted to the Commissioner R&R for
approval of the government.
 After approval, it will be made available in the local language of
the panchayat / municipality and uploaded in the website of the
appropriate government.
 Role & Responsibilities of the Administrator u/s 16
 Sub- Collectors have been notified as the Administrator R&R in
respect of all projects situated within the concerned Sub- Division.
 Subject to the superintendence, directions and control of the
appropriate Govt and the Commissioner, R&R, the formulation,
execution and monitoring of the R&R Scheme shall vest with the
Administrator. (u/s 43)
 Upon publication of preliminary notification, the Administrator R&R
shall conduct a survey and undertake a census of the affected
families, which shall include;
 Particulars of land and immovable properties being acquired of each
affected family
 Livelihood lost in respect of land losers and other primary
dependents on such land
 A list of public utilities and Govt buildings which are affected, where
resettlement of affected families in involved
 Details of amenities and infrastructural facilities affected, where
resettlement of affected families in involved
 Details of any common property resources being acq uired
 Role & Responsibilities contd.
 The Administrator, on the basis of the survey and
census shall prepare a draft R&R Scheme, which
shall include;
 Particulars of the R&R entitlements of each land
owner and the livelihood losers
 A list of Govt buildings to be provided in the
Resettlement area
 Details of public amenities and infrastructure which
are to be provided in the Resettlement area
 Time limit for implementing the R&R scheme
 The draft R&R Scheme shall be made known locally
by wide publicity in the affected area and discussed
in the concerned Gram Panchayat or Municipalities.
Power, Duties and Responsibilities of the Administrator
(Rule 32 of RFCTLAR&R Rules 2016)
 To conduct survey and undertake census of the affected families
 Prepare a draft R&R Scheme
 To publish the draft scheme
 To make available the draft scheme to the concerned persons and
authorities
 To organise and conduct public hearing on the draft scheme
 To provide an opportunity to the Requiring body to make suggestions
and comments on the draft scheme
 To submit the draft scheme to the Collector
 To publish the approved acheme in the affected area
 To help and assist the district collector in preparing the scheme
 To monitor and supervise the implementation of the R&R award
 To assist in post implementation Audit of R&R and
 To do any other work required to be done for R&R.
 Public hearing on R&R Scheme
 A public hearing shall be conducted after giving
adequate publicity about the date, time and venue at the
affected area.
 Provided that where the affected area involves more
than one GP or Municipality, public hearing shall be
conducted in every GP where more than 25% of land
belonging to that Gram Sabha or Municipality is being
acquired,
 Consultation of Gram Sabha in scheduled areas shall be
as per the Panchayats (Extension to the Scheduled
Area) Act, 1996
 The Administrator shall on completion of the public
hearing shall submit the draft R&R Scheme along with a
specific report on the claims and objections raised in the
Public hearing to Collector.
 Review and Approval of the R&R Scheme
 Collector shall review the draft R7R scheme with the
project level R&R Committee constituted under section
45.
 Collector shall submit the draft scheme with his
suggestions to the Commissioner, R&R for approval.
 RDCs have been appointed as the Commissioner, R&R.
 The Commissioner shall approve and cause the approved
R&R Scheme made available in local language to the GP,
Municipality, offices of Collector, Subcoillector, tahasil,
and
 Publish in the project area and upload in the website of
the appropriate Govt.
 Declaration u/s 19(1)
 Similar to the declaration provisions u/s 6(1) of the old Act.
Government shall publish the declaration along with the area
identified for resettlement site.
 The collector shall publish a summary of the R&R scheme
and ask the requiring body, to deposit an amount full/part
towards cost of acquisition of land.
 The old Act was confined to declaration of the land details
intended to be acquired for public purpose as there was no
mandatory provision for Rehab. Colony and Resettlement
and Rehabilitation
 The validity of the declaration is 12 months from the date of
the declaration of publication otherwise the entire
proceedings will be lapsed.
 Checklist for Declaration u/s 19(1)
 Abstract of R&R Management Plan
 Approval of R&R Scheme
 Objection hearing case records(within 60 days from prelim
Notification)
 Copies of publications in two local dailies of prelim
notification
 Gazette Notification copy
 Public notice duly served locally
 Fund Certificate
Valid date of declaration within 12 months of
preliminary notification
 Notice to persons interested and the Award
 Collector to measure and mark out the lands and prepare a
plan u/s 20
 Publish public notice at convenient places, affected area and
in the website to the effect that claims to compensation and
R&R for all interests be made to him
 Date and time (not before 30 days and not beyond 6 months)
to appear before him in person or through agent/ advocate
 Notice to the occupiers. If persons interested residing
elsewhere, notice by post to the address last known and in
two national dailies and in website
 Collector shall make an award u/s 23 under his hand
considering the true area of land, compensation u/s 27 and
R&R Award u/s 31 and the apportionment of compensation
among all persons interested.
 The award within 12 months from the date of declaration
 Retrospective Effect (Section 24)
 Where no award u/s11 of the Land Acquisition Act, 1894 has
been made, then all provisions of this Act relating to
determination of compensation shall apply;
 Where an award has been made u/s 11, then such proceeding
shall continue under the old Act as if the said act has not been
repealed.
 Where award u/s11 of the LA Act, 1894 has been made 5 years
or more before the commencement of this Act but the physical
possession of the land not taken or compensation not paid –the
said proceeding shall be deemed to have lapsed and if required
fresh proceeding under new Act be initiated.
 If award has been made but compensation in case of majority
of land holding is not been deposited in the account of
beneficiaries then all notified land losers will be entitled to new
compensation calculation.
 Determination of Market value of land u/s 26
 BMV declared under the Stamp Act, or
 Average sale price for similar type of land in the nearest vicinity,

or
 Consented amount agreed upon; whichever is higher

For determination of average sale price;

 Sale deed of preceeding 3 years
 One-half of the deeds having highest price be taken
 Compensation amount earlier paid not to be considered
 Collector may discount any doc, if not indicative of actual price
 Market value shall be multiplied by a factor

 Tatal amount of compensation shall include cost of the assets

attached to the land

 Award of solatium 100% on tatal compensation.
 Sliding Scale for multiplying factor

Radial Distance from nearest Urban Multiplying factor

area( in Km)

0-10 1

>10- 20 1.2

>20-30 1.4

>30-40 1.8

Above 40 2
 Calculation of compensation as per First
Schedule
Sl Items (supposing the land value to be Amount
No Rs.1.00 lakh)
1 Market Value 1,00,000/-
2 Multiplied factor as per distance- 1,00,000/-
3 Total(1+2) 2,00,000/-
4 Cost of structure, trees etc 1,00,000/-
5 Total (3+4) 3,00,000/-
6 Solatium 100%- 3,00,000/-
7 Additional Market value @ 12% on land 24,000/-
8 Grand total 6,24,000/-
 Compensation
 LA Compensation to land owners is determined as
per Sec 26-30 read with first schedule
 Lump sum Compensation to
 Agricultural labourers–current minimum wage x 200
days
 Tenants and share croppers- 25000 per acre of land they
cultivate
 Artisans working for 3 years prior to acquisition-25000

All Payment within 15 days of award

 R&R Award by Collector
 U/s 31, Collector shall pass awards for R&R benefits as per
second Schedule of the Act
 U/s 32- Collector shall ensure the provision of infrastructural
facilities and basic minimum amenities specified in the third
schedule.
Collector shall possession of land u/s 38:
After ensuring full payment of compensation as well as R&R
entitlements
Timeline from the date of award u/s 30;
1. For Compensation - Within 3 months

2. For monetary part of R&R entitlements- within 6 months

3. For infrastructural entitlements under second and third schedule-

within 18 months
4. Incase of irrigation or hydel projects 6 months prior to
submergence
Collector shall ensure that R&R Process is complete in all aspects
before displacement
Additional compensation (100%) for second and successive
displacements
 Important R & R Benefits
 Resettlement and Rehabilitation benefits to all affected families (in addition to
compensation)
 R & R Package - Choice of employment/5 lakhs/Rs. 2000 per month for 20 yesr0
 One-time Resettlement Allowance: Rs. 50,000/
 Cattle shed/petty shops - Rs. 25,000/
 One time grant to artisan/traders/self employed - Rs. 25,000/
 Fishing rights in reservoir
 Land for land – Irrigation projects (as far as possible) I acre of land (2.5 acres
for SCs/STs in command area
Displaced Families
 Housing in case of displacement – Rural Areas (IAY specifications); Urban
areas (constructed house not less than 50 sq.mts in plinth area/min Rs. 1,50,000)
 Subsistence grant for all displaced families – Rs. 3000 per month for one year
(additional Rs. 50,000/ for SCs/STs).
 Transportation grant for all displaced families - Rs. 50,000/
– All monetary rehabilitation grants and benefits are adjusted based on the
Consumer Price Index.
– Stamp duty/registration to be paid by the requiring body
 Urgency Provision (Section 40)
 LA Act, 1894 empowers the appropriate
Government to acquire land under urgency
provision for any public purpose U/s 17 .
 However, in new Act urgency provision
restricted to:
 acquisition of land for defence of India; or
 national security; or
 for any emergency arising out of natural
calamities.
 An additional 75 percent of total compensation
shall be paid which was not a provision in Old
act
 Special provision for SC&ST u/s 41 & 42
 No acquisition in scheduled areas;
 If done as the demonstrable last resort
 Prior consent of Gram Sabha in scheduled areas
 If involuntary displacement, then Development Plan
 Shall be resettled preferably in the same Scheduled Area in a compact
block to retain ethnic, linguistic and cultural identity
 Any alienation of SC land in violation of laws in force is null and void. In
case of acquisition, compensation be paid to the original land owners
belonging to SC
 Fishing rights to ST and SC in reservoirs of hydel projects
 If SC and ST families relocated out side the district, additional 25% of
R&R benefit plus one time Rs.50,000/-
 All reservation benefits shall continue in the resettled area
 All the benefits and safeguards of the scheduled area shall be extended to
them even if resettled in areas other than scheduled area
 The community rights under the FRA shall be quantified in monetary terms
and paid to the individual proportionately.
 R&R in Private Purchases (Section 46)
 If private purchase is beyond certain limits as
specified by the appropriate Governments then
R&R benefits to be extended to the affected
families
 The limit is 50 acres in urban area and 2300
acres in Rural area.
 R&R scheme to be approved by the
Commissioner for the R&R
 No land use change permitted if R&R is not
complied as per the award passed by collector
 Application to Collector has to include the
purpose, particular of land to be purchased
 Institutional framework on LA R&R
Apart from the LA Act 1894 and subsequent RFCTLAR&R
Act, Odisha has separate R&R Policy, namely Odisha
Resettlement & Rehabilitation Policy 2006.
 District Compensation Advisory Committee (DCAC)- Collector
 State Level Compensation Advisory Committee (SCAC)- Member
Board of Revenue
 Rehabilitation and Periphery Development Advisory Committee
(RPDAC)- RDC
 Director, R&R- State level
 PD, R&R/ LAO at the project level depending on the workload.
Land Acquisition, Rehabilitation & Resettlement
Authority ( Sec. 51—75)

 Single member authority

 Reference to Authority within six weeks
of the Collector's award
 Cases to be decided in six months
 Jurisdiction of civil courts barred
 Appeals to High Court with in sixty days
 Miscellaneous
 Land/House allotted to be in joint name
 Benefits indexed to CPI
 Ownership cannot be changed
 Purpose for which acquired cannot be changed
 40% of the appreciated value to be shared with
original owners
 Section 101: Resumption/ return of land
If any land or part thereof acquired under the Act
remains unutilized for a period of five years from
the date of taking of the possession, the same shall
return to the Land Bank/returned to the original
land owners as specified by the appropriate
Government
 Process framework
For
Land Acquisition in Odisha
The Process Framework For Land Acquisition in Odisha

Filing the Requisition for LA by R.O. to Collector-cum-Appropriate

Govt

Reference by Collector to State SIA Unit

SIA Unit prepares ToR and ESTIMATE

Submission of SIA fee by RO

Notification for Social Impact Assessment study U/S 4(1)

Completion of SIA report within 6 month from the date of its

commencement
The Process Framework For Land Acquisition in Odisha
Appraisal of SIA Report by an expert group

Recommendation of expert group within 2 month from the date of

its constitution

Approval of SIA Report by Government

Notification for Land Acquisition u/s- 11

Declaration u/s-19

1 year time for issuing Declaration from the date of preliminary

Notification ---otherwise lapse

Enquiry and Land Acquisition Award by Collector u/s-30

The Process Framework For Land Acquisition in Odisha

R&R Award for affected families by Collector u/s-31

Publication of Award by Collector u/s-37(2)

Power to take possession of the land to be acquired u/s-38

Possession to be taken after ensuring full payment of compensation to

be paid within 3 months and R&R within a period of 6 months from
the date of the Award made u/s-30 and u/s-37
 RFCTLAR&R Rules 2016
 Notified in February, 2016
 Procedures elaborated and forms prescribed
Thank You
 Value of Govt land
As per IPR 2015.
ZONES LOCTAION Concessional rate in
lakh per acre
Zone-A Bhubaneswar Municipality area Rs.1.25 lakh /acre
Zone-B Urban areas under Dev Authorities of Cuttack, Cuttack &Rourkela
Rourkela, Berhampur, Sambalpur, Paradip,Puri, Rs.60 lakh
Angul and Jharsuguda others Rs.30 lakh
Zone C Bhubaneswar Sub-dvn, Khurda,Angul,Cuttack, Urban area- Rs.15
Jharsuguda, Panposh, Puri, Sambalpur lakh, Others Rs.6 lakh
Zone-D Sub-dvn of Athagarh, Urban area- Rs.10
Balasore,Berhampur,Chhatrapur, Champua, lakh
Dhenkanal, Jagatsinghpur, Jajpur, Keonjhar, Others Rs.4 lakh
Talcher
Zone-E Sub dvn of Banki, Baripada, Bhadrak, Baragarh, Urban-Rs.6 lakh
Bolangir, Jeypur, Koraput, Rayagada, Sundargarh others Rs.2 lakh
Zone-F Other areas like Anandapur, Athamalik, Baliguda, Urban- Rs.3.00 lakh
Bamanghati, Bhanjanagar, Bhawanipatna, etc Others- Rs.1 lakh
 BIENNIAL REVISION OF BENCH MARK VALUATION
 Rule 37 of Odisha Stamp(Amendment ) Rules,2001:Constitution of
District Level Valuation Committee under the chairmanship of
Collector and Sub- District(Tahasil) Level valuation Committee under
the chairmanship of Sub – Collector
 Rule 38: Sub – District level Committee collects data on valuation of
immoveable property, analyses the data and recommends property
value to the DLVC
 DLVC collects data on property value and property trends, complies
and analyses the data and fixes guideline value and sends for approval
of Govt.
 Rule 40: 1)Market value guidelines are revised biennially from the 1st
April.
2) In case the Committee fails to revise the valuation, the
Collector as chairman would enhance the value by 10% of the value
so fixed
 POWERS FOR SPECIAL REVISION OF
BENCHMARK VALUATION

Rule 44: The chairman of DLVC may order for a special

revision of market value guidelines in any specified
area under his jurisdiction in the following
circumstances leading to sudden changes in the
property value:
a) Setting up of an industry or group of industries or
infrastructure projects
b) Development of large scale housing projects
c) Any other special circumstances having an impact
on the value of immovable property in any
specified area.