LAND ACQUISITION

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An amazing ppt presntation on the land acquisition procedure in KERALA state.prepared by T,J Joseph,Adhikarathil, Deputy Tahsildar,Kottayam.Mob 9447464502.

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KERALA:

KERALA LAND ACQUISITION PROCEDURES. LA Act 1894 as amended by LA Act 1984.

LAND ACQUISITION.:

LAND ACQUISITION. Presented by- T.J Joseph.Deputy Tahsildar , Adhikarathil House. Kottayam .

THE TEAM:

THE TEAM REVENUE SURVEY R. A

It is a bitter pill we have to swallow:

It is a bitter pill we have to swallow

Conditions for Land Acquisition:

Conditions for Land Acquisition 1.Existense of a public Purpose. 2.Acquisition should be as per rules and procedures . 3.Reasonable compensation. 4. Civil court has right to determine the compensation.

Land Acquisition Act .1894:

Land Acquisition Act .1894 It is a Technical Act. Land has to be acquired for public purpose as per rules and procedures…..

44th amendment:

44 th amendment Art. 31 Vs Art. 300A The right reserve the property as a fundamental right is reduced by that of legal right………

44th amendment:

44 th amendment Art. 31 Vs Art. 300A The right reserve the property as a fundamental right is reduced by that of legal right………

44th amendment:

44 th amendment

Land:

Land

Land:

Land land ……… Benefits to arise out of land… Things attached to land…….

Public Purpose- Art. 258:

Public Purpose- Art. 258 There is only a vague idea…………….

Obstacles:

Obstacles 1. Protests 2.Court Cases. 3.Alignment 4.Delay in procedures. 5.Fund 6.Poor monitoring.

Slide 14:

Notification Payment of compensation Declaration Valatiuon Survey & S D Award Taking possession LAND ACQUISITION CHART

Pre award stage.:

Pre award stage. Joint site Inspection stage. 6(1) and 4(1) stages. Award enquiry-5(A) The Draft Declaration. The Basis Valuation Record. The Detailed valuation statement Award.

LAND ACQUISITION:

REQUISITION LAND ACQUISITION

Role of requisitioning department:

Role of requisitioning department RD is doing the work as agents of requisitioning Authority….. But the role of RA is as much or more than that of RD…..

Requisition:

Requisition 3copies of the requisition Alignment sketch. Government order. Reason for urgency.

Requisition- preliminary problems:

Requisition- preliminary problems Incomplete requisition.

Requisition:

Requisition RA sends requisition to District Collector…. The District Collector appoints LAO and sends the requisition to LAO. LAO conducts preliminary site inspection.

Form----:

Form--- - Rule… 3(1) Appointment of collector to be published in the Gazette. 1

Requisition:

Requisition The requisition shall be in form No-2 along with the certificate. 2. Alignment sketch. 3.Administrative sanction. 4.Government order./A.S 5.Reason for urgency/ reso;ution

Form----:

Form--- - Rule… 4(1) LA Requisition from various departments. 2

Certificate:

Certificate Demarcation That the site was pegmarked on the ground and the demarcation approved by a responsible officer.

Certificate:

Certificate Plan The accurate measurements are furnished in the plan attached.

Certificate:

Certificate Objection That the objection of the land owners have been considered and that the selection of another suitable site less open to objection is impossible.

Certificate:

Certificate Sanction Sanction of the competentent authority exists.

Certificate:

Certificate Funds There is provision of funds.

Certificate:

Certificate compensation Agreed to pay compensation.

Project Evaluation Review Technique:

PERT Project Evaluation Review Technique

Joint site inspection..:

Joint site inspection..

JOINT SITE INSPECTION Farther than the Eye Can See :

JOINT SITE INSPECTION Farther than the Eye Can See

Joint site inspection..:

Joint site inspection.. Check the suitability of land. Identify the objectionable elements in or around the land. Accuracy of survey numbers. Identify the assessed lands. Collect the details of land owners. Rectify the discrepancies in the requisition.

Concern of the land owner..:

Concern of the land owner.. How much of my land is acquired……..? When the land is acquired……….? Is there any reasonable compensation……….? When will I get the compensation…………? How will I get the compensation……….?

Suitability report.:

Suitability report. The land should be suitable from the security point of view as well as the topographical situation of the land…… If it is aresidential area the number of families to be evicted and those whoare to be rehabilitated to be assessed. If the it is an agricultural land the No of labours loosing job may be considered.

Suitability report.:

Suitability report. In the case of agricultural land,the no of families affecting their livelihood may be considered. Availability of water,electricity,transport and telecommunication facilities to the land are also important. The impact on the environment and ecological conditions are also to be taken into account.

Joint site inspection..:

Joint site inspection..

After Joint site inspection..:

After Joint site inspection.. Rectify the requisition. Request preliminary expense . Request LAC/govt to sanction urgency. Send 6(1) notification to the Supdt.Govt press. Obtain Govt. Order if not yet received.

DENOVA:

DENOVA DANGER

PERT CHART:

PERT CHART Time Management is life management.

PERT CHART:

PERT CHART

30 days:

30 days Joint site inspection completed. Requested RA to sanction preliminary expense. Started to collect Basic Records. (BTR, TPR, Sketch)

Joint site inspection..:

Joint site inspection.. Check the suitability of land. Identify the objectionable elements in or around the land. Accuracy of survey numbers. Identify the assessed lands. Collect the details of land owners. Rectify the discrepancies in the requisition.

Suitability Report.:

Suitability Report. After joint Inspection send a suitability report to DC with copy to RA . This will be hepful to the RA to obtain Government order from Revenue(B) department if necessary.

60 days:

60 days Requisition rectified. - Requested LRC/Government to sanction urgency, if any. 6(1) Notification for survey and demarcation sent for publication.

Survey:

Survey

Conducting survey:

Conducting survey There should be advanced tour programme for surveyors. Assign specific target for surveyors. Review the work diary of surveyors and send it to DD Survey. Send the sub division records for approval.

Sanctioning Urgency:

Sanctioning Urgency State govt purpose- LAC Central Government purpose- concerned state govt. dept. Request should consist of-- Report of the LAO. Requisition – attested copy Alignment Sketch- BTR/TPR copies. Letter from RA for Urgency. Government order.

90 days:

90 days 6(1) published and survey works started. - Basic records Collected. . - Collection of Documents from SRO Started. List of structures sent for valuation. 4(1) notification Sent for publication…

4(1) Notification.:

4(1) Notification.

Form----:

Form--- - Rule … 5(1) Preliminary notification – Normal case- State Government purpose. 3a

Form----:

Form--- - Rule … 5(2) Preliminary notification – Normal case- Central Government purpose. 3b

Form----:

Form--- - Rule … 6(2) Preliminary notification – Urgency clause- State Government purpose. 3c

Form----:

Form--- - Rule … 6(2) Preliminary notification – Urgency clause- Central Government purpose. 3d

4(1) Notification:

4(1) Notification The public announcement that Land acquisition works started.. - The land is needed or likely to be needed by Government for a public purpose. - Nobody should deal with the land notified. Enables the land owner to file objection. Intention to enter the land

4(1) Notification:

4(1) Notification For a state Govt purpose , the notification can directly send to Govt press, Tvm. for publication. But for Central Govt. purpose the requisition should sent through concerned state Govt. Department for publication.

4(1) Notification:

4(1) Notification In the notification, ensure that the land to be acquired is not wrongly described ,Govt land are not included and there is no omissions. But the area may be an approximate one.

4(1) Notification- Modes of publication:

4(1) Notification- Modes of publication 1.In the Gazette. 2.In 2 local news papers. 3.In the locality.(V.O/LSG) The last date of such publication shall be the date of 4(1) If the last date of publication is missed the last date would never exist.

Govt. Land should not be included in 4(1) Notification-:

Govt. Land should not be included in 4(1) Notification- If included by mistake, it shall be cancelled by publishing a notice in form 18………………………

120 days:

120 days Survey works are going on.. 4(1) notification Published. Started preparation of Mahazar . Started collection of documents for valuation. Issue Notices for 5A Enquiry.

Form----:

Form--- - Rule … 7(1) Notice to land owner to furnish complaints if any, against the acquisition.( within 3o days of the publication of 4(1) ) Ordinary case- 5A enquiry. 4a

Form----:

Form--- - Rule … 7(2) Urgency clause.,,,,,,,,,,,,,, Public Notice after 4(1) ( to be published in VO. Taluk Office and LAO ) . 4b

Form----:

Form--- - Rule … 8(1) Notice for 5 A enquiry.,,,,,,,,,,,,,, to land owner who has filed objection ( . ) . 4c

Calling objection.:

Calling objection. In normal cases , immediately after 4(1) issue notices to land owners to file objections for conducting 5A enquiry. The objections must be filed within 30 days from the date of 4(1).

Remember.:

Remember. There is no 5A enquiry if the land is acquired under urgency clause.

5 A Enquiry:

5 A Enquiry 1.Public purpose. 2.Suitability. 3.Excess area. 4.Surplus land. 5.Objectionable element .

180 days:

180 days 4(1) published and 5A enquiry Conducted or Urgency Sanctioned. Agreement executed. Mahazar Prepared. Valuation steps going on. Survey/SD records approved…...

210 days:

210 days Survey process completed. Valuation nearing completion. Send DD for approval/publication.

The DD for approval :

The DD for approval 1.DD 2.Requisition. 3.BTR/T.P Account. 4.Survey sketch. 5.Reconcilation statement. 6.Objection Petition in original. 7. 5A enquiry report. 8.Confidencial report on objectionable element.

Form----:

Form--- - Rule … 8(5) Ordinary clause-Draft Declaration….. Central Government Purpose……. ( . To…. Govt ) . 5a

Form----:

Form--- - Rule … 8(5) Urgency clause- Draft Declaration….. Central Government Purpose……. ( . To….Government Secretary ) . 5b

Form----:

Form--- - Rule … 8(5) Ordinary case- Draft Declaration….. State Government Purpose……. ( To….Commissioner Land Revenue. ) . 5c

Form----:

Form--- - Rule … 8(5) Urgency clause.. Draft Declaration….. State Government Purpose……. ( To….Government secretary. ) . 5d

Publication of DD :

Publication of DD Gazette. Two dailies. Locality. Each notification should carefuly be checked.

Form----:

Form--- - Rule … 9(3) Notice of withdrawal if the land acquisition steps are dropped. . 6

Advance possession:

Advance possession Collector issues s.9 notice and take possession on expiration of 15 days of the date of notice. In taking possession of a building the occupier shall be given 48 hours notice to remove the movable properties. At the time of taking possesssion collector may tender 80% of the estimated compensation to the land owner.

Documents to be accompanied with D.D. for scrutiny:

Documents to be accompanied with D.D. for scrutiny 1 . Copy of Requisition 2. Published copies of Notification and public notice 3. Copy of B.T.R and T.P.extract 4.Survey sketch and S.D. records 5. Reconciliation statement 6. Objection Petitions, if any. 7. Report of enquiry u/s 5A 8. Confidential report on objectionable elements

Form----:

Form--- - Rule … 9(3) Agreement in stamp paper with the requisitioning authority and district Collector. (For non Govt. Purpose.) No DD without form -7 agreement. . 7

270 days:

270 days DD published. Valuation Completed. Send BVR for approval.

300 days:

300 days BVR approved Send DVS for approval.

BVR- Comparable sale method.:

BVR- Comparable sale method. 1.Value of the land in the open market at the time of 4(1). 2.Price paid for the same land . 3.Price paid for similar and similarly situated land. 4.Price paid for adjacent land having same advantage.

BVR- Basis land .Rule 10 (2):

BVR- Basis land .Rule 10 (2) 1.Genuine transaction. 2.After 4(1). 3.Similar. 4.Comparable size. 5.Similar advantage. Building and structures above Rs.5000 should be got valued by competent engineers,

Form----:

Form--- - Rule … 10(2) Detailed Valuation Statement. . 8

330 days:

330 days BVR and DVS approved Issue notices for award enquiry.

Form----:

Form--- - Rule … 11(1) Award Enquiry Notice (to be published in the site.) . 9a

Form----:

Form--- - Rule … 11(2) Award Enquiry Notice (to the land owner.) . 9b

Award enquiry.:

Award enquiry. To receive objection. 1.Measurement of land. 2.Value of the land. 3.Ownership of the land. 3 identification of the parties.

Award enquiry.:

Award enquiry. Documents to be produced. 1.Sale deed. 2.Non Encumbrance certificate. 3.Possession certificate. 4.Basic Tax Receipt. 5.Other relevant records. 6.Identification. Issue a Sample form for RA

Award enquiry.:

Award enquiry. The claim shall contain. 1.Sale deed. 2.Details of mortgage or charge on the land. 3.Rent or profit received for the past 3 years. 4.Whether the area is acceptable.

Award in form -10 :

Award in form -10 1.True area. 2.Market value. 3.Additional market value @ 12% p.a 4.Solatium 30% 5.Interest in the case of advance possession.

Prior approval of award (Proviso to Sec 11(1) Rule 12):

Prior approval of award ( Proviso to Sec 11(1) Rule 12 ) ( i ) below Rupees 1 Crore DC Rule 12(1)(a) (ii) between 1 and 2 Crores CLR Rule (1)(b) (iii) above 2 Crores Govt Rule 12(1)(c) Passing of Award Sec.11 Rule 12(1)

Passing of AWARD:

Passing of AWARD Award to be passed within two years from the date of publication of Declaration Award not to be passed unless LAO has sufficient fund at his disposal

390 days:

390 days Award enquiry conducted. Award passed. Issue notices for Taking possession of the land.

Form----:

Form--- - Rule … 12(1) Award . 10

Form----:

Form--- - Rule … 12(5) Agreement between land owner and requisitioning authority in the case of negotiated purchase. . 10a

Form----:

Form--- - Rule … 13(1) Notice of award to land owner to receive the award amount from LAO. . 10b

Form----:

Form--- - Rule … 13(2) Notice of award informing the land owner that the award amount is kept ar RD in the treasury. . 11

Form----:

Form--- - Rule … 15(3) Notice of award informing the land owner that the award amount is kept ar RD in the treasury. . 12

Form----:

Form--- - Rule … 15(3) Notice to the requisitioning authority regarding taken possession of land. . 13

Form----:

Form--- - Rule … 15(6) Form of Intimation to sub registrar to maintain land records. . 14

420 days:

420 days Award passed. Notices for taking possession issued Land Handed over. Compensation given. LAR filed.

Form----:

Form--- - Rule … 16 Form of reference to sub court…. Reference Application. . 15

Form----:

Form--- - Rule … 16 Schedule of information to court. . 16

Award cannot be modified.:

Award cannot be modified. After passing the award the LAO is not competent to amend the award or pass supplementary award. But he can correct any clerical or arithmetical errors or other mistakes or omissions apparent from the face of the records. The correction should be within 6 months and before making a reference under section 18.

The nature of the Collector’s award. :

The nature of the Collector’s award. The award is in the nature of an offer to the claimants and it becomes binding on them only when it is accepted by them. (AIR 1961 SC 1500; AIR 2003 SC 942)

Taking advance possession :

Taking advance possession in the case of urgency on the expiration of 15 days from the date of publication of Section 9 notification(Draft Declaration) the Government may take possession (Se. 17). In such cases award will be passed later. Even on taking advance possession the property will vest in the Government. (AIR 2002 SC 2532).

Vesting free of encumbrance: :

Vesting free of encumbrance: On taking possession, the property vests in the Government free of all encumbrances (2001 (8) SCC 143; AIR 2002 SC 2532). Easement is an encumbrance (See AIR 1955 SC 298; AIR 2001 SC 5431). But easement of necessity is not extinguished by acquisition (2005(2) SCC 164).

Payment of amount awarded by Collector :

Payment of amount awarded by Collector The Collector shall pay compensation within one month from the date of the award (rule 14) or deposit it in court if the persons to whom compensation is tendered by the Collector do not consent, receive it or if there is no person competent to alienate the land or if there is dispute as to the apportionment of it, the Collector shall deposit the amount in court. (Section 31).

Receiving under protest :

Receiving under protest A person who is aggrieved by the Award as to the extent of the property, apportionment, persons entitled to the amount or amount of compensation may receive the compensation under protest (Section 31(2) proviso). This protest is necessary for him to make reference application under Section 18 proviso (2).

Reference applications :

Reference applications Reference is made under Sections 18, 28A, 30 and 49(1) No court fee is payable on reference applications (1996(1) SCC 289, 2005 (4) KLT 520).

Reference application under Section 18 :

Reference application under Section 18 Who can file : 1) He must be an interested person. 2) He must not have accepted the award ( i.e , he must have received payment under protest) 3) Objection should be as to the measurement of land, amount of compensation, persons to whom which is payable or the apportionment of compensation 4) A beneficiary or government cannot file application under Section 18.

Protest :

Protest Protest may be registered in an application for payment of compensation. (1997 (1) KLT 768). The protest should precede receipt of compensation. It may be oral; it may be made in a reference application filed before receipt of the amount. But if there was neither oral protest, nor protest in writing, the mere fact of filing of a reference application on the next day of receipt of compensation does not raise an inference that there was protest. (2001(1) KLT 958 FB.).

Protest :

Protest If L.A.O. is not satisfied that there was protest he cannot be compelled to make a reference. (2004(3) KLT 348 overruling 2003(1) KLT 863). If a person who receives the amount under protest does not file a reference application no reference can be made. (1998 (2) KLT 898 and 2005 (1) KLT 583).

FORM OF APPLICATION :

FORM OF APPLICATION A letter written by the party may be treated as an application (2005(1) KLT 583) no form has been prescribed the Act (See 2006 (3) KLT 186. R. 16 A of Kerala L.A. Rules is ultra vires). For the effect of failure to receive compensation under protest (see -AIR 1992 SC 974). Contents of reference application Reference may be sought for in respect of four matters only. a) Measurement of land b) Amount of compensation c) Person to whom compensation is payable d) Apportionment of compensation

Application by post :

Application by post Application may be sent by post. But it must reach the L.A.O. before the expiry of the period of limitation. 1989(2) KLT 828; 1982 KLT 466 is not good law.

Application by co-owner :

Application by co-owner A co-owner may file an application on behalf of all the co-owners, in which case all the co-owners are entitled to enhancement (AIR 1991 SC 1966). But if it is not made on behalf of all the co-owners the co-owner who files an application alone will get the benefit ( AIR 1992 SC 974; AIR 1996 SC 1513 & AIR 2003 SC 620).

Joint Application :

Joint Application Husband and wife filed joint application. This was held proper (1995(2) SCC 376).

Limitation for filing application (Section 18(2) :

Limitation for filing application (Section 18(2) If the person making the application was present or represented before the Collector at the time the award was made the reference application should be filed within six weeks from the date of the award (1995 (2) JT 572). This includes of person who shall be deemed to be present or represented (AIR 2003 SC 942). Thus, if the claimant is represented by a counsel that is sufficient (AIR 2003 Ker.263). In other cases, the reference application should be filed within six weeks of the receipt of the notice from the Collector or within six months from the date of the Collector’s award, whichever period shall first expire.

Date of award :

Date of award For the purpose of Section 18(2) proviso (b) the date of award is the date on which the award is communicated to the party or the party either actually or constructively knew about the contents of the award (AIR 1961 SC 1500, 2005(1) KLT 79, 2000 (2) KLT 777 & 2005(7) SCC 440). When no communication is made If no notice is issued it is sufficient for a claimant to file an application within six months from the date of his knowledge of the contents of the award. No notice is necessary If the claimant is present when the award is passed, it is not necessary to issue notice. (1997 JT 123).

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) This provision enables a person to file an application for reference if he did not file an application under Section 18. The following conditions are to be satisfied: a). An award has been passed by the court b) By that award the court has enhanced the compensation awarded by the Collector. c) The applicant is interested in another land covered by the same notification d) The applicant did not make an application under Section 18 e) The applicant is aggrieved by the award of the Collector. f) Application under Section 28A is filed within three months from the date of the award of the court on thebasis of which re-determination is sought.

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) Condition No. (a) An award has been passed by the court: Only on the basis of a reference court award- and not an appellate award - an application under Section 28A is maintainable (AIR 1997 SC 1915) Anyone of successive awards may be the basis for an application under Section 28A. It need not be the first award (AIR 1995 SC 2259).

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) Condition No.(b) The court has enhanced the compensation: Only if the court has enhanced the compensation awarded in the judgment relied on, an application under Section 28A will lie. If in the appeal against that award the appellate court reduces the compensation the claimant under Section 28A will get only the reduced amount (2006(2) KLT 992)

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) Condition No.(c)=Both properties should be covered by the same notification: The property covered by the award relied on by the claimant and the property of the claimant should be covered by the same notification. It is not sufficient that they are covered by the notifications of the same date (1994 Maharashtra LJ 1414; AIR 2003 Ker. 263). Properties should be similar In the case coming under Section 28A also the properties of the claimant and the property covered by the award relied on by him should be similar and similarly situated.(2002 (2) KLT 569 ).

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) Condition No.(d) The applicant did not make an application: To make an application means to make an effective application. A person whose application under Section 18 has been dismissed or rejected on the ground of delay or other technical grounds is entitled to file an application under Section 28A ( AIR 2002 SC 3240, 2003 (3) KLT 705, 2004(7)SCC 753).

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) Condition No.(e) The applicant is aggrieved by the award of the Collector: A person who had not filed an application under Section 18 is entitled to file an application under Section 28A (AIR 2002 SC 3240, AIR 2004 Ker.1).

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) Condition No.(f) Application should be filed within three months: The limitation starts from the date of the award relied on and not from the date of knowledge of that award (1997 (2) KLT 24 SC, AIR 2003 SC 2949, 2003(3)KLT S.N.182). But the time requisite for obtaining a copy of the award relied on may be excluded.

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) Only land value can be re-determined In an application under Section 28A only value of the land can be re-determined and not of the improvements (2004(2) KLT 716). Market value as on Section 4(1) notification should be determined (2005(1) KLT 687).

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) Award on agreement In the case of an award passed by the Collector on agreement, Section 28A cannot be invoked (2005(2) KLT 39)

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) When appellate court reduces the amount If in an appeal against the award relied on by the claimant under Section 28A the compensation is reduced by the appellate court the claimant under Section 28A will get only the reduced amount (2006(2) KLT 992 SC).

Reference application for re-determination of compensation (Section 28A) :

Reference application for re-determination of compensation (Section 28A) When appellate court reduces the amount If in an appeal against the award relied on by the claimant under Section 28A the compensation is reduced by the appellate court the claimant under Section 28A will get only the reduced amount (2006(2) KLT 992 SC).

Mode of payment.:

Mode of payment. Land owner- D fom cheque . Disputed case- Court Deposit. Failed to appear- Revenue Deposit.

Form----:

Form--- - Rule … 16 Form of Schedule of information for reference to court. . 17

Form----:

Form--- - Rule … 17 Cancellation Notice is Puramboke Land is Published in 4(1) notice. . 18

Form----:

Form--- - Rule … 18 L A Case- Special Register. . 19

Form----:

Form--- - Rule … 18 Award Register. . 20

Form----:

Form--- - Rule … 18 Register of Land Acquisition Suits. . 21

Form----:

Form--- - Rule … 18 Register of Claims made by Land owners. . 22

Form----:

Form--- - Reference application. In triplicate . 22A

Form----:

Form--- - Rule … 12(2) Statement showing the compensation awarded on account of Land acquired.. . A

Form----:

Form--- - Rule … 13(3) Particulars regarding the acceptance by awardees. . B

Form----:

Form--- - Rule … 13(3) Particulars regarding the acceptance by awardees. . c

Form----:

Form--- - Rule … 14(3) CHEQUE- Form E for Revenue Deposit….. Form F is acknowledgement for the receipt of cheques . . D

S&B Act Section----:

S&B Act Section--- - Finalization of Survey Records. . 13

S&B Act Section----:

S&B Act Section--- - Publication of 6(1) notification in the gazette is for conducting survey of the land . 6(1)

Service of Notices.:

Service of Notices. 1.The person. 2Adult male member of the family. 3.By affixure . 4.Registerd Post.

Sanctioning Urgency.:

Within 30 days. Sanctioning Urgency.

DENOVA:

DENOVA DANGER

DENOVA..:

DENOVA.. LA steps will fall denova if, 1.DD is not passed within one year after publication of 4(1) notification…. 2.Award is not passed within two years after publication of DD

Planting of alignment stones if there is protest.:

Planting of alignment stones if there is protest. Plant Alignment stones immediately after the publication of 6(1) and mark the position of the stones in the alignment sketch and get it approved by RA. This proces should be jointly done by RA and LAO

After 6(1):

1.Conduct survey After 6(1)

After 6(1):

1. Prepare the list of structures and send it for valuation After 6(1)

After 6(1):

2.Prepare the SD records and get it approved. After 6(1)

POST AWARD ACTION:

LACM POST AWARD ACTION

Post award action:

Post award action 1- LAO fill up all the relevant colums in the LACM and 9(2) notice as per S&B Act is published in the Gazette to receive any objections regarding survey details. 2. Send notice in form 14 to the Sub Registrar under registered post. 3.Send the Award, LACM, Sketch, sub dvn. statement( All in duplicate) to Tahsildar and he sends one copy to VO to effect changes in Village Records .

Post award action At the Village Office:

Post award action At the Village Office 1- V.O makes Changes in FMB, ThandapeRegister, BTR,Puramboke Register,- and Kooduthal Kuravu Register. ( The LAO may send a surveyor from his office to make changes in the FMB) 2. If the land is for Govt purpose(PWD) Kooduthal Kuravu statement should be prepared for approval by RDO/Jamabandhi Officer. The entries should be made in the Register as PWD Puramboke. 3.If the land is for Self Governed Bodies TR should be conducted and Basic tax should be realised.

Post award action At the Taluk Office:

Post award action At the Taluk Office 1- After getting report from VO tahsildar make changes in the Taluk Land records and he fills up columns 27 to 31 in the LACM and returns to LAO.

Post award action At the LAO Office:

Post award action At the LAO Office After getting the LACM and after the expiry of 3 months after publication of 9(2) , the LAO publish the final survey notification u/s 13 of the S&B Act. In the Gazette,and Village Office. Get the publication report from VO. Send the completed LACM to District colector to decide the LA file as R: Dis.

LA – New Policy.:

LA – New Policy. Market value of the land. Eviction only after the disbursement of compensation. Rehabilitation. Land owner as the primary beneficiary.

Critical success factors.:

Critical success factors. Centralised monitoring. SMART review. Effective Joint verification. Communication. Personalised approach. Survey. Pert chart. Good Leadership….

FAST TRACK PROJECT.:

FAST TRACK PROJECT.

FAST TRACK PROJECT.:

FAST TRACK PROJECT. Projects. 1.Doubling of Railway Lines. 2.Four lining of the NH. 3.Vallarpadom Container Terminal Road and Rail. 4.International airport Thrvm.Kozhkd . 5.KSTP.

FAST TRACK PROJECT.:

FAST TRACK PROJECT. Principles. The land will be purchased from the land owners by direct purchase. The compensation package will be as per R & R principle. LA steps will be initiated against those who do not agree direct purchase. LA steps against the direct purchasers will be with drawn

FAST TRACK PROJECT.:

FAST TRACK PROJECT. 6. The direct purchase process will be initiated after 4(1) and 6(1). 7.Payment cheque will be issued by the R.A 8.The land price will be determined by the 5 member DLPC. 9.Recommendation of the DLPC to be approved d by the 7 member SLPC 10.Cabinet approval is required to nominate project under fast track.

Role of LAO:

Role of LAO 1.4(1) Notification. 2.6(1) Notification and survey. 3.Proposing market price to DLPC. 4.Verification of Documents. 5.Assist the RA to taken possession of the land. 6.Withdrawal of LA proceedings after direct purchase. 7.Proceed with LA steps in other cases..

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. Thank You………………………… T. James Joseph, Adhikarathil, Kottayam,Kerala.

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