Day-3, Mr. Rajiv Yadav

Proposed Measures to Eliminate Delays

REVIEW OF LAND ACQUISITION STATUS

The National Highways Act 1956

U/s 3(a) – Appointment of Competent Authority.

U/s 3(A) – Declaration of Intention to Acquire Land Essentials

U/s 3(C) – Hearing of Objections

U/s 3(D) – Declaration of Land Acquisition

U/s 3(E) – Power to take possession

U/s 3(G) – Determination of compensation -

The Process of LA Under NH ActIdentifying LA Requirement by Feasibility

StudyNotification

for Appointment

of CALA

Proposal for 3A

Notification by CALA with

Details of Land

intended for Acquisition

3A Notification

Invitation of Objection by CALA giving

21 days time. Disposing

the Objections Received.

Proposal for 3D

Notification by CALA with

Details of land to be Acquired

3D Notification

Determination of

Compensation by CALA

and Publication of

3G Award

Examination of 3G Award by RO and release of

fundUpto 25

Crores by RO>25 Crores by NHAI HQ Payment of

Compensation to Land Owners by CALA

and 60 days Notice for eviction

Arbitration Process in case of

Compensation amount fixed by

CALA not Acceptable

Physical Possession of Land to NHAI

Reasons for Delay in Projects Under Monitoring

Projects Under Work Plan 2011-12(Total 60 Projects)

22 under Feasibility

Study

Feasibility to be submitted 14

Recently Submitted 8

(after May 2011 )

CALA Appointed in 14 Projects

14 not Critical

Substantial Land Already

Available for 11 Projects

3 Projects Under

Advanced Stage of Acquision

24Status of Balance

Projects

11 Projects at 3(D) Stage &

Beyond

13 Projects at 3(A) Stage

Projects requiring close monitoringunder Works Plan 2011-12

Broad Reasons For Delay-State wise• Kerala, Goa,

Himachal & Partly AP

• Assam, UP, West Bengal, Tamil Nadu, Maharashtra & Orissa

• J&K, Punjab, UP & Haryana

• Karnataka & UP

Alignment Issues & Resistanc

e by Public

Slow Progress

in LA

High Rate of Compensati

on

High Number of Arbitration

Cases Delay in

Appointment of CALA

Broad Reasons For Delay-State wise• MP, Assam,

Uttarakhand UP, Orrisa, Jharkhand & Goa

• Tamil Nadu, MP, UP & Rajashthan

• West Bengal & Jharkhand

• Bihar & UP

Forest Related Issues

High Quantum of Land

Acquisition

Poor Land Records

Delay in Eviction

of Encroach

ment

Defence Land

M.P.

LA: Issues • Policy Issues

No time limit for award of compensation

No provision for de-notification of excess land

No provision of time limit for filing the cases for arbitration

Methodology of Market value not provided

Issues…..• Institutional/Implementation Issue

Poor Quality of manpower with DPR consultants at field level

Shortage of manpower with CALA

Delays due to changes in alignments• Alignments of highways frequently altered.• Preparation of faulty draft notification by DPR consultants

mismatching with the alignment-missing plots etc.

Time lost in arbitration

Issues……. Inherent delays in legal formalities

Competent Authority assigns low priority to land acquisition for NHAI

Payments which are not due under NH Act are included in the estimates

Erroneous/outdated revenue records leading to issue of incomplete/faulty notifications

LINKING LAND ACQUISITION WITH PROJECT ACTIVITIES

Project Activities Time Period Land Activities

Award of Feasibility Studies

0 month Establishment of PIU with manpower resources

Completion of Feasibility Studies

4-6 Months Appointment of Competent Authority

Invitation of RFQ 3 Months Notification under 3A

Invitation of RFP 3 Months Notification under 3D

Issue of LOA 2 Months Compensation Award Declaration

Signing of Concession Agreement

1-1/2 Months Disbursement of Compensation

Financial Close 6 Months Land in Possession

LA Status of Ongoing Projects (Started Before Jan 2009)

All figures are in Hectare

Critical Projects Started Before Jan 2009

18 Projects

LA Status of Ongoing Projects (LOA Issued between Jan 2009-March 2011)

All figures are in Hectare

Measures Adopted for LA

•Setting up of Special Land Acquisition Units (SLAUs)

•Strengthening the Manpower/physical resources with field units/State authorities

•De-centralization of powers:• Sanction of Compensation award up to 25 Crores by RO

•Setting up of Regional Offices

Measures to speed up LA Regular Meetings of High Powered Committee under Chief

Secretary preferably -once in two months

Formal public consultations by DPR Consultant at the time

of project preparation-To minimize mid course change in

scope

Monthly meetings of ROs and PDs with the District

Authorities and Nodal Officers of the State Government

Member(A) to hold meeting with nodal officers of 2 states

every month. CGM(LA) to cover 2 other states every

month.

State Support Agreement with the remaining State Govts

to provide support to concessionaire/contractors. (Gujarat,

Bihar, Kerala & UP)

Proposed Measures

• Amendment of NH Act in the emerging scenario

by:

Provision of solatium and interest at par with LA

Act

Prescribing time limit for awarding the

compensation

Provision of withdrawal for the land which has

been acquired in excess

Prescribing time limit for filing the arbitration

cases

Proposed Measures: Forest/Environment clearance

• De-Linking Forest Clearance from Environment Clearance

• Requirement of consent of Gram Sabhas of under Forest

Rights Act for Forest Clearance needs review for non

tribal areas

• Laying Standard Conditions for clearance for all Highway

Projects

• Resurfacing, Strengthening and Widening be allowed on

the existing roads where no Wild Life diversion is

involved.

Recent Achievements in Land-Acquisition

2007-08 2008-09 2009-10 2010-11 2011-12Upto Jul

2011

3A 6000 6000 23359 8533 4450

3D 4000 4000 6190 14100 5155

Possession 3684 3120 6244 8577 3731

All figures are in Hectare

Likely Scenario in Land Acquisition

• Increase in Compensation rates: LA component of Project may rise from 12 % to 30% of the Total Project Cost•Element of Annuity to the land owners may be introduced•Ban on acquisition of irrigated land may be imposed •To impact financing plan of NHAI •Rising expectations of Farmers may delay LA activities

Thank You