1. Land Acquisition Process & Procedure
Presented by
Sri Avaya Kumar Nayak
Joint Secretary to Government
Revenue & Disaster Management Department,
Government of Odisha
ROTI, Bhubaneswar,

2. LAND IS THE MOST IMPORTANT REQUIREMENT FOR INDUSTRISAL AND INFRASTRUCTURE DEVELOPMENTS INCLUDING SOCIAL INFRASTRUCTURE

3. 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

4. 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.

5. 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.

6. ACQUISITION OF PRIVATE LAND AS THE LAST OPTION

7. 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)

8. 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

9. 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)

10. 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 101

11. Chapters in RFCTLAR&R Act
u/s
Subject/content
Chapter I- Preliminary I 1
Short title, extent and commencement 2
Application of the Act 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 5
Public hearing of Social Impact Assessment 6
Publication of Social Impact Assessment Study 7
Appraisal of SIA Report by an Expert Group 8
Examination of proposals for LA and SIA report by appropriate Govt 9
Exemption from Social impact Assessment
Chapter III-Special provision to safeguard food security
III 10
Special provision to safeguard food security

12. Chapter IV- Notification and Acquisition11
Publication of preliminary notification 12
Preliminary survey of land and power to carry out survey 13
Payment for damage 14
Lapse of Social Impact Assessment report 15
Hearing of objections 16
Preparations of R&R Scheme by the Administrator 17
Review of the Rehabilitation and Resettlement Scheme 18
Approved Rehabilitation and Resettlement Scheme to be made public 19
Publication of declaration 20
Land to be marked out, measured and planned 21
Notice to persons interested 22
Power to enforce the making of statements as to names and interests. 23
Enquiry and land acquisition award by Collector 24
LA process under Act of 1894 shall be deemed to have lapsed in certain cases 25
Period within which an award shall be made 26
Determination of market value of land by Collector 27
Determination of amount of compensation 28
Parameters to be considered by Collector in determination of award 29
Determination of value of thing attached to land or building 30
Award of solatium

13. Chapter V- Rehabilitation and Resettlement Award31
Rehabilitation and Resettlement award for affected families by Collector 32
Provision of infrastructural amenities in resettlement area 33
Corrections to awards by Collector 34
Adjournment of enquiry 35
Power to summon and enforce attendance of witnesses and production of documents. 36
Power to call for records etc. 37
Awards of Collector when to be final 38
Power to take possession of land to be acquired 39
Additional compensation in case of multiple displacements 40
Special powers in case of urgency to acquire land in certain cases 41
Special provisions for scheduled caste and scheduled tribes 42
Reservation and other benefits
Chapter VI-Procedure and manner of R&R VI 43
Appointment of Administrator 44
Commissioner for rehabilitation and resettlement 45
Rehabilitation and Resettlement committee at project level 46
Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons 47
Quantification and deposit of rehabilitation and resettlement amount

14. Chapter VII- National Monitoring Committee for R&R48
Establishment of National Monitoring Committee for rehabilitation and resettlement 49
Reporting requirement 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 52
Composition of Authority 53
Qualification for appointment as Presiding Officer 54
Terms of office of Presiding Officer 55
Staff of Authority 56
Salary and allowances and other terms and conditions of serving of Presiding Officers 57
Filling up of vacancies 58
Resignation and removal 59
Orders constituting Authority to be final and not to invalidate its proceedings 60
Powers of Authority and procedure before it 61
Proceedings before Authority to be judicial proceedings 62
Members and officers of Authority to be public servants 63
Jurisdiction of civil courts barred 64
Reference to Authority 65
Collector’s statement to Authority 66
Service of notice by Authority 67
Restriction on scope of proceedings 68
Proceedings to be in public 69
Determination of award by Authority 70
Form of award 71
Costs 72
Collector may be directed to pay interest on excess compensation 73
Re-determination of amount of compensation on the basis of the award of the Authority 74
Appeal to High Court

15. Chapter IX – Apportionment of Compensation IX 75
Particular of apportionment to be specified 76
Dispute as to apportionment
Chapter X- Payment X 77
Payment of compensation and deposit of same in Authority 78
Investment of money deposited in respect of lands belonging to person incompetent to alienate 79
Investment of money deposited in other cases 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 82
Power to enter and take possession and compensation on restoration 83
Difference as to condition of land
Chapter XII- Offences and Penalties
XII 84
Punishment for false information. Mala fide action etc. 85
Penalty for contravention of provisions of Act 86
Offences by companies 87
Offences by Government departments 88
Cognizance of offences by court 89
Offences to be non-cognizable 90
Offences to be cognizable only on complaint filed by certain persons

16. Chapter XIII –Miscellaneous91
Magistrate to enforce surrender 92
Service of notice 93
Completion of acquisition not compulsory but compensation to be awarded when not completed 94
Acquisition of part of house or building 95
Acquisition of land at cost of a local authority or Requiring Body 96
Exemption from income tax, stamp duty and fees 97
Acceptance of certified copy as evidence 98
Notice in case of suits for anything done in pursuance of Act. 99
No change of purpose to be allowed
100
No change of ownership without permission to be allowed
101
Return of unutilized land
102
Difference in price of land when transferred for higher consideration to be shared.
103
Provisions to be in addition to existing laws
104
Option of appropriate Government on lease
105
Provisions of this Act not to apply in certain cases or to apply with certain modifications
106
Power to amend Schedule
107
Power of State Legislatures to enact any law more beneficial to affected families
108
Option to affected families to avail better compensation and rehabilitation and resettlement
109
Power of appropriate Government to make rules
110
Rules made by Central Government to be laid before Parliament
111
Rules made by State Government to be laid before State Legislature
112
Previous publication of rules made by Central and State Government
113
Power to remove difficulties
114
Repeal and saving

17. IMPORTANT PROVISIONS IN THE NEW ACT COMPARE D TO OLD ACT
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 Safeguard, Food Security
Sec 10
This was not in the old Act
Publication of Preliminary notification
Sec.11 to Sec.18
It is equivalent to Sec.4 and Sec. 5(a) of old Act expect notification with SIA Report
Publication of declaration and Summary of R&R Scheme
Sec.19 to Sec. 22
This was equivalent to 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 land
Sec. 38
Equivalent to Sec. 16 of old Act.

18. IMPORTANT PROVISIONS IN THE NEW ACT Contd………..
Sec.in New Act
Remarks
Additional compensation in case of multiple displacement
Sec. 39
It is a new provision
Emergency provisions
Sec. 40
Equivalent to Sec. 17 of old Act.
Special provision of SC&STs
Sec. 41 to Sec. 42
No such provisions in old Act
Procedure and manner of R&R
Sec 43 to
Sec 47
It is equivalent to the provision of R&R policy of the state government and centre. Was not in the old Act.
State & National Monitoring Committee for R&R
Sec. 48 to
Sec 50
Establishment for Land Acquisition and Rehabilitation of the authority
Sec. 51 to
Sec 74
Similar provisions was their in Sec. 18 and Sec. 30 in old Act but not such elaborated as in the new Act.

19. 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)
Application of the Act for public purpose or govt. use
For strategic purpose relating to defence of India or safety of the people
For infrastructure projects defined u/s 2(1)(b) i to vii of the Act,
It includes projects for industrial corridors , mining and manufacturing zone.
Projects involving agro processing, warehousing, cold storage etc
Projects for water harvesting, water conservation, sanitation
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/
Projects for housing schemes etc

20. 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 for declaring land to be acquired for Private Companies
(a) for public private partnership projects, where the ownership of the land continues to vest with the Government, for public purpose as defined in sub-section (1); of SEC. 2
(b) for private companies for public purpose, as defined in sub-sec (1):
Provided that in the case of acquisition for-
(i) private companies, the prior consent of at least 80% of those affected 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

21. 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

22. 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

23. 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.

24. 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

25. 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

26. 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.

27. 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

28. 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

29. 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

30. 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.

31. 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)

32. 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
Land is not under scheduled area
Not under Irrigation Command area
No Gochar / communal land(proposal for exchange attached)
Under new Act abstract SIA report

33. 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.

34. 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 acquired

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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

41. 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

42. 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.

43. 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.

44. Sliding Scale for multiplying factor
Radial Distance from nearest Urban area( in Km)
Multiplying factor
0-10 1
>10- 20
1.2
>20-30
1.4
>30-40
1.8
Above 40 2

45. Calculation of compensation as per First Schedule
Sl No
Items (supposing the land value to be Rs.1.00 lakh)
Amount 1
Market Value
1,00,000/- 2
Multiplied factor as per distance- 3
Total(1+2)
2,00,000/- 4
Cost of structure, trees etc 5
Total (3+4)
3,00,000/- 6
Solatium 100%- 7
Additional Market 12% on land
24,000/- 8
Grand total
6,24,000/-

46. Compensation
LA Compensation to land owners is determined as per Sec read with first schedule
Lump sum Compensation to
Agricultural labourers–current minimum wage x 200 days
Tenants and share croppers per acre of land they cultivate
Artisans working for 3 years prior to acquisition-25000
All Payment within 15 days of award

47. 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;
For Compensation - Within 3 months
For monetary part of R&R entitlements- within 6 months
For infrastructural entitlements under second and third schedule- within 18 months
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

48. 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 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 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

49. 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

50. 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.

51. 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 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

52. 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.

53. Single member authority
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

54. 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

55. Process framework For Land Acquisition in Odisha

56. 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

57. 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

58. 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

59. RFCTLAR&R Rules 2016 Notified in February, 2016
Procedures elaborated and forms prescribed

60. Thank You

61. 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, Rourkela, Berhampur, Sambalpur, Paradip,Puri, Angul and Jharsuguda
Cuttack &Rourkela Rs.60 lakh
others Rs.30 lakh
Zone C
Bhubaneswar Sub-dvn, Khurda,Angul,Cuttack, Jharsuguda, Panposh, Puri, Sambalpur
Urban area- Rs.15 lakh, Others Rs.6 lakh
Zone-D
Sub-dvn of Athagarh, Balasore,Berhampur,Chhatrapur, Champua, Dhenkanal, Jagatsinghpur, Jajpur, Keonjhar, Talcher
Urban area- Rs.10 lakh
Others Rs.4 lakh
Zone-E
Sub dvn of Banki, Baripada, Bhadrak, Baragarh, Bolangir, Jeypur, Koraput, Rayagada, Sundargarh
Urban-Rs.6 lakh
others Rs.2 lakh
Zone-F
Other areas like Anandapur, Athamalik, Baliguda, Bamanghati, Bhanjanagar, Bhawanipatna, etc
Urban- Rs.3.00 lakh
Others- Rs.1 lakh

62. 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

63. 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:
Setting up of an industry or group of industries or infrastructure projects
Development of large scale housing projects
Any other special circumstances having an impact on the value of immovable property in any specified area.