14. Procedure for
The proceedings regarding issue of N.O.C. by DC/SLLAB and fixation of market price by District Land Price Fixation Committee shall run simultaneously. The list of factors that should weigh with DLPFCs while determining the market price of land can at best be illustrative and not exhaustive. All data listed for presentation to SLLAB shall also be placed before the DLPFC. In addition data in relation to sale transactions in the area during one year preceding the notification under section 4 of the Act shall also be furnished as per details below :--
|
Serial No. |
No. & date of Regist-ration of the sale |
Area Class- wise |
Consideration |
Remarks |
|
(i) Data of sale transactions in the village during the year preceding the Notification u/s 4 of the Act (Give Sl..No. of transactions date wise.) (ii) Date of sale transactions in the vicinity of the land acquisition (Give distance of the vicinity and name of village, Hadbast etc.) (iii) Average rate per acre of various kinds of land as worked out from the transactions in S.No.(i) above. (iv) Average rate per acre for various kinds of land as worked out from the transactions mentioned in S.No. (ii) above.
(v) Particulars of award, if any, announced in the village during last 5 years. (vi) Particulars of Award, if any, announced in the vicinity during the last five years (name of village Hadbast No. distance from acquired land) (vii)Particulars of Court decisions, if any, announced in the village during last 5 years. (viii) Particulars of Court decisions, if any announced in vicinity during the last 5 years. (name of village, hadbast No. distance from acquired land) (ix)Present land use of area proposed to be acquired. (x) Whether any part of land has any special features such as nearness to abadi or main road to justify higher price ? (Also refer to ‘Shajra Aks’ and site plan and site plan of surrounding area). (xi) Whether there were any special feature in the land sold during the past one year which may justify approval of rates lower than the average rates ? (xii)Video film, if any, of the area taken after notification under section 4. |
Date of Award -do- Date of decision -do- |
Date of noti- fication under Section 4 -do- Date of notification under section 4 -do- Agri-culture Horti-culture other trees Dairying Poultry Fisheries |
Rates per acre for various classes of land -do- Rates per acre allowed -do- Total area Other allied Activities Residential Commercial etc. |
Remarks Remarks Any special fruit trees and approx. Nos., Any special variety e.g. katha khair approx. Nos., No. of cattle heads etc. No. of units birds Approx. value -do- |
(xiii) While considering the market value of the
land provisions of Section 23 and 24 of the Land Acquisition Act, 1894 may also
be kept in view.
15. Guidelines for
Over the years due to rapid
urbanization and the land becoming a scarce commodity, locational factors like
proximity to a road, a town, an urban agglomeration and even the direction in
which a city is expanding have assumed far greater importance in determining
the market price rather than whether a
land is ‘chahi’ or ‘barani’ or even ‘banjar’.
Rather, such a distinction primarily based on kind of land may leave
unwarranted discretion in the hand of the Land Acquisition Collector. For determining market price, therefore, the
distinction between various classes of land such as ‘chahi’ and ‘barani’ can no longer be considered relevant
at the time of acquisition unless there are strong reasons to act otherwise.
Thus, a distinction may have to be made if the land is rocky or there are steep
hills or deep depressions of sand dunes which in the normal course would fetch
very low market price and its land use would be very restricted and the cost of
development would be high; share of khewatdars in ‘Nadis’ would also fall in
this category. There may even be a case for recommending higher rates on the
basis of locational advantage e.g., for fields along the main road irrespective
of whether the land is ‘chahi’ or ‘barani’ as compared to irrigated/chahi
fields in the interior.
As
per provisions of the Land Acquisition Act, the market price is to be
determined on the date of notification under section 4 and not on the date on which
the recommendations are made by the DLPFC.
Therefore, the Committee must insist upon the department to furnish the
details of transactions strictly for the period prior to the date of
notification under Section 4 of the Act.
DLPFC
shall conclude its proceedings in a manner to allow adequate time for taking
decision regarding issue of declaration under section 6 and not later than six
months from the issue of notification under section 4 of the Land Acquisition
Act. Since these recommendations are to
substitute the Collector’s rates as per the earlier Standing Order, they shall
be detailed and self-speaking and also contain reference to any difference of
opinion expressed by the department.
They should specifically mention the rates recommended earlier for any
other area in the districts, make comparisons and justify variation and also
mention any recent enhancement in Award made by the Courts in district,
vicinity, village or locality.
The
onus for conducting meetings of the DLPFC in a purposeful manner will be of the
Deputy Commissioners and it will be their duty that all material data is
presented to the Committee and their recommendations are justified fully on the
basis of facts and figures. A lumpsum amount will only be proposed if it represents
a negotiated price. Even then it shall be clarified whether it includes
solatium, interest etc. or not.
16. Valuation of
fixtures/structures, trees etc.
As soon as possible after a
notification under section 4 is issued, the Land Acquisition Collector shall
obtain report from competent technical officers regarding exact number and
valuation of structures, trees, wells, tubewells etc. on the land to be
acquired. For this purpose, the Land Acquisition Collector shall ensure that
the meetings of the various Technical Committees are held promptly after
notification under section 4. Their rough assessment must be made available
prior to notification under section 6 to enable the Administrative Department
to make up its mind. In case of buildings, XEN, PWD (B&R), in case of
tubewells XEN, PWD (Public Health), in case of fruit bearing trees Deputy
Director, Horticulture, and for other trees Divisional Forest Officer shall be
competent technical officers. In case of buildings, wells, tubewells and other
installations falling under jurisdiction of Irrigation Department , Executive
Engineers of the Irrigation Department will also be competent technical
officers.
The Administrative Department/Public Sector Undertaking may, however, associate its own technical staff with the competent technical officers concerned , and this staff may submit a separate report in case they differ with the recommendations being made by the competent technical officers. To add to the reliability of this data cataloguing /video filming/photography of important structures, fixtures, afforested area or cluster of valuable trees/fruit bearing trees may be resorted to in the presence of a representative of the department and an Executive Magistrate designed by the Deputy Commissioner immediately after the notification under section 4.For large tracts of land e.g. urban estates, and industrial projects, even aerial photography may be resorted to. The cost of this exercise shall be borne by the acquiring department. This cost will have to be provided by the department even though at certain stage it chooses not to proceed with the acquisition of the land. Standard per acre cost can be worked out and accordingly the Administrative Department should place funds at the disposal of Land Acquisition Collector, in the very beginning.
17. Procedure
for the concerned department – Approval of market rate :
The representative of the acquiring
department who was associated with the deliberations of the DLPFC shall
independently send his observations to his administrative department, if he so
desires.
In case the recommendations of the
DLPFC are acceptable to the Administrative Department these shall be
transmitted to the LAC. In case the
market rates recommended by the Deputy Commissioner/DLPFC are found to be
unrealistic the acquiring department may refer them back to the committee for
re-consideration stating the grounds necessitating it. After the matter is reconsidered by the
Committee and their revised recommendations are still found to be unacceptable,
the matter may be referred to the SLLAB together with reasons for difference of
opinion and the entire data relevant for decision making. It must be ensured that the needful is done
prior to issuing a notification under section 6 of the Act.
The LAC shall not have power to vary
the market rates more than 10% on either side after taking into consideration
the other evidence produced before him in case he decides to differ with the
market rates transmitted to him.
The Land Acquisition Collector will
also report to the Administrative Department the objections filed by the
landowners and other interested parties.
Based on position emerging from
paras 14, 15, 16 above, the Administrative Department shall proceed to decide
whether a notification is to be issued under section 6 of the Act or not, or
whether it is to be modified in any manner or any area is to be left out of the
acquisition proceedings. Rough cost
estimates of compensation payable for structures and fixtures must also be made
available for the same purpose.
18. Rate to be finalised before notification
under section 6 - It is reiterated
that each department is expected to ensure that the Collector’s rates are
available before proceeding with a notification under section 6 of the Act, as
the financial requirements have an important role in decision-making. There is no bar to a department arriving at a
negotiated price with the land owners at any stage in the acquisition
proceedings prior to the announcement of the Award. The procedure is laid down in paras 20 to 27
of the Standing Order. The procedure is
specially effective where drains are dug up under urgency provisions of the
Act. Similarly where structures are to
be raised as in the case of Sewerage Treatment Plants and transformers/Power
houses of the Electricity Board, and urgency provisions of section 17 have been
invoked, negotiations must be attempted immediately. The services of DLPFCs should be utilized by
the Departments if there is any hesitation on its own part to attempt these
negotiations single handedly. In any
case there is no point in leaving the exercise of price fixation in such cases
till the last minute since land cannot be abandoned once it is put to use.
19. Administrative department competent to
examine the record of Land Acquisition Collector - Although the decision on
quantum of compensation is considered quasi-judicial, this does not preclude
the Administrative Department from exercising appropriate supervision over its
Land Acquisition Collector. As per Section 15(A) of the Act the appropriate
Government may at any time before the Award
is made by the Collector under Section 11 call for any record whether by
way of inquiry or otherwise for the purpose of satisfying itself as to its
legality and propriety etc. This
provision gives the Government power to
examine cases where it is considered that any irregularity or illegality by LAC
will lead to announcement of Award for a
substantially higher amount. The
department should, therefore, satisfy itself not only about the propriety and
quantum of Collector’s Rates but also about the quality and quantum of
recommendations/assessment made by the Technical Committees. With proper
supervision at this stage it should be possible for the department to avoid
manipulation of data and inflated Awards.
Video filming/aerial photography
has already been provided for in para 16.
For purpose of section 11 and 15-A
of the Land Acquisition Act the word ‘appropriate Government’ shall mean Government
in the Department concerned and ‘authorised officer’ shall imply the
Administrative Secretary concerned.
B (I) PROCEDURE
OF COLLECTORS AFTER ISSUE OF NOTIFICATION UNDER SECTION 4
19-A(a) Act XXXVIII of 1923- The
disposal of objections. Any person interested (see
note under paragraph 17, supra) in any land which has been notified
under section 4 sub-section (I), may within 30 days from the date of
publication of the notification, object
to the acquisition of the land or of any land in the locality, as the case may
be. Every such objection must be made to
the Collector in writing ; and the following procedure is to be observed for
the disposal thereof :-
(i)
When
the Collector receives an objection he shall fix a date for hearing it and
shall give notice of the date to the objector and to the officer of the
department, or to the local body, on whose application the notification under
section 4 has been issued.
It
will generally be convenient to hear all objections after the limit of thirty
days has expired.
(ii)
On
the date fixed for hearing, if the objector appears either in person or by any
person authorised by him or by his pleader, that Land Acquisition Collector
shall give him adequate opportunity of making representation in support of his
objection and producing evidence that he wishes to produce. If the objector fails to appear in person or
by any person authorised by him in this behalf, the Collector may, if he thinks
fit, make, an ex parte enquiry
regarding the objection. In either case,
he shall without unnecessary delay , report his opinion as to the validity of
each ground of the objection.
(iii)
The
Collector shall forward his report together with the record of his proceedings
direct to the Secretary of the corresponding Department of the State
Government, if the acquisition is for a department of the Central Government or
a Central Government undertaking and to the Secretary concerned when it
pertains to a State subject.
(iv)
No
costs shall be allowed.
(b) If
the State Government after consideration of the report of the Collector decides
to withdraw from the acquisition proceedings, the notification under section 4
of the Act shall be cancelled without delay.
NOTE:-THE LAST OF THE DATE ON WHICH THE
NOTIFICATION UNDER SECTION 4 IS PUBLISHED IN THE GAZETTE OR THE TWO NEWSPAPERS
OR IN THE LOCALITY WILL BE TREATED AS DATE OF PUBLICATION OF THE NOTIFICATION.
19-B. Deleted.
C. Acquisition by
Private Negotiation
20. Advantages
of Acquisition by private negotiation - When the preliminary estimate has
been sanctioned by competent authority
it is to be determined whether the land should be acquired,—
(1)
by
private negotiation; or
(2)
compulsorily
under the Act.
The advantage of purchase by private
negotiations is that the 30% of the market price which has to be paid as
solatium for acquisition under the Act is saved. The risk of a higher price having to be paid
subsequently as a result of decisions by the Courts is also eliminated. In some cases purchase by private
negotiations may also be speedier than by acquisition under the Act. On the other hand, under the statutory
procedure there is perhaps less risk of an extravagant valuation and compliance
with the necessary formalities ensures the vesting of the land absolutely in
the Government free of all encumbrance.
Where there is the faintest doubt regarding the title of the person in
possession or where there is any reason to fear that the land may be encumbered
to an unknown extent, private negotiation is out of the question. In other
cases, decision to purchase land by private negotiations should be taken at the
level of the Head of Administrative Department
concerned. If it is decided to
purchase the land by private negotiation, the negotiations should be conducted
by the officers of the Department concerned.
The Deputy Commissioners will, however, supply them with preliminary
estimate of value and the Collector’s rate just as they would do in a case in
which it is proposed to acquire land under the Act.
NOTE:- The State Government will not
undertake any acquisition of land by private negotiations for any department of
the Government of India or any other State Government.
21. Initial proceedings when acquisition is by private agreement - Even where land is proposed to be acquired by negotiations it is desirable that preliminary notification under section 4 is issued so that in the event of failure of negotiations the land can be acquired under the Land Acquisition Act without further delay.
22. Duties of Deputy Commissioners when
acquisition is by private agreement - The Deputy Commissioners shall render to
officers of other Departments conducting
private negotiations preliminary estimates in the manner described in
part B of this order. But a Deputy
Commissioner shall not carry out private negotiations for any other Department
unless the department acquiring the land has itself failed to acquire land by
such negotiations and has requested for D.C.’s help in the matter.
23-I. Abstract of title to be obtained - The Officer conducting the
negotiations must in each case obtain from the vendor a complete abstract of
title extending over the full period of limitation for suits relating to
immovable property (twelve years) supported by all documents of title on which
the vendor relies, and accompanied by strict proof of all matters and facts
forming a link in the chain of his title.
23-II. Original documents to be examined - It is not sufficient to obtain mere copies of
documents of title; it is of the prime importance to examine such documents in
original where title rests upon that.
23-III. Precautions to be taken in the case of minor
vendors - If the
vendor is a minor he can act only through his guardian and the competence of
the guardian should be scrutinized particularly in the case of Muslims. If there is no guardian, competent to
alienate the minor’s rights one would have to be sought from the civil court.
24. Procedure for concluding a bargain by
private negotiation- The
procedure to be followed in concluding a bargain by private negotiation is as
follows :-
(a)
Agricultural land - When agricultural land is to be acquired, and the jamabandi entries for
12 years show an undisputed title, and the value of the land does not exceed
Rs.2,000 a Deputy Commissioner, may, with the sanction of the Commissioner of
the Division acquire the land. In
reporting the matter for sanction, the Deputy Commissioner should submit copies
of the jamabandi entries and the draft deed of sale.
(b)
Other cases - In
other cases the officer concerned must submit to the head of his department a
report with full details showing the nature of the land, the persons interested
in it, and the nature of their claims.
The report must be accompanied by the proof of title described in
paragraph 23-I above and a draft of sale.
(c)
A
model form of sale deed is annexed as appendix A; but Commissioners and Heads
of Departments should submit the draft sale deed to the Legal Remembrancer for
approval in every case where a special condition is to be agreed upon and in
every other case of doubt. If the
special condition is to be performed before the deed is executed, the officer
concerned should see to its actual performance before he executes the deed; and
the fact that the condition has been performed, should be recited in the first
appropriate blank space in the model form.
Other types of conditions, e.g., restrictive covenants by the vendor
where he retains other land adjoining the actual land sold will be unnecessary
because the model form conveys all easements, etc., but even in such cases the
existence of such a easement, etc., could with advantage, be recited and even
emphasized as “special conditions”.
When
incorporating any special condition in the model form the circumstances of the
proposed condition should be inserted in the space left for the purpose in the
recitals and operative portion respectively so as to bring them clearly to the
notice of the Legal Remembrancer. Further, the conditions should be defined
where necessary in a plan or schedule or both.
These
remarks apply mutatis mutandis to
covenants undertaken by the President as vendee.
25. I Conclusion of negotiation – On receipt of the Commissioner’s sanction or
the sanction of the head of the department as described in the preceding
paragraph, the officer concerned will inform the vendor of his readiness to
conclude the transaction on the vendor’s-
(a) handing over possession of the land
sold and all former title deeds relating to it, and
(b) executing and causing to be
registered and delivered to such officer a valid deed of sale, on proper
stamped paper in the form supplied by such officer at the time and that on the
vendor’s complying with those requirements, the purchase money will be paid to
him. (Government of India, Home Department - Judicial, No. 485-501,dated the 28th
March, 1895).
25-II-A Signatures
of Deputy Commissioner, when necessary - A conveyance in favour of Government ordinarily
only requires execution by the vendor. If the instrument in any case contains
stipulations binding on Government in favour of the vendor then the signature of the Deputy Commissioner
is necessary.
26.I Statement required at the time of payment
- At the time of
making payment to the vendors, the
officers concerned shall draw up a statement in the form given below :-
Date of statement____________________________________
Name of work for which land has been bought_____________
No. and date of letter of head of department sanctioning opening of private
negotiation :
No._______________________dated__________
Date of letter sanctioning purchase No.________________dated_______
Statement
showing the price settled by the parties for a plot of land situated in the
village of____________________No. in tehsil __________district acquired by
private negotiation :-
|
1. |
2. |
3. |
4. |
5. |
6. |
7. |
8* |
|||
|
|
Name of person to whom payments due |
Area of land |
Khasra and jamabandi numbers of land |
Abate-ment of land revenue |
Total amount due to each person |
No. and date of Voucher No. Date |
Date on which possession was taken |
_files/image001.gif){kind=small}
*To be
filled in by the auditing office.
Officers
acquiring the land are requested to note at the foot of the statement the
harvest from which the abatement of land revenue is to have effect.
26-II. With reference
to column 5 of the above statement, it must be remembered that the statement
showing the reduction in the land revenue (vide paragraph 79 infra) is
to be submitted whether the land is acquired by private negotiation or
compulsorily.
27. Payments how to make - Payments should be made in accordance with the
entry in column 6 of the above statement and receipts or an acquittance roll
taken from the vendors in the same way as in the case of acquisition under the
Act (see paragraph 75 infra).
The officer purchasing the land will forward the statement prepared
under paragraph 26 supra and receipts or acquittance roll to the audit
officer with whom he is in account (see para 76 infra) when
forwarding to him the account of the month in which payments are made.
27-A. Payments
–when to make - In order to avoid any possible claims for interest,
payments must be made before or immediately after taking possession. If for any reason this course is
impracticable, the circumstances of the case are to be reported through the
Commissioner and Financial Commissioner for the information of the Government
in the acquiring department.
D. Compulsory Acquisition
under
Act I of
1894
28.
General instructions - Where action is taken under this part, i.e.,
the land is acquired compulsorily it is essential to conclude the transaction
with as much expedition as is compatible with accuracy. When the Collector of the district knows that
a notification under section 6 is likely to issue, he should have all
preparations complete as regards acquiring officer, establishment forms, etc.
so that on issue of the notification the proceedings may begin at once. Under ordinary circumstances the transaction
should not take more than six months after issue of the notification under
section 6. When necessary the service of
a special officer should be applied for (vide paragraph 32 infra).
29. General
Instruction - All correspondence
should be marked “Land Acquisition” urgent so that the least possible delay be
caused in dealing with it in the different offices.
30-I Notification under section 6 – A notification under section 6 must
issue in all cases in which it is intended to put Act I of 1894 in force. As in the case of a notification under
section 4, it will be prepared by the departmental officer, in the form given
below, and sent by him to the Collector of the district for check and should
similarly be accompanied by a statement giving full particulars of any
religious buildings, tombs, and graveyards on the land. As in the case of a notification under
section 4 this step may be dispensed with under the order of State Government in any case in which owing
to the large area involved or any other cause, the preparation of necessary
statements would cause inordinate delay.
The check will be of the same nature as that described in paragraph
17-III, supra. After it has been
checked the draft notification will be drawn up in duplicate exactly in the
same way as a notification under section 4.
30-II. Form
of Notification - After check the notification will be returned to the
departmental officer concerned and forwarded by him to the head of his
department for submission to the Secretary to Government concerned for
publication in the Gazette.
The notification will be in the following form:
-
Notification by
Government in Gazette under section 6, (Act I of 1894).
Whereas
it appears to the Government of the Punjab that land is required to be taken by
Government on the public expense for a public purpose, namely,____________________________________and
_________________________it is hereby declared that the land described in the
specification below is required for the above purpose.
This
declaration is made under the provisions of section 6 of the Land Acquisition
Act, 1894, to all whom it may concern and under the provisions of section 7 of
the said Act, the Collector of__________, is hereby directed to take order for
the acquisition of the said land.
Plans
of the land may be inspected in the offices of the Collector
of______________________________district and of the Executive
Engineer,________________________________,Division_____________________________________________.
SPECIFICATION
District_________________________,
Mauza______________________
Tehsil__________________________, Area in
Acres_______________
DIRECTIONS AND BOUNDARIES
North---------belonging to-----son of-----son
of--------------of-----
East-----------belonging to-----son of-----son
of--------------of----
South---------belonging to-----son of-----son
of--------------of-----
West----------belonging to-----son of-----son
of--------------of----
NOTE:- The
law requires that the description of land should be specific. Thereafter, small areas required for
hospitals, schools etc. may be described
by their khasra numbers. But in the case
of bigger schemes like the building and roads of irrigation projects, a broad
description should be given followed by the demarcation of site which should be
completed within 15 days after the issue of the notification. In such cases the description should,
however, be specific and definite and not too general.
II.A. Report
of Collector w.r.t. objections - The Collector should also prepare and
submit confidentially to Government in the acquiring department through his
superior officer, a note dealing with the nature of, and weight to be attached
to, objections which have already been raised or are likely to be raised by
persons directly or indirectly interested or by any section of the public. If no objections have been raised or are
anticipated the fact should be stated, and it should at the same time be
explained whether in the event of acquisition the demolition of the buildings
or obliteration of the tombs will be necessary.