ACQUISITION OF LAND FOR AEROTROPOLIS TOWNSHIP EXTENDED TILL NOVEMBER 2020
In expansion to Aerocity, Greater Mohali Area Development Authority (GMADA) is developing another independent township Aerotropolis, which will be spread over 5400 acres and will be developed in seven phases. This Aerotropolis Township comprises both residential and commercial spaces and will be situated in vicinity of Chandigarh International Airport. This vicinity to airport is provided keeping new IT City in the mind which is to be setup by GMADA in around 55 acres of land.
The said project will come up on both sides of Zirakpur- Banur road and in first phase land will be acquired in ChauMajra, Saini Majra, Patton, Manauli, Sian and Matranvillages.
To acquire 737 acres for the first phase, GMADA has issued a notification under section-11 of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, which pertains to preliminary notification for acquiring the land and calling objections from landowners.
Arina Duggal, land acquisition collector, GMADA, said: “The process for land acquisition has already started and notices under Section 11 of the Land Acquisition Act have been issued. Notices under Section 19 will be issued soon. We are hopeful of completing the process of acquisition by January 2020. We are giving preference to land pooling.”
This notification was issued after the completion of Social Impact Survey to ascertain impact on people whose land will be acquired for project. This SIA was carried out as per Section 4 of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. According to this survey majority of farmers shall lose their land holdings and also affects 63.41 percent of ChauMajra village residents and 61.4 percent of Patton village residents.
Also read-Hoshiarpur Land Scam
This acquisition is to be done under land pooling policy 2013, wherein farmers are offered housing and commercial sites in lieu of their land.Considering the demand of whose land is to be acquired, Punjab Cabinet has given approval to the partial amendment in the Land Pooling Policy, 2013, for creation of land bank in the area under the jurisdiction of GMADA; this approval to amendment has been given after deliberations with farmers and other stake holders. Under this land pooling scheme a farmer whose 8-kanal land will be acquired for this project will get four options – 1,000 sq yard developed residential site and 121 sq yard developed SCO site with FAR 1:3 and basement or 500 sq yard residential site and 300 sq yard SCO site with FAR 1:3 and basement or 800 sq yard residential site and 200 sq yard SCO site with FAR 1:3 and basement.
Similarly, against 4-kanal land acquisition, a farmer will get two options – 400 sq yard residential site and 100 sq yard SCO site with FAR 1:3 and basement or 500 sq yard residential site and 60 sq yard shop site with FAR 1:2 double storey and basement.
For every 3-kanal land acquisition, a farmer will get two options – 300 sq yard residential site and 60 sq yard shop site with FAR 1:2 double storey and basement or only 450 sq yard residential site.
Against 2-kanal land acquisition, a farmer will get two options – 200 sq yard residential site and 40 sq yard booth site with FAR 1:1 and basement or only 300 sq yard residential site.
And for every 1-kanal land acquisition, a farmer will get a residential site measuring 150 sq yards. The sites will be excluding the parking area.
In addition, landowners will also get exemption of stamp duty for equivalent of land purchased within three years and will also be exempted from payment of Punjab Land Records Society Facilitation Charges on purchase or sale of land pooling plots. Those who do not opt for land pooling will be compensated with Rs. 2 Crores per acre.
For this Aerotropolis Township, GMADA moving a step ahead has completed a drone survey to expedite the process of land acquisition and to obtain the exact use of land parcels- residential, commercial, institutional and services. This is the first time drones were used for landscaping of land to be acquired and to assess the compensation to be paid to the landowners. This drone survey includes collection of information such as built-up properties, vacant plots and land by mapping the land being acquired. Additional Chief Secretary (ACS), Housing and Urban Development, and Financial Commissioner Revenue, Vini Mahajan said “A total of 20 sq km area has been covered under the survey. Conducting the survey using drones is a cost-effective process for collecting information relevant for acquisition and an inventory is thus obtained of various structures, trees etc which propels the urbanisation process”
Also Read- Holding Period of Property
GMADA and PUDA Chief Administrator Ravi Bhagat said earlier, when survey was conducted with the help of satellites and images were obtained, it further required a topographical survey for laying the road network and other services. “The technique of drones is such that it has an inbuilt query system from which digital terrain model can be made which helps engineers for laying down water supply, sewer and other utility lines besides roads. This also helps in reducing the cost, which was earlier incurred by way of total station surveys. In addition, it cuts short the time taken to obtain satellite images and processing layout plans,” he revealed.
The proposed acquisition process is scheduled to be completed by January 2020, but due to unavoidable circumstances the notification under section-19 of the act was not issued by the Department of Housing and Urban Development within given time period. Whereas Governor of Punjab being satisfied that acquisition of land is in public interest and that there were circumstances beyond the control of the Department for delay in issuance of notification under section-19 and thus, the period of one year needs to be extended, by notification No. 6/05/2017/-6HG1 376 extended the project by three months up to 05.05.2020 under section 19(7) of the act.
This acquisition process was again extended till November 2020, owing to the COVID-19 lockdown. Sanjeev Kumar, GMADA estate officer said “We have extended the acquisition process till November and for the announcement of the ward under Land Acquisition Act, we have sent the file to authorities concerned for the approval. Once it is done, we will begin the process”. He further said the announcement of award for payment of compensation to land owners and other affected persons was practically the last step towards land acquisition after the department of housing and urban development issues a notification. Another senior official of GMADA said that development authority has to purchase the said land under land pooling policy 2013.
THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
Section-4: Preparation of Social Impact Assessment study.–
(1) Whenever the appropriate Government intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality or Municipal Corporation, as the case may be, at village level or ward level, in the affected area and carry out a Social Impact Assessment study in consultation with them, in such manner and from such date as may be specified by such Government by notification. (2) The notification issued by the appropriate Government for commencement of consultation and of the Social Impact Assessment study under sub-section (1) shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government:
Provided that the appropriate Government shall ensure that adequate representation has been given to the representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be, at the stage of carrying out the Social Impact Assessment study:
Provided further that the appropriate Government shall ensure the completion of the Social Impact Assessment study within a period of six months from the date of its commencement.
(3) The Social Impact Assessment study report referred to in sub-section (1) shall be made available to the public in the manner prescribed under section 6.
(4) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other matters, include all the following, namely:—
(a) assessment as to whether the proposed acquisition serves public purpose;
(b) estimation of affected families and the number of families among them likely to be displaced;
(c) extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition;
(d) whether the extent of land proposed for acquisition is the absolute bare- minimum extent needed for the project;
(e) whether land acquisition at an alternate place has been considered and found not feasible;
(f) study of social impacts of the project, and the nature and cost of addressing them and the impact of these costs on the overall costs of the project vis-a-vis the benefits of the project:
Provided that Environmental Impact Assessment study, if any, shall be carried out simultaneously and shall not be contingent upon the completion of the Social Impact Assessment study.
(5) While undertaking a Social Impact Assessment study under sub-section (1), the appropriate Government shall, amongst other things, take into consideration the impact that the project is likely to have on various components such as livelihood of affected families, public and community properties, assets and infrastructure particularly roads, public transport, drainage, sanitation, sources of drinking water, sources of water for cattle, community ponds, grazing land, plantations, public utilities such as post offices, fair price shops, food storage godowns, electricity supply, health care facilities, schools and educational or training facilities, anganwadis, children parks, places of worship, land for traditional tribal institutions and burial and cremation grounds.
(6) The appropriate Government shall require the authority conducting the Social Impact Assessment study to prepare a Social Impact Management Plan, listing the ameliorative measures required to be undertaken for addressing the impact for a specific component referred to in sub-section (5), and such measures shall not be less than what is provided under a scheme or programme, in operation in that area, of the Central Government or, as the case may be, the State Government, in operation in the affected area.
Section-11: Publication of preliminary notification and power of officers.–
(1) Whenever, it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be published in the following manner, namely:—
(a) in the Official Gazette;
(b) in two daily newspapers circulating in the locality of such area of which one shall be in the regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabha or Sabhas at the village level, municipalities in case of municipal areas and the Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notification issued under the said sub-section in all cases of land acquisition at a meeting called especially for this purpose.
(3) The notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under section 43.
(4) No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such notification till such time as the proceedings under this Chapter are completed:
Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this subsection: Provided further that any loss or injury suffered by any person due to his wilful violation of this provision shall not be made up by the Collector.
(5) After issuance of notice under sub-section (1), the Collector shall, before the issue of a declaration under section 19, undertake and complete the exercise of updating of land records as prescribed within a period of two months.
Section- 19: Publication of declaration and summary of Rehabilitation and Resettlement.–
(1) When the appropriate Government is satisfied, after considering the report, if any, made under sub-section (2) of section 15, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the ―resettlement area‖ for the purposes of rehabilitation and resettlement of the affected families, under the hand and seal of a Secretary to such Government or of any other officer duly authorised to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same preliminary notification irrespective of whether one report or different reports has or have been made (wherever required).
(2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with declaration referred to in sub-section (1): Provided that no declaration under this sub-section shall be made unless the summary of the Rehabilitation and Resettlement Scheme is published along with such declaration:
Provided further that no declaration under this sub-section shall be made unless the Requiring Body deposits an amount, in full or part, as may be prescribed by the appropriate Government toward the cost of acquisition of the land: Provided also that the Requiring Body shall deposit the amount promptly so as to enable the appropriate Government to publish the declaration within a period of twelve months from the date of the publication of preliminary notification under section 11.
(3) In projects where land is acquired in stages, the application for acquisition itself can specify different stages for the rehabilitation and resettlement, and all declarations shall be made according to the stages so specified.
(4) Every declaration referred to in sub-section (1) shall be published in the following manner, namely:—
(a) in the Official Gazette;
(b) in two daily newspapers being circulated in the locality, of such area of which one shall be in the regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(5) Every declaration referred to in sub-section (1) shall indicate,—
(a) the district or other territorial division in which the land is situated;
(b) the purpose for which it is needed, its approximate area; and
(c) where a plan shall have been made for the land, the place at which such plan may be inspected without any cost.
(6) The declaration referred to in sub-section (1) shall be conclusive evidence that the land is required for a public purpose and, after making such declaration, the appropriate Government may acquire the land in such manner as specified under this Act.
(7) Where no declaration is made under sub-section (1) within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded:
Provided that in computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded:
Provided further that the appropriate Government shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same:
Provided also that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.
Also read- Consumer Case against Bajwa Developers
For case specific advice on property matters related to Land Acquisition, one may contact top/best expert Property Lawyers in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Mullanpur Baltana.
This post is written by Diwakar Ayyala. More on 99888-17966.