1. Topics Covered:
(I)Land acquisition process for National Highways
(II)Land acquisition for container terminal at Cochin port
(III)Land evacuation, R&R lessons from the DIA (pg160-
164)
2. Differences between LAA, 1894 & NHA, 1956
Land Acquisition Act, 1894 National Highway Act, 1956
• Covers land acquisition for dams, industries , • Covers land acquisition only for national
hospitals, educational institutions, housings, highways.
commercial buildings, airports, railways, state
highways.
• Land acquisition handled by District Collector, • Land acquisition handled by a competent
his staff of land record keepers and surveyors. authority appointed by NHA.
• Collector must acquire land within 2 yrs, else • No time limit for land acquisition.
the proceeding collapses.
• No Urgency clause.
• Under urgency clause govt can acquire land
within 15 days of notification
• Solatium amount paid besides compensation. • No such provision.
• No ex-gratia grant under R&R Benefits in • An ex-gratia grant of minimum 20000 allowed
addition to compensation allowed. besides compensation allowed.
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
3. Reasons for delays Land Projects
Delays related to Land Acquisition
• Administration- Delay in appointment of competent authority
• Weak existing capacity, awareness and knowledge levels amongst planners and
executors
• Frequent transfers of planners and executors
• Inter-departmental works demand time
• Valuation process is time consuming
• Preparation of poor plans result in resettlement of claims
• Duplication of procedures
Delays related to Clearances
• Obtaining Forest, environmental and wildlife clearances are highly time consuming
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
4. Issues in Forest Clearances
• Required only for that stretch passing through the forest
• Preceded by Environmental Clearance
• Granted in 2 stages- In-principle approval stage final stage
• Additional and sometimes unreasonable and difficult conditions are imposed by
state forest departments besides conditions imposed by MoEF
Issues in Wildlife Clearances
• Required only for that stretch which disrupts the wildlife
• Preceded by Environmental Clearance
• Involves many stages and many departments like CEC, SC, NBW, SWAB etc
• Takes almost 2-3 years in getting final approvals
• Two stage clearance for surveying the area and final clearance create uncertainty
• Environmental and other clearances need to be taken up at DPR preparation stage
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
5. Issues in Environmental Clearance
• MoEF adopting procedures notified under EIA Notification,2006
• Environmental Clearance required for :
(i) New NHs of more than 30 kms
(ii) NHs of more than 30 kms and widening of more than 20 kms
• For each project MOEF drafts a separate TOR
• Based on TOR proponent authorities prepare complete EIA
• EIA to be then examined by the Govt.
• Time period for the process is 9 to 12 months
• Projects having Right of Way of 60 mts , standard norm, to be exempted from the
clearance
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
6. Way Forward
• Educate public and revenue officers on their duties and responsibilities, add extra
staff to mobilize high volume works
• Maintaining updated and accessible revenue records
• To update records in villages coming under project, prior to start of the acquisition
process
• Increase outsourcing of critical works
• MoEF should consider issue of uniform and reasonable policy guidelines by State
Governments
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
7. ICTT - Strategic location on the main east-west global
shipping lines
- Offering draft of about 16 m, Cochin is a premier
Development of International Container gateway to southern India
Transshipment Terminal in Vallarpadam island, - Cochin offers an alternative to Sri Lanka and
Kerala Singapore for containers being transshipped for the
Indian market.
1991 DPR was prepared
1992 Bids were invited for establishment of terminal with private participation
1998 Project report updated. Planned a state of art terminal with annual
handling cap of 3M TEU
Jan 2005 License agreement between Cochin Port Trust and M/s India Gateway
Terminal Pvt Ltd (BOT)
Nov 2006 Environmental clearance status for ICTT and SEZ status to the project
area
Nov 2007 Contract awarded – Phase 1 development of terminal (600m berth) - $150M
Dec 2007 Construction work started
Terms of agreement between CPT & IGT
Supporting infrastructure facility for rail connectivity to(PGPIM-
Presented By : Tusar & Sudhanshu
the project area at Vallarpadam
will be arranged by CPT 4th Batch AIIM)
8. - Unwillingness of people to give
up their land led to agitation
- People’s council formed
Govt. starts -Indefinite hunger strike and relay
Govt. of Kerala registration of sathyagraha
publishes land under - People were dissatisfied with
notification for DLPC scheme. Govt. R&R package (4 – 6 cents of
Phase 1 L/A land) and filed writ petitions at
High court
- High Court directs monetary
compensation for extra 0.5 cents
of land
10 Oct 07 15 Jul 08 11 Feb11
9 Apr 07 1 Jan 08
Govt. of
Kerala
publishes ICTT commissioned
All land owners
notification successfully with a capacity
accept High court’s
for Phase 2 to handle 1 million TEUs
order & surrendered
L/A annually
their land
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
9. Lessons learnt
• Acquiring a small size of land (4.3 ha) affected as many as 261 families
• Forced eviction led govt. to consider R&R package (NRRP-2007 makes R&R
mandatory only for those projects that involve displacement of more than
400 families)
• Major feature of R&R package – land for land and offering land to close
proximity to where the displaced used to live
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
10. LER&R-Lessons From DIAL
• DIAL is a joint venture consortium comprising the GMR Group
(50.1%), AAI (26 %), Fraport AG and Eraman Malaysia (10
%each), and IDF (3.9 %)
Land identified for development
faces issues on three key reasons:
•Environment concerns
•Social well being concerns
•Benefit sharing concerns
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
11. 147 cases challenging the land acquisition and the
compensation provided by AAI were pending in the Delhi High
court
Many families had sold the allotted land (Rangpuri village) &
continued to stay at their native village
Native sold their land to outsiders (Commercial)
Outsider filed petition seeking alternate land
Encroachment on about 30 acres of land housing 1952 families
Inability of families to produce revenue records resulted in less
allotment against their eligibility
Agitation and protest surrounding land acquisition
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
12. Formed a strategic nine member team (land management department)
Team was familiar with the local culture and vernacular language
Petition to transfer all cases under one judge
Requested MoCA to form Apex and working committee to oversee the progress
of land evacuation
Apex committee – Chief Sec. GNCTD, GMR Grp, D. Collector
Working committee– DDA,DJB,DTL,GMR chaired by D. Collector
LMD met representative of village and political leaders, bureaucrats and
highlighted the fact and importance of project
Team build a rapport and gain information on actual status
DIAL offered to pay each family the rent for 6 month
Resettlement of J&J 29k /squatter family
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
13. DIAL roped in GMR social Arm (CSR) to
provide basic facilities to the affected
people
Provision for R& R package was well
utilized by providing assistance on
transportation and labor.
Made R&R a pleasant experience for
the affected people and earn their
goodwill
Lack of clarity in contracts regarding
responsibility of land evacuation ,DIAL
took upon itself.
Presented By : Tusar & Sudhanshu (PGPIM-
4th Batch AIIM)
