DDCs to directly coordinate with MoRTH for highway projects
Sufficient safeguards to protect agriculture land
Mohinder Verma
JAMMU, July 28: Humane, participative and transparent approach will now be the guiding principles for the acquisition of land for all the major developmental activities in the Union Territory of Jammu and Kashmir as the entire exercise will be strictly governed by the Central Act enacted by the Parliament in the year 2013. Moreover, Deputy Commissioners will directly coordinate with the Union Ministry of Road Transport and Highway (MoRTH) for works related to the notified highways to give required impetus to the connectivity projects.
Earlier, the land for all the developmental activities was being acquired under the provisions of Jammu and Kashmir Land Acquisition Act but now the same will be governed by Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and National Highways Act, 1956 as the same have become applicable to the Union Territory.
Under the J&K Land Acquisition Act, the people had no major say as far as acquisition of their land for the developmental activities was concerned as a result of which they always remained at the receiving end. However, with the applicability of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the J&K Union Territory, the affected persons will actually become partners in the development leading to an improvement in their post acquisition social and economic status, official sources told EXCELSIOR.
Unlike J&K Land Acquisition Act, the Central Act will ensure humane, participative, informed and transparent process for land acquisition with least disturbance to the owners of the land and provide just and fair compensation besides ensuring rehabilitation and resettlement.
Now, whenever the Government intends to acquire land for a public purpose, it will consult the concerned Panchayat, Municipality or Municipal Corporation in the affected area and carry out a Social Impact Assessment Study in consultation with them and there was no such provision in the J&K Land Acquisition Act, sources further said.
The notification for the commencement of consultation and of the Social Impact Assessment Study will be made available in local language to the Panchayat, Municipality or Municipal Corporation and in the offices of District Collector, SDM and Tehsildar and adequate representation will be given to the representatives of Panchayats, Gram Sabhas and Municipality at the stage of carrying out the Social Impact Assessment Study.
The Social Impact Assessment Study will be aimed at assessing as to whether the proposed acquisition serves public purpose, estimation of affected families and the number of families among them likely to be displaced, extent of lands, public and private houses, settlements and other common properties likely to be affected by the proposed acquisition, whether the extent of land proposed for acquisition is the absolute bare minimum needed for the project, whether land acquisition at an alternate place has been considered and found not feasible.
Accordingly, the Government will prepare Social Impact Management Plan listing the ameliorative measures required to be undertaken for addressing the grievances of the people and after considering all the reports, the Government will acquire such area which would ensure minimum displacement of people, minimum disturbance to the infrastructure, ecology and minimum adverse impact on the individuals affected.
“However, where land is proposed to be acquired invoking the urgency provisions the Government may exempt undertaking of the Social Impact Assessment Study”, sources clarified.
Moreover, all the proceedings for acquisition of land for the notified highways will be conducted under the National Highways Act, 1956 instead of J&K Land Acquisition Act and the District Development Commissioners will directly coordinate with the Ministry of Road Transport and Highway (MoRTH).
“The highway projects executing agencies will simply place indent for the land acquisition with the DDCs, who will forward the same to the MoRTH after completion of necessary formalities”, sources said, adding “the MoRTH will issue necessary notifications as part of land acquisition proceedings and the Revenue Department or any other agency of the J&K UT will have almost no say in this entire exercise”.
Pointing towards the withdrawal of Circular No.Rev(LB) 71/13-A dated August 27, 1971 whereby seeking of No-Objection Certificate from the Home Department for acquisition/requisition of land in favour of Armed, BSF/CRPF and similar organizations was made mandatory, sources said, “the safeguards provided in the circular of 1971 are also existing in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013”.
Section 10 of this Act, which is a special provision to safeguard food security, states: “the acquisition of irrigated multi-cropped land will be acquired under exceptional circumstances, as a demonstrable last resort, where the acquisition of land shall, in aggregate for all projects in a district, in no case exceed such limits as may be notified by the Government considering the relevant factors and circumstances”.
“Wherever multi-crop irrigated land is acquired an equivalent area of culturable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of the land acquired shall be deposited with the Government for investment in agriculture for enhancing food-security”, the Section 10 further read.
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