Day-3, Mr. Rajiv Yadav

1. Proposed Measures to Eliminate
Delays
REVIEW OF LAND
ACQUISITION STATUS

2. The National Highways Act 1956
U/s 3(a) – Appointment of Competent Authority.
U/s 3(A) – Declaration of Intention to Acquire Land Essentials
U/s 3(C) – Hearing of Objections
U/s 3(D) – Declaration of Land Acquisition
U/s 3(E) – Power to take possession
U/s 3(G) – Determination of compensation -

3. The Process of LA Under NH Act
Identifying LA
Requirement by
Feasibility Study
Notification for
Appointment of CALA
Proposal for 3A
Notification by CALA
with Details of Land
intended for Acquisition
3A Notification
Invitation of Objection
by CALA giving 21 days
time. Disposing the
Objections Received.
Proposal for 3D
Notification by CALA
with Details of land to be
Acquired
3D Notification
Determination of
Compensation by CALA
and Publication of 3G
Award
Examination of 3G
Award by RO and
release of fund
Upto 25 Crores by RO
>25 Crores by NHAI HQ
Payment of
Compensation to Land
Owners by CALA and
60 days Notice for
eviction
Arbitration Process in
case of Compensation
amount fixed by CALA
not Acceptable
Physical Possession of
Land to NHAI

4. Reasons for Delay in Projects Under Monitoring

5. Projects Under Work Plan 2011-12
(Total 60 Projects)

6. Projects requiring close monitoring
under Works Plan 2011-12

7. Broad Reasons For Delay-State wise
•J&K, Punjab, UP
& Haryana
•Karnataka & UP
• Assam, UP, West
Bengal, Tamil
Nadu, Maharashtra
& Orissa
• Kerala, Goa
, Himachal
& Partly AP
Alignment
Issues &
Resistance
by Public
Slow
Progress in
LA
High Rate of
Compensation
High Number
of Arbitration
Cases
Delay in
Appointment
of CALA

8. Broad Reasons For Delay-State wise
• West
Bengal &
Jharkhand
• Bihar &
UP
•Tamil
Nadu, MP, UP &
Rajashthan
• MP, Assam,
Uttarakhand
UP, Orrisa, J
harkhand &
Goa Forest
Related
Issues
High
Quantum
of Land
Acquisition
Poor Land
Records
Delay in
Eviction of
Encroachm
ent
Defence
Land
M.P.

9. LA: Issues
• Policy Issues
No time limit for award of compensation
No provision for de-notification of excess land
No provision of time limit for filing the cases for arbitration
Methodology of Market value not provided

10. Issues…..
• Institutional/Implementation Issue
Poor Quality of manpower with DPR consultants at field level
Shortage of manpower with CALA
Delays due to changes in alignments
• Alignments of highways frequently altered.
• Preparation of faulty draft notification by DPR consultants mismatching with
the alignment-missing plots etc.
Time lost in arbitration

11. Issues…….
 Inherent delays in legal formalities
Competent Authority assigns low priority to land
acquisition for NHAI
Payments which are not due under NH Act are
included in the estimates
Erroneous/outdated revenue records leading to
issue of incomplete/faulty notifications

12. LINKING LAND ACQUISITION WITH PROJECT
ACTIVITIES
Project Activities Time Period Land Activities
Award of Feasibility Studies 0 month Establishment of PIU with
manpower resources
Completion of Feasibility
Studies
4-6 Months Appointment of Competent
Authority
Invitation of RFQ 3 Months Notification under 3A
Invitation of RFP 3 Months Notification under 3D
Issue of LOA 2 Months Compensation Award
Declaration
Signing of Concession
Agreement
1-1/2 Months Disbursement of Compensation
Financial Close 6 Months Land in Possession

13. LA Status of Ongoing Projects
(Started Before Jan 2009)
All figures are in Hectare

14. Critical Projects Started Before Jan 2009
18 Projects

15. LA Status of Ongoing Projects
(LOA Issued between Jan 2009-March 2011)
All figures are in Hectare

16. Measures Adopted for LA
•Setting up of Special Land Acquisition Units (SLAUs)
•Strengthening the Manpower/physical resources
with field units/State authorities
•De-centralization of powers:
• Sanction of Compensation award up to 25 Crores by RO
•Setting up of Regional Offices

17. Measures to speed up LA
Regular Meetings of High Powered Committee under Chief Secretary
preferably -once in two months
Formal public consultations by DPR Consultant at the time of project
preparation-To minimize mid course change in scope
Monthly meetings of ROs and PDs with the District Authorities and
Nodal Officers of the State Government
Member(A) to hold meeting with nodal officers of 2 states every
month. CGM(LA) to cover 2 other states every month.
State Support Agreement with the remaining State Govts to provide
support to concessionaire/contractors. (Gujarat, Bihar, Kerala & UP)

18. Proposed Measures
• Amendment of NH Act in the emerging scenario by:
Provision of solatium and interest at par with LA Act
Prescribing time limit for awarding the compensation
Provision of withdrawal for the land which has been
acquired in excess
Prescribing time limit for filing the arbitration cases

19. Proposed Measures: Forest/Environment
clearance
• De-Linking Forest Clearance from Environment Clearance
• Requirement of consent of Gram Sabhas of under Forest Rights Act
for Forest Clearance needs review for non tribal areas
• Laying Standard Conditions for clearance for all Highway Projects
• Resurfacing, Strengthening and Widening be allowed on the
existing roads where no Wild Life diversion is involved.

20. Recent Achievements in Land-Acquisition
2007-08 2008-09 2009-10 2010-11 2011-12
Upto Jul 2011
3A 6000 6000 23359 8533 4450
3D 4000 4000 6190 14100 5155
Possession 3684 3120 6244 8577 3731
All figures are in Hectare

21. Likely Scenario in Land Acquisition
•Increase in Compensation rates: LA component of
Project may rise from 12 % to 30% of the Total Project
Cost
•Element of Annuity to the land owners may be
introduced
•Ban on acquisition of irrigated land may be imposed
•To impact financing plan of NHAI
•Rising expectations of Farmers may delay LA
activities

22. Thank You