Land acquisition Rehabilitation and Resettlement policy in Kerala

KERALA
LAND ACQUISITION
PROCEDURES.

LA Act 1894
as amended by LA Act

THE TEAM

REVENUE

SURVEY R. A

It is a bitter pill we have to swallow

Conditions for Land Acquisition

1.Existense of a public Purpose.
2.Acquisition should be as per
rules and procedures.
3.Reasonable compensation.
4. Civil court has right to
determine the
compensation.

44 th
amendment

Art. 31 Vs Art. 300A

The right reserve the property as a
fundamental right is reduced by
that of legal right………

Land
1. land………
2. Benefits to arise out of land…
3. Things attached to land…….

Public Purpose- Art. 258

There is only a vague
idea…………….

Concern of the land owner..

1. How much of my land is
acquired……..?
2. When the land is acquired……….?
3. Is there any reasonable
compensation……….?
4. When will I get the
compensation…………?
5. How will I get the
compensation……….?

Joint site inspection..A fire
test..?
1.Leadership skills….delegation of
work.
2.Communication skills….

3. Team work…..

Modern Scientific Management of
LA
Optimum utilisation of RESOURCES.
Efficiency and Effectiveness.
TQM
Management Excellence.
Man (80/20) Quality.
Money Time(Fast Track&PERT)
Material Information.
Machinery.
Methods.

Optimum utilisation of RESOURCES.
Obstacles
1. Protests
2.Court Cases.
3.Alignment
4.Delay in procedures.
5.Fund
6.Poor monitoring.

Features of Rehabilitation
and Resettlement Policy.
All LA Procedures after 13-11-2011
should according to R& R package.

A fast track Mechanism for LA .
If the Land owner do not agree the
package normal LA procedure will
follow………..

Rehabilitation and
Resettlement Policy.
1. Just and Reasonable compensation to PAP.
2.The socio economic status of PAP should
not fall below what it was before the
acquisition.
3. People”s participation should be ensured.
4.Minimum disturbance to the PAP-negative
effects to be minimised.
5.Disbursement of compensation before
taking possession.

Principles of Rehabilitation
1. Clearly defined public purpose.
2. There should be a project proposal. LA will commence
only after the approval of the project by the High level
committee.
3. The requisition authority should conduct
Social Impact Assessment.
4. The DLPC will decide classification and value of lands.
Later it will be approved by SLEC.

5. Urgency clause should be invoked in the rarest of rare
cases.
6. If the acquired land is not utilised within 3 years,RD will
take over the land and assign it for other public purpose.
7. 4(1) notification is only after the deposit of 25% of the
deposit of cost.
8. Compensation= Negotiated price + value of building
without depreciation.
9. Max. 3 cents land to the families if the salary income is
less than 75000.
10.One member of the oustee family will be considered for
emloyment.

11. Minimum 6 month house rent( Rs 5000 to the
PAF if they have no other houses.) form the date
of taken over or till the compensation is paid
whichever is later. Shifting allowance Rs 25000.
The residential tenants are also eligible.
12.Tenants ( 3 year old occupation) will be paid one
time allowance.
13 .Small scale Commercial tenants are also eligible
for assistance up to Rs.2,00,000. Rs 6000 to two
employees with 3 yr experience for 6 months.

11. Benefit to encroachers ( 3yr)- Rs. 6000 for 6
months. Min 25000 for cost of structures.

Exemptions from
Rehabilitation and
Resettlement Policy.
1. Land owners do not agree R& R.
2.Dispute over title over the land.
3.De nova within 6 months.
4.Case with court direction to pass award.
5.Projects in which award has been passed pased
partly.

LAND ACQUISITION CHART Survey
6(1)
Jt.Verif.

Notification
Declaration. 4(1)
Valuation
DLPC
SLEC

Agreement
Award

Compen Taking
sation possession

Pre award stage.
1. Joint site Inspection stage.
2. 6(1) and 4(1) stages.
3. Award enquiry-5(A)
4. The Draft Declaration.
5. The Basis Valuation Record.
6. The Detailed valuation
statement
7. Award.

LAND ACQUISITION

REQUISITIO
N

Role of requisitioning
department

RD is doing the work as
agents of requisitioning
Authority…..
But the role of RA is as
much or more than
that of RD…..

Requisition

1. 4 copies of the requisition
2. Alignment sketch.
3. Government order.
4. Reason for urgency.
5. Detailed project Report.(DPR)

Form---- 1
Rule… 3(1)

Appointment of LAO to be
published in the Gazette.

Requisition

1. The requisition shall be in
form No-2
along with the certificate.
2. Alignment sketch.
3.Administrative sanction.
4.Government order./A.S
5.Reason for urgency/reso;ution

Form---- 2
Rule… 4(1)

LA Requisition from various
departments.

Certificate

1. Demarcation
That the site was peg marked on
the ground and the
demarcation approved by a
responsible officer.

Certificate

1. Plan
The accurate measurements are
furnished in the plan
attached.

Certificate

1. Objection
That the objection of the land
owners have been considered
and that the selection of
another suitable site less
open to objection is
impossible.

Certificate

1. Sanction
Sanction of the competentent
authority exists.

Certificate

1. Funds
There is provision of funds.

Certificate

1. compensation
Agreed to pay compensation.

Before sending the
Requisition the Req. Authority
ensure-----

The LA is for a
DECLARED
DEFINED
ESTABLISHED
Public Purpose.

Before sending the
ensure-----
The Project should have
Administrative Sanction…
There should be a detailed
project report from a
competent authority……
There should be statutory
clearances from act/rules.

Before sending the
ensure-----

The Extend of Land Should be
justified.……

Before the appointment of
LAO

The District collector Decides
land acquisition only if there is
no suitable Land in the Land
Bank……….

Project Evaluation Review
Technique

PERT

AFTER RECEIVING THE NVITATION
PROBLEMS

Joint site inspection..A fire
test..?
Optimum
1.Leadership skills….delegation of
work. utilisation of
2.Communication skills….RESOURCES.

3. Team work…..

6(1)
S&B Act Section----

Publication of 6(1) notification in the gazette is for
conducting survey of the land

.

JOINT SITE INSPECTION
Farther than the Eye Can See

TEAM
Collector….Deputy
Collector….Tahsidar…staff….
surveyors…..Requisitioning
authority……..Representatives of
the people…………
Together
Everyone
Achieves
More.

Joint site inspection..
– Check the suitability of land.
– Identify the objectionable elements
– Accuracy of sy. numbers/alignment.
– Identify the assessed lands/
– Collect the details of land owners.
Estimate approx cost…..
– Ascertain the number of houses/
buildings.
-- Identiy the category/zone/social
impact.
– Rectify requisition. video

Remember..?

– DOM is a good servant …..
but a bad master.

Inter personal relationship.
– No staff….?
- No vehicle….?
- No computers….?
- No stationery…..?
- No refreshments…?

MAKE THINGS HAPPEN.

Mobile phone is the
STAR.
Computer with internet
…Printer…Fax.

Venue for problem solving.

1.Joint site inspection.
2. SMART Conferences.

SMART CONFERENCES.

Specific.
Measurable.
Achievable.
Realistic.
Time bounded.

Send LA proposal/Checklist.
LAO--DC--Admin. Dept…RD..HLC
The land should be suitable from the
security point of view as well as
the topographical situation of
the land……
If it is a residential area the number
of families to be evicted and
those who are to be rehabilitated
to be assessed.
If the it is an agricultural land the
No of labours loosing job may be
considered.

Proposal.
In the case of agricultural land,the
no of families affecting their
livelihood may be considered.
Availability of
water,electricity,transport and
telecommunication facilities to
the land are also important.
The impact on the environment and
ecological conditions are also to
be taken into account.

Proposal.
Whether there is alternate Govt
land…….
Whether there is alternate land
with least number of inhabitants.
Whether there is least hard ship for
the public….

Proposal.
Check the need of
urgency…….urgency clause can
be invoked in the rarest of rare
cases………………

The right of the land owner to raise
objection shall not be denied
except in most deserving cases.

Check List.
RA….purpose of LA….GO (AS) No.
and date….Is there any appd. DPR
………..Alignment….pegmarked
demarcation sketch……..Land
extent…type…..zone…….SIS…..
Funds……objectionable
elements………..rehabilitation
details……

Send LA proposal/Checklist.

LAO-----DC--Admin Dept... Rev,
Dept.----HLC

HLC……Government Order (RD)…..

File Returns to Adm Dept. with
GO………DC/LAO receives
GO…..LAO issues 4(1) if the
specified % of fund is deposited
by Req Dept.

HLC……4 the people.

1. Chief secretary. Chairman
2. Revenue secretary.
3. Secretary admin dept.
4. Officer nominated by chairman.

HLC……Points to be considered.

1. Assess the project.
2. Urgency requirement.
3. Previous history of acquisition.
4. Approval of alignment.
5. Adequacy of funds.25% or 80%.

After Joint site inspection..
– Rectify the requisition.
– Request fund.
– Send 6(1) notification to the
Supdt.Govt press.
– Send LA proposal and Obtain
Govt. Order .

– 4(1) notification cannot be issued
without GO from RD and 25% of
fund.

PERT CHART

– Time Management is life
management.

30 days
– Joint site inspection completed.

– LA Proposal prepared.

– Started to collect Basic Records.
(BTR, TPR, Sketch)
- 6(1) notice sent for publication.

60 -90 days
– GO from RD received.
– Funds received.

- 6(1) Published and survey started.

-Basic Land records collected.

4(1) notice prepared.

Conducting survey

1. There should be advanced tour
programme for surveyors.
2. Assign specific target for surveyors.
3. Review the work diary of surveyors
and send it to DD Survey.
4. Send the sub division records for
approval.

Sanctioning Urgency
– The land can be acquired by
denying the right of the land
owner to file protest.

– But It has been directed by Govt
that urency clause can be invoked
in the rarest of rare cases.

Sanctioning Urgency
– State govt purpose- LAC
– Central Government purpose-
concerned state govt. dept.
Request should consist of--
– Report of the LAO.
– Requisition – attested copy
– Alignment Sketch- BTR/TPR
copies.
– Letter from RA for Urgency.
– Government order.

90-120 days
– Survey works nearing completion.
- Basic records Collected..
- Collection of Documents from
SRO Started.
– List of structures sent for
valuation.
– 4(1) notice published.
– Started preparation of
mahazar.

Form----
3a
Rule… 5(1)

Preliminary notification –
Normal case-
State Government purpose.

Form----
3b
Rule… 5(2)

Normal case-
Central Government purpose.

Form----
3c
Rule… 6(2)

Urgency clause-
State Government purpose.

Form----

Rule… 6(2)
3d
Urgency clause-
Central Government purpose.

4(1) Notification
1.The public announcement that
Land acquisition works started..
2.The land is needed or likely to be
needed by Government for a
public purpose.
3. Nobody should deal with the land
notified.
4. Enables the land owner to file
objection.
5.Intention to enter the land

4(1) Notification
For a state Govt purpose ,
the notification can directly
send to Govt press, Tvm.
for publication.
But for Central Govt. purpose
the notification should sent
through concerned state
Govt. Department for
publication.

4(1) Notification
In the notification, ensure
that the land to be acquired
is not wrongly described
,Govt land are not included
and there is no omissions.
But the area may be an
approximate one.

4(1) Notification-
Modes of publication
1.In the Gazette.
2.In 2 local news papers.
3.In the locality.(V.O/LSG)
The last date of such publication
shall be the date of 4(1)
If the last date of publication is
missed the last date would
never exist.

DENOVA..
LA steps will fall denova if,

1.DD is not passed within one year
after publication of 4(1)
notification….

2.Award is not passed within two
years after publication of DD

Govt. Land should not be
included in 4(1)
Notification-
If included by mistake, it shall be
cancelled by publishing a notice in
form 18………………………

120 days
1.Survey works are going on..

2.4(1) notification Published.

3. preparation of Mahazar.
4. Valuation-collection of
documents for valuation&BVR .
5. Issue Notices for 5A
Enquiry.

Form----
4a
Rule… 7(1)
Notice to land owner to furnish
complaints if any, against the
acquisition.(within 3o days of the publication of 4(1) )

Ordinary case- 5A enquiry.

Service of Notices.

1.The person.
2Adult male member of the
family.
3.By affixure.
4.Registerd Post.

Form----
4b
Rule… 7(2)

Urgency clause.,,,,,,,,,,,,,,
Public Notice after 4(1)
(to be published in VO. Taluk Office and LAO )

Form----
4c
Rule… 8(1)

Notice for 5 A enquiry.,,,,,,,,,,,,,,
to land owner who has filed objection

(. )

Calling objection.
In normal cases , immediately
after 4(1) issue notices to
land owners to file objections
for conducting 5A enquiry.
The objections must be filed
within 30 days from the date
of 4(1).

Remember.
There is no 5A
enquiry if the land
is acquired under
urgency clause.

5 A Enquiry
1.Public purpose.
2.Suitability.
3.Excess area.
4.Surplus land.
5.Objectionable element.
Representative of the Requisitioning
authority must be present.

150-180 days
1. Survey/SD records approved dd
PUBLISHED
2. DD Published,
3. BVR prepared

BVR- Comparable sale method.
1.Value of the land in the open
market at the time of 4(1).
2.Price paid for the same land.
3.Price paid for similar and
similarly situated land.
4.Price paid for adjacent land
having same advantage.

The DD for approval
1.DD
2.Requisition.
3.BTR/T.P Account.
4.Survey sketch.
5.Reconcilation statement.
6.Objection Petition in original.
7. 5A enquiry report.
8.Confidencial report on
objectionable element.

Form----
5a
Rule… 8(5)

Ordinary clause-Draft Declaration…..
Central Government Purpose…….

(. To…LRC)

Form----

Rule… 8(5)
5b
Urgency clause- Draft Declaration…..
Central Government Purpose…….

(. To….Government Secretary )

Form----
5c
Rule… 8(5)

Ordinary case- Draft Declaration…..
State Government Purpose…….

(To….Commissioner Land Revenue.)

Form----
5d
Rule… 8(5)

Urgency clause.. Draft Declaration…..
State Government Purpose…….

(To….Government secretary.)

Form----
6
Rule… 9(3)

Notice of withdrawal if the land acquisition steps
are dropped.

Form----
7
Rule… 9(3)

Agreement in stamp paper with the requisitioning
authority and district Collector.
(For non Govt. Purpose.)
No DD without form -7 agreement.

210 days
1. Valuation completed

2. DLPC Convened and DLPC
recommendations sent to Admn
Dept and Revenue Dept.

DLPC

1. District Collecor- Chairman.
2. Deputy Collecor LA- Convener.
3. RDO.
4. Finance Officer.
5. Officer representing RA. Not
below the Rank of a Dist. Officer.

DLPC
1. The R & R package will be
applicable only to the land
owners who agreed the
settlement. In other cases normal
LA steps will follow.

DLPC
1. Categorisation of land.
2. Fix the land value ,
(BVR value+30%
solatium+Interest) increase up to
99% through negotiation.

DLPC
1. The District collector should
send the DLPC recommendation
to 1. The Administrative Dept.

2.The Revenue department.
Within 90 days of the issue of the
4(1) notification.
The AD will send te report to RD
with their recommendation and
RD will place the

SLEC
1.Chief secretary.
2.Revenue Secretary.
3. Admin Dept. secretary.
4. Finance secretary.
5.Law secretary.

SLEC
1. Final Approval of the land value.
2. Need of urgency.
3. Finalise categorisation.
4. Fixing approximate total
compensation to be released to
LAO.
5. After the submission of the
proposal by DC, SLEC will
finalise it within 30 days.

SLEC Letter
1. Seretary Rev B Dept, thrvm.
2. As per GO LA was ordered under
fast track.
3. Details o 4(1)-Gazette/news
paper/locality.
4. Details o DD Details o 4(1)-
Gazette/news paper/locality.
5. BVR details.Valuation/categories.
6. How many Land owners
agreed/DLPC Details

SLEC Letter Enclosure.
1. 4(1)
2. BVR.
3. Draft Declaration.
4. DLPC minutes.
5. Land Value comparative
statement
BVR-DLPC.
6. Annexure-1-Deliberation of SLPC for fixing land value.
7. Annexure-2-Abstract of category wise comparison list.
8. Annexure-3-category wise Beneficiary wise comparison
note..

Category wise Comparison.
Category. /Description BVR land value . DLPC Land Value.
Per Are/Per cent Per Are/Per
cent.

A

B

C

D

Abstract of Category wise Comparison.
Category. /Description Village . Extent. Total DLPC
District A/ Cents title Rate.
holders.

A

B

C

D

TOTAL

Annexure -3 Format for reporting.
1 GO Date.
2.4(!) details,
3.6(1) Details.
4. Approval of Survey- Details.
5.DLPC Date.
6.DLPC Members.
7Whether DGP verified the documents,
8.R.A
9 Agency Providing funds.
10. Whether Fund available.

Category wise Beneficiary wise note.

A Category

Sl Name Extent Rate Land 30% 12% Total Rep tot
No. Value cost

Fair value note.

sl No Sy/ sudvn category Fairvalue

% of increse in land value

Cat. Are LV- 30% 12% tot 10-20-30----------99% holders. Ext.
C

New Performa.
GO Ms-182/ 12 dt 03/05/12.

Annexure I for HPC--- Check list

Annexure II for DLPC Check list

Annexure III for SLEC

Annexure III A – to be furnished by RD- Availability of funds.

240 days -Award.
1.After obtaining approved land
value by SLEC, the LAO will
obtain affidavit from the land
owners in form No. 10(a) that
they are satisfied with the
compensation fixed and will not
arise any further claims.

Award is passed u/s 11(2) instead
of executing the deed.

Advance possession
Collector issues s.9 notice and take
possession on expiration of 15
days of the date of notice.
In taking possession of a building
the occupier shall be given 48
hours notice to remove the
movable properties.
At the time of taking possesssion
collector may tender 80% of the
estimated compensation to the
land owner.

BVR- Basis land .Rule 10 (2)
1.Genuine transaction.
2.After 4(1).
3.Similar.
4.Comparable size.
5.Similar advantage.
Building and structures above
Rs.5000 should be got valued
by competent engineers,

Form----
8
Rule… 10(2)

Detailed Valuation Statement.

.

Form----
9a
Rule… 11(1)

Award Enquiry Notice
(to be published in the site.)

.

Form----
9b
Rule… 11(2)

Award Enquiry Notice
(to the land owner.)

.

Award enquiry.
To receive objection.
1.Measurement of land.
2.Value of the land.
3.Ownership of the land.
3 identification of the parties.

Award enquiry.
Documents to be produced.
1.Sale deed.
2.Non Encumbrance certificate.
3.Possession certificate.
4.Basic Tax Receipt.
5.Other relevant records.
6.Identification.
Issue a Sample form for RA

Award enquiry.
The claim shall contain.
1.Sale deed.
2.Details of mortgage or charge on
the land.
3.Rent or profit received for the
past 3 years.
4.Whether the area is acceptable.

Award in form -10
1.True area.
2.Market value.
3.Additional market value @ 12%
p.a
4.Solatium 30%
5.Interest in the case of advance
possession.

Prior approval of award (Proviso to Sec 11(1) Rule 12)

(i) below Rupees 1 Crore DC Rule 12(1)(a)

(ii) between 1 and 2 Crores CLR Rule (1)(b)

(iii) above 2 Crores Govt Rule 12(1)(c)

Passing of Award Sec.11 Rule 12(1)

Passing of AWARD

Award to be passed within two years from the
date of publication of Declaration

Award not to be passed unless LAO has
sufficient fund at his disposal

270 days.
– Award enquiry conducted.
– Award passed.

Issue notices for Taking
possession of the land.

Form----
10
Rule… 12(1)

Award

.

Form---- 10a
Rule… 12(5)

Agreement between land owner and requisitioning
authority in the case of negotiated purchase.

.

Form---- 10b
Rule… 13(1)

Notice of award to land owner to receive the
award amount from LAO.

.

Form---- 11
Rule… 13(2)

Notice of award informing the land owner that
the award amount is kept ar RD in the treasury.

.

Form---- 12
Rule… 15(3)

Notice of award informing the land owner that
the award amount is kept ar RD in the treasury.

.

Form---- 13
Rule… 15(3)

Notice to the requisitioning authority regarding
taken possession of land.

.

Form----

Rule… 15(6)
14
Form of Intimation to sub registrar to maintain
land records.

.

420 days
– Award passed.
– Notices for taking possession
issued

Land Handed over.
Compensation given.
LAR filed.

Form----
15
Rule… 16

Form of reference to sub court….

Reference Application.

Form----
16
Rule… 16

Schedule of information to court.

.

Award cannot be modified.
After passing the award the LAO is not
competent to amend the award or
pass supplementary award.
But he can correct any clerical or
arithmetical errors or other mistakes
or omissions apparent from the face
of the records.
The correction should be within 6
months and before making a
reference under section 18.

The nature of the Collector’s
award.
 The award is in the nature of an offer to the
claimants and it becomes binding on them
only when it is accepted by them. (AIR 1961
SC 1500; AIR 2003 SC 942)

Taking advance possession

 in the case of urgency on the expiration of 15
days from the date of publication of Section 9
notification(Draft Declaration) the
Government may take possession (Se. 17).

 In such cases award will be passed later.
 Even on taking advance possession the
property will vest in the Government. (AIR
2002 SC 2532).

Vesting free of
encumbrance:
 On taking possession, the property vests in
the Government free of all encumbrances
(2001 (8) SCC 143; AIR 2002 SC 2532).
Easement is an encumbrance (See AIR 1955
SC 298; AIR 2001 SC 5431). But easement of
necessity is not extinguished by acquisition
(2005(2) SCC 164).

Payment of amount
awarded by Collector
 The Collector shall pay compensation within
one month from the date of the award (rule
14) or deposit it in court if the persons to
whom compensation is tendered by the
Collector do not consent, receive it or if there
is no person competent to alienate the land or
if there is dispute as to the apportionment of
it, the Collector shall deposit the amount in
court. (Section 31).

Receiving under protest

 A person who is aggrieved by the Award as to
the extent of the property, apportionment,
persons entitled to the amount or amount of
compensation may receive the compensation
under protest (Section 31(2) proviso). This
protest is necessary for him to make
reference application under Section 18
proviso (2).

Reference applications
 Reference is made under Sections 18, 28A, 30
and 49(1)

 No court fee is payable on reference
applications (1996(1) SCC 289, 2005 (4) KLT
520).

Reference application under
Section 18
 Who can file :
 1) He must be an interested person.
 2) He must not have accepted the award (i.e,
he must have received payment under
protest)
 3) Objection should be as to the
measurement of land, amount of
compensation, persons to whom which is
payable or the apportionment of
compensation
 4) A beneficiary or government cannot file
application under Section 18.

Protest

 Protest may be registered in an application
for payment of compensation. (1997 (1) KLT
768). The protest should precede receipt of
compensation. It may be oral; it may be made
in a reference application filed before receipt
of the amount.
 But if there was neither oral protest, nor
protest in writing, the mere fact of filing of a
reference application on the next day of
receipt of compensation does not raise an
inference that there was protest. (2001(1)
KLT 958 FB.).

Protest

 If L.A.O. is not satisfied that there was
protest he cannot be compelled to make a
reference. (2004(3) KLT 348 overruling
2003(1) KLT 863).

 If a person who receives the amount under
protest does not file a reference application
no reference can be made. (1998 (2) KLT 898
and 2005 (1) KLT 583).

FORM OF APPLICATION
 A letter written by the party may be treated
as an application (2005(1) KLT 583) no form
has been prescribed the Act (See 2006 (3)
KLT 186. R. 16 A of Kerala L.A. Rules is ultra
vires).
 For the effect of failure to receive
compensation under protest (see -AIR 1992
SC 974).
 Contents of reference application
 Reference may be sought for in respect of
four matters only.
 a) Measurement of land
 b) Amount of compensation
 c) Person to whom compensation is payable

Application by post

 Application may be sent by post. But it must
reach the L.A.O. before the expiry of the
period of limitation. 1989(2) KLT 828; 1982
KLT 466 is not good law.

Application by co-owner
 A co-owner may file an application on behalf
of all the co-owners, in which case all the co-
owners are entitled to enhancement (AIR
1991 SC 1966).

 But if it is not made on behalf of all the co-
owners the co-owner who files an application
alone will get the benefit ( AIR 1992 SC 974;
AIR 1996 SC 1513 & AIR 2003 SC 620).

Joint Application

 Husband and wife filed joint application. This
was held proper (1995(2) SCC 376).

Limitation for filing
application (Section 18(2)
 If the person making the application was
present or represented before the Collector at
the time the award was made the reference
application should be filed within six weeks
from the date of the award (1995 (2) JT 572).
This includes of person who shall be deemed
to be present or represented (AIR 2003 SC
942). Thus, if the claimant is represented by a
counsel that is sufficient (AIR 2003 Ker.263).
 In other cases, the reference application
should be filed within six weeks of the receipt
of the notice from the Collector or within six
months from the date of the Collector’s
award, whichever period shall first expire.

Date of award
 For the purpose of Section 18(2) proviso (b)
the date of award is the date on which the
award is communicated to the party or the
party either actually or constructively knew
about the contents of the award (AIR 1961 SC
1500, 2005(1) KLT 79, 2000 (2) KLT 777 &
2005(7) SCC 440).

 When no communication is made
 If no notice is issued it is sufficient for a
claimant to file an application within six
months from the date of his knowledge of the
contents of the award.
 No notice is necessary

Reference application for re-determination of
compensation (Section 28A)
 This provision enables a person to file an application for
reference if he did not file an application under Section 18.
The following conditions are to be satisfied:
 a). An award has been passed by the court

 b) By that award the court has enhanced the compensation
awarded by the Collector.
 c) The applicant is interested in another land covered by the
same
 notification

 d) The applicant did not make an application under Section
18
 e) The applicant is aggrieved by the award of the Collector.

 f) Application under Section 28A is filed within three months
from the date of the award of the court on thebasis of which
re-determination is sought.

Reference application for re-
determination of compensation
(Section 28A)
 Condition No. (a)

 An award has been passed by the
court:

 Only on the basis of a reference court
award- and not an appellate award - an
application under Section 28A is
maintainable (AIR 1997 SC 1915)
 Anyone of successive awards may be
the basis for an application under
Section 28A. It need not be the first
award (AIR 1995 SC 2259).

(Section 28A)
 Condition No.(b)

 The court has enhanced the
compensation:

 Only if the court has enhanced the
compensation awarded in the judgment
relied on, an application under Section 28A
will lie.
 If in the appeal against that award the
appellate court reduces the compensation
the claimant under Section 28A will get only
the reduced amount (2006(2) KLT 992)

 (Section 28A)
Condition No.(c)=Both properties should be
covered by the same notification:
 The property covered by the award relied on by the
claimant and the property of the claimant should
be covered by the same notification. It is not
sufficient that they are covered by the notifications
of the same date (1994 Maharashtra LJ 1414; AIR
2003 Ker. 263).
 Properties should be similar
 In the case coming under Section 28A also the
properties of the claimant and the property
covered by the award relied on by him should be
similar and similarly situated.(2002 (2) KLT 569).

(Section 28A)
 Condition No.(d)

 The applicant did not make an
application:
 To make an application means to make
an effective application. A person
whose application under Section 18
has been dismissed or rejected on the
ground of delay or other technical
grounds is entitled to file an
application under Section 28A ( AIR
2002 SC 3240, 2003 (3) KLT 705,
2004(7)SCC 753).

(Section 28A)
 Condition No.(e)

 The applicant is aggrieved by the
award of the Collector:
 A person who had not filed an
application under Section 18 is entitled
to file an application under Section 28A
(AIR 2002 SC 3240, AIR 2004 Ker.1).

(Section 28A)
 Condition No.(f)

 Application should be filed within three
months:
 The limitation starts from the date of
the award relied on and not from the
date of knowledge of that award (1997
(2) KLT 24 SC, AIR 2003 SC 2949,
2003(3)KLT S.N.182). But the time
requisite for obtaining a copy of the
award relied on may be excluded.

 Only land value can 28A)
(Section be re-determined
 In an application under Section 28A
only value of the land can be re-
determined and not of the
improvements (2004(2) KLT 716).
 Market value as on Section 4(1)
notification should be determined
(2005(1) KLT 687).

(Section 28A)
 Award on agreement

 In the case of an award passed by the
Collector on agreement, Section 28A
cannot be invoked (2005(2) KLT 39)

(Section 28A)
 When appellate court reduces the
amount
 If in an appeal against the award relied
on by the claimant under Section 28A
the compensation is reduced by the
appellate court the claimant under
Section 28A will get only the reduced
amount (2006(2) KLT 992 SC).

Mode of payment.

Land owner- D fom cheque.

Disputed case- Court Deposit.

Failed to appear- Revenue Deposit.

Form----
Rule… 16 17
Form of Schedule of information for reference
to court.

.

Form----
18
Rule… 17

Cancellation Notice if Puramboke Land is
Published in 4(1) notice.

Form----
19
Rule… 18

L A Case- Special Register.

.

Form----

Rule… 18
20
Award Register.

.

Form----
21
Rule… 18

Register of Land Acquisition Suits.

.

Form----
22
Rule… 18

Register of Claims made by Land owners.

.

Form----
22A
Reference application. In triplicate

.

Form----
A
Rule… 12(2)

Statement showing the compensation awarded on
account of Land acquired..

Form----
B
Rule… 13(3)

Particulars regarding the acceptance by awardees.

.

Form----
c
Rule… 13(3)

Particulars regarding the acceptance by awardees.

.

Form----
D
Rule… 14(3)

CHEQUE- Form E for Revenue Deposit…..
Form F is acknowledgement for the receipt of
cheques.

13
S&B Act Section----

Finalization of Survey Records.

POST AWARD ACTION

LACM

Post award action
1- LAO fill up all the relevant colums
in the LACM and 9(2) notice as per
S&B Act is published in the Gazette
to receive any objections regarding
survey details.
2. Send notice in form 14 to the Sub
Registrar under registered post.
3.Send the Award, LACM, Sketch, sub
dvn. statement( All in duplicate) to
Tahsildar and he sends one copy to
VO to effect changes in Village
Records .

Post award action
At the Village Office
1- V.O makes Changes in FMB,
ThandapeRegister, BTR,Puramboke
Register,- and Kooduthal Kuravu Register.
( The LAO may send a surveyor from his
office to make changes in the FMB)
2. If the land is for Govt purpose(PWD)
Kooduthal Kuravu statement should be
prepared for approval by
RDO/Jamabandhi Officer.
The entries should be made in the
Register as PWD Puramboke.
3.If the land is for Self Governed Bodies
TR should be conducted and Basic tax
should be realised.

Post award action
At the Taluk Office
1- After getting report from VO
tahsildar make changes in the
Taluk Land records and he fills up
columns 27 to 31 in the LACM and
returns to LAO.

Post award action
At the LAO Office
1. After getting the LACM and after
the expiry of 3 months after
publication of 9(2) , the LAO publish
the final survey notification u/s 13
of the S&B Act. In the Gazette,and
Village Office.
Get the publication report from VO.
1. Send the completed LACM to
District colector to decide the LA file
as R: Dis.

FAST TRACK PROJECT.
Projects.
1.Doubling of Railway Lines.
2.Four lining of the NH.
3.Vallarpadom Container Terminal
Road and Rail.
4.International airport Thrvm.Kozhkd.
5.KSTP.

.
Thank You……

T. James Joseph,
Adhikarathil,
Kottayam,Kerala.

Land acquisition Rehabilitation and Resettlement policy in Kerala

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