Question - Indicate the various stages involved in acquiring land for a new line project.
Answer - Following procedure will be adopted for land acquisition.
Application :- Whenever land is required for Railway purposes an application should first be made direct to Revenue Officer In charge of District in which the land is situated for statement of value of land and a draft declaration for acquiring it. Application should set forth clearly the purpose for which land is required and should have the complete set of land plans prepared in accordance.
When the work of acquisition extends to more than one district lies within the one division application should be made to Commissioner when in more than one division to the Chief Revenue Authority of State.
For better identification of land in cases where the areas to be taken up are expensive, following details should be given to State Government:
i. Name of the Railway.
ii. Copy of Order of Government when necessary.
iii. Brief description of route to be followed by Railway.
iv. A list of Civil districts in which the land will be required for the purpose.
Revenue Officers’ estimate of cost of land :- On receipt of application from Railway Administration a responsible Revenue Officer will forward to Railway Administration a stateme4nt showing the nearest approximate cost of land also a draft declaration under section’6’ of Land Acquisition Act on which it should be recorded there is no objection to acquisition of land.
When the estimated value of land exceeds Rs 25,000 in any one district or one lack in any division, it is necessary that the data should be countersigned by the Commissioner in which land is situated or Chief Revenue Authority of State respectively.
Statement of data received from Revenue Authority should be taken as representing the value of land, exclusive of tenants rights but exclusive of value of houses, trees, standing crops etc on the land the approximate cost of which should be separately furnished by Revenue Authority.
With the information in land the Railway Administration should proceed to frame an estimate of total cost of acquisition in detail the additional 15% laid down in section 23 ( 2 ) of land Acquisition Act on market value of land under section 23 ( 1 ) Clause - 1 of that Act.
Railway Administration Land Estimates :- It should have the following information :-
( a ) Value of Land :- ( I ) Waste ( ii ) Arable ( iii ) Homestead. ( iv ) Bazar
( b ) Value of :- ( I ) Masonry House. ( ii )Trees. ( iii ) Thatched House. ( iv ) Standing Crops.
Add additional 15% compensation under section 23 ( 2 ) on the market value of land including houses, trees and crops.
Add market value of Government land taken up.
Add damage under clauses 2 to 6 of Section 23 ( 1 )
Add capitalized value of land revenue (when necessary).
Add cost of establishment (when necessary)
Add contingencies
Sanction to land Estimates :- General Manager or any other officer duly empowered to sanction the estimate will than accord sanction and allot necessary funds and forward the estimate duly signed Accounts Office together with the draft declaration and duly signed plans and schedules to the State Government for taking necessary steps for acquisition of land. If the sanction of Railway Board is necessary to estimated cost of land Railway Administration should apply for and obtain that sanction before applying to State Government for acquisition of land.
Work bona fide Railway Purpose :- As a general rule land may not be acquired except in connection with a duly sanction work but this rule does not debar the acquisition of land for bonafide Railway purposes.
In case of urgency Railway Administration are empowered to depart from ordinary rule stated in the previous paragraph and sanction the acquisition of land prior to preparation and sanction of estimate either for work or the land, provided the total probable cost of work is within the power of Railway Administration to sanction.
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