Objective:-
The objective of the Act is to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialization, development of essential infrastructural facilities and urbanization with the least disturbance to the owners of the land and other affected families and to provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto.
Function:-
(A)Nature of work of the Collector Office (Land Acquisition Co-ordination Branch), Akola
1)Scrutiny of Land Acquisition Proposals for various public purposes received from various departments of Central & State Govt. viz. National Highway, Railway Department, Public Works Department, , Krishna Irrigation Department, District Resettlement Office, District Soil & Water Conservation Officer, Municipal Councils/Nagar Panchayats, various Govt./Semi Govt. Corporations and appointment or recommendation of an officer of the rank of Deputy Collector as a Competent Authority for Land Acquisition (CALA), depending upon the provisions of the law under which the said land acquisition is to be done, and assigning the land acquisition proposal to the appointed Land Acquisition Officer.
2) Approving Preliminary Notification, report under Section 15 (1), Final Declaration etc. under New Land Acquisition Act 2013, received from the designated Land Acquisition Officer and approving extension of time limit, if necessary, for the publication of Final Declaration and Award Declaration.
Approving Land Acquisition Awards as per financial jurisdiction or sending the Awards to the Hon. Divisional Commissioner, Pune or to the State Government for approval.
To coordinate and supervise the overall work of land acquisition in the district.
(B) Nature of work of Offices of the Deputy Collector Land Acquisition & Sub Divisional Officers
1)After the appointment as a Competent Authority for Land Acquisition & after the receipt of the land acquisition proposal from the Land Acquiring Body, the land acquisition is to be done under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) and Maharashtra Act No. 97 of 2018 (Maharashtra Amendment) Act, 2018, Maharashtra Industrial Development Act 1961, Maharashtra Regional Urban Planning Act 1966, National Highway Act 1956, Maharashtra Highway Act 1955 etc. & their rules, Govt. Notifications, Govt. Resolutions, Govt. Circulars, whichever is applicable.
2) Sending applications received for compensation enhancement under section 18 of Land Acquisition Act 1894 & applications under section 64 of New Land Acquisition Act 2013 to Hon’ble District Court & Hon’ble Maharashtra Land Acquisition, Rehabilitation & Resettlement Authority, Amravati respectively. And attending hearings of the said applications whenever necessary.
3) Redetermination of amount of compensation of the basis of Award of District Court or the Award of LARR authority, on the applications from the other land holders of the same award, received under Section 28(1) of the Land Acquisition Act 1894 or under section 73(1) of the New Land Acquisition Act. Hon. To prepare and announce awards of enhanced compensation in applications received in accordance with the decision of the Authority.
4) Grant of No Objection Certificates saught by Hon. Collector, Sub-Divisional Officer, Tahsildar, Chief Officer regarding the lands required for Non-Agriculture purpose, Public purpose in land grant proposals, for allotment to widows of martyred jawans, mother of martyrs. Grant of certified copies of land acquisition awards and other documents.
5) doing the works ordered by Collector from time to time.
Land Acquisition as per Private Negotiation Direct Purchase method as per Government of Maharashtra, Revenue and Forest Department, Government Resolution Dtd. 12/05/2015, Dtd. 30/9/2015, Dtd. 25/01/2017 and other corrigendum resolutions and circulars.
(C) The Land Acquisition procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is as follows-
i) To prepare a Social Impact Assessment (SIA) report under Section 4 from the social organizations empaneled, after the receipt of the land acquisition proposal from the Acquiring Body or to obtain exemption from the provisions of Chapters 2 and 3 of the Principal Act under Section 10(C) of the Maharashtra Amendment Act No. 97 of 2018 from State Government.
ii) Promulgation of Preliminary Notification under Section 11(1) of the New Land Acquisition Act.
iii) Issue personal notices under section 11(1) to the concerned land holders through the Gram Mahasul Adhikari.
iv) Publication of Preliminary Notification at the places mentioned in section 11(1) of the Act.
v) Joint measurement to be done as per section 12.
vi) To take the objections in writing, if any, from the land holders, on the Preliminary Notification under Section 11(1) and to take report of the Acquiring Body in Form ‘D’ on the said objections.
vii) To hear objections under section 15(1) of the New Land Acquisition Act 2013 and to decide the objections upon local enquiry and to send report to appropriate Govt. i.e. Collector for approval.
viii) If required under Hon. Collector Preparation of Rehabilitation and Resettlement Scheme for displaced persons under Section 16, 17 and 18 of the new Act 2013 by the administrator and sending it through Collector to the Hon. Commissioner, Rehabilitation and Resettlement for approval. Publication of approved Rehabilitation and Resettlement Plan by the Hon, Commissioner, Rehabilitation and Resettlement. and publicizing the approved rehabilitation and resettlement plans at local places and local administration offices.
ix) To demand and receive the Estimated Land Acquisition cost, either entire amount or partial amount as decided by the State Govt., from the acquiring body before the publication of Final Declaration under Section 19(1) of the New Land Acquisition Act, 2013.
x) Publication of Final Declaration under section 19(1) with the approval of Hon. Collector.
xi) Publication of public notice under section 21(1) and issuing personal notices under section 21(3)(4) to the interested land holders regarding their interest in the land to be acquired and the amount and particulars of their claims related to compensation, rehabilitation & resettlement and any other objections.
xii) Obtaining sale deeds, index-2 of the last 3 years from valuation date from the Sub-Registrar and obtaining village maps, 7/12 extracts from Gram Mahasul Adhikari for the preparation of the draft final award under Section 23 and as per financial jurisdiction declaration of the final award or sending the draft award for the approval of Hon. Collector/ Hon. Commissioner/ State Government.
xiii) Final award is to be corrected as per the instructions of Hon. Collector/Hon. Commissioner and is to be declared within the time limit.
xiv) Demanding and Obtaining the difference compensation amount from the Acquiring Body, as assessed in the declared Final Award.
xv) Issue of notices under section 37(2) for the distribution of compensation amount and notices under section 38(1) for the transfer of the possession of acquired land, to the land holders through Gram Mahasul Adhikari, as soon as the full award amount is received from the acquiring body. And payment of compensation to land holders from the date fixed.
xvi) On the date fixed for the compensation distribution, Panchnama and Possession receipt is drawn with signature of present land holders whose land is acquired and with the presence & signature of Pancha and the possession of acquired land is handed over to the representative of Acquiring Body.
xvii) Preparation of letter of intimidation regarding the cheque no. and amount to be distributed to land holders and sending the same to the treasury office.
xviii) Acceptance of applications for compensation enhancement under Section 64 of the New Land Acquisition Act within the time limit and forwarding them to the Hon’ble LARR Authority.
xix) As per the orders of the Hon’ble Authority, to remain for the hearings on applications under section 64 and filing of Written statements and evidence documents before the Authority.
xx) Preparing partwise comments, filing affidavits and testifying in Courts in respect of cases filed before District Court, High Court & Supreme Court from time to time.
Apart from the New Land Acquisition Act, 2013, land acquisition process can be followed as per the provisions of the other Land Acquisition Acts, if specifically requested by the Acquiring Body.
To give order to the District Superintendent of Land Records to prepare kami jast patrak as per the final award by sending proposal along with copy of award and possession panchanama receipt.
To supervise and issue instructions to Tehsildars regarding implementation of kami jast patrak on village 7/12 extracts after the receipt of kami Jast Patrak in Tehsildar Office from the Deputy Superintendent of Land Records.
To supervise the Mutations of sale deeds and its implementations on 7/12 extracts for the lands acquired through private negotiation direct purchase method.
To send periodic information and reports to higher offices.