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Acquisition Of Land

मुख पृष्ठ/ Branches/ Land Acquisition

Functions of Land Acquisition Branch

The Land Acquisition Branch   acquires land on the request of Govt. Departments/Agencies for planned devolvement of Delhi and other projects.  Before 31.12.2013, the land was acquired under the provision of the Land Acquisition Act, 1894. Since 01.01.2014, new Land Acquisition Act known as The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act – 2013 is in force. 

This branch also processes the applications for de-notification of land.

  1. POLICY GUIDELINES AND PROCEDURE FOR DENOTIFICATION OF LAND ACQUIRED UNDER LAND ACQUISITION ACT
    1. LEGAL PROVISIONS:
      Section 48 (i) of the LA Act 1894 provides that except in case provided for U/s 36(i), the Govt. shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken. Thus, the power to withdraw any land from acquisition has been created under the statute, which provides that the land can be de-notified if the possession of which has not been taken over by the government. However, this power has to be exercised in judicious manner and on the basis of guidelines framed by the Govt. the details of which in brief are as under:
    2. Guidelines and procedure for de-notification
      A Committee called as ‘De-notification Committee’ consisting of the following members shall examine all de-notification proposals and submit its recommendations to the Lt. Governor as to whether such proposal may be accepted or rejected.
      The recommendations of the Committee shall not be binding on the Lt. Governor who may take a decision on each recommendation, at his discretion.
      On approval of the Lt. Governor of any proposal, a notification under Section 48 91) of the Land Acquisition Act shall be issued in respect of the land in question.
      1. Secretary (Land)    Chairman
      2. Secretary to Lt. Governor    Member
      3. Commissioner (Land Acquisition) DDA    Member
      4. Dy. Commissioner (Concerned)    Member

    3. COMMON CONDITIONS FOR CONSIDERING DENOTIFICATION

      As per the decision of the Standing Committee in the meeting dated 3.6.93, land 50 meters from village Abadi is not acquired. However, in case any such land has been notified for acquisition, it may be recommended for de-notification provided its absence will not materially affect the public purpose for which it is being acquired.

      1. Possession of the land should not have been taken. 

      2. The persons interested in the land should not have received any part of the compensation towards acquisition of land. 
      3. Where the requisitioning department itself request for de-notification of a land, it may be recommended for de-notification.
    4. PROPERTIES BUILT-UP PRIOR TO ISSUE OF NOTIFICATION U/S 4 OF THE LAND ACQUISITION ACT, 1894
      1. Built-up properties existing at the time of notification U/s 4 of the Land Acquisition Act, 1894 may be recommended for de-notification provided: 
        1. the absence of the land on which the built-up portion exists will not materially affect the public purpose. 
        2. the property was built-up after requisite approvals of the Competent authority. 
        3. When the public purpose   can be satisfied by another viable land, which would cause less financial burden to the Government.  
    5. PROPERTIES BUILT-UP AFTER THE ISSUE OF NOTIFICATION U/S 4 OF THE LAND ACQUISITON ACT, 1894.
      1. Land on which built-up structures have come up after issue of notification under section 4 of the Land Acquisition Act, shall normally not be considered for de-notification. However, if cluster of largely residential structures has come upon a long period of time and demolition of the structures shall cause immense hardship to a large number of inhabitants, the following procedures may be adopted. 
        1. Where there is a recommendation from the technical department/ committee of the Government that the land is inappropriate /unsuitable. 
        2. Where the feasibility studies, if any, conducted show that the land is not suitable for the public purpose for which it is being acquired. 
        3. Where the Colony including the area in question has itself been regularized and services handed over to MCD, the land may be recommended for de-notification
  2. In all cases, a sub-committee comprising the Land Acquisition Collector, a representative of Land & Building department (not below the rank of a Dy. Secretary) and a Representative of DDA (not below the rank of a Dy. Secretary), shall inspect the land and submit a detailed report outlining the number and nature of structures, the feasibility of taking over the land after demolition of the structures, and the specific recommendation on de-notification of the land. The De-notification Committee shall consider the report of the Sub-committee, the comments of the requisitioning department with specific reference to its need for land, and then make a recommendation to the Lt. Governor for considering or rejecting the proposal.

 RELIGIOUS STRUCTURES

  • Any religious structure existing on the land at the time of issue of notification under section 4 of the Land Acquisition Act, 1894 may be considered for de-notification. However, the area, which may be recommended for de-notification, may include any appurtenant area up to 500 sq.m.
  • If there is any structure like Hospital, School, Charitable Dispensary existing before issuing the notification U/s 4 of Land acquisition Act, then the case may be considered for de-notification. 

 

 

  • As per section 93 of the The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act – 2013 :-
    1. The appropriate Government shall be at the liberty to withdraw from the acquisition of any land of which possession has not be taken.
    2. Whenever the appropriate Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings there under, and shall pay such amount to the person interested, together with all costs reasonably by him in the prosecution of the proceedings under this Act relating to the said land.
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