LAND ACQUISITION FOR RAILWAY INFRASTRUCTURE PROJECTS

International Journal of Innovative Research in Advanced Engineering (IJIRAE) ISSN: 2349-2163
Issue 02, Volume 5 (February 2018) www.ijirae.com
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IJIRAE © 2014- 18, All Rights Reserved Page –88
LAND ACQUISITION FOR RAILWAY
INFRASTRUCTURE PROJECTS
Manish Gandhi, Nishant Doshi
Manuscript History
Number: IJIRAE/RS/Vol.05/Issue02/FBAE10084
DOI: 10.26562/IJIRAE.2018.FBAE10084
Received: 13, February 2018
Final Correction: 18, February 2018
Final Accepted: 22, February 2018
Published: February 2018
Citation: Manish & Nishant (2018). LAND ACQUISITION FOR RAILWAY INFRASTRUCTURE PROJECTS. IJIRAE::
International Journal of Innovative Research in Advanced Engineering, Volume V, 88-92.
doi://10.26562/IJIRAE.2018.FBAE10084
Editor: Dr.A.Arul L.S, Chief Editor, IJIRAE, AM Publications, India
Copyright: ©2018 This is an open access article distributed under the terms of the Creative Commons Attribution
License, Which Permits unrestricted use, distribution, and reproduction in any medium, provided the original author
and source are credited
Abstract-- Land acquisition has been an integral part of any infrastructure project and has also proved to be a
major bottleneck in execution of projects. The delay in land acquisition resulted in timely completion of the
projects thereby causing cost over runs and delay in deriving benefits of the projects. Various Acts like The
National Highways Act, The Metro Railways Act, and The Railways Act was amended to included land acquisition
provisions with liberal compensation package including rehabilitation and resettlement benefits to the persons
whose land is to be acquired. The amendment to The Railway Act is called the Railway (Amendment) Act 2008.
This paper calls for introspection and improvement to the strategies adopted for smooth, expeditious and hassle
free land acquisition for Railway Project.
Keywords— land acquisition; time; project cost; delay; Indian constitution;
I. INTRODUCTION
Under our Constitution, land is a State subject but land acquisition is a Concurrent subject. So far, the basic law
governing the land acquisition process has been the Land Acquisition Act, 1894. Earlier land acquisition for all
Railway project was being done under The Land Acquisition Act 1894 by the respective State Government. As
railway project normally cover more than one state, sometimes there were delays in land acquisition as different
state have different set of norms and rules for land acquisition. In order to expedite land acquisition for important
Railway project declared as special Railway projects.
The Railway (Amendment) Act 2008 was enacted and it was deemed to have come into force from 31.01.2008.
The amended act ensured better deal for those whose land was being acquired by incorporating benefits under
National Rehabilitation and Resettlement Policy 2007 and at the same time ensuring early acquisition. Under
this act land is acquired by the Central Government.
II. APPLICABILITY OF THE RAILWAY (AMENDMENT) ACT2008:
The act is applicable only to the Railway Project declared as “Special Railway Projects” by the Central Government
through Gazette notification under clause 37 (A) of Section 2 of Railway Act 1989.

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III. BASIC DIFFERENCES BETWEEN RAA- 2008 AND LAND ACQUISITIONACT-1894
S. No. Description RAA – 2008 LAA – 1894
1. Land Acquisition Land is acquired by Central
Government.
Land is generally acquired by State
Government
2. Competent Authority for
land acquisition
Competent authority is
nominated by Central
Government through
Gazette notification
Collector or nominated persons by
State Government are competent
authority.
3. Solatium 60% 30%
4. NRRP – 2007 Applicable Not applicable
5.
Compensation Dispute
redressal
Through Arbitrator appointed
under the Act by Central
Government.
By respective Principal Court
under whose jurisdiction the land
in dispute lies
6 Challenge of declaration in
court
Not permitted Can be challenged
in respective principal
court
7.
Criteria for determining
Market rate for land
Defined. Does not take into
account local regulation
Collector determines the rate
taking into consideration the local
regulations
8.
Compensation for period
from initial notification to
date of award
No compensation
Interest @ 12% p. a. from date of
publication of notice under section
4 and declaration of award.
9. Urgent acquisition No provision Section 17 provides
for acquisition in
10 Disposal of un-
disbursed amount
Not specified Specified. To be deposited in
respective principal court
IV. IMPORTANT SECTIONS OF RAA-2008
Clause 7 (A) of section 2- Under this clause the Central Government notify the Competent Authority to acquire
land.
20 A- Under this section, the central Government through Gazette notification declares its intention to acquire
land for special Railway project.
20 D - Objection by Interested Person within 30 days from date of publication of Notification under Section 20A.
20 E- Under this section, the central Govt. declares through Gazette notification that land should be acquired for
the purpose indicated in section20A.
20 F- Under this section, the competent authority makes an award regarding amount to be paid to each land
owner for land acquired under section20E.
20 G- This section defines the criteria for determining market rate of land acquired.
20 H-Central Government to deposit the amount determined under section 20 F with competent authority before
taking possession of land
Clause 37A of section 2- Under this clause a project is notified as special Railway project by the Central
Government.
V. PRE- LAND ACQUISITION ACTIVITIES
i. After alignment survey, identification of critical areas where land acquisition may be difficult like heavily
built up areas, difficult terrain etc. is done. Technical solution, if possible, is suggested to ensure minimum
land acquisition to minimize social impact and public protests.
ii. Public Consultation Meetings (PCMs) were held to educate people likely to be affected by the project
regarding benefits of the project, area of land likely to be acquired, compensation package, and provisions of
the Act etc. to avoid problems during land acquisition process.
iii. Identification of Tehsils/talukas and villages along the alignment.
iv. Collection of Revenue maps of the villages.
v. Super-imposition of alignment on the revenue maps after proper scaling and plotting land width to be
acquired.
vi. Calculation of area of land likely to be acquired in each khasra.
vii. Collection of revenue records/ Jamaband is of the affected area.
viii. Preparation of draft acquisition details and its verification by revenue officials.

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VI. SEQUENCE OF ACTIVITIES FOR LAND ACQUISITION UNDERRAA-2008:
i. Nomination of Competent Authority for land acquisition by Central Government through Gazette notification.
Clause 7A of Section 2 0f Railway Act1989
In the state of Rajasthan concerned Sub Divisional Officers and in the state of Haryana concerned District
Revenue Officers were nominated as competent authorities for land acquisition with the consent of the State
Government.
ii. Submission of details of land intended to be acquired to Competent Authority for approval.
iii. Submission of details by the Competent Authority to Central Government for issuing Gazette notification
under Section 20 (A) of RAA-2008.
iv. Central Government, if satisfied that land is required for execution of a special railway project issues
notification to declare its intention to acquire such land. Section20A(1)
v. After declaration of award, a notice is sent to each Khatedar giving details of compensation to be paid in
regard of land being acquired and documents to be submitted while claiming compensation.
vi. Disbursement of award: The Competent Authority notifies the dates for each village for disbursement of
compensation. After verification of documents compensation amount is paid through cheques. Photography
of proceeding is also done for record purpose.
vii. Submission of details of acquired land to concerned SDM for its mutation in favor of Central Government and
corrections in revenue records and revenue maps.
viii. List of documents to be submitted by land owner while claiming compensation:
Following documents are to be submitted by the land owner while claiming compensation: -
a. Latest Jamabandi.
b. 4 Passport size photo.
c. Photocopy of Bank Passbook.
d. Identity proof (Voter Id, Ration Card,etc.)
e. Clearance from bank in case of loan or mortgage.
f. Handing over & taking over certificate.
g. Shapath Patra (On Rs. 10/-Stamp)
ix. The Competent Authority causes Gazette notification so issued, to be published in 2 local newspapers one of
which shall be vernacular language inviting objection from interested persons within 30 days of publication.
Section 20A(4)
x. Joint Measurement Survey:
a. Joint Measurement Survey is carried out to ascertain exact area of land to be acquired, details of trees,
and other structures thereon. A notice is issued by Competent Authority giving schedule of Joint
Measurement Survey in each village. This is done by revenue officials in the presence of land owners.
Survey sheet is jointly signed by revenue official & owner of land. Joint Measurement Survey becomes
basis for area of land to be acquired for declaration under Section 20 E and subsequent preparation of
award.
xi. Objection received after publication of notification in the newspapers are heard by the Competent Authority in
person. After hearing and making enquiry objection are either allowed or disallowed. Section 20D(2)
xii. After hearing and deciding / disallowing the objections, the Competent Authority submits a report to Central
Government. The Central Government declares by notification that land should be acquired for the purpose
mentioned in notification under section 20 A(1) giving details of villages, khasra numbers, type of land, area of
land and owners of land as per revenue record. Section 20E(1)
xiii.Gazette notification issued by Central Government under Section 20 E(1) is published by Competent Authority
in two local newspapers one of which shall be in vernacular language inviting claims from all the persons
interested in the land before determining amount to be paid to each landowner. Section 20F(4)
xiv. Preparation of award – The Competent Authority determines the amount to be paid to each land owner
considering the following:
A. Market value of land on the date of publication of notification under Section 20A. Section 20G stipulates
the criteria for assessing and determining market value of land asunder:-
i) Minimum land value specified in the Indian stamp Act 1899 for registration of sale deed.
ii) Average of sale price of similar land in the village or vicinity ascertained from not less than fifty percent of
sale deeds registered in preceding three years, where higher price has been paid whichever is higher, if
such details are not available for the concerned village, the section 20G(2) provides for ascertaining such
details from adjoining villages. Intended land use category of land under acquisition is also considered
while determining market rate of land.

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B. Value of buildings and other immovable assets attached to the land, under acquisition. Competent
Authority may use services of competent Engineer or specialist in the relevant field.
C. Value of trees & Plants: The Competent Authority may use services of experts in the field of
horticulture, forest etc.
D. Value of standing crops – The Competent Authority may use services of experts in the field of
Agriculture.
E. Benefits to each land owner under NRRP – 2007 - As per entitlement matrix issued by Railway
Board. Section 20-O
xv. Declaration of award: After ascertaining the amount of compensation, the Competent Authority declares award
for each village under signature & seal. Copy of award is pasted at prominent location in the village and is
announced by Munadi. Section 20 F(1)
xvi. After declaration of award, the award is sanctioned by Chief Project Manager with finance concurrence.
Thereafter, compensation amount is transferred to a joint account opened for the purpose.
xvi. Entitlement of land owner under NRRP – 2007 as per entitlement matrix.
S.No. Benefit Amount Entitlement
1. Ex- Gratia Rs.20,000/- Each Khatedar whose land is
being acquired.
2.
Compensation for land owner reducing to
small/ marginal formers Rs.75,000/- Affected Family
3.
Subsistence allowance for those living below
poverty line/ Vulnerable Rs. 30,000/- Affected Family
4.
Additional amount for acquired land area
above 1500 sqm Rs. 15/- sqm Affected Khatedar
5. Transition allowance Rs. 4000/- Affected Family
6. Shifting allowance Rs. 10,000/- Affected Family
7.
Displaced and has cattle, shall get financial
assistance
Rs. 15,000/- Affected Family
8.
If the affected party getting displaced is a
rural artisan, small trader or self-employed
person assistance
Rs. 25,000/- Affected Family
VII. STEPS TO BE UNDERTAKEN FOR LAND ACQUISITION
S. No. Steps to Be Undertaken For Land Acquisition Result
1
Revenue map should be taken from settlement department
instead of taking from Local Patwari. Patwari’s maps are
normally folded, crumpled, torn etc
This will avoid wrong indication of
demarcation of khasra boundaries
while scanning.
2
Preparation of Land Plans: Revenue maps in different districts
and states are sometimes in different scales. Survey details
should be super imposed on revenue maps after bringing both
to same scale and reference to all the available physical features
should be given on map for easy identification and accurate
area calculation.
This would ensure correct
demarcation of land to be acquired
and its identification at later date
particularly in detours.
3
While joining revenue maps of adjoining villages permanent
feature should be matched like bridges, LCs, well, road etc.
Orientation of revenue map with respect to common direction
while joining should besame.
This is to avoid mismatch of chain
age and boundaries of khasra.
4
Before finalization of acquisition proposal, land plans should be
verified with patwari record to know latest khasra number
which may get changed due to division of land in a particular
khasra.
This will ensure correct demarcation
& Khasra Nuumber of land to be
acquired and correct identification of
PAPs

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5
Land acquisition plans should be prepared from one end to
other, instead of in piece meal sections.
This would avoid mismatch in chain
age at the boundaries of adjoining
villages which may be due to scaling
error while scanning.
6
Publications of names of Khatedars in 20A gazette notification so
as to attract attention of PAPs.
This will ensure identification and
timely attention of PAPs.
7
Publication of Land Acquisition notices in same unit as given in
revenue records e.g. Bigha/Biswa, Kanal/Marla instead of
metric unit.
PAPs are not well conversant with
metric units. More over conversion
in revenue records becomes
cumbersome.
8
Frequent dissipation of information about compensation
packages, procedure of determining compensation, mutation of
death cases.
This would avoid protests and would
ensure participation of PAPs to
facilitate quick disbursal
9
Identification of owners of structure/ encroachers/ squatter,
details of marginal/small/landless farmer, BPL person etc
during JMS itself.
This would avoid duplication of
work and will ensure timely
collection of data for preparation of a
comprehensive award.
10
Some incentive should be given to CA & Revenue officials for
motivating them.
This will ensure better involvement
of CAs and other revenue officials.
11 Process of Redemption of Govt. Land should be initiated
immediately after publication of 20 A notification.
Timely redemption of Govt.
land
12
Comprehensive award which include all the benefits should be
declared instead of piece meal award.
This will ensure preparation of
better compensation package at first
stage itself to attract PAPs and would
avoid duplication of work.
13
Hissa-Kasi (apportionment) of area of Khasra under acquisition
should be verified & corrected with local patwaries before
publication of 20E notification.
This would minimize objection from
PAPs and ensure correct preparation
of awards.
VIII. CONCLUSION:
Land acquisition is a sensitive issue so humane, systematic and transparent approach need to be adopted for early
and peaceful acquisition. Land acquisition must take place in a manner that fully protects the interests of land-
owners and also of those whose livelihoods depend on the land being acquired. So an adequate compensation
package which shall include reasonable compensation for land and resettlement and rehabilitation measures to
assuage the sufferings of the affected persons.
REFERENCES
1. RAA (2008 Amendment) Prsindia.Org
2. IRICEN, PUNE 2008 Journal for Land Management
3. RTE, PUNE 2009 Book On Land Acquisition
4. Gazette Notification, Law Ministry of India
5. Chapter 9, Railway Board Codes Manual

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