Land Acquisition

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Private lands are acquired for public purpose for the State and Central Government departments and agencies based on the requisition. Upto 31.12.2013, lands were acquired under the Land Acquisition Act, 1894 (Central Act 1/1894). In addition, the State Government have also passed three State Acts for facilitating the land acquisition for housing and other land needs of the socially disadvantaged communities, as well as for the development of industries and for developing infrastructure for highway network in the State, as follows:-

  • Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978)
  • Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10/1999),
  • Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34/2002)

The Government of India have enacted the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act, 30/2013) (RFCTLARR Act, 2013), repealing the erstwhile Land Acquisition Act, 1894. This Act has come into force from 01.01.2014. Under the new Act, rehabilitation and resettlement have become an integral part of the land acquisition process.

To continue land acquisition process under these three State Land Acquisition Acts, the State Government have amended the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2015 (Act No.1 of 2015) by inserting section 105A, which places these three State Land Acquisition Acts in a newly created Fifth Schedule, on par with the

thirteen Central enactments, dealing with land acquisition, which are listed in the Fourth Schedule, which have been exempted from the purview of this Act except with respect to compensation and rehabilitation and resettlement. The Amendment has received assent of the Hon’ble President. Hence, the land acquisition process which were started under the above three State Land Acquisition Acts are going on continuously without any impediment and the Tamil Nadu Government is functioning as a model to other States.

Regarding cases where the process under the Land Acquisition Act, 1894 have already been initiated, in G.O. (Ms.) No. 88, Revenue Department, Dated 21.02.2014 have directed that, interim compensation should be determined based on the procedures in vogue under the erstwhile Land Acquisition Act, 1894, subject to the additional compensation being paid as per the RFCTLARR Act once rules are

notified. Similar orders have been issued for cases where the land acquisition has been initiated under the three State Land Acquisition Acts by the respective administrative departments and until the State Rules are finalized, interim compensation was paid.

In order to implement the RFCTLARR Act, 2013 the State Rules have been made and approved by the Government of Tamil Nadu vide

G.O. (Ms.) No. 298, Revenue and Disaster Management Department, Dated  20.09.2017.  In addition to this, the multiplier factor as per the 1st schedule of the RFCTLARR Act, 2013 has also been approved by the Government of Tamil Nadu vide G.O. (Ms.) No. 300, Revenue and Disaster Management Department, Dated 20.01.2017. The Notifications for the above Rules and multiplier factor have been published in Tamil Nadu Government Gazette No.300, Dated 21.9.2017.

Based on the approved Tamil Nadu State Rules and Multiplier Factor, the Government, in

G.O. (Ms.) No. 13, Industries (SIPCOT-LA-1(1)) Department, Dated 21.02.2018 and in G.O. (Ms.) No.27, Highways and Minor Ports Department, Dated 05.03.2018 have issued orders for determination of final amount of compensation and for the cases wherein the interim compensation had already been paid; the final compensation are also being worked out and paid.

In order to facilitate speedy acquisition of the private lands for public purposes through private negotiation, the Government have also issued orders in G.O. (Ms.) No. 281, Revenue and Disaster Management Department, Dated 07.09.2017, in such a way that the compensation shall be determined in line with the compensation to be paid under the new Land Acquisition Act; by enhancing the monetary powers  of  the  Committee  as  already  given in G.O. (Ms) No. 103, Revenue [LA.I(1)] Department, dated 28.02.2011 for acquisition of land as detailed below:-

G.O. (Ms) No. 103, Revenue [LA.I(1)] Department,
Dated 28.02.2011 G.O. (Ms) No. 281, Revenue
and Disaster Management Department, Dated 07.09.2017.
DLPNC SLPNC Government DLPNC SLPNC Government
150% of the
GLV / MV
whichever is lower Land value – Upto Rs.1.00
crore
150% of the GLV/ MV
whichever is lower Land value – more than Rs.1.00
crore
More than 150% of the GLV/ MV
whichever is lower
Urban 225% of the
GLV / MV
whichever is higher Land value
– Upto Rs.
2.00 crore
225% of the
GLV / MV
whichever is higher Land value – more than Rs. 2.00
crore
More than 225% of the GLV / MV
whichever is higher
Rural Within 30 K.Ms. from the UrbanLand value upto
Rs. 2.00
crore Upto 275%
of the GLV/ MV
whichever is higher
Land value more than Rs. 2.00
crore Upto 275% of the
GLV / MV
whichever is higher
More than 275% of the GLV / MV
whichever is higher
Beyond 30 K.M.
from the Urban
Upto 325% of the
GLV / MV
whichever is higher
Upto 325% of the
GLV / MV
whichever is higher
More than 325% of the GLV / MV
whichever is higher
Beyond 50 K.M.Upto 425% of the
GLV / MV
whichever is higher
Upto 425% of the
GLV / MV
whichever is higher
More than 425% of the GLV / MV
whichever is higher

** DLPNC – District Level Private Negotiation Committee

** SLPNC – State Level Private Negotiation Committee

** GLV – Guide Line Value – MV – Market value

Thus, the compensation is being paid under the private negotiation process.