Dakshin Dinajpur

L

and Acquisition Department

The Land Acquisition Department of Dakshin Dinajpur is located in the Collectorate at Balurghat.

Main function of this Department is to acquire land for public purpose as per provisions of Land Acquisition Act 1894. The acquisition is made mainly for providing land for development schemes, sponsored by various department of Central Government as well as the State Government.

A local authority or a society registered under the Society Registration Act, 1860 or a Co-operative society may send proposal for acquisition of land with prior approval of the Government.

Another important function of this Department is to assess the fair and reasonable rent for the houses/building occupied by the different departments of Government within this District. Assessment of valuation of land is also done by this Department for the interest of the Government.

The process of acquisition is lengthy. Action are taken as per provisions of the Land Acquisition Act, 1894.

On receipt of the proposal from the Requiring Body for the acquisition for the acquisition of land plot, Index Land Schedule are prepared and copies of ROR collected by the Surveyors.

A joint inspection of land acquisition site by the LA Surveyor and the representative of land is made for ascertaining the layout of the land and collecting certain data. Preliminary Investigation Report is prepared and approved by the collector.

If the quantum of land to be acquired is more than 10 acres, then the proposal requires to be approved by the Screening Committee, constituted for the District.

Notification u/s 4 indicating fherein the plot / plots to be acquired is published under the signature of the Collector & Ex-officio Joint Secretary, L&LR Department, Govt of  West Bengal, in Calcutta Gazette, Asian Age and Ganashakti. The said Notification is also dispatched by special messenger for wide publicity in the Office Notice Boards of  offices of District Magistrate, District Judge, District Registrar, BDO, Sub-Registrar, BL&LRO and Gram Panchayat concerned. Also, the copies of one set each of the said Notification are sent to the Divisional Commissioner, Requiring Body, L&LR Department for information.

After publication of Notification u/s 4, Public notices of substance are published in the local area. The Declaration u/s 6 is also published in the same manner, following the Notification u/s 4 .

As per provision of section 5A, any person interested in any land may object to the acquisition in writing within thirty days from the date of the publication of Notification u/s 4. But, in case of urgency, where section 17 is applicable, no such objection can be made by any person.

After completion of all the procedures u/s 4 and 6, the Collector has to obtain permission for acquisition from the Govt in L&LR Department u/s 7, and on receipt of necessary permission, the demarcation and measurement  of land is made u/s 8 in presence of the representative of the RB and the persons interested in connection with the land acquisition.

Notice u/s 9 are served upon all the persons interested, stating the date, time and place for award enquiry u/s 11. On the fixed date all the  persons require to appear personally or by his authorized agent with all the documents/ evidences to prove his ownership of land. The right to Barga cultivation is also enquired at this stage. After detailed enquiry in respect of each and every Plot, awardees are determined, along with their respective shares against each Plot. If any person does not appear at the time of such enquiry and his right and title on the land cannot be verified or the land is under dispute between the co-shares, the land is of "Debottor", "Pirottar" or alike property, then amount of compensation is deposited to the District Judge as Civil Deposit for final disposal.

The rate per acre is fixed on the basis of the sale data of deeds executed on the date of Notification u/s 4, if available, or the deeds executed immediately prior to such date for similar class of land in the same mouza. Ten to fifteen transactions of 0.10 acres or more of the same class of land are taken into consideration for determination of average market price of that particular class of land. If sufficient sale deeds are not available, the same of the adjoining mouzas are collected for the purpose. The rates are approved by the Collector.

Thereafter the estimate is prepared on the basis of rates duly approved by the Collector in respect of all L.A. cases individually. The market value of land, 30% solatium as per section 23(2), 12% additional amount as per Sec 23(IA), 9% and 15% interest, cost of structure, removal cost, cost of trees, if any, Bargadars' compensation, capitalized value of land revenue, cost of establishment, law charge, etc. are included in the estimate. The estimate should get the approval of the Collector within the amount of Rs 25 (Twenty Five) lakhs. If the estimate amount exceeds 25 lakhs, but within 60 (sixty) lakhs, the Divisional Commissioner is the sanctioning authority and beyond that amount, the  Principal Secretary, L&LR Department is the competent authority to approve the Estimate.

After approval of the estimate by the competent authority and declaration of award, calculation regarding the extent of amount to be paid as compensation to the individual awardee is made and the award statement is prepared.

Lastly, after completion of all the legal formalities, notices are issued upon the persons interested, fixing the date, time and place for making payment of compensation.

If any person interested, does not accept the award,  he may file a written application before the collector u/s 18. Such application should be submitted within six weeks from the date of the Collector's award. The application shall state the grounds on which objection to the award is taken. There must be a separate application for each award. The application u/s 18 must satisfy two conditions namely, (i) it must be filed within the stipulated time, and (ii) the amount of compensation should have been either not accepted or accepted under protest. Such applications are referred to the Civil Court for final disposal.

The reference may also be made either on an application by a person interested or by the Collector suo-moto and there is no period of limitation.

At present, maximum importance is given on the quick disposal of the LA cases relating to Eklakhi Balurghat Railway Project and Indo-Bangladesh Border Roads.

There are 107 LA Cases of Railway Project. Land of all cases has already been handed over to the Railway Authority and the payment of compensation has already been made in respect of 86 LA Cases. The payments of the remaining 21 cases can not be made due to the fact that the estimates and awards have not yet been sanctioned and the removal cost of structures is not yet finalized by the Divisional Commissioner and the Govt in L&LR Dept.

Total final received for the Railway Project = Rs 25 Crores.

Total upto date expenditure                       = Rs 10,39,99,556

There are 5 (five) cases relating to Indo-Bangladesh Border Road. Out of these, two case are at the stage of award enquiry. Three cases are at the preliminary investigation stage. Filed survey can not be done due to resistance / objection of the villagers of Samjhia under Kumarganj Block.

There are some proposals for acquisition from PWD, PHE and others. Suitable action are being taken for early completion of acquisition process.

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