Jammu, Aug 25: J&K government will establish one (or more) “Land Acquisition, Rehabilitation and Resettlement Authority.”
It will be established by notification in the Union Territory of Jammu and Kashmir by the government to exercise jurisdiction powers and authority conferred on it by or under the “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).”
This has been provided under “J&K Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2023” notified by the J&K Revenue Secretary DrPiyushSingla on August 24, 2023.
As per the Rules notified, till such an Authority is established, the government with the concurrence of the High Court of J&K and Ladakh may declare Courts of District Judges or Additional District Judges of each district to act as the “Land Acquisition, Rehabilitation and Resettlement Authority” in their jurisdiction.
PECUNIARY JURISDICTION FOR APPROVAL OF LAND ACQUISITION, REHABILITATION AWARD
As per the Rules, the government has empowered six authorities to the extent of pecuniary competence to accord approval for the specified amount within their respective territorial jurisdiction.
Collector Land Acquisition may accord approval up to Rs 1 Cr; District Collector or Deputy Commissioner up to Rs 20 Cr; Divisional Commissioner up to Rs 40 Cr; Financial Commissioner, Revenue up to Rs 60 Cr and government (In Revenue Department) beyond Rs 60 Cr.
However, the government, from time to time, may revise the pecuniary competence and notify in the official gazette.
LAND ACQUISITION NOT TO EXCEED 15 PERCENT OF NET PRESENT CULTIVABLE AREA IN UT
Rules provide that the limits of extent of land referred to in clause (a) of sub section (3) of section 2 and sub-section (1) of section 46 of the Act will be twenty hectares (400 kanal) in urban areas and forty hectares (800 kanals) in rural areas.
The land acquisition will not exceed 15 percent of the net present cultivable area in the UT and the limits in the districts will be prescribed by the District Collectors concerned as contemplated under Section 10(4) of the Act subject to any further notification as may be notified by government.
DEVELOPMENT PLAN FOR SC/ST FAMILIES
Rules provide that subject to the provisions of section 41 of the Act, in case of displacement of Scheduled Castes or Scheduled Tribes families due to acquisition, a development plan in specified form will be prepared by the Administrator (Rehabilitation and Resettlement) in consultation with the affected families and the said plan will be read out and discussed during the public hearing of Rehabilitation and Resettlement Scheme and finalized.
Under sub section (1) of section 43 of the Act, the Additional Deputy Commissioner (stationed at District Headquarter) of every district in the Union territory will be the Administrator for Rehabilitation and Resettlement, in respect of the projects located within the jurisdiction of the district, where the government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land.
Under sub-section (1) of section 44 of the Act, the Divisional Commissioner, Kashmir and Divisional Commissioner, Jammu as the Commissioner for Rehabilitation and Resettlement (R&R) in their respective jurisdiction for the purpose of rehabilitation and resettlement of affected families under this Act.
