Addressing the Land Transfer Conundrum

Situation Analysis – Part 1

In any infrastructural development projects. The land acquisition and transfer from one party to
another party are been the most critical and challenging part of project execution. If the concerned
authority gets it right, then such projects complete on time with a very minimal cost overrun.

The Delhi government is rightly pointed there is a need to simplify the complexity around the land
transfer arrangement. In this regard, the Delhi government has to analyze the issues from various
apposite.

The Delhi government and concerned authorities like Airport Authority of India (AAI), Delhi Jal
board, Delhi development authority (DDA), Government of National capital Territory of
Delhi(GNCTD), etc. have to devise strategies for two sets of problematic lands, one strategy for Land
acquired but possession not given to owner and another one for Land under encroachment.

Let’s analyze the sets of strategies for which the concerned authorities can explore for each of those
problematic quanta of lands.

A) Land acquired but possession not given to owners.

This settlement of issues for these sorts of land falls under the ambit of the Land Acquisition
Act (LAA) of 1894. The LAA of 1894 is quite antique with respect to current dynamics of land
availability, inflation, lengthy procedures, etc, and time has come to overhaul the LAA.

A new LAA can incorporate certain provisions, which will lead to faster acquisition and
transfers of land. These measures can be:

1) Increase monetary compensation for families residing on the land as well as for the
displaced industrial units. The compensation to each family or displaced industry should
adequately cover the market cost of a piece of land, the cost of building a new house,
salvage cost, etc. Also, the payment of such compensation should be in time bound
manner with a high degree of transparency and accountability to the concerned entity.
2) The rehabilitation and resettlement (R&R) scheme for displacements of villagers from
their native land to a new place should envisage the comprehensive survey of the area
and enumerate the list of authorized families entitled for R&R scheme. The survey
should take into the account of the land holdings of those communities in the extended
Abadi areas, for whom there is an unavailability of revenue records which substantiates
their ownership of lands. The survey should be within the time frame of fewer than 5
years, for the date when the R&R policy scheme kicks in, thus incorporating all possible
dimensions of family tree expansion. The R&R policy should also meet the needs and
aspiration of the displaced community.
3) There should be a clause for expediting the process of land acquisition and its transfer.
For example, once the land has been acquired then within two years the said land would
be transferred to the owner, after completing all formalities pertaining to it. Such
measures will help to subdue all the issues, which we have encountered in this case such
as family tree expansion, the establishment of a new industry, selling of acquired land,
etc.
Rehabilitation & Resettlement Scheme

Section 16 provides for the preparation of Rehabilitation and Resettlement Scheme by the
Administrator.

Upon the publication of the preliminary notification by the Collector, the Administrator for
Rehabilitation and Resettlement shall conduct a survey and undertake a census of the
affected families, in such manner, which shall include–

(a) particulars of lands and immovable properties being acquired of each affected family;

(b) livelihoods lost in respect of landless who are primarily dependent on the lands being
acquired;

(c) a list of public utilities Government buildings, amenities, and infrastructural facilities which
are affected or likely to be affected, where resettlement of affected families is involved;

(d) details of any common property resources being acquired.

The key part of rehabilitation and resettlement is a survey of the affected area, so the Delhi
government must meticulously conduct the survey, taking into the consideration of all
possible dimensions to it, as mention in the above paragraph.

B) Land under encroachment.

All the issues which pertain to the category of land under encroachment fall under the realm
of Jhuggi Jhompari (J&J) resettlement policy of GNCTD. In order to fasten the evacuation of
people from these encroached lands, the government of Delhi can incorporate certain
measures, which can be;
1) An amendment to the Delhi Development Authority’s Scheme for Resettlement of J&J
needs to be done. The amendment should incorporate the points such as higher
monetary compensation, easy claim settlement, proper provisions for rehabilitation of
people, etc.,
2) The government of Delhi should devise policy and strategies which disincentivizes the
encroachment of legal land by third party entity.
3) Proper monitoring of the acquired land by the concerned authorities from time to time
will help to early identify the sign to encroachment and help the concerned institutions
to better prepared for those issues and take timely action.

Role of CSR wing of the private sector project developer.

The Delhi government can make a mandatory clause on the active participation of R&R initiatives by
the private sector developer who has won the bidding process for the infrastructural project and for
which the R&R is required.

The private sector developer shouldn’t be viewing the R&R scheme is a state responsibility, rather
they should work as a team with the concerned institutions of the government for expediting the
whole process of R&R scheme. The private vector developer should take R&R as their social
responsibility and can play a pivotal role in making the R&R a pleasant experience for the affected
people.
Contractual Clarity:

There should be absolute clarity with respect to the role and responsibilities, financial provisions,
time consideration, etc. between the parties of the contractual agreement. This clarity between the
parties of the infrastructural development project will help in accelerating the execution of projects,
cost savings, greater goodwill of the entities in the eyes of people, etc.

Like in this case, there was contractual clarity between the Airport Authority of India (AAI) and GMR
led consortium, on the responsibility of evacuation for encroachers, falls on which side. These sorts
of confusion between the concerned parties will lead to delayed project deliverance and hindrance
to R&R of the affected people.

Thus, the Delhi government should emphasize on the contractual clarity between the parties.

Respecting the right of the rehabilitating people:

The government of Delhi should make an all-out effort for making the realizations of the rights of the
rehabilitating people. They should be adequately compensated, timely processed, provisions of basic
amenities for an initial period of times, protection of them from the middlemen and dealers, etc. The
government through the adequate mechanism, provisions, clauses, etc. should stop the collusion
between the policy, politics, judiciary, and administration, and thus enabling a progressive culture on
R&R scheme.

Decision Problem?

1) How to simplify the complexity around the land transfer deal between the dissidents of
acquired land and governmental institutions?
2) How to upheld the rights of the displaced villagers such as rights to get their compensation
as per the government policy?