Lok Sabha Question No. 4214 (UNSTARRED), answered on 2019-07-18
Subject: Land Acquisition for Road Projects
Ministry: ROAD TRANSPORT AND HIGHWAYS
Asked by: Ajay (Teni) Misra

## GOVERNMENT OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

## LOK SABHA UNSTARRED QUESTION NO. 4214

ANSWERED ON 18 TH  JULY, 2019

## LAND ACQUISITION FOR ROAD PROJECTS

## 4214.   SHRI AJAY MISRA TENI:

## Will the Minister of ROAD TRANSPORT AND HIGHWAYS सडक परिवहन औि िाजमार्ग मंत्री

be pleased to state:

- (a) whether the Government is aware that the issue of land acquisition has been the biggest reason for pendency of road projects during the period from 2004 to 2014 across the country;
- (b) if so, the details thereof;
- (c) whether  there  was  no  proper  and  beneficial  policy  regarding  land  acquisition  in  the interest of the people; and
- (d) if so, the remedial measures taken/ being taken by the Government after the year 2014 to remove the shortcomings in the said policy and expedite the road projects?

## ANSWER

## THE MINISTER OF ROAD TRANSPORT AND HIGHWAYS (SHRI NITIN JAIRAM GADKARI)

- (a) and (b) National Highway projects are delayed due to various reasons viz. utility shifting, non-availability of soil/ aggregate, poor performance of contractors, environment/ forest/ wildlife clearances, Road Over Bridge (ROB) & Road Under Bridge (RUB) issues with Railways, public agitation  for  additional  facilities,  arbitration/  contractual  disputes  with  contractors  including hurdles in land acquisition.
- (c) The land for the building, maintenance, management or operation of a national highway or part thereof, is acquired under the National Highways (NH) Act, 1956. The NH Act, 1956 was amended vide Act No. 16 of 1997 whereby the provisions for acquisition of land for the National Highways were made under Section 3 of the NH Act, 1956.
- (d) The Ministry of Road Transport & Highways has taken following remedial measures to expedite the land acquisition for road projects:
- i. Determination of compensation for land acquisition for NHs in consonance with the applicable provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, w.e.f.  01.01.2015.  The  stipulations  contained  in  the  RFCTLARR  Act,  2013 prescribes for:
- (i) The  higher  value  amongst  prevailing  circle-rates  or  average  of  highest 50% of sales-transactions  of  past  03  years  shall  be  the  market  value  of land;
- (ii) Value of land in  rural  areas  is  multiplied  by  a  factor  determined  by  the 'appropriate' Government; and,
- (iii) Solatium  @100%  is  payable  on  the  sum  of:  (a)  market  value  of  land (multiplied  by  factor)  and,  (b)  value  of  assets  thereon  (i.e.  crops,  trees, ponds, buildings, bore-wells, structures etc.);
- (iv) Interest @ 12% per annum is paid on market value of land from date of 3A/  3D  Notification  till  the  date  of  taking  possession  or  payment  of compensation, whichever is earlier.
- ii. Completion of major portion of land acquisition prior to initiation of bid;
- iii. Constitution  of  High  Power  Committee  under  Chief  Secretary  to  resolve  the issue related to land acquisition;
- iv. Delegation of powers to Regional Officers for speedier decision making;
- v. Engagement of retired revenue personnel at Regional Officer/ Project Director level as well as at Competent Authority for Land Acquisition level to assist in Land Acquisition matters;
- vi. Introduction of BhoomiRashi portal for online submission of Land Acquisition notification for reducing the time in publication;
- vii. Regular  review  at the  level  of  Hon'ble  Minister  for  Road  Transport  & Highways, Secretary, Ministry of Road Transport & Highways and Chairman, National Highways Authority of India (NHAI) and other senior officers;
- viii. Close coordination with other Ministries and State Governments;

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