ABSTRACT

The Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (Central Act, 30 of 2013) passed by the
Government of India - Further action in cases where process under the Tamil Nadu
Highways Act 2001 - Initiated - Executive Instructions - issued.

Highways and Minor Ports (HF1) Department

G.O-(Ms) No.59 Dated: 29.05.2014

15
2045

Read:

1. G.O.(Ms) No.88, Revenue [LA-I(1)] Department, dated 21.2.2014

2. From the Director General, Highways Department, Letter No. RFCTLARR /
DG/2013, dated 11.04.2014

ORDER:

The Right to Fair Compensation and Transparency in Land Acquisition and

Rehabilitation and Re-settlement Act 2013 (Central Act 30 of 2013) came into force
on the January 1st, 2014 repealing the Land Acquisition Act, 1894 (Central Act 1 of
1894).
2. In the G.O. first read above, Executive Instructions have been issued on
how to proceed with further action on the pending land acquisition cases which were
already initiated under the provisions of the Land Acquisition Act, 1894 (since
repealed), based on the provisions laid down in section 24(1) of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 stating that "interim compensation should be determined
based on the procedures already in vogue subject to additional compensation being
paid as per the Right to Fair Compensation and Transparency in Land Acquisition
and Rehabilitation and Re-settlement Act, 2013".
3. The State of Tamil Nadu has enacted three special State Acts for land
acquisition, namely, Tamil Nadu Highways Act, 2001, Tamil Nadu Acquisition of
i#nd for Industrial Purposes Act, 1997 and the Tamil Nadu Acquisition of Land for
Harijan Welfare Schemes Act, 1978.

4. Section 105 of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 exempts 13 Central
enactments specified in the Fourth Schedule and enables the continuation of the
acquisition of land under the said enactments for a limited period of one year from
Land Acquisition, Rehabilitation and Resettlement Act, 2013. It also cast a duty upon
the Central Government to issue a notification, before the expiry of the said period,
to apply the provisions of the Central Act 30 of 2013, relating to compensation,
rehabilitation and resettlement, with or without modifications or exceptions, as
specified in that section to the above said thirteen enactments. The State
Government have considered it necessary to continue the Land Acquisition under
the above said three States Acts also for a period of one year on the same lines as
the 13 exempted Central Acts.
5. To give effect to the said decision, the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu
Amendment) Bill, 2014 (L.A.Biil 5 of 2014) has been passed by the Tamil Nadu State
Legislature seeking to amend the Central Act 30 of 2013 so as to continue the
acquisition of lands under the commencement of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by
including the said three State Acts in the newly inserted Fifth Schedule and the
Government of India-has been requested to obtain the assent of the President to the
said Bill.

6. In his letter second read above, the Director General, Highways

Department has reported that, the process of land acquisition for all the infrastructure
projects being carried out through various wings of Highways department has come
to a halt since the introduction of new RFCTLARR Act, 2013. The land acquisition for
projects are carried out as per. Tamil Nadu Highways Act, 2001, wherein the
determination of compensation is guided by the provisions of the old central Land
Acquisition Act, 1894 which has now been repealed by the RFCTLARR Act, 2013. At
present Highways Department is carrying out more than 250 projects at a value
around Rs.5000 crore involving acquisition of 1090 Hectares of land. With the
introduction of RFCTLARR Act, 2013, the Highways Act 2001 needs to be amended
for its validity. The new RFCTLARR Act, 2013 can be put into operation only after
framing necessary rules and availing the flexibility admitted for states in the
Government of India Act with the approval of state legislature. Also, the
implementation of this act required establishment of various institutional structures,
framing of norms for Social Impact Assessment and Procedure and manner for
Rehabilitation and Resettlement and it will take minimum of 6 months,

7. The Director General, Highways Department has therefore requested

instruction of the Government for proceeding further with Land Acquisition process
as per Tamil Nadu Highways Act 2001 without any hindrance where,

a) Process initiated under the Tamil Nadu Highways Act, 2001, where
notification under section 15(2) has been made, should be allowed to
continue and declaration under section 15(1) of the Tamil Nadu Highways
Act, 2001, if not made should be issued. However, the interim
compensation should be determined based on the procedures already in
vogue subject to additional compensation being paid as per the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013.

b) Process initiated under the Tamil Nadu Highways Act, 2001, where the
declaration under section 15(1) of the Tamil Nadu Highways Act, 2001 has
been made, should be allowed to continue and the interim compensation
should be determined as specified above.
 8. The Government after taking into consideration of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (RFCTLARR) Act 2013 (Central Act 30 of 2013) have
decided as follows:
"In as much as section 105-A proposed to be inserted to the Central
Act 30 of 2013 by the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Bill,
2014 has been given retrospective effect from 1.1.2014, and pending issue of
notification under section 105-A(2) of the said Central Act 30 of 2013, Interim
Compensation for all cases where acquisition of land is taken up under the
Tamil Nadu Highways Act, 2001 should be determined based on the
procedure already in vogue subject to additional compensation being paid as
per the provisions of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013".
(By Order of the Governor)

Rajeev Ranjan,
Principal Secretary to Government

To
The Principal Secretaries / Secretaries to Government of all Departments,
Secretariat, Chennai-9
The Additional Chief Secretary / Commissioner of Revenue Administration,
Chepauk, Chennai-5
The Additional Chief Secretary / Commissioner of Land Administration,
Chepauk, Chennai-5
The Principal Secretary / Commissioner of Land Reforms, Chepauk,
Chennai-5
The Project Director, Tamil Nadu Road Sector Project, Chennai-28
The Chief General Manager, Tamil Nadu Road Development Company,
Chennai-28
All District Collectors
The Director General, Highways Department, Chennai-5
All the Chief Engineer's in Highways Department, Chennai
The Executive Officer,
Tamil Nadu Road Infrastructure Development Company, Chennai-2
All District Revenue Officers

Copy to:
The Revenue Department, Chennai - 9
The Finance Department, Chennai - 9
The Private Secretary to Principal Secretary to Government,
Highways and Minor Ports Department, Chennai - 9
All Sections in Highways and Minor Ports Department, Chennai-9
C.N0.15640/HF1/2013
Stock File / Spare Copy

Section Officer