deputy collector, land acquisition - Cuttack
deputy collector, land acquisition - Cuttack
deputy collector, land acquisition - Cuttack
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OFFICE OF THE COLLECTOR, CUTTACK<br />
INFORMATION ON 17 MANUALS AS PROVIDED U/S 4(1)(B) OF RIGHT TO INFORMATION ACT.<br />
Manual – 1<br />
THE PARTICULARS OF ITS ORGANIZATION, FUNCTIONS & DUTIES.<br />
Section 4(1)(b)(i)<br />
LAND ACQUISITION<br />
Aims & Objectives of the Organisation –<br />
The object of law is to empower Government to acquire private <strong>land</strong> only for public<br />
purpose or for a company under the provisions of Land Acquisition Act and Land Acquisition Manual.<br />
Originally the Land Acquisition Act, 1894 was followed for <strong>acquisition</strong> of <strong>land</strong>. In the year 1984 certain<br />
amendments to different sections were made which is called L.A. [Amendment] Act, 1984.<br />
2. Mission/Vision<br />
For public interest, <strong>land</strong>s are being acquired for developmental activities. The function of the<br />
L.A. Section is to see that the <strong>land</strong>s required to be acquired are measured thoroughly, without any<br />
without any future litigation on the <strong>land</strong>s which may face by the Requiring Organisation, the <strong>land</strong><br />
owners are to get proper justice in payment of compensation and proper recording of the same in the<br />
name of Requiring Organisation.<br />
3. Brief history and background of its establishment.<br />
For <strong>acquisition</strong> of <strong>land</strong> owned by the private persons, for the public interest as well as for<br />
progress of Industrial Society, the Land Acquisition Act was enacted in the year 1894 by the<br />
Legislature and subsequently amended by L.A.(Amendment) Act, 1984 giving effect from 30.4.1982.<br />
Besides the State Govt. have made some amendment according to its jurisdiction and also made<br />
Executive Instructions which are being followed.<br />
4. Organisation Chart.<br />
COLLECTOR<br />
ADDITIONAL DISTRICT MAGISTRATE<br />
AN OFFICER UNDER GRADE ‘B” HAS BEEN POSTED<br />
AS LAND ACQUISITI0N OFFICER (L.A. COLLECTOR)<br />
BY THE GOVT. AS PER SEC.3© of L.A. ACT.<br />
5. Allocation of Business.<br />
For smooth functioning of the Land Acquisition work, Ministerial staff and Revenue field staff<br />
has been posted to assist the Land Acquisition Officer.<br />
6. Duties to be performed to achieve the Mission.
2<br />
When any <strong>land</strong> is required by any official of Govt. or Company, Corporation etc.[<br />
Requiring Officer], they give the proposal for <strong>acquisition</strong> of <strong>land</strong> with <strong>land</strong> schedule, <strong>land</strong> plan and<br />
other documents. If the said <strong>land</strong>s is required by them urgently, the R.O. should furnish a certificate<br />
of urgency with request for application of emergency clause Sec.17[4]. The main object of application<br />
of this emergency clause is that Sec.5-A shall not apply.<br />
Sec. 5-A provides where emergency clause is not applied, the <strong>land</strong> owner[s] after<br />
issue of notification u/s.4[i] within 30 days from the date of publication of said notification may file<br />
objection to the <strong>acquisition</strong> of any particular patch of <strong>land</strong> of entire <strong>land</strong> of the locality to the Collector<br />
in writing and the Collector shall give the objector an opportunity of being heard and after hearing,<br />
the Collector , if he thinks necessary make a report to the Government with recommendations for<br />
decisions of Government and the decisions of the Government shall be final.<br />
After receipt of proposal from the R.O., the L.A.O. makes enquiry through his<br />
staff regarding correctness of the <strong>land</strong> plan, <strong>land</strong> schedule. Prepares a rough estimate and request<br />
the R.O. to deposit to 20% of the estimated cost for meeting the charges of establishment,<br />
contingency, publication, legal charges etc. After deposit of the said amount by the R.O., 5% i.e. 1/4 th<br />
of the deposited amount is kept in the Savings Pass Book maintained by the L.A.O. and deposit rest<br />
15% i.e. 3/4 th under proper Head of Account through challan and sends proposal to Government in<br />
Revenue Deptt. for notification with copies to R.O. , parent Deptt. of R.O. and R.D.C.[C.D.], <strong>Cuttack</strong>.<br />
After notification by Govt. in Revenue Deptt and after gazettee notification, individual notices u/s.4[i]<br />
and general notice are issued for due service on the individual <strong>land</strong> owners and for publication on a<br />
conspicuous place of the locality.<br />
Determination of <strong>land</strong> value<br />
After service of notices, sale particulars of the village preceeding one year from the date of<br />
publication of notification in the locality is obtained from the concerned Sub-Registrar and if the<br />
required sale particulars are not available in the said village, the same are obtained from the nearby<br />
villages for fixation of the rate of acquired <strong>land</strong>. Where the required sale particulars is not available,<br />
the rate is fixed on the basis of the value and yield of the crops of that area. After fixation of rate,<br />
estimate is prepared as per sec.23 as follows<br />
As per L. A. Act. 1894.<br />
Value of the Land<br />
Rs.<br />
Value of the structure, trees, if any Rs. .<br />
Total<br />
Rs.<br />
Solatium @ 15%<br />
Rs.<br />
Damages sustained by the <strong>land</strong> owner Rs. .<br />
Grand Total<br />
Rs.<br />
As per L.A. [Amendment] Act, 1984.<br />
Value of the Land<br />
Rs.<br />
Value of the structure, trees, if any Rs. .<br />
Solatium @ 30%<br />
Rs.<br />
Addl. market value @ 12% per annum for<br />
the period from the date of publication of<br />
notification to the date of award or handing<br />
over possession, whichever is earlier.<br />
Rs.<br />
Damages sustained by the <strong>land</strong> owner Rs.. .<br />
Grand Total<br />
Rs.
3<br />
The proposal u/s.6[i] of L.A. Act along with estimate is sent to the R.D.C.[C.D.],<br />
for countersignature with copies to parent Deptt. of R.O. for sanction of estimate, Revenue Deptt.<br />
for publication of notification after sanction of estimate and to R.O. for placement of funds.<br />
This publication should be made within one year from the date of publication of<br />
notification u/s.4[i] of L.A.Act in the locality failing which the project is invalidated warranting fresh<br />
proposal again to start from the root.<br />
Like 4[i] the L.A.O. serves individual notice and general notice in the conspicuous<br />
place of the locality and requests the R.O. to place the funds. After receipt of the estimated amount,<br />
the Revenue Deptt. is moved for issue of orders u/s.7 i.e. obtaining order of Government for<br />
<strong>acquisition</strong>.<br />
After receipt of such order, notice u/s.9 and 10 are served on the individual<br />
<strong>land</strong>owners and general notice on conspicuous place inviting objection regarding interest on the <strong>land</strong>.<br />
The objections are received, heard and award is passed with reference to the records appertaining to<br />
the acquired <strong>land</strong> and L.A. compensation are paid to the <strong>land</strong> owner[s].<br />
Passing of Award :<br />
In Sec.11 of L.A. Act, it has been clearly mentioned that an award will be passed.<br />
We may adjourn several dates for hearing of objections (Bujharat) but the award should be passed in<br />
one date with prior notice to all the persons having interest in the <strong>land</strong>. At the time of award, the<br />
signature of the awardees should be obtain in proper place in token of their presence. Where any<br />
awardee(s) is/are found absent, notice u/s.12(2) should be served on him through process server.<br />
Award generally passed against the <strong>land</strong> and at the time of payment of<br />
compensation, the names of the <strong>land</strong> owner are mentioned in the appropriate col. Where any dispute<br />
arises at the time of payment of L.A. compensation, the L.A. Collector after hearing when satisfied<br />
about the ownership, he will make payment and where he fails to determine the actual ownership/<br />
apportion he will send the same to the Civil Court u/s.30 of L.A. Act. At that time the claimant, if not<br />
satisfied with the value of the <strong>land</strong>, he may file petition u/s.18 of L.A. Act within the stipulated period.<br />
Period of limitation for filing petition u/s.18 of L.A. Act.<br />
Where any awardee (having interest in the <strong>land</strong>) is not satisfied with the L.,A.<br />
compensation, he may file petition u/s.18 within six weeks from the date of award, if awardee(s)<br />
present or represented; if not present or represented, within six weeks from the date of receipt of<br />
notice u/s.12(2) of L.A. Act or within six months from the date of award whichever period shall first<br />
expire. The L.A.O. verifying the same forwards the same to Civil Court for adjudication. The<br />
G.P./A.G.P. appointed by Govt. defends the case from the side of the L.A. Collector and after disposal<br />
gives his opinion regarding filing of appeal against the said order. The L.A.O. moves the Govt. giving<br />
the history of the case seeking opinion of Govt. regarding filing of appeal. Where opinion is received<br />
not to file appeal, the L.A.O. calculates the decreetal dues and pays/deposits the same to the <strong>land</strong><br />
owner/Court aftr the receipt of the same from the Requiring Officer. Where Law Department opines
4<br />
to file appeal, the same is filed before the Hon’ble High Court and after its disposal, the same<br />
procedure is adopted regarding challenging or not challenging the appeal in Appex Court.<br />
After finalization of the cases where Govt. in Law Deptt. opines not to challenge the order in<br />
appellate forum, the L.A.O. moves the R.O. for placement of funds as per the following calculation.<br />
CALCULATION OF DECREETAL DUES :-<br />
As per L.A. Act,,1894 –<br />
Value of the <strong>land</strong> as per orders of Court<br />
Rs.<br />
Value of structure, trees if any<br />
Rs.<br />
Solatium @ 15% of <strong>land</strong> value<br />
Rs._________.<br />
Total<br />
Rs.<br />
(-) L.A. compensation paid Rs__________.<br />
Differential amount<br />
Rs.<br />
Interest @ 6% per annum from the date of handing<br />
over possession till the date of payment Rs ..<br />
GrandTotal<br />
Rs.<br />
As per L.A. [Amendment] Act, 1984.<br />
Value of the <strong>land</strong> as per orders of Court<br />
Rs.<br />
Solatium @ 30% of <strong>land</strong> value<br />
Rs.<br />
Addl. market value @ 12% per annum for<br />
the period from the date of publication of<br />
notification to the date of award or handing<br />
over possession, whichever is earlier.<br />
Rs.<br />
Total<br />
Rs.___________.<br />
(-) L.A. compensation paid Rs_____________.<br />
Differential amount<br />
Rs.<br />
Interest @ 9% for the 1 st year from the date of taking over<br />
Possession and @ 15% per annum for subsequent periods<br />
Till the date of payment to the <strong>land</strong> owner.<br />
Rs. _______.<br />
GrandTotal<br />
Rs.<br />
SECTION 28-A :-<br />
A new section 28-A is introduced in the L.A.[Amendment] Act, 1984 providing benefits to the<br />
<strong>land</strong> owners who could not file petitions u/s.18. In the said provision, it is provided that any <strong>land</strong><br />
owner can file a petition u/s.28-A within three months from the judgment of Civil Court passed on the<br />
petition u/s.18 of any other <strong>land</strong> owner of the same project covered under the same notification<br />
u/s.4[i] of L.A. Act praying for re-determination of <strong>land</strong> value and other statutory benefits as given in<br />
the said case, if he has not applied u/s.18. The L. A. Collector after receipt of such petition, enquire<br />
into the matter and if found that the case is in order will re-determine the <strong>land</strong> value and other<br />
statutory benefits as per L. A. [Amendment] Act. The limitation is counted from the date of award<br />
passed by Civil Judge in the referred case.<br />
7. Details of services rendered.<br />
As narrated above.<br />
8. Citizens Interaction.
5<br />
The L.A.O. makes field visit to ascertain the actual position of <strong>land</strong>, true measurement etc.,<br />
holds camp courts, for hearing of objections, passing of award, payment of L.A. compensation and<br />
decretal dues.<br />
9. Postal Address of the main Office, attached/Sub-ordinate Office/Field Units etc.<br />
Land Acquisition Officer, Civil, <strong>Cuttack</strong>.<br />
Collectorate Campus.<br />
P.O.- Chandinichouk<br />
<strong>Cuttack</strong> – 753 002.<br />
10. Map of Office location<br />
11. Working hours both for Office and Public.<br />
The working hour of the Collectorate is from 10.00 A.M. to 05.00 P.M. with a lunch break for<br />
30 minutes (from 01.30 P.M to 02.00 P.M.) in each working day excepting Government holidays. In<br />
case of emergency the office functions for more time and also in Govt. holidays.<br />
12. Public interaction, if any.<br />
As narrated above<br />
13. Grievance redress mechanisms.<br />
The grievance cell of the <strong>collector</strong>ate is open for the public on working Saturdays only from<br />
10.00 A.M. to 01.00 P.M. The L.A.O. also deals with grievance petitions filed by public.
6<br />
Manual – 2<br />
Powers and duties of Officers and Employees<br />
[Section 4(1)(b)(ii)]<br />
Powers and duties of officers and staff<br />
The Officials of Land Acquisition Section discharge the duties as follows :-<br />
Sl. Name & Designation of the Staff<br />
Duties attached<br />
No.<br />
1 Sri Pradeepta Kumar Pattnaik, O.A.S, Land Acquisition Officer, Civil, <strong>Cuttack</strong><br />
2<br />
Sri Nakula Ch. Dey, Head Clerk Overall supervision ,Checking of Cash Book & incharge<br />
of all the L.A. Case Records.<br />
3<br />
Sri Manoranjan Swain, Jr. Attached to L.A.O.<br />
Stenographer<br />
4 Sri Dhirendra Ku. Nayak, Sr. Clerk Cash, Accounts, Audit & Inspection<br />
5<br />
Sri Ramesh Ch. Prusty, Sr. Clerk Petitions u/s.18 & 28,R.T.I., Certified Copy & to assist<br />
Govt. Pleader, cuttack in connection with A.R.C.<br />
Charbatia & Gadkan <strong>land</strong> scam cases.<br />
6<br />
Sri Abhaya Ku. Pattnaik ,R.I.<br />
Estt. Matter, A/L for M/s Tata Power Co. Ltd., M/s<br />
Vissa Power Ltd., M/s K.V.K. Nilachal Power Ltd.<br />
7<br />
Sri Laxmi Narayan Nayak, R.I. A/L for widening and strengthening of Jagatpur-<br />
Chandbali Road, H.L. Bridge over River Kathajodi etc.<br />
8<br />
Sri Debaraj Barik, R.I.<br />
Urban Land Ceiling, A/L for M/s Tata Power Co. Ltd.,<br />
M/s Vissa Power Ltd., M/s K.V.K. Nilachal Power Ltd.<br />
9<br />
Sri Antaryami Panda, R.I.<br />
A/L for M/s Tata Power Co. Ltd., M/s Vissa Power<br />
Ltd., M/s K.V.K. Nilachal Power Ltd.<br />
10<br />
Sri Prasanta Ku. Nayak, R.I.<br />
A/L for M/s Tata Power Co. Ltd., M/s Vissa Power<br />
Ltd., M/s K.V.K. Nilachal Power Ltd.<br />
Attached to Sri Antaryami Panda, R.I. for Project<br />
11 Sri Satya Priya Sahoo, Amin<br />
work.<br />
12<br />
13<br />
14<br />
15<br />
Sri Ratnakar Swain, Amin<br />
Sri Rabindra Nath Mohapatra, Amin<br />
Sri Karunakar Mallick, Amin<br />
Sri Niranjan Sahoo, Amin<br />
Attached to Sri Laxmi Narayan Nayak, R.I.for Project<br />
work.<br />
-do-<br />
Attached to Sri Debaraj Barik, R.I. for Project work.<br />
Attached to the O/o Govt. Pleader, <strong>Cuttack</strong> to attend<br />
Court Work.<br />
Manual - 3<br />
Procedure followed in decision making process<br />
[Section 4(1)(b)(iii)]<br />
As narrated above.<br />
Manual - 4<br />
Norms set for the discharge of functions<br />
[Section 4(1)(b)(iv)]<br />
As narrated above.
7<br />
Sl.<br />
No.<br />
Manual - 5<br />
Rules, Regulations, Instructions, Manuals & Records for discharging functions<br />
[Section 4(1)(b)(v)]<br />
List of regulations, instructions, manuals and records<br />
Name of the act, rules, regulations<br />
etc.<br />
1 Land Acquisition Act, 1894 and<br />
L.A.(Amendment) Act, 1984 and<br />
Executive Instructions issued by<br />
Govt. from time to time<br />
Sl.<br />
No.<br />
Brief gist of the<br />
contents<br />
About Land<br />
Acquisition matters<br />
Reference<br />
No. if any<br />
Price in case of<br />
priced<br />
publications<br />
-<br />
Manual – 6<br />
A statement of the categories of documents that are held by it or under its control<br />
[Section 4(1)(b)(vi)]<br />
A statement of the categories of documents held<br />
Nature of Record<br />
Details of information<br />
available<br />
Unit/Section<br />
where<br />
available<br />
Retention<br />
period, where<br />
available<br />
1 Diary register Letters received L.A. Section Permanent<br />
Register<br />
2 Issue register Letters issued -do- - do -<br />
3 Project registers Projects completed and<br />
-do- - do -<br />
going on<br />
4 Register of petitions<br />
u/s.18 of L.A. Act<br />
Petitions u/s.18 received<br />
with action taken<br />
-do- - do -<br />
Register of petitions<br />
u/s.28-A of L.A. Act.<br />
Petitions u/s.28-A received<br />
with action taken<br />
-do- - do -<br />
Manual - 7<br />
Particulars of any arrangement that exists for consultation with or representation by the members<br />
of the public in relation to the formulation of its policy of implementation.<br />
[Section 4(1)(b)(vii)]<br />
Details of consultative committees and other bodies with which consultations are held.<br />
Does not relate to Land Acquisition Section.<br />
Manual – 8<br />
A statement of boards, council, committees and other bodies constituted<br />
[Section 4(1)(b)(viii)]<br />
List of boards, councils, committees etc.<br />
Nothing to comply for the above Manual.<br />
Directory<br />
Sl.<br />
No.<br />
Manual – 9<br />
Directory of Officers and employees<br />
[Section 4(1)(b)(ix)]<br />
Name and Designation Office Phone No. EPBX –<br />
0671-2608265<br />
1 Sri Girish S.N., I.A.S<br />
0671-2508100 Extn.- 20<br />
Collector & D.M.<br />
0671-2301001<br />
2 Addl. District Magistrate (Rev) 0671-2509265 Extn. -35<br />
3 Sri Pradeepta Kumar Pattnaik, O.A.S. 0671-2507156 Extn.-33<br />
Land Acquisition Officer, Civil, <strong>Cuttack</strong><br />
E mail address<br />
dm-cuttack@nic.in
8<br />
Manual – 10<br />
The monthly remuneration received by each of the officers and employees, including the system<br />
of compensation as provided in the regulations<br />
[Section 4(1)(b)(x)]<br />
Manual –11<br />
The budget allocated to each agency<br />
[Section 4(1)(b)(xi)]<br />
Non-plan budget<br />
Nothing to comply.<br />
Plan budget<br />
Manual – 12<br />
The manner of execution of subsidy program<br />
[Section 4(1)(b)(xii)]<br />
List of institutions given subsidy<br />
Nothing to comply.<br />
Manual – 13<br />
Particulars of recipients of concessions, permits or authorizations granted<br />
[Section 4(1)(b)(xiii)]<br />
List of beneficiaries<br />
Nothing to comply.<br />
Manual – 14<br />
Information available in an electronic form<br />
[Section 4(1)(b)(xiv)]<br />
Details of Information<br />
Nothing to comply.<br />
Manual – 15<br />
Particulars of facilities available to citizen for obtaining information<br />
[Section 4(1)(b)(xv)]<br />
Facilities available for obtaining information<br />
Sl. Facility available Nature of information available Working hours<br />
No.<br />
1 Information Counter<br />
2 Website<br />
3 Library Acts, Manuals, Gazetteer etc. 10.00 A.M. to 05.00 P.M. on<br />
working days
9<br />
Manual – 16<br />
Name designation and other partculars of Public Information Officers<br />
[Section 4(1)(b)(xvi)]<br />
List of Public Information Officers<br />
Sl.<br />
No.<br />
Designation of the<br />
officer designated as<br />
PIO<br />
1 Sri Pradeepta Kumar<br />
Pattnaik, OAS,<br />
Land Acquisition<br />
Officer, Civil, <strong>Cuttack</strong><br />
Postal address<br />
Land Acquisition Section,<br />
Collectorate,<br />
P.O.- Chandinichouk<br />
<strong>Cuttack</strong>-753002<br />
Telephone<br />
No.<br />
0671 –<br />
2507156<br />
Extn. - 33<br />
e-mail<br />
address<br />
Demarcation of<br />
area/ Activities, if<br />
more than one<br />
PIO is there<br />
For the<br />
Collectorate<br />
Sl.<br />
No.<br />
First appellate authority within the department<br />
Designation of the officer Postal address Telephone<br />
designated as first appellate<br />
No.<br />
authority<br />
1 Addl. Dist. Magistrate,<br />
<strong>Cuttack</strong>.<br />
Addl. Dist.<br />
Magistrate,<br />
Collectorate,<br />
<strong>Cuttack</strong><br />
0671-<br />
2508265<br />
e-mail<br />
address<br />
Demarcation of<br />
area/ Activities, if<br />
more than one<br />
first appellate<br />
authority is there<br />
- Only one A.D.M.<br />
Manual – 17<br />
Other information as may be prescribed<br />
[Section 4(1)(b)(xvii)<br />
All other information as may be prescribed for dissemination shall be collected, tabulated,<br />
compiled, collected and provided in the form of manual from time to time.