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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.

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