G.R. Dt. 10th January, 2018 – Department of Revenue and Forest – Sub- Awarding Compensation of Four Times the Market Price to encourage Voluntary Relocation from Sanctuaries in Maharashtra
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Awarding Compensation for land equal to four times the Market Price to people who voluntarily relocate from the Sanctuaries in order to reduce the human-wildlife conflict
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:- WLP-0417/Pra.Kra.107/F-1
Mantralaya, Mumbai-400 032
Dated 10th January, 2018
Vide:-
[1] Government Resolution in the Department of Revenue and Forest, bearing No:- WLP-1012/Pra.Kra.122/F-1, Dated 03/11/2012.
[2] Government Notification in the Department of Revenue and Forest, bearing No:- LQN-12/2013/Pra.Kra.190/A-2, Dated 27/08/2014.
[3] Government Resolution in the Department of Revenue and Forest, bearing No:- Sankirna-03/ 2015/Pra.Kra.34/A-2, Dated 12/05/2015.
[4] Government Notification in the Department of Revenue and Forest, bearing No:- LQN- 12/2013/Pra.Kra.190/A-2, Dated 26 /05/2015.
[5] Government Resolution in the Department of Revenue and Forest, bearing No:- WLP-0714/Pra.Kra.167/F-1, Dated 12/10/2015.
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Preface:-
In the State of Maharashtra, 6 National Parks, 48 Sanctuaries and 6 Conservation Reserved Zones have been notified as per the provisions of the Wildlife (Protection) Act, 1972 for affording protection to wild animals. In the State there are 6 Tiger Projects, comprising 5 National Parks and 14 Sanctuaries. Amenities and infrastructural facilities, such as asphalting of kuchcha roads, laying new lines for the supply of electricity, schools, colleges, dispensaries and other development works need to be undertaken or upgraded in the settlements forming part of the Protected Zones. However, due to the Wildlife (Protection) Act, 1972 and various Rulings of the Hon’ble Supreme Court rendered in this context, it is not possible to undertake such development works. In order to create Safe Zones for wild animals and to reduce the human-wildlife conflict, it has become imperative to rehabilitate human settlements in the Protected Zones out of Sanctuaries/National Parks. In order to achieve the golden mean of the wildlife habitat development and wildlife conservation in the Protected Zones, it is necessary to rehabilitate the villages from the Protected Zones outside the Protected Zones.
2. Upon Rehabilitation of villages from the Sanctuaries and National Parks, human intervention-free areas will be available; hence, free movement of wild animals will be possible. After rehabilitation, excellent quality green grass will grow on the vacant sites of villages and farms. Due to availability of abundant fodder the number of herbivores will grow and consequently the carnivores depending upon them, too, will have abundant food. Due to availability of abundant food in the forest for herbivores and carnivores, the movement of wild animals outside jungle will significantly reduce. Hence, it will definitely help to reduce the human-wildlife conflict. Moreover, Forest Tourism will attract tourists. If necessary amenities are provided for the Nature Tourists the number of tourists will grow and consequently it will augment the government revenue and provide employment to the locals. Moreover, after relocation the villages from sanctuaries will not remain deprived of the development works. The people will no longer face the difficulties in communication services, health and educational amenities, usually faced in the remote and highly remote areas. For this purpose, the villages from the Protected Zones need to be rehabilitated on priority basis.
3. Government Resolution Dated 03/11/2012, provides for the payment of price of land and the additional 30% solatium amount by way of rehabilitation to the Project Affected Families relocating from the Sanctuaries, National Parks and other Forest Projects, which become payable on the relevant date of ready Reckoner System of Rates formulated by the Inspector General of Registration and until 11/10/2015 the said amount was disbursed, accordingly. The Central Government has enacted the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The State Government, too, has published the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Maharashtra Rules), 2014 in the Government Gazette, Dated 27th August, 2014. Government Resolution No:- WLP-0714/Pra.Kra.167/F-1, Dated 12/10/2015 which was issued in furtherance, thereof, stipulates that the amount of land compensation and the amount of solatium to be awarded to the Rehabilitated Families shall be in addition to the Package. The said Government Resolution provides for the computation of land compensation and solatium in conformity with Sections 26 to 30 of the Central Government Statute viz. the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the Maharashtra State Rules, 2014 framed under the said Act and it comprises the Market Value of land multiplied (X) by the Factor which is used for the multiplication of Market Value (presently- 2) (+) Price of property standing on land (+) 100% Solatium Amount. In other words, it provides for compensation for a land which, in general, is four times the Market Value of the land, so acquired.
4. In the context of awarding Rehabilitation Compensation to the families electing Option No. 2 stipulated in the Government Resolution Dated 03.11.2012 and Dated 12.10.2015, the Principal Chief Conservator of Forests (Wildlife) Maharashtra State, Nagpur, vide his letter Dated 03.10.2017, has conveyed that if the provisions requiring payment of land compensation and 30% solatium amount are modified it would give a momentum to the Rehabilitation Programme.
5. Sub-Resolution No. 3 of the Government Resolution Dated 12/10/2015 stipulates that the amount of excess expenditure incurred over and above the Package of Rs. 10 Lakh fixed under the Government Rehabilitation Policy shall be met within the maximum 10 percent limit of the State CAMPA Fund and from the interest amount accruing under the CAMPA Fund.
6. Due to the provisions of Resolution Dated 12/10/2015 requiring payment of compensation, in general, equal to four times the Market Value of land acquired by the Government, it is no longer possible to meet the price of acquired land from the grant made available by the State CAMPA. As a result, the Rehabilitation Programmes of the villages from the Protected Zones are likely to be stalled. For this purpose, the Government intended to avail of the funds for rehabilitation made available by the Central Government and to procure funds from the Schemes other than the CAMPA Scheme for the purpose of their proper utilisation. In view of all these matters, the Government has resolved as hereunder:-
Government Resolution:-
1. Sub-Resolution No. 1 of the Government Resolution in the Department of Revenue and Forest, Dated 12/10/2015 vis-à-vis the acquired lands and the properties standing thereon, in the villages to be rehabilitated from the Tiger Projects, National parks and Sanctuaries in the State are revised as hereunder:-
The amount of compensation for land and the solatium amount to be awarded to the Rehabilitated Families under Option No.1 or Option No.2 of the Government Resolution Dated 03.11.2012 shall be in addition to the Package. The amount of compensation and the solatium amount to be awarded to the Rehabilitated Families under Option No. 1, shall be computed in conformity with Sections 26 to 30 of the Central Government’s Statute viz. the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, its First Schedule and the Maharashtra State Rules, 2014 framed under the said Act. The compensation for original land to be awarded to the Families Rehabilitated under Option No. 2 and 30% additional solatium amount thereon, should be computed as per the Ready Reckoner System applicable on the relevant date.
2. Sub-Resolution No. 3 of the Government Resolution in the Department of Revenue and Forest, Dated 12/10/2015 vis-à-vis the acquired lands and the properties standing thereon in the villages to be rehabilitated from the Tiger Projects, National Parks and Sanctuaries in the State are partially revised as hereunder:-
The excess amount of expenditure on account of compensation for the land over and above the Package of Rs. 10 Lakh fixed under the Government Rehabilitation Policy, shall, in the first instance, be met from the Net Present Value (NPV) of the State CAMPA Fund within the maximum limit of 10 percent and paid from interest amount accruing from the CAMPA Fund. The balance amount of compensation shall be paid from the State Scheme – Determination of the Rights and Privileges – Rehabilitation of the villages in the locality of National Parks/Sanctuaries – Account Head (24062241).
3. The said Scheme shall be applicable only to the newly Rehabilitated villages from the National Parks/Sanctuaries/Tiger Projects, as well as to the families whose rehabilitation is pending in the villages where rehabilitation is in progress.
4. Those villages/families which have been rehabilitated under Option No.1 in the wake of Government Resolution Dated 03.11.2012, but which have been paid only Rs. 10 Lakh per family and no agricultural land has been offered to them and consequently such families have become landless due to loss of agricultural land, in such case, the concerned District Collector shall provide to such families a maximum of 1 acre land; provided, suitable agricultural land is available in the same District.
5. The other matters set out in the Government Resolution Dated 12.10.2015 shall continue to apply, as they are presently applicable.
6. The above Government Resolution has been issued with the concurrence of the Department of Finance, Planning, Relief and Rehabilitation.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 201801111151243319. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
Virendra R Tiwari – Digital Signature
[Virendra Tiwari]
Chief Conservator of Forests (Mantralaya)
Department of Revenue and Forest
To,
[1] The Additional Chief Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
[2] The Private Secretary to the Hon’ble Minister (Forests), Mantralaya, Mumbai,
[3] The Private Secretary to the Hon’ble Minister of State (Forest), Mantralaya, Mumbai,
[4] The Chief Secretary, Maharashtra State, Mantralaya, Mumbai,
[5] The Additional Chief Secretary, (Finance), Department of Finance, Mantralaya, Mumbai,
[6] The Additional Chief Secretary, Relief and Rehabilitation, Department of Revenue and Forest, Mantralaya, Mumbai,
[7] The Principal Secretary, Department of Planning, Mantralaya, Mumbai,
[8] The Principal Secretary (Agriculture), Department of Agriculture and ADF, Mantralaya, Mumbai,
[9] The Principal Secretary (Revenue), Department of Revenue and Forest, Mantralaya, Mumbai,
[10] The Secretary (Forest), Department of Revenue and Forest, Mantralaya, Mumbai,
[11] The Secretary (Rural Development), Department of Rural Development, Mantralaya, Mumbai,
[12] The Secretary (Animal Husbandry), Department of Agriculture and ADF, Mantralaya, Mumbai,
[13] The Secretary (Water Conservation), Department of Rural Development and Water Conservation, Mantralaya, Mumbai,
[14] The Secretary, Tribal Development, Mantralaya, Mumbai,
[15] The Director General, Information and Publicity, Mantralaya, Mumbai,
[16] The Principal Chief Conservator of Forests (Head of Forest Force), Maharashtra State, Nagpur,
[17] The Principal Chief Conservator of Forests (Wildlife), Maharashtra State, Nagpur,
[18] The Managing Director, Maharashtra State Forest Development Corporation, Nagpur,
[19] The Principal Chief Conservator of Forests, Social Forestry, Maharashtra State, Pune,
[20] The Additional Principal Chief Conservator of Forests (Budget/Planning and Development), Maharashtra State, Nagpur,
[21] The Additional Principal Chief Conservator of Forests, (Wildlife) Nagpur/Mumbai, (Borivali),
[22] Divisional Commissioners, All,
[23] District Collectors, All,
[24] Chief Conservators of Forest (Territorial), All,
[25] The Chief Conservator of Forests and Zonal Director, Melghat Tiger Project, Amravati,
[26] The Chief Conservator and Director, Sanjay Gandhi National Park, Borivali,
[18] The Chief Conservator and Zonal Director, Pench Tiger Project, Nagpur,
[19] The Chief Conservator and Zonal Director, Tadoba Andhari Tiger Project, Chandrapur,
[20] The Chief Conservator of Forests and Zonal Director, Sahyadri Tiger Project, Kolhapur,
[21] The Conservator of Forests and Zonal Director, Navegao- Nagzira Tiger Project, Gondia,
[22] Conservators of Forests (Wildlife), All,
[23] Chief Executive Officers of Zilla Parishads, All,
[24] Deputy Conservators of Forests (Territorial), All,
[25] Deputy Conservators of Forests (Wildlife), All,
[26] Divisional Forest Officers, All,
[27] Sub-Divisional Forest Officers, All,
[28] District Animal Husbandry Officers, All,
[29] District Rehabilitation Officers, All,
[30] The Accountant General -1/2, (Audit/Accounts & Entitlement), Maharashtra State, Mumbai/Nagpur,
[31] Department of Finance (Vyaya-10 Desk), Mantralaya, Mumbai-32,
[32] All Desks in the Forest Cell, Department of Revenue and Forest, Mantralaya, Mumbai -32,
[33] F-1 Desk, Department of Revenue and Forest, Mantralaya, Mumbai- 32 (Select File).
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[Text Translated by Adv. Prakash Manohar Chalke
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