G.R. Dt. 12th October, 2015 – Department of Revenue and Forest – Sub- Policy for the Rehabilitation of Families displaced by National Parks and Sanctuaries in Maharashtra
———————————-
Policy for the Rehabilitation of Families affected by Sanctuaries, National Parks and other Forest Projects
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No:- WLP-0714/Pra.Kra.167/F-1
Mantralaya, Mumbai-400 032
Dated:- 12th October, 2015
Vide:-
[1] Government Resolution No:-WLP-1012/Pra.Kra.122/F-1, Dated 03.11.2012.
[2] Government Notification No:- LQN-12/2013.Pra.Kra.190/A-2, Dated 27.08.2014.
[3] Government Resolution No:-Sankirna-03/2015/Pra.Kra.34/A-2, Dated 12.05.2015.
[4] Government Notification No:- LQN-12/2013/Pra.Kra.190/A-2, Dated 26.05.2015
———————
Preface:-
Under the above referred Government Resolution at Reference No.1, the State Government has framed a Policy for the Rehabilitation of families affected by Sanctuaries, National Parks and other Forest Projects. The Government Resolution at Reference No. 1 above provides for the payment of price of land and 30% additional solatium by way of Rehabilitation to the project affected persons who are required to be relocated in conformity with the Ready Reckoner System of Rates formulated by the Inspector General of Registration as applicable on the relevant date.
2. The Guidelines issued by the Central Government in the year 2008, inter-alia, mention the following matters.
In case, the cost of relocation including settlement of rights per family exceeds rupees 10 Lakhs, the State Government has to meet extra cost.
Hence, where the valuation of immovable property for the whole village exceeds the total package payable for the village beyond 30%, then the remaining amount is to be made available by the State Government as mentioned in the above referred Government Resolution.
3. Acquisition of lands comprised in the National Parks, Sanctuaries and Tiger Projects, as well as Relocation is voluntary. Hence, the Land Acquisition Act is not applicable. Lately, the Central Government has enforced 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. The entitlement of the affected persons to the compensation payable under these Statutes, in general, is better than the Rehabilitation and Resettlement Package. Hence, the affected persons or their family members may seek better compensation, rehabilitation and resettlement under any other law for the time being force in the State under which the land is proposed to be acquired. Under the above referred Government Notification at Sr. No.4 the State Government has fixed the factor of 2 for the Rural Areas by which the Market Value is to be multiplied. Under the new Policy, while acquiring land for a Project the land owner will have to be paid the amount comprising the Market Value of land multiplied (x) by the factor by which the Market Value is to be multiplied plus (+) Value of the Property standing on the land plus (+) 100% Solatium Amount. Where a private sector land is to be acquired for irrigation and other projects by private negotiations through direct mode, the Government Resolution at Reference No. 3 above, Dated 12.05.2015 provides an extra 25% incentive on the amount of compensation payable under the provisions of the Land Acquisition Act, 2013.
4. The Principal Chief Conservator of Forests (Wildlife) has opined that although the provisions of the Land Acquisition Act, 2013 are not applicable to the voluntary rehabilitation from the National Parks, Sanctuaries and Tiger Projects, it is equitable to separately provide the valuation of lands and the Solatium Amount payable thereon to the Rehabilitated Persons instead of including it in Rs. 10 Lakh Package and it would help speed up the voluntary rehabilitation; in view of this opinion, the Government contemplated the matter of awarding parity based compensation to the Rehabilitated Families. Moreover, queries have been received from the Field Level due to confusion over some matters in the above referred Government Resolution No.1. Hence, the Government contemplated the matter of clarifying these issues.
Government Resolution:-
As the new Policy expects that payable compensation for a land should be over and above the Rehabilitation Package, the Government has resolved as hereunder for the rehabilitation of families affected by National Parks, Sanctuaries and other Forest Projects.
(1) As per the Government Resolution Dated 03.11.2012 the Amount of Compensation and the Amount of Solatium on account of the land awarded to the Rehabilitated Families under Option 1 or Option 2 shall be in addition to the Package. The Amount of Land Compensation and the Amount of Solatium should be computed in conformity with Sections 26 to 30 of the Central Government Act viz. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the First Schedule, thereof, and the Maharashtra State Rules, 2014, framed, thereunder.
(2) This Government Resolution shall only apply to the newly Rehabilitated villages from the National Parks/Sanctuaries/Tiger Projects, as well as to the families from the villages where Rehabilitation is in progress, but the Rehabilitation is still pending.
(3) The excess amount of expenditure over and above the Package of Rs. 10 Lakh fixed under the State Rehabilitation Policy shall be met within the maximum 10% limit of the State Campa Fund and from the interest amount accruing from the Campa Fund.
(4)(i) Guideline No. 12 under Option No. 1 set out in the Government Resolution Dated 03/11/2012 stands revised as hereunder:-
Initially, Rs. 1.0 Lakh should be credited to the Account opened in the name of the Project Affected Person at the time of Relocation and at the time of actual Rehabilitation, Rupees Four Lakhs (4 Lakh) should be credited to this Account . The Head of a Rehabilitated Family shall have a second Account which will be a Joint Account with the Sub-Divisional Officer. A sum of Rs. 5.00 Lakh should be credited to this Account in the form of Annuity investment. When Sanctuaries/National Park become free from human settlements upon Rehabilitation of the villages, benefits from the resultant excellence of Sanctuary/National Park areas accrue to the entire society. Hence, a permanent source of income will be created for the subsistence and livelihood of the Rehabilitated persons who sacrifice themselves for the benefit of the entire society. If the rehabilitated families want to acquire immovable property such as land/agricultural land or if such families desire to purchase a tractor for farming, a shop as the source of income or a vehicle for the purpose of passenger transportation, they shall be paid the necessary amount from the Joint Account on the joint recommendations of the concerned Assistant Conservator of Forests and the Sub-Divisional Officer by way of a Demand Draft, to be mentioned in the Sale Agreement.
(ii) In Guideline No. 14 “Village Panchayat 8-A” Certificate has been mentioned. Instead, it should be read as the “Village Panchayat 8” Certificate.
(5) The other matters set out in the Government Resolution Dt. 03.12.2012, shall continue to apply, as they are.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov. and its Code Number is 201510131100237319. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
TIWARI VIRENDRA RAMBAHAL – Digital Signature
[Virendra Tiwari]
Chief Conservator of Forests (Mantralaya)
Department of Revenue and Forest
To,
[1] The Principal Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai-32,
[2] The Private Secretary to the Hon’ble Minister (Forests), Mantralaya, Mumbai-32,
[3] The Chief Secretary, Maharashtra State, Mantralaya, Mumbai-32,
[4] The Additional Chief Secretary (Finance), Department of Finance, Mantralaya, Mumbai-32,
[5] The Additional Chief Secretary (Planning), Department of Planning, Mantralaya, Mumbai-32,
[6] The Additional Chief Secretary, Public Works Department, Mantralaya, Mumbai-32,
[7] The Principal Secretary, Department of Water Resources, Mantralaya, Mumbai-32,
[8] The Principal Secretary, Department of Industries, Mantralaya, Mumbai-32,
[9] The Principal Secretary, Department of Rural Development and Water Conservation, Mantralaya, Mumbai-32,
[10] The Secretary (Forests), Department of Revenue and Forest, Mantralaya, Mumbai-32,
[11] The Secretary (Relief and Rehabilitation), Department of Revenue and Forest, Mantralaya, Mumbai-32,
[12] The Principal Chief Conservator of Forests (Head of Forest Force), Maharashtra State, Nagpur,
[13] The Principal Chief Conservator of Forests (Wildlife), Maharashtra State, Nagpur,
[14] The Additional Principal Chief Conservators of Forest (Wildlife), Maharashtra State, Nagpur/Mumbai (Borivali)/Nashik,
[15] Divisional Commissioners (All),
[16] District Collectors (All),
[17] Chief Conservators of Forests (Territorial)/(Wildlife)(All),
[18] Conservators of Forest (Wildlife), All,
[19] Deputy Conservators of Forest (Wildlife), All,
[20] District Rehabilitation Officers (All), Sub-Divisional Officers (All),
[21] The Accountant General 1 and 2 (Audit/Accounts & Entitlement), M. State, Mumbai/Nagpur,
[22] Department of Finance (Vyay-10), Mantralaya, Mumbai-32,
[23] Desks F-2 to F-10, Department of Revenue and Forest, Mantralaya, Mumbai-32,
[24] F-1 Desk, Department of Revenue and Forest, Mantralaya, Mumbai-3 (Select File).
——————
[Text Translated by Adv. Prakash Manohar Chalke
Copyright Reserved]©
@@@@@@@@@