Chandigarh, July 7- Fulfilling the assurance given by Chief Minister, Sh. Manohar Lal on the floor of the Haryana Vidhan Sabha on August 9, 2022, the State Cabinet which held its meeting here today approved No Litigation Policy-2023 for land acquired for Industrial Model Township in the revenue estate of villages Kasan, Kukrola and Sehrawan of Tehsil Manesar, District Gurugram.
During the meeting, the Council of Ministers were apprised that the Policy aims to fast track development and make land owners partners in the development process while ensuring that the farmers gets a fair return. The landowners who do not opt under the No Litigation Policy 2023 will be eligible for benefits under the Rehabilitation and Resettlement of Land Owners and Land Acquisition Oustees policy (R&R).
The State Government had notified land measuring approx. 1810 acres under Section 4 of the Land Acquisition Act, 1894, on January 10, 2011, for the purpose of development of Manesar industrial Model Township expansion in villages Kasan, Kukrola and Sehrawan of Tehsil Manesar, District Gurugram. After issuance of notification under Section 4 of the Land Acquisition Act 1894, the Supreme Court vide order dated April 25, 2011 granted stay on the above-mentioned acquisition proceedings. The stay granted by the Court was vacated on December 2, 2019, and thereafter the said land was notified under Section 6 of the Land Acquisition Act, 1894, on August 17, 2020 and subsequently award was announced on August 8, 2022.
There was a discontent amongst landowner on the acquisitions initiated in 2011. Several meetings were conducted with the affected landowners on this issue, wherein it was highlighted that due to such delays, the compensation amounts determined based on Collector rate at the time of notification dated January 10, 2011 were decided only post vacation of stay on August 16, 2022. The assurance was given by the Chief Minister on the floor of the Haryana Vidhan Sabha on August 9, 2022, that the Rehabilitation and Resettlement Policy 2010 would be revised for this acquisition proceeding to ensure appropriate rehabilitation of displaced landowners. In pursuance of the same, a spécific policy has now been prepared for rehabilitating the landowners, whose land has been acquired under Award No. 1 , 2 and 3 dated August 16, 2022 , for villages Kasan , Kukrola and Sehrawan respectively for area measuring 1758 acres.
Policy Applicability
The benefits of this policy shall be applicable for the landowners whose land had been notified for compulsory acquisition under Section 4 of the Land Acquisition Act, 1894, on January 10, 2011 in respect of whose land the award of compensation under Section 9 of the Act was announced vide Award No. 1,2 and 3 dated August 16, 2022 for villages Kasan, Kukrola and Sehrawan respectively. The policy provides an option for reciving better benefits if they submit an undertaking in the prescribed format duly attested by Tehsildar cum Executive Magistrate of Manesar.
Scheme benefits
The No Litigation Policy of 2023 (NLP-2023) allows entitlement of 1000 sqmtrs developed land/plots against one acre land on prorata basis. The farmers/ land owners will have the right to opt for the scheme within a period of 6 months from its notification and launch of portal.
To assure instant benefit to the landowners, HSIIDC will issue Land Entitlement Certificate on the allotment share of land owners within a period of 3 months from the closure of the scheme.
The land owners or holders of the land entitlement certificates shall have the freedom to trade, buy or sell the Land Entitlement Certificates. This implies that land owner can monetize the Certificate in the open market or sell back to the HSIIDC.
This Certificate can be transferred or mortgaged with any bank or financial institution. Developed plots shall be offered by HSIIDC for allotment with possession to holders of land entitlement certificate, after the basic infrastructure facilities are made available in respect of the site to be allotted.
In accordance with the land entitlement certificate, the policy assures the allotment of plot for either use i.e Industrial and Residential. The land owners shall be eligible to exercise the option to take developed residential or developed industrial plots equivalent to 1000 Sq.mtrs for every one acre land acquired.
The landowners entitled for the developed residential plots or industrial plots as the case may be, shall be offered a plot at the allotment price equivalent to the reserve price fixed at the time of first floatation by HSIIDC. The size of plot to be offered will be of standard size which HSIIDC offers i.e for developed residential use - plots measuring 100 sqm and 150 sqm and for developed industrial use- plot measuring 450 Sqm
There will be assured allotment of residential plots in case where self-occupied residential was acquired for unavoidable reasons. Under this category, owners of self-occupied residential structure/houses acquired by the Government, which were in existence on or before notification u/s 4 of land acquisition Act notified on January 10, 2011 would be offered assured allotment of residential plot in addition to the allotment share proposed.
The landowner shall also be entitled to avail the benefit of annuity payment being provided for a period of 33 years.
The annuity payment will be @ Rs. 21,000 per acre per year, for a period of 33 years. This annuity amount will be increased by a fixed sum of Rs. 750 every year.
Provision of Buy back of Land Entitlement Certificate
In order to make the policy more acceptable and to benefit the farmers on the lines of Land Pooling Policy 2022, the landowners/ holders of land entitlement certificate may also request HSIIDC to buy-back the land entitlement certificate at a price of Rs. 35,400 per sq mtr, if he does not avails Annuity payment incentive. The buy back price shall be Rs. 35,100 per sqm, if the land owner/holder of Land Entitlement Certificate avails annuity payment incentive.