Haryana to frame policy on return of unutilized land

The Haryana government has decided to frame a policy for return of unutilized land under the provisions of Section 101-A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement, 2013, (Haryana Amendment) Act, 2017.

Facts :

• In order to maintain transparency and consistency in de-notifying the acquired land and to regulate the procedure of such de-notification, the Haryana government has decided to frame a policy for return of un-utilized land under the provisions of Section 101 A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment) Act, 2017.
• The policy will provide for the procedure to de-notify the land, return of un-utilized Land, other activities under the provisions of Section 101 A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Haryana Amendment) Act, 2017 to the landowners.
• This policy aims at prescribing procedure for de-notifying land, acquired under the Land Acquisition Act, 1894 becoming unviable or non-essential on such terms as may be decided by the State Government.
• If the acquiring department is of the opinion that the land acquired under the Land Acquisition Act, 1894 (Act No. 1 of 1894) is un-viable or non-essential for the public purpose for which it has been acquired and that the land should be de-notified from acquisition, it will inform the District level sub commitee about its opinion.
• The district level sub-committee after examining the matter will give its recommendations and reasons as to whether the opinion of the acquiring department referred to it for consideration deserves to be accepted or not.
• The sub-committee will submit a report to the administrative secretary of the acquiring department, who will after taking approval of the government place the matter before a ministerial sub-committee.
• A Ministerial Sub-Committee will be constituted to decide on the matter placed before it. The report of the Ministerial Sub-Committee will be put up for consideration and decision by the Cabinet at the earliest possible. The Cabinet may upon consideration of the report of Ministerial Sub-Committee, allow de-notification of the acquired land.
• The original owner or owners or their legal heirs will return the compensation excluding solatium paid to them along with simple interest payable on deposits from the date of receipt of compensation by them till the date of return of compensation by depositing the same in the designated account as specified in the order before taking possession of the land.
• The Act of the Legislature of the State of Haryana received the assent of the President of India on the 9th May, 2018.

Background :

• The State Government had in August issued notification for denotification of about 830 acres land acquired for the Dadupur Nalvi irrigation scheme.
• Even after getting an amendment incorporated in the new land acquisition law, the government was finding it difficult to implement the decision to return the land to its owners.

Insertion ofSection 101 A  in Central Act 30 of 2013. :

• Power to denotify land.- When any public purpose, for which the land acquired under the Land Acquisition Act, 1894 (Central Act 1 of 1894) becomes unviable or non-essential, the State Government shall be at liberty to denotify such land, on such terms, as considered expedient by the State Government, including the payment of compensation on account of damages, if any, sustained by the land owner due to such acquisition.
• Provided that where a part of the acquired land has been utilized or any encumbrances have been created, the landowner may be compensated by providing alternative land alongwith payment of damages, if any, as determined by the State Government.

By: Harman Sandhu