SARDAR SAROVAR PROJECT (SSP)

REHABILITATION POLICY AS PER NWDT AWARD AND STATES LIBERALISED POLICIES


S.No I t e m NWDT Award Madhya Pradesh Gujarat Maharashtra
1.

Definition of oustee

 An oustee shall mean any person who, since at least one year prior to the date of publication of notification u/s 4 of the Land Acquisition Act, has been ordinarily residing or cultivating land or carrying on any trade, occupation or calling or working for gain in the area likely to be submerged permanently or temporarily. Same as under NWDT Award Clause XI-1(2) Same as under NWDT Award Clause XI-1(2) Same as under NWDT Award Clause XI-1(2)

2.

Family

 A family shall include husband, wife and minor children and other persons dependent on the head of the family, e.g. widowed mother. A family shall mean and include husband, wife and minor children and other persons dependent on the head of the family e.g. widowed mother, widowed sister, unmarried sister, unmarried daughter or old father. Same as under NWDT Award Clause XI-1(3) (ii) Same as under NWDT Award Clause XI-1(3) (ii)

3.

LAND ALLOTMENT

        
  a) Landed Oustees Every displaced family from whom more than 25% of its land holding is acquired shall be entitled to and be allotted irrigable land to the extent of land acquired form it subject to the prescribed ceiling in the State concerned and a minimum of 2 hectares (5 acres) per family, the irrigation facilities being provided by the State in whose territory the allotted land is situated. This land shall be transferred to the oustee family if it agrees to take it. The price charged for it would be as mutually agreed between Gujarat and the concerned State. Of the price to be paid for the land a sum equal to 50% of the compensation payable to the oustee family for the land acquired from it will be set off as an initial installment of payment. The balance cost of the allotted land shall be recovered from the allotted in 20 yearly installments free of interest. Where land is allotted in Madhya Pradesh or Maharashtra, all recoveries for the allotted land shall be credited to Gujarat.   1. Land equivalent to that acquired with a minimum of 2 ha and maximum of 8 ha and also Govt. assistance in providing irrigation by wells/ tube wells or any other method if land not irrigated. If irrigation is not possible, minimum 4 ha will be allotted. Development of dry land would be subsidized by the Government to the extent of 75% of the cost involved.

1. (a) For families of all SC/ST and other categories with land holding up to 2 ha. grant-in-aid would be paid to cover the gap, if any, between the amount of compensation and the cost of allotted land in full. For other owing land from 2 to 8 ha. will be eligible for an additional amount of Rs.2000/- per ha. of 50% of the difference in cost of allotted land and the compensation received. Whichever is less.

(b) Oustee has two choice :
i) He can opt for cash compensation for his submerged land.
ii) can opt for compensation in the form of land. He will be entitled for 50% amount of compensation in cash and remaining 50% amount will be adjusted against the cost of the allotted land. Remaining cost of allotted land will be recovered in 20 yearly installments as loan due from third year. Loan will be interest free.

(c) The GOMP allotted agricultural land to the eligible PAFs from the land bank. On refusal PAFs can avail the special  Rehabilitation package (SRP) to purchase land of their choice.

(d) The PAFs will have exemption from stamp duty and registration fee on purchase of land to the extent of the amount they recieved as compensation Rehabilitation Grant and SRP

(e) The Hon’ble Supreme Court in its Judgment dated 08.02.2017 in IA No. 42-53 in W.P. No. 328 of 2002 has directed as below :

  • To pay 1358 PAFs a sum of Rs.15 lakh per family, while making the instant payment, earlier installments made to such families, shall be deducted (from out of the sum of Rs. 15 lakhs)
  • To pay compensation to the 681 PAFs who have yet not received any compensation at the rate of Rs. 60 lakhs per family, as a matter of full and final settlement.
1. Land equivalent to that acquired with a minimum of 2 ha and maximum limited to State ceiling. Joint holders are also eligible for land equal to his share subject to a min. of 2 ha. Joint holders and major sons will be considered as co-sharer of acquired land. Irrigation facilities to be provided by the State.

2. Where agricultural land is purchased by the oustees’ family through committee, the difference, if any, in price of land so purchased and the amount of compensation shall be paid as an ex-gratia.

3. The landed oustee/ encroacher who have received compensation of land has an option to contribute 50% of his compensation as initial installment towards the cost of allotted land and rest of the amount of the cost of land to be repaid in 20 years, yearly interest free installments of contribute 100% compensation towards the cost of allotted land and the difference between the price of the allotted land and compensation would be treated as ex-gratia towards occupancy price. In other categories, i.e. landless agricultural labourer, encroacher (who has not received compensation) and their major sons are given full ex-gratia amount towards the cost of allotted land.		 1. Land equivalent to that acquired with a minimum of 2 ha and maximum limited to State ceiling. Joint holders are also eligible for land equal to his share subject to a minimum of 2 ha. Irrigation facility to be provided by the State

2. The land is allotted to the oustee free of cost.

3. Special Economic Package (SEP) @ Rs. 10 lakh/ha to those oustees who are unwilling to accept land allotted to them from the land banks.

4. The PAFs resettled in Maharashtra if desires to take land in Gujarat it will be allotted by Government of Gujarat
  b) Encroacher oustees No land allotment benefit provided. a. They will be treated as landed oustees subject to two conditions.

i) Encroachment must be on or before 13.4.87.
ii) Allotment of agricultural land will be 1 ha. or 2 ha. Only subject to the size of encroachment coming under submergence.

Encroachers will be entitled to get compensation for land under submergence.

Encroachers prior to 1 year of Notification under Sec. 4 of the Act are entitled for 2 ha. of land and compensation for the balance encroached land as ex-gratia 2 ha of land and compensation as ex-gratia payment for the balance land encroached upto 31/3/78.Later encroachers will be treated as landless and will get 1 ha. Agriculture land
  c) Landless oustees No provision for land allotment No land According to liberalized R&R policy of GOMP letter No. 12/1/27/2/98/1286 dated 4/12/2001 which in over & above NWDT award, all landless agricultural labourers and al SC/ST landless outstees will get Rs. 49300 each for productive assets while other landless will get Rs.33150. 2 ha of land to landless Agricultural labourers only 1 ha of land if oustee moves with others.
  d) Major sons of above all categories of oustees
  •  Every major sons will be treated as separate family
  •  No provision for land allotment
  • Major sons of landed PAFs losing more than 25% land are entitled for 2 hectares  of land as per the decision of Hon'ble Supreme Court dated 15/03/2005.

 Every Major son/unmarried major daughters will be treated as separate family. There eligibility will be 18 years of age one year prior to the date of notification under section-4 of LAQ.

They will be entitled to cash compensation according to the category to which they belong.

  • Major sons of landed PAFs will be allotted 2 hectares  of land as per the decision of Hon'ble Supreme Court dated 15/03/2005.
 2 ha of land to each major sons of all category of oustees with 1/1/87 as cut-off date for major sons. Every Major son/unmarried major daughters will be treated as separate family. There eligiblity will be 18 years of age one year prior  to the date of notification under Sectin-4 of LAQ

The GOM vide corrigendum dated 21/04/2007 on the GR dated 26/02/1992 the entitlement of major sons & major daughters for land increased to 2 ha from 1 ha allotted to them as per  liberalized policy of 1992.

Losing more than 25% land.

  

4.

House plot

 Free of cost allotment of house plot to each oustee family measuring 18.29 x 27.43 m (60'x90') including major sons. (a) Developed residential plot will be given to the oustee families and thier Major sons/unmarried daughter.
  1. 502 sqm(60'x90') for rural area coming under submergence.
  2. 222.95 sqm(40'x60') only for urban area coming under submergence.

(b) Cash Comensation in lieu of house plots Rs.50,000/-

1. Residential plot of 502 sq.m. would be given free of charge to the oustee families and their major sons.

2. Free ready made core house/financial assistance of Rs.45000/- for construction of core house to the oustee families and their major sons. 

 1. Residential plot of 502 sq.m. would be given free of charge to the oustee families and their major sons and unmarried major daughters.

2. Free Mangalore tiles and bamboos.  
5.

Rehabilitation Grant, Grant- in-aid, Subsidy

 Resettlement/rehabilitation grant @ Rs.750/- per family inclusive of transportation charges.

Grant-in-aid upto Rs.500/-		 The GOMP has further liberalized the R&R policy dated 04/01/2001 which is over and above NWDT Award Accordingly, the scale of grant-in-aid for rehabilitation will be as follows:

Rehabilitation Grant

All agricultural landless laboureres/SC/ST labourers, small marginal farmer @ Rs18700 each. All other labourers & land less families @ Rs. 9350 each.

Produtive

Major son of each oustee family will be treated as landless. He will be categorised amongst landless oustee as per his occupation and will be given productive assets as mentioned at 3(c) above.

Subsistence Allowance



Each family will be paid subsistence allowance at Rs.15/- per day for 25 days in a month for a period of one year after resettlement.  

 Rs. 750/- per family with an increase of 8% per year worked out with January,80 as base, as resettlement grant.  

 Grant-in-aid up to Rs. 500/- as per NWDT Award. Rs. 7000/- to purchase productive assets to all category of oustees & their major sons.

Rs. 7000/- to purchase productive assets to all category of oustees and their major sons. 		Subsistence Allowance  

 Each family will be paid subsistence allowance at Rs.15/- per day for 25 days in a month for a period of one year after resettlement.  

 Rs. 750/- per family with an increase of 8% per year worked out with January,80 as base, as resettlement grant.  

 Grant-in-aid upto Rs. 500/- as per NWDT Award.  

 The above benefits at Sl. 2 will be provided to all category of oustees and their major sons and un-married major daughters.  
6.

Transportation Grant

 Transportation charges to be met out of resettlement/ rehabilitation grant of Rs.750/- Free transport will be provided by the project. In case this facility . is not availed of, a lump sum relocation grant will be paid. Free transport will be provided by State Government. Free transport will be provided by State Government

7.

 Acquisition of Private land/ Houses which get isolated or physically cut-off. Not dealt with Would be acquired and owners treated as oustees. Would be acquired and owners treated as oustees. Would be acquired and owners treated as oustees.

8.

Compensation
(a) Land

 As per Land Acquisition Act in operation at the time of acquisition Compensation for land on the basis of price of similar land in adjacent command areas.

As per Land Acquisition Act as amended from time to time.

 As per Land Acquisition Act as amended from time to time.
(b) Houses

As per Land Acquisition Act.

 Replacement value of House. As per Land Acquisition Act. As per Land Acquisition Act.

9.

Civic Amenities
  1. One primary school (3 rooms) for every 100 families
  2. One Panchayat Ghar for every 500 families.
  3. One dispensary for every 500 families.
  4. One seed store for every 500 families.
    5.  
  5. One children's park for every 500 families.
  6. One village pond for every 500 families.
  7. Drinking water well with trough for every 50 families.
  8. One tree platform for every 50 families.
  9. One religious place of worship for every 500 families.
  10. Each colony should be linked to main road by roads of appropriate standards.
  11. Electrification, water supply, sanitary arrangements etc.
  1. Drinking water well/tube-well with trough.
  2. Link and approach road and drains.
  3. Electricity
  4. Dispensary
  5. Primary School
  6. Panchayat Bhawan-cum-Community Hall.
  7. Playground/Children's Park
  8. Cattle shed
  9. Place of Worship
  10. Threshing ground
  11. Seed Store
  12. Tree Platform.
  13. Cremation & burial ground
  14. Pond, wherever feasible
  15. Social amenities for each municipal town viz. water supply, sanitary arrangements etc.
  16. Any other facility such as middle school which was existing in the affected village and its improvement.
  17. Ear marking of pasture land and its improvement.
 As per NWDT Award.
  1. One Primary School (3 rooms) for 100 families
  2. One Panchayat Ghar for 500 families.
  3. Samaj Mandir(cultural centre) for 500 families
  4. One health dispensary for 500 families.
  5. One seed store for 500 families
  6. One children's park for 500 families.
  7. One village pond for 500 families
  8. Drinking water well with trough for 50 families.
  9. Approach and internal roads.
  10. One tree platform for every 50 families.
  11. Play ground for School (1 Acre for Primary and 2 Acre for secondary).
  12. Electricity supply.
  13. Open gutters.
  14. Public Latrines.
  15. Open place for collection of animals.
  16. Khalwadi (Threshing platform)
  17. S.T. Stand
  18. Grazing Land.
  19. Open Place for Bazar.
  20. Cremation/burial ground.
 

10.

Other facilities

 Nil
  1. Where the option of interest free loan is not availed, the family would be assisted to the extent of a grant-in-aid of Rs.1000/- per ha. per year for 2 years.
  2. Age relaxation of 2 Yrs. in Class III posts under the Govt. service.
  3. All welfare schemes being run at the site of displacement will be implemented at relocation sites also.
  1. Special schemes for rehabilitating Dungri Bhils in their marriage circles.
  2. Priority in allotment of tank bed land.
  3. A non-agriculturist family ie., Trader, Shopkeeper, Artisian, are given financial assistance up to Rs.5000/-at the new site for resettling at the new location. He is also provided floor area equal to that lost at new site for carrying out the trade. The differential price is treated as ex-gratia.Preference in employment.
  4. All ongoing welfare schemes will be implemented at relocation sites also.
 Relocation would be given priority in public employment subject to meeting minimum qualifications and subject to age relaxation up to 3 years. Also attempt would be made to absorb as many oustees as possible in project works.
  1. Priority in Class-III & IV posts. Reservation in project establishment.
  2. 50% reservation in ITI.
  3. 5% reserved for PAP's children in Class-III & IV posts in all Govt./Semi Govt. Organisations and local authority.
  4. House building advance
    5. i)Landholder-Rs.8000/-
    ii)Landless labourers- Rs. 4000/-
  5. Priority in allotment of tank bed land as per existing state policy.
  6. All ongoing welfare schemes will be implemented at relocation sites also.

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