Legal disputes over land acquisition delay ORR project
Competent authority for land acquisition (Cala), responsible for acquiring land on behalf of National Highways Authority of India (NHAI), is facing criticism for issuing conflicting notifications that experts allege violate legal procedures. Cala refers to revenue officials appointed by state govt to oversee the land acquisition process for national highway projects.
Cala first issued a 3A notification on Oct 28, 2022, to begin acquiring land for the project.
This notification serves as a notice of intention, allowing the public to raise objections within 21 days. Once objections are settled, Union ministry of road, transport and highways (MoRTH) must issue a 3D notification, which is the final approval for land takeover.
According to documents accessed by TOI, MoRTH issued 3D notification in several stages during 2023 for villages including Kulathummal, Balaramapuram, Pallichal, Pullampara, Manickal, Pulimath, Nagaroor, Koduvannoor and Kilimanoor.
But Cala unexpectedly, issued a new 3A notification again on Nov 22, 2024, on the properties which were issued 3D notification. Landowners and legal experts questioned this illegal move.
Once a 3D notification is issued, there is no need for a 3A notification. Repeating the process without a valid reason may make the acquisition invalid.
Adding to the problem, as per rules, NHAI needs to get consent from at least 70% of affected families before taking over the land.
Legal experts said the step was not followed properly, making 3D notification itself questionable.
"Cala issued a fresh 3A notification for properties with same survey number, which were already issued a 3D notification. It is illegal. Not only one village. There are many survey numbers. This is sheer apathy of authorities and it has to be corrected. Otherwise, it will cause more delay in the land acquisition process," said K Raveendran Nair, a landowner and legal expert.
Meanwhile, Sheeja S, deputy collector (LA (NH) and Cala, Thiruvananthapuram), told TOI that 3A notification was issued to 13 villages, excluding 11 villages which were issued 3D notification. "The 3D notification for the 11 villages is still active. The 3A notification is for remaining 13 villages. So there are no illegalities. We issued notification as per procedure," she said.
Villages, which were issued 3D notification, will be compensated only after the project secures Centre's approval, said Sheeja.
"Once Union ministry approves the project, we will start disbursing compensation to landowners in 11 villages," she said.
The cost of acquiring land has doubled owing to the delay in land acquisition. Earlier, land acquisition was estimated at Rs 1,800 crore and it has now crossed Rs 3,800 crore. This delay is putting pressure on both govt and affected families.
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