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Core Purpose

The District Magistrate (South East), NCT of Delhi, publishes a Draft Rehabilitation and Resettlement Scheme under section 16 of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, for families affected by acquisition of 6298.437 sq. m. of land in Village Nangli Razapur for the 3rd phase of the Barapulla Nallah elevated road project.

Detailed Summary

Notification F.No. ADM/LAC/SE/2023/10/Part-II/458 dated 13 September 2023, issued by the Office of the District Magistrate (South East), Revenue Department, Government of NCT of Delhi, publishes under rule 7(5) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015, the Draft Rehabilitation and Resettlement Scheme prepared under section 16(2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, for families affected by acquisition of Khasra No. 8/2/1 (2786.240 sq. m.) and 13/2/1 (3512.197 sq. m.), total 6298.437 sq. m., of Village Nangli Razapur, for the 3rd Phase of the Elevated Road on Barapulla Nallah from Sarai Kale Khan to Mayur Vihar, New Delhi; the land had earlier been notified for acquisition under section 11(1) of the Act vide preliminary notification F.No.ADM/LAC/SE/2023/10/Part-II/135 dated 06.06.2023, and the Additional District Magistrate (South East) was appointed Administrator under section 43(1) of the Act. A joint survey under section 16(1) was conducted on 21/08/2023 covering five affected families (recorded landowners including Sumant, Nishant and Kulwant s/o Sh. Jaswant Singh; Lokesh and Gaurav s/o Sh. Virender; Jagdish s/o Sh. Devraj; Ritu, Diwan, Suraj and Mukesh; and Anil, Puneet and Ajay s/o Hukam Singh, all of Village Nangli Razapur), finding one Bakayan tree on Khasra No. 8/2/1 and no structures, and concluding that no families are displaced or dependent solely on the land for livelihood; the scheme accordingly finds most standard Rehabilitation and Resettlement entitlements (housing, land allotment, developed land, annuity/employment, subsistence grant, transportation cost, cattle shed/petty shop grants, artisan grants, fishing rights, resettlement allowance) not applicable, except a one-time grant of Rs. 50,000 to each affected family, with stamp duty and registration fee to be borne by the requisitioning body (PWD). The notification is signed by Shailendra Kumar Singh, Administrator (Rehabilitation & Resettlement).

Full Text

5864DG/2023 (1) रजिस्ट्री सं. डी.एल.- 33002/99 REGD. No. D. L. -33002/99 EXTRAORDINARY PUBLISHED BY AUTHORITY PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI No. 280] DELHI, THURS DAY, SEPTEMBER 14, 2023/ BHADRA 23, 1945 [N. C. T. D. No. 219 GOVERNMENT OF INDIA SG-DL-E-14092023-248712 2 DELHI GAZETTE : EXTRAORDINARY PART IV] 8/2/1 0.2786240 (2786.240 वगा 13/2/1 0.3512197 (3512.197 वगा 4 DELHI GAZETTE : EXTRAORDINARY PART IV] 1. 2. 3. 4. 5. REVENUE DEPARTMENT [Office of the District Magistrate (South East) ] NOTIFICATION Delhi, the 13 th September, 2023 DRAFT REHABILITATION AND RESETTLEMENT SCHEME F.No. ADM/LAC/SE/2023/10/Part -II/458.—In the exercise of the powers conferred by sub section (2) of section 16 of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, the draft Rehabilit ation and Resettlement Scheme has been prepared under section 16 of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, for families affected with the proposed acquisition of land bearing Khasra No. 8/2/1 (2786.240 Sqm.) & 13/2/1 (3512.197 Sqm.) total land measuring (6298.437 Sqm.) of Village Nangli Razapur for Infrastructure Project for Construction of 3rd Phase of Elevated Road on Barapulla Nallah from Sarai Kale Khan to Mayur Vihar, New D elhi the same is being published under rule 7 (5) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation Rehabilitation and Resettlement and Development Plan) Rules 2015. Preface: - Vide Prelim inary Notification No. F.No.ADM/LAC/SE/2023/10/Part -II/135 dated 06.06.2023 issued by District Magistrate (South -East), Govt. of NCT, the land bearing 8/2/1 (2786.240 Sqm.) & 13/2/1 (3512.197 Sqm.) total land measuring (6298.437 Sqm.) of Revenue Estate of Village Nangli Razapur was notified for acquisition u/s 11 (1) of Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 for infrastructure project for Construction of 3rd Phase of Elevated Road on Barapulla Nallah from Sarai Kale Khan t o Mayur Vihar, New Delhi. Vide above notification, Additional District Magistrate (South East) was appointed as the Administrator under sub section (1) of Section 43 of the said Act for Rehabilitation & Resettlement of affected families due to acquisition of the said land as mentioned above. As per section 16 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation & Resettlement Act, 2013, Draft Rehabilitation & Resettlement Scheme is to be prepared by the Administrator. Upon t he publication of the preliminary notification under sub -section 1 of section 11 by the Collector, South East, a survey u/s 16(1) was carried out on 21/08/2023 regarding census of the affected families, particular of land and immovable properties, structur es, trees, infrastructure facilities and utilities etc. of land bearing Khasra no. 8/2/1 and 13/2/1. (a) Particulars of lands and Immovable properties being acquired of each affected family: - List of land holding in the affected area: - Total land bein g acquired Kh. 8/2/1 (2786.240 Sqm.) & 13/2/1 (3512.197 Sqm.) total land measuring (6298.437 Sqm.), Nature of land : - Agricultural (Sailab). Khasra No. & Area Area Under acquisition (in Hectares) Name of recorded Owners Name of Persons in cultivation Rem arks 8/2/1 0.2786240 (2786.240 Sq. Mtrs.) Thok Hira Singh & Thok Rambaksh as per their respective shares 1) Sumant - Nishant - kulwant Ss/o Sh. Jaswant Singh R/o village Nangli Razapur 2) Sh. Lokesh & Gaurav Ss/o Sh. Virender R/o village Nangli Razapur The land is recorded as “SHAAMLAT TARAF” OF Thok Hira Singh & Thok Rambaksh as per their respective shares. 13/2/1 0.3512197 (3512.197 Sq. Mtrs.) Thok Hira Singh & Thok Rambaksh as per their respective shares 1) Sh. Jagdish S/o Sh. Devraj R/o village Nangli Razapur 2) Sh Ritu - Diwan -Suraj Ss/o Narottam & Sh. Mukesh S/o Sh. Balkishan R/o village Nangli Razapur 3) Sh. Anil - Puneet - Ajay Ss/o Hukam Singh R/o village Nangli Razapur The land is recorded as “SHAAMLAT TARAF” OF Thok Hira Singh & Thok Rambaksh as per their resp ective shares. 6 DELHI GAZETTE : EXTRAORDINARY PART IV] Trees: Kh. No. 8/2/1 Trees: Bakayan 01 Kh. No. 13/2/1 Trees: NIL Other immovable properties or assets: - NIL (b) Livelihoods lost in respect of land losers and landless whose livelihood are primarily dependent on the lands being acqui red: - The villagers had stated that only the villagers who are holding and cultivating the land as per their shares, are the affected families and there is no landless person. Only the livelihood of the villagers and their families/dependents are affected by the proposed land acquisition. As per chapter 7.2.1 of Social Impact Assessment Report, 08 Tenant Households will lose their residence and 11 Tenant Households will experience a decline in their income from cultivation as a result of the proposed acqui sition, but as per survey report of Tehsildar, Defence colony dated 11/02/2021, the land owners are the cultivators as per their share and regarding hutments, it was reported that no huts are found at the time of survey carried out on 08/02/2021. Since SIA and appraisal for proposed land under acquisition has already been completed on 09/10/2018 and as per section 14, notification U/s 11 must be done within one year, therefore Hon’ble Lieutenant Governor of NCT of Delhi extended the time for issuance of not ification U/s 11 up to 30/09/2023. As more than four years have lapsed therefore, to find out the present status of structures, trees, affected families etc., a joint survey has been carried out b y a team comprising of officials of PWD, L&B Deptt. , LAC (S E) and Revenue staff of Tehsil Defense colony on 21/08/2023. As per survey no structure was found on the requisitioned land. Only one (1) Bakayan Tree was found and five families are affected who are the recorded owners and also cultivating the requisitio ned land. Accordingly, it is evident that the recorded owners have other land in the village and their families are not primarily dependent on this land for their livelihood and they have other sources of income. List of trade or businesses in the affect ed area: The proposed land for acquisition is a “Sailab" land being used for cultivation purpose only. Hence, may be treated as not applicable. List of persons belonging to SC/ST Handicapped or physically challenged persons in the affected area : NIL (c) A list of public utilities and Govt. building which are affected or likely to be affected where resettlement of affected families is involved : - Nil The proposed land for acquisition is a “Sailab” land which is being used for cultivation purpos e only. No living quarters/human settlements are getting affected and so the affected families may not be classified in the category of displaced families. Therefore, resettlement will not be applicable for the affected families. Also, the acquisition does not affect any amenities and infrastructural facilities as it does not exist in the vicinity. This may be treated as Not Applicable. (d) Details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettleme nt of affected families is involved: - The proposed land for acquisition is an agricultural land which is being used for cultivation purpose only. No living quarters/human settlements are getting affected and so the affected family may not be considered in the category of displaced families. Therefore, resettlement is not applicable for the affected family. Also, the acquisition does not affect any amenities and infrastructural facilities as none exist. This may be treated as Not Applicable. (e) Details of any common property resource being acquired: - The proposed land for acquisition is an agricultural land which is used for cultivation purpose only. No common property This may be treated as Not Applicable. DRAFT REHABILITATION & RESETTLEMENT SCHEME: As p er chapter VI, Procedure and manner of Rehabilitation & Resettlement, section 43 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the undersigned has been appointed as the administrator for draft ing Rehabilitation & Resettlement Scheme. This draft Rehabilitation & Resettlement Scheme (RR Scheme) is being drafted in consonance with Section 16,31,41, 42 (if applicable), 43. Second schedule of RFCTLARR Act, 2013 and Rule 7,9 (if applicable), 16, Form IV (if applicable) and Form VII of RFCTLARR (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015. The Draft Rehabilitation and Resettlement Scheme is prepared based on the Second Schedule (Elements of Rehabilitation and Resett lement Entitlements for all the affected (Both land owners and families whose livelihood is primarily dependent on land acquired) in addition to those provided in the First Schedule). The Rehabilitation and Resettlement Scheme is drafted and summarized in the format (enclosed) and recommended for review by Land Acquisition Collector under section 17 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. SUMMARY FOR REHABILITATION & RESETTLEMENT SC HEME 1. Name of Project 3rd Phase of the Project, for Construction of Elevated Road over the Barapullah Nallah starting from Sarai Kale Khan to Mayur Vihar, New Delhi 2. Name/Number of persons interested in the land and the nature of their respective As mentioned at Serial No.4 3. Time limit for provision of Rehabilitation and Resettlement Entitlement given to the affected families Within 06 months from the date of award u/s 38 of RFCTLARR Act, 2013 S.No. Name of Claimant/Affected Family Aadhar No. Occupation Rehabilitation and Resettlement Entitlement Remarks 1. 2. 3. 4. 5. 5 Sumant - Nishant - kulwant Ss/o Sh. Jaswant Singh R/o village Nangli Razapur Sh. Lokesh & Gaurav Ss/o Sh. Virender R/o village Nangli Razapur Sh. Jagdish S/o Sh . Devraj R/o village Nangli Razapur Sh Ritu - Diwan -Suraj Ss/o Narottam & Sh. Mukesh S/o Sh. Balkishan R/o village Nangli Razapur Sh. Anil - Puneet - Ajay Ss/o Hukam Singh R/o village Nangli Razapur NA Farmer (i) Provision of housing unit in case of displacement. (ii) Land to be allotted. (iii) Offer of Developed Land (iv) Annunity/ Employment (v) Subsistence grant for displaced family for period of one year. (vi) Transportation cost for displaced family. (vii) Cattle shed, petty shop. (viii) One time gra nt to artisan small traders and certain others. (ix) Fishing rights. (x) One time resettlement allowances. (xi) Stamp duty and registration fee. (i) NA, as there is no displacement of affected family. (ii) NA, it is not an irrigation project. (iii) N A, as land is not being acquired for urbanization purpose. (iv) NA, as there is no displacement of affected family nor loss of livelihood (families having alternate source of income). (v) NA, as there is no displacement of affected family. (vi) Na, as the re is no displacement of affected family. (vii) NA, no cattle shed or shop found on the land. (viii) NA, as land being acquire is not a non - agriculture land /commercial /industrial structure in the affected area. (ix) NA, it is not an irrigation/hydel pr oject. (x) Affected family shall be given one time grant of Rs.50,000/ - only (xi) To be borne by the requisition department/body (PWD). SHAILENDRA KUMAR SINGH, Administrator (Rehabilitation & Resettlement ) Uploaded by Dte. of Printing at Gov ernment of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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