Haryana Govt. Approved 'No Litigation Policy-2023'

• 10 Jul 2023

Why in News?

In the cabinet meeting chaired by Haryana Chief Minister Manohar Lal on July 7, 2023, 'No Litigation Policy-2023' for expansion of Manesar Industrial Model Township in the revenue estate of Kasan, Kukrola and Sehrawan villages of Manesar tehsil of Gurugram district of the state. Approval was granted.

Key Points:

• The objective of this policy is to accelerate development and make landowners partners in the development process. Also, it has to be ensured that the farmers get proper benefits.
• Landowners who do not opt under the No Litigation Policy 2023 will be eligible for benefits under the Rehabilitation and Resettlement for Land Owners and Land Acquisition Displaced Policy (R&R).
• It is known that the State Government notified about 1810 acres of land in villages Kasan, Kukrola and Sehrawan in Manesar Tehsil of District Gurugram under Section 4 of the Land Acquisition Act, 1894 on January 10, 2011, for the purpose of development of Manesar Industrial Model Township Extension.
• After the issue of notification under Section 4 of the Land Acquisition Act 1894, the Supreme Court vide order dated April 25, 2011, stayed the above-said acquisition proceedings. The stay granted by the Court was vacated on 2nd December, 2019 and thereafter the said land was notified under Section 6 of the Land Acquisition Act, 1894 on 17th August 2020 and subsequently, the award was announced on 8th August 2022.
• It may be recalled that on August 9, 2022, it was assured by the Chief Minister in the Haryana Assembly that in order to ensure proper rehabilitation of the displaced land owners, the Rehabilitation and Resettlement Policy 2010 would be amended for this acquisition proceedings.
• In pursuance of this, a specific policy has now been formulated for the rehabilitation of landowners whose land was acquired under Award No. 1, 2 and 3 of August 16, 2022 for an area of 1758 acres for Kasan, Kukrola and Sehrawan villages respectively.
• The benefit of this policy will be applicable to land owners whose land was notified on January 10, 2011, for compulsory acquisition under Section 4 of the Land Acquisition Act, 1894, in respect of whose land under Section 9 of the Act through Award No. 1, 2 and 3 dated 16th August 2022 respectively. Compensation was declared for Kasan, Kukrola and Sehrawan villages.
• The No Litigation Policy-2023 allows eligibility of 1000 square meters of developed land/plot in lieu of one acre of land on a proportionate basis.
• Farmers/landowners will have the right to opt for the scheme within a period of 6 months from its notification and launch of the portal.
• In order to ensure immediate benefits to the land owners, HSIIDC may issue a land eligibility certificate assuring to development of residential or industrial areas based on the allotment share of the land owners within a period of 3 months from the closure of the scheme.
• Landowners or land eligibility certificate holders will have the freedom to trade, buy or sell land eligibility certificates. This implies that the landowner can monetize the certificate in the open market or sell it back to HSIIDC.
• This certificate can be transferred or pledged to any bank or financial institution. Plots developed by HSIIDC with the position will be offered to land eligibility certificate holders once infrastructure facilities are available in respect of the site to be allotted.
• For developed residential plots or industrial plots, as the case may be, eligible landowners will be offered plots at an allotment price equal to the reserve price fixed by HSIIDC at the time of first flotation.
• The size of the plot offered by HSIIDC will be of standard size, i.e. 100 sqm and 150 sqm plots for developed residential use and 450 sqm plot for developed industrial use.
• Allotment of residential plots will be ensured in cases where self-occupied residential was acquired due to unavoidable reasons.
• Under this category, owners of self-occupied residential structures/houses acquired by the government, which existed on or before notification under Section 4 of the Land Acquisition Act notified on January 10, 2011, will be assured of allotment of additional residential plots in addition to the proposed allotment share.
• The land owner will also be entitled to avail of the annuity payment being provided for a period of 33 years.
• The annuity payment will be Rs 21,000 per acre per annum for a period of 33 years. This annuity amount will be increased by a fixed amount of Rs 750 every year.
• To make the policy more acceptable and on the lines of Land Pooling Policy 2022, land owners/land eligibility certificate holders can request HSIIDC to buy back the valid land eligibility certificate.
• Further, to make the policy more acceptable and benefit farmers on the lines of Land Pooling Policy 2022, land owners/land eligibility certificate holders can request HSIIDC to buy back the land eligibility certificate at a price of Rs 35,400 per square meter if he/she does not avail the annuity payment incentive.
• If the land owner/land eligibility certificate holder avails the annuity payment incentive, the value of the buyback will be Rs 35,100 per sqm.