-1 (" I, .1 \ CHANqJ;q~~H\AD,MINISTRATION FINAW'ED -. - . . •' ",,-y .•-:.<.J~~ARTMENT .ESrATE:··BRANCH PolicYilforil:.and/Acgufs~tioli throu'gh negotiation Notification No.43/3/325-WTFI(5)-2018/ / /7 '8 Dated /l.,r/J)UJI& Whereas, the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and. Res.ettlement Act, 2013 came into force w.e.f. 01.1.201-4. Under the said Act, for acquiring land' different .st~ges have: bee.1;I prescribed Le. to issue notifications, to carry out Social. Impact Study, Rehabilitation- and R~~:ettlement Scheme etc. which consume sizeable amount of -time. Sometimes these long..procedures result in delay and cost escalations for mtiny important.projects. The~efore., keeping,in view the· aforesaid situations, the Administrator, Union Territory, Chandigarh is pleased to frame the policy to acquire the land for the different. . . Departments/ Government undertakings directly from the land owners by way of negotiations with immediate effect. 1) Whenever any Government Dl;!panme.nt has. to acquire land for any public purpose by negoti'ations, the Proposlli may be su'bmitted to the Land Acquisition Officer, U.T., Chandigarh along with details of· the land to be acquired along with copies of Jamabandi, Aksh Sajra etc. The Land Acquisition Officer, U.T, Chandigarh shall examine the proposal on the basis of revenue' r'e'cord and. other necessary aspects and issue necessary advice to the Administrative Department. The· final'decision will be taken at the level of H.E the Adl1)inistrator throughconcerried·Administrative'Department. 2) 'Once the land is identified & selected' by the Chandigarh Administration, the value of land shall be determined by the Land.-Acquisition Officer, U.T., Chandigarh. For this purpose, wh~e fixing the rates.multiplier factor shall be kept in view as prescribed by the notification dated 22.11.2016 issued by the, Chandigarh Administration under Section 26(2) of the Act ibid as amended from time to time. If there is any building, crop, frUoit bearing trees or any other immovable structure on the land, then its value shall be got assessed by the concerned Department. The tota.l amount shall be calculated after adding Solatium @ 100% under Section 30 of the Act ibid, on the amount of compensation, fixed in this manner. t 3) The consent of the lalid owner~ will b~ obtained by the Land Acquisition Officer, U.T, Chandigarh about the rates and total value. of the land regarding the rates so fixed. The rates so fixed (Circle rate/collector rates/market rates) shali be presumed to be accepted. If the,consensus is not reached on these rat~s, then the matter will be placed by the Land Acquisition Officer before the District Price Fixation Committee. The District Price Fixation Committee shall comp(ise of the following members :-
(i) D~puty Commissioner, U.T., Chandigarh.
(ii) Member of Parliament or Representative of Member Parliament, U.T., Chal')digarh
(iii) Chief-Architect, U.T., Chandigarh
(iv) LandAcq!lisition Officer, U.T., Chandigarh
(v) Local Councillor for Urban Areas or Sarpanch for Rural Areas The final decision,Qn .the recommendations of the said committee shall be taken at the level of Administrator, U.T., Chandigarh. In this respect, the main conditions will be as under: - Scanned with CamScanner l t CI. .~~ 2Jt6 If the. consensus is arrived at, through negotiations about the total compensatio.n, as. per para (2) above, under the Right to Fair'Compensation and Transparency.: in Land Acquisition, Rehabilitation and Resettlement Act, 2013, then the Administrative Department will be &uthorized for acquisition after appr~val of competent authority Le. HE-the-Administrator, U.T., Chandigarh. Of) On the r.ecommendation of the lJistrict Price Fixation Committee, to allow up to 10· % Premiulll.over'and·above the price fixed in para .(2) above, the conc,ernE~d Administrative' Secretary, after seeking the advice of the Finance Dep<;lrtment, wi'n· take necessar;y approval from the competent authority Le. H.E-the-Administrator, U.T., Chandigarh. 4) If there is delay of more than six months from the date of consensus about the rates,6% simple intere~t ,will be paid o,n the compensation amount till the date of actual payment. In this regard, an agreement may be made between the representative of the Administrative Department and the land owners. 5) After completior.1 of pro.cess to acquire land by negotiation, no other benefit mentioned in the Right to Fair Compensation and Transparency in Land Acquisition, Rehi:lbilitation and' Resettlement Act, 2013 shall be payable and the land 'owners whose land gets acquired under this policY. However, they will be given a benefit· of waiver in stamp duty, registration fees on purchase of land/building made in U.:r., ,Chandigarh from this compensation amount, within a period oftweyears from'the da.te of payment. 6) The land which will be acquired:under this policy will be registered in the name of concerned Administrative Dep~lrtment and no stamp duty, registration charges, cesses etc. shall be levied. Ajoy Kumar Sinha, Finance Secretary, Chandigarh Administration NOj 43/3/325-UTFI(5)-2018/ /179 Dated 2-s)}):J-P 11- . A copy is forwarded to th~. Controller, Printing and Stationery U T Ch d' h Wlt~ the request to publish in this· notif~c,ation :in th~ Chandigarh Administratio~ Ga~ette:n(~~_ ordmary) af today and to supply 30 cOPles·thereof for official record. ~\~ Additional SecretarY (Estate) For Secretary Estate . Chandigarh Administration No. 43/3/325-UTFI(5)~2018/ II g-O Dated ~ r), I ;)-t?/ f A.copy Is,fof\Narded .to th~~ Director Public Relation Ch' ". the, request that the notification' may~ple~se be:got publish d' th andlgarh Admln~stratlon with newspapers for information of the,general·pUblic. e 10 ree vernacular leadmg . ~ ~W Additional Secretary (Estate) For Secretary Estate Chandigarh Administration Scanned with CamScanner ~ ~~ ~o. 43131325-UTFI(5)-20181 I / 8 ) Dated ~J)') 1.tJ/ t A copy is forwarded for information and necessary action to the following:- , " "
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8. Chairman, .Chandigarh Housing Board, Chandigarh. Estate Officer, UT, Chandigarh. Commissioner, Municipal Corporation, Chandigarh, land Acquisition Offic~r, U.TI' Chandigarh Chief Architect, UT I Chandigarh. Chief E~gineer, UT, Chandigarh. SOO(B), Estate Office, U.T.• Chandigarh., 'f I ci~9 at Website portal. State In.formation Officer. NIC, UT, Chandlgarh or Pa ~\l\.q Additional Secretary (Estate) For Secretary, Estate , Chandigarh Administration ()\ .(}~(c. c.Q ,. r': ,\.' ,f" • -:>-,\.0 X"" r. " 0~;,\":,;:;/: ..... \ Scanned with CamScanner