CENTRAL UNIVERSITY LAND ACQUISITION WING

MAIN FUNCTION

The Central University Land Acquisition Wing is functioning as a sub-office under the Directorate of School Education. This wing is functioning under the head of The Revenue Officer. He is assisted by Tahsildar, Deputy Tahsildar, Sub Inspector of Survey, Revenue Inspector, Field Surveyor and Ministerial Staff. The Revenue Officer is vested with the powers of Land Acquisition Officer and he is authorised to exercise the powers of the Collector under The Land Acquisition Act 1894.

As the name suggests, this wing was started for the purpose of acquiring lands in Kalapet and Pillaichavadi revenue villages for the establishment of Central University. This wing acquired an extent of 447.20.28 Hectares (including Government Poramboke) in both Pillaichavadi and Kalapet revenue villages. Out of the acquired lands this wing transferred an extent of 309.54.10 Hectares (including Government Poramboke) for establishing Pondicherry Central University. Further an extent of 76.71.35 Hectares (including Government Poramboke) was allotted to establish Pondicherry Engineering College.

The entire land acquisition process was undertaken by the CULAW and was completed in five phases. Apart from allotting lands to the Central University and Pondicherry Engineering College, the remaining lands were spared to various Institutions of Puducherry viz., Law College, Navodaya Vidhyalaya, NCC, Rajiv Gandhi School of Sports, Central Jail, PONCARE, DR. Cherian’s International School. Apart from the above, a part of the land was also given to the Department of Revenue and Disaster Management to accommodate the people affected by the Tsunami.

CULAW is dealing with the cases under section 28(a) of the Land Acquisition Act filed by the erstwhile owners of the land from whom lands were acquired in Kalapet and Pillaichavady Revenue Villages for the establishment of the Central University. Some cases are pending before the Hon’ble High Court of Judicature at Madras and some appeals are before the Hon’ble Supreme Court of India.

Apart from being the Land Acquisition Officer for the University lands in Kalapet and Pillaichavady, during the year 2006, the Puducherry Government has accorded the powers of Land Acquisition Officer, to the Revenue Officer, CULAW for the lands acquired for the Directorate of School Education and Directorate of Higher & Technical Education for Puducherry Region.

LAND ACQUISITION PROCESS:

The process of land acquisition will be initiated by the Revenue Officer cum Land Acquisition Officer, CULAW, once a Form of Requisition in the prescribed format along with the other necessary documents arereceived.

Form of Requisition:
A formal requisition from the Head of Institution containing the following supporting documents,

  1. Settlement extract.
  2. Willingness of the Land Owners if possible
  3. Eye sketch for the proposed land.
  4. Minutes of the site selection committee under the Chairmanship of the Secretary (Education) duly recommending the proposal.
  5. Minimum area required certificate from the PWD authorities as far as buildings are concerned. In the case of playground or stadium, minimum area requirement is being decided in consultation with the sports authorities by Public Works Department.
  6. Clearance from the Chief Secretary when the proposed land is classified as "wet" in the revenue records.
  7. Clearance from the authorized officers under Land Reforms (Fixation of ceiling on land) Act 1973 if the proposed land is located beyond the urban area.
  8. Clearance from the Hindu Religious Institutions if the land is a temple property.
  9. Approval of the Administrative Secretary for effecting the land acquisition.
  10. Fund Availability Certificate in the prescribed format as per Circular No.2127/Rev./B1/2007 dated 22.11.2007 of Additional Secretary (Revenue), Puducherry.

After the receipt of the Form of Requisition, the land in question will be inspected by the LAO in the first instance. Then the LAO will get the approval of the Government and the 4(1) notification will be published in four modes viz., Government Gazette, Public Affixture, Tamil daily and English daily, inviting objections from the public. The enquiry under section 5(a) will be conducted by the Land Acquisition Officer based on the objections received. After making necessary corrections if any required, the Declaration under section 6 of the Land Acquisition Act will be caused to be published by the Land Acquisition Officer, with the approval of the Government. This Declaration will also be issued in four modes as described earlier.

Then the Land Acquisition Officer will proceed for arriving at the market value of the proposed lands under acquisition. For this he would collect the sale data of adjacent similar lands for the past one year from the date of issue of 4(1) notification. A topo sketch depicting the one year sales in the relevant revenue village will also be prepared. A valuation inspection will be conducted by the LAO and the market value of the lands under acquisition will be fixed by the LAO. The value arrived by the LAO will be communicated to the Government for approval.

The LAO will issue the notices under sections 9(3) and 10 of the Land Acquisition Act to the interested person, informing them about the intention of the Government to take over possession of the said lands and calling them to submit their claims for compensation. On the fixed date the LAO will conduct the Award Enquiry with the interested persons.

Then the LAO will proceed for passing Award under section 11 of the Land Acquisition Act, with the approval of the government. Notices under section 12(2) of the Land Acquisition Act will be served to the interested persons, informing the passing of award. Payment of compensation as decided in the award will be made by the LAO. If the LAO could not decide upon the ownership of the lands or upon the apportionment of compensation, he would refer the case to the Civil Court under section 30 with reference to section 31(2) of the Land Acquisition Act. The Land owners, if dissatisfied over the amount of compensation, can apply to the Civil Court under section 18 of the Land Acquisition Act for enhanced compensation. The application under section 18 has to be made within six weeks from the 12(2) notice or within six months from the date of passing of award, whichever period shall first expire. If the court awards enhanced compensation to the land owners who have applied under section 18, then the LAO will either take action to pay the enhanced compensation or make appeal in a higher court. The other similar land owners who have not claimed enhanced compensation can appeal under section 28(a) of the Land Acquisition Act, if the court grants higher compensation in a petition under section 18 of LA Act.

After completing the Land Acquisition processes, the Land would be taken possession by the Land Acquisition Officer and then will be handed over to the intending department. However, when urgency clause was invoked by the Government, the enquiry under section 5(a) would be dispensed with and the land would be taken possession after expiry of 15 days from the date of 9(1) notice.

After completion of the Land Acquisition Proceedings, the details of acquisition would be sent to the concerned Taluk Office, Settlement Office and Survey Department for making corrections in their records. The lands thus acquired will henceforth be government lands free from all encumberances.

OTHER FUNCTIONS OF CULAW:
  1. Obtaining and communicating administrative approval for the acquisition of lands for outside regions viz. Karaikal, Mahe and Yanam. Processing the Expenditure sanction proposals towards compensation amount payable to land owners for the lands acquired in outside regions.
  2. Processing the requests of the general public and various organisations regarding renting out the erstwhile AFT Ground, Puducherry.
  3. Issuing land acquisition clearance certificate/NOC for the lands not covered under acquisition, to public if they apply for the same.

    The application for land acquisition clearance shall clearly state the details of District, Taluk, Revenue Village and survey numbers of the lands for which land acquisition clearance is sought. The application for a land acquisition clearance certificate shall accompany the copies of identity documents such as Voter’s id, Ration Card, etc. The copy of the document (sale deed, settlement deed, gift deed, will etc) for which the applicant is claiming clearance shall also accompany. If any desirous purchaser wants to get clearance for any land from land acquisition, he has to state so in the application.

  4. Issuing property identity certificate to the erstwhile land owners/ legal heirs of land owners for enabling them to seek employment from the concerned institutions/departments for which lands were acquired/allotted.

    The application for land acquisition clearance shall clearly state the details of District, Taluk, Revenue Village and survey numbers of the lands for which land acquisition clearance is sought. The application for a land acquisition clearance certificate shall accompany the copies of identity documents such as Voter’s id, Ration Card, etc. The copy of the document (sale deed, settlement deed, gift deed, will etc) for which the applicant is claiming clearance shall also accompany. If any desirous purchaser wants to get clearance for any land from land acquisition, he has to state so in the application.

  5. Dealing with various court cases under sections 30, 18 and 28(a) of the Land Acquisition Act.
  6. Processing the requests of various departments of Government for transfer of the Education Department lands.
  7. Attending and replying the petitions filed under the RTI Act.
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