"Move aimed at expediting the process of obtaining private property to facilitate reconstruction"

The government has drafted a work procedure on land acquisition to expedite the process of obtaining private land to facilitate post-earthquake reconstruction works.The work procedure has shortened many processes related to land acquisition to facilitate relocation and rehabilitation of victims of earthquakes of April and May, said Ramesh Dhakal, joint secretary at the Office of the Prime Minister and Council of Ministers (OPMCM), which is helping the National Reconstruction Authority (NRA) to frame the work procedure.

The provisions incorporated in the work procedure will strictly apply to land acquisition process related to post-earthquake reconstruction works. The provisions laid in the work procedure will supersede provisions of Land Acquisition Act 1977, Dhakal said.

“We have already forwarded the draft to the NRA for consultation,” Dhakal told The Himalayan Times. “We will forward it to the Cabinet to get final approval as soon as the NRA completes the consultation process.”

If the work procedure is endorsed by the Cabinet, NRA CEO will get the authority to take most of the decisions related to land acquisition.

“The work procedure will empower the NRA CEO to take a final decision on land acquisition once the land is identified,” said Dhakal.

At present, chief district officers (CDOs) are generally mobilised to initiate land acquisition process, following which a public notice has to be issued. “All this takes a long time and we have tried to shorten this process by empowering the NRA CEO,” said Dhakal.

This facility is expected to help NRA, which is mulling over relocating 143 settlements devastated by earthquakes and has floated plans to build smart cities, towns and villages at various places in quake-affected districts.

The work procedure has also tried to simplify the process of extending compensation to owners whose land is being acquired.

Currently, a committee is formed under the CDO to determine the compensation.

If land owners are not happy with the amount fixed by the committee then the Ministry of Home Affairs and regional administrative offices intervene, prolonging the process of extending compensation.

Once the work procedure is introduced, the CDO will still head the committee to fix the compensation amount. “But if owners, whose land is being acquired, are not happy with the decision, they will have to approach the NRA CEO,” Dhakal said, adding, “We believe this provision will shorten the process of extending compensation because dealing with a single person is less cumbersome than with different bodies.”

He, however, said owners, who are willing to relinquish their property, should not be short-changed in this process.

“The compensation amount should be fixed considering the current market value of the land and losses that owners are likely to incur from sales of land,” Dhakal said. “But if owners do not wish to get compensation in cash, then another plot of land of similar value should be handed over.”

The work procedure has also incorporated a provision which enables the NRA to hold direct negotiations with the land owner to fix the compensation amount.

source:the himalayan times,24 feb 2016