Proceedings of the District Revenue Officer and

Competent Authority Land Acquisition NH-785, Madurai.

Present: THIRU R.GUNALAN, M.A.,M.Phil.

Award No.22/2018
Roc No. 33334/2018/B3 Dated: .8.2018

Sub: National Highways – Formation of 4 Laning and widening of Madurai

Natham Road (NH 785) –Additional Land Acquisition in Survey
Numbers – 12/3B, 12/3C and 35 others in Kadavur Village in Madurai
North Taluk of Madurai District – Determination of amount of
compensation u/s 26 of The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act 2013 –Payment of Compensation to the land owners - Orders
issued – Regarding.

Ref:
1. Notification u/s 3(a) of National Highways Act 1956 published in Gazette
No. 145 dated 12.1.2018 in S.O 170(E) dated 12.1.2018
2. Notification u/s 3(A)(1) of National Highways Act 1956 published in the
Gazette 1278 dated 28.3.2018 in S.O 1414(E)dated 28.3.2018
3. Notification u/s 3(A)(3) of National Highways Act 1956 published in
Newspapers on 07.04.2018
4. Notification u/s 3(D) of National Highways Act 1956 published in the
Gazette No.1890dated 24.5.2018in S.O.2085(E)dated 22.5.2018
5. Notification u/s 3(G)(3) of National Highways Act 1956 published in dailies
on 29.5.2018
6. Special Tahsildar (LA)(NH) report Roc4132/2018dated 04.07.2018
7. This Office Proceedings Roc B3/29236/2018dated 14.07.2018
8. Special Tahsildar (LA)(NH) report Roc4132/2018-2dated 23.07.2018
9. This Office Proceedings Roc B3/33334/2018dated 24.07.2018
10. Other connected records.
******
ORDER:
The Government of India has proposed to form Four Laning and widening of
the Madurai Natham Road (NH 785) under “Bharatmala Pariyojana. The Government of
India have published a notification in the reference first cited u/s 3(a) of National
Highways Act 1956 in the Gazette of India No. 145 dated 12.1.2018duly appointing the
District Revenue Officer, Madurai as Competent Authority for the purpose of Acquisition
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of lands for widening and Four Laning of Madurai Natham Road (NH 785) and the
Deputy General Manager(T) and Project Director of National Highways Authority of
India, Madurai has sent Land Plan Schedule (LPS) for acquisition of landsfor the above
project. On the requisition of National Highways Authority of India, Land Acquisition
proceedings were initiated under National Highways Act 1956 (Act 48/1956) and the
Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and
Resettlement Act 2013 to acquire an extent of 7038Sq.M. of land as detailed below in
Kadavur village, Madurai North Taluk, Madurai District for Four Laning of Madurai
Natham National Highway from Chettikulam to Kadavur (7/300 to 18/400). After due
survey and demarcation in the field, the following lands were identified as necessary for
the four-way track and construction of elevated corridor in National Highway Road.

DETAILS OF ADDITIONAL ACQUISITION OF LANDS

Name of the Taluk: Madurai North Name of Village: Kadavur
Total Extent for New Sub
S. No. Survey No. Classification Extent Acquisition Division
(Ha) (Ha) Number
1 6/1I Dry (House Site) 0.0900 0.0032 6/1I1, 61I3
2 6/5G1 Dry (House Site) 0.0450 0.0010 6/5G1A
3 6/5H1 Dry (House Site) 0.0650 0.0140 6/5H1A
4 8/3A Dry (House Site) 0.2250 0.0091 8/3A2
5 8/3C1 Dry (House Site) 0.2450 0.0047 8/3C1B
6 9/5C Dry 0.0400 0.0073 9/5C
7 9/7H2 Dry 0.2000 0.0555 9/7H2B
8 12/3B Dry 0.0400 0.0029 12/3B2
9 12/3C Dry 0.0400 0.0013 12/3C2
10 12/3D1A Dry 0.0400 0.0027 12/4
11 16/3 Dry (House Site) 0.4550 0.0338 16/3A
12 16/1A1A1 Dry (House Site) 0.4052 0.1215 16/6
13 16/1A1B Dry (House Site) 0.0400 0.0103 16/8
14 16/1B Dry (House Site) 0.0400 0.0193 16/1B1
15 23/1 Dry (House Site) 0.0950 0.0105 23/1A
16 23/2A Dry (House Site) 0.1700 0.0326 23/2A1
17 23/2B Dry (House Site) 0.0550 0.0121 23/2B1
18 23/2C Dry (House Site) 0.0400 0.0087 23/2C1
19 23/3A Dry (House Site) 0.0300 0.0088 23/3A1
20 23/3C Dry (House Site) 0.0250 0.0045 23/3C
21 23/3D Dry (House Site) 0.0150 0.0002 23/3D
22 26/1A Dry 0.7050 0.0141 26/1A2
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Total Extent for New Sub

S. No. Survey No. Classification Extent Acquisition Division
(Ha) (Ha) Number
23 28/1B Dry (House Site) 0.1850 0.0174 28/1B1
24 28/1C1 Dry (House Site) 0.2480 0.0118 28/1C1A
25 28/1C2 Dry (House Site) 0.0190 0.0023 28/1C2A
26 28/1D1 Wet (House Site) 0.0430 0.0011 28/1D1
27 28/1D2 Dry (House Site) 0.0370 0.0110 28/1D2A
28 29/3A1 Dry (House Site) 0.0200 0.0200 29/3A1
29 29/3A2 Dry (House Site) 0.0150 0.0078 29/3A2A
30 29/3C1 Dry (House Site) 0.0350 0.0350 29/3C1
31 29/3C2 Dry (House Site) 0.0300 0.0089 29/3C2A
32 29/3D1 Dry (House Site) 0.1300 0.0530 29/3D1A
33 29/3D2 Dry (House Site) 0.2100 0.0675 29/3D2A
34 29/6A Dry (House Site) 0.4400 0.0525 29/6A1
35 29/7A Dry 0.3600 0.0167 29/7A1
36 29/7B Dry 0.4000 0.0153 29/7B1
37 53/4 Dry 0.2450 0.0052 53/4A

It was observed that a few of these survey numbers have been converted to Housing
Plots and hence are considered as House Sites (Manai) for the purpose of this award, as
indicated in the table above
2) The Notification u/s 3(A)(1) of National Highways Act 1956(Act 48/1956)
was published in the Gazette 1278dated 28.3.2018 in S.O 1414(E)dated 28.3.2018, in
the reference 2nd cited, duly informing the public the intention of the Government of
India to acquire the above-mentioned land for a public purpose for widening/four laning
of Madurai Natham National Highway (NH 785). The substance of this notification was
also published in the local dailies as mentioned below in the reference 3 rd cited u/s
3(A)(3) of National Highways Act 1956, calling for objections if any from interested
persons within 21 days from the date of publication.

SI. No Media Language Date of publication

1 Daily Thanthi Tamil 07.04.2018

2. The Hindu English 07.04.2018

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3) The objection petitions u/s 3(C)(3) of National Highways Act 1956 were
received and disposed of, after due consideration

4) The notification under section 3(D) of National Highways Act 1956 was
published in the reference 4th cited in the Gazette 1890 dated 24.5.2018 in S.O
2085(E)dated 22.5.2018 duly announcing the decision of the Government of India for
the acquisition of the above-mentioned land for the purpose stated above. The
substance of this notification was also published in local dailies as mentioned below in
the reference 5th cited u/s 3(G)(3) of National Highways Act 1956 inviting all parties
interested in the acquired lands to appear in person or represented by agent or by a
legal practitioner before the Competent Authority and the District Revenue Officer,
Madurai District at Collector’s Office on 08.06.2018 and submit their claims over the
lands under acquisition.

SI. No Media Language Date of publication

1 Daily Thanthi Tamil 29.5.2018

2. The Hindu English 29.5.2018

5) Thirteen out of the Thirty Seven land owners appeared for enquiry u/s
3(G)(3) on the date fixed and statements were recorded from them. The owners of the
acquisition lands were finalized on the basis of the Revenue Records and local enquiries
from the Village Administrative Officer, Kadavur. The details of the owners of the land
acquisition land so finalized in Annexure-1.

6) Valuation of Structures:
Compensation for the structures in the acquisition fields have already been
included in the 3G Award 16/2018(ROC No. 29236/2018/B3) passed by the District
Revenue Officer and Competent Authority for Land Acquisition on 24.08.2018.

7) Damages to be compensated
There are no damages to be valued and compensated apart from the land
building for which compensation is awarded in this order.
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8) Severance compensation:
The payment of severance compensation does not arise since no request or
demand has been made by the land owner in this village

9) Encumbrances
As per section 3(D)(2) of the National Highways Act 1956 all the acquisition
lands mentioned above are vested with the Government of India free from all
encumbrances from the date of publication of the Notification u/s 3(D)(1) of the Act.

10) Valuation of Lands under Acquisition

The Special Tahsildar (Land Acquisition) National Highways, Madurai has
submitted proposals for the fixation of land for the acquisition of lands u/s 26 of the
Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and
Resettlement Act 2013 based on the sales statistics collected from the Sub Registrar’s
office, Alanganallur for a period of 3 years prior to the publication of 3(A)(1) Notification
(i.e) from 28.03.2015 to 1.03.2018 and based on the guideline values for the acquisition
survey numbers. During that period 157 sales have taken place and out of 157 sales,
14 sales are land with building. 14 sales of land with buildings have not been taken into
consideration since it will not reflect the real value of the land.
Out of the remaining 143, 131 sales were of house sites (manai) and the
remaining 12 sales were of dry lands. These 131 sales under house sites (manai) and
12 sales under dry lands have been taken for consideration and as per instructions laid
down u/s 26 of The Right to Fair Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act 2013.
Out of 131 sales under house site (manai), the highest 65 have been taken
for consideration. The average sale amount of 65 sales works out to Rs. 2,118.48 per
Sq.M. which is higher than the guideline value of Rs. 510.00 per Sq.M. However, the
valuation of house site (manai) in Kadavur was fixed as Rs. 2,244.65 per Sq.M. for all
house site (manai) lands to be acquired in Kadavuras notified u/s 3(A)(1) of National
Highways Act 1956(Act 48/1956), published in the Gazette No.586 dated 15.2.2018 in
S.O 666(E) dated 15.2.2018 as per order no. B3/29236/2018dated 14.07.2018. Hence,
the value of all house sites (manai) in Kadavur is fixed at Rs.2,244.65 per Sq.M.
 -6-

Similarly, out of 12 sales under dry lands, the highest 6 sales have been
taken for consideration. The average sale amount of 6 sales works out to Rs. 131.79 per
Sq.M. which is higher than the guideline value of Rs. 24.90 per Sq.M. However, the
valuation of dry lands in Kadavur was fixed as Rs. 122.39 per Sq.M. for all dry lands to
be acquired in Kadavuras notified u/s 3(A)(1) of National Highways Act 1956(Act
48/1956), published in the Gazette No.586 dated 15.2.2018 in S.O 666(E) dated
15.2.2018 as per order no. B3/29236/2018dated 14.07.2018. Hence, the value of all dry
lands in Kadavur is fixed at Rs. 122.39 per Sq.M.
As Kadavur village is within 30 km from the Urban Limit, a multiplication
factor of 1.25 has been fixed as per schedule of 30(2) of the Right to Fair Compensation
and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013.

11) Valuation of Trees:

The structures mentioned below are existing in the acquisition lands. The
Competent Authorities has assessed the true value of trees in the Acquisition lands
based on the Schedule of Rates prepared by the Forest Department, Horticulture
Department and Agriculture Department and furnished the valuation reports for
structures after obtaining the approval of the Competent Authorities. The details of the
trees in the acquisition land and value furnished by Competent Authorities are tabulated
below:
Survey Total Number Valuation of Trees
Sl.No Type of Tree
No. of Trees (Rs)
1 29/3C1 Neem 1 264.00
2 29/3D2 Neem 1 462.00
3 29/3D2 Vaagai 8 2,541.00
4 29/7B Neem 1 462.00
5 29/7B Tamarind 1 1,188.00
6 29/7B Usil 1 429.00
Total 13 5,346.00

12) Solatium:
As per section 30(2) of the above said Act Solatium amount calculated at
100% of the Compensation Amount is payable to the Land Owner whose right of usage
and easement right is affected due to acquisition of land.
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13) Determination of compensation:

The total compensation determined for 7,038 Sq.M of land, structures and
trees notified for acquisition in this village is worked out as detailed below as per section
26 of the Right to Fair Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act 2013.
Acquisition Multipli
Rate per Total Value
Sl.No Category area Land Value cation
Sq.M.
(in Sq.M) Factor (Rs.)
Land – House
1 5,826.00 2,244.65 13,077,330.90 1.25 16,346,663.63
Site (Manai)
2 Land - Dry 1,210.00 122.39 148,091.90 1.25 185,114.88
Value of
3 -
Structures
4 Tree value 5,346.00
5 Total value 16,537,124.50
6 100% Solatium 16,537,124.50
12% interest for
land from
7 28.3.2018 to 682,649.22
31.8.2018 (157
days)
33,756,898.22
Total
7,036.00 13,225,422.80 (or)
Compensation
33,756,898

14) Title and Apportionment of Compensation:

Public Notice under section 3(G)(3) was published on 29.5.2018 in the two
local newspapers namely Daily Thanthi and The Hindu inviting claims from all persons
interested in the lands to be acquired to attend the enquiry on 08.06.2018 before the
Compentent Authority and District Revenue Officer, Madurai at Collector’s Office. Some
land owners appeared for enquiry on that day. The actual owners of the lands under
acquisition were verified on the basis of the Revenue records and local enquiries, the
information collected in the 3(G)(3) enquiry. The details of ownership so determined for
the acquisition of land and the compensation amount payable to the land owners of the
acquisition lands is placed at Annexure I. The Survey numbers, the extent of lands
under acquisition, the structures, the trees and its value and amount payable to the
individual owner are discussed in Annexure II.
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The amount of Compensation will be paid under RTGS Scheme on the report
of the Special Tahsildar (LA-NH) after deciding the ownership and after getting
Encumbrance certificate from the owner till the date of disbursement of Compensation
amount. The Special Tahsildar invariably verifies the ownership and identify the land
owners including the pattadars who did not appear for enquiry under section 3(G)(3) at
the time of payment of compensation amount on the basis of records produced by the
recipients. Before making payment, the Special Tahsildar is requested to ensure that
the lands covered under this award are free from encumbrances by way of verifying the
documents available in the respective Sub Registrar’s Office. The land owners will
surrender the original documents to prove their title and ownership over the acquisition
lands and also the records to prove their identity along with two copies of passport size
photo at the time of payment of compensation.

15) Passing of the award:

Based on the materials produced during the course of enquiry under
section 3(G)(3) of National Highways Act 1956 and after perusing the Village Accounts
and other connected records, I have passed this award

16) Sub Divisions, Survey Fields and Land Revenue:

The Sub Divisions of the Survey fields as described above are sanctioned.
The land revenue on these lands will stand abated.
17) Necessary changes will be carried out in the village and Taluk
Accounts

18) By making payment of compensation as noted with in, the title,

ownership, right of enjoyment of registered holders, enjoyers, lessors, lessees,
mortgages, mortgagees and their tenants and their ancestors and legal heirs and
assignees will become null and void. The above lands are free from encumbrances and
they are vested with the Government of India as per the provisions of National
Highways Act 1956(Act 48/1956) and they will be classified and registered in Revenue
Accounts as “National Highways-Government of India”.
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19) The Deputy General Manager(T) and Project Director, National

Highways Authority of India, Madurai is requested to provide necessary funds for
payments of Compensation to the lands owners in accordance with this award. The
compensation amount of Rs. 3,37,56,898(Rupees Three Crore Thirty Seven Lakh
Fifty Six Thousand Eight Hundred and Ninety Eight only) as decided in this
award which will be paid to the land owners as soon as funds are provided by National
Highways Authority of India.

Special Tahsildar(LA), Competent Authority and

National Highways, District Revenue Officer,
Madurai. Madurai.

To
The Individual concerned
(Through the Special Tahsildar(LA) National Highways, Madurai
Copy to:
1. The Deputy General Manager(T) and Project Director,
National Highways Authority of India, Madurai.
2. The Special Tahsildar, (LANH) Madurai
3. The Tahsildar, Madurai North for making necessary changes in the Village
Accounts and Taluk Accounts.