भारत सरकार / Government of India

Daman 28^th January, 2021 08 Magha, 1943 (Saka) No. : 04

U.T. ADMINISTRATION OF DADRA & NAGAR HAVELI AND DAMAN & DIU

OFFICE OF THE COLLECTOR, DIU

AWARD UNDER SECTION 23 OF THE

RIGHT TO FAIR COMPENSATION TRANSPARENCY IN LAND ACQUISITION

REHABILITATION AND RESETTLEMENT ACT, 2013

CASE NO.

No. 65-05-LAQ/2020-21/2430

DATED

10/01/2022

NAME OF THE

VILLAGE

DIU

NATURE OF THE

ACQUISITION

PERMANENT

TALUKA

DIU

DISTRICT

DIU

PURPOSE OF

ACQUISITION

LAND ACQUISITION FOR DEVELOPMENT OF PENSAO BEIRA

MAR INTO HERITAGE HOTEL IN DIU DISTRICT

INTRODUCTION :

These proceedings are under provision of Section 23 of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for determination of

compensation in respect of net area of land proposed to be acquired for development of Pensao Beira

Mar into Heritage Hotel in Diu District. The land acquisition proceedings were initiated with the

publication of Preliminary Notification under section 11 of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

श्रेणी - २

SERIES - II

प्राधिकरण द्वारा प्रकाधित / PUBLISHED BY AUHTORITY

SERIES – II No. 04 THE GAZETTE OF DNH & DD

Page 2

The Chief Executive Officer, Diu Smart City Limited, Diu had submitted a land acquisition

proposal for development of Pensao Beira Mar into Heritage Hotel in Diu District.

NOTIFICATION OF SOCIAL IMPACT ASSESSMENT AND REPORT OF SIA:

Under section 4 Sub Section 3 of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013, Social Impact Assessment Notification No.

65-05-LAQ/2020-21/216 dated 30-04-2021 was published. After conducting Public Hearing on

31-05-2021 at 04.00 PM at Collectorate Conference Hall, Diu, Social Impact Assessment report was

submitted to Collector, Diu and copies were circulated to the Office of the Chief Officer, Diu as well

as Mamlatdar, Diu for wide publicity and were uploaded on official website (http://diu.gov.in/).

EVALUATION OF SIA/ SIMP REPORT & REPORT OF THE LAND ACQUISITION

COLLECTOR:

Under sub-Section (1) of Section 7 of the Act, an Expert Committee with Multi-disciplinary

Expert Group of members for appraisal of Social Impact Assessment was constituted. The SIA Report

was evaluated and the recommendations as well as observation were provided. Based on the SIA

Report and recommendations of the Expert Committee, a detailed report stating the Public Purpose

and the necessity of acquiring the land along with Positive and Negative impact, dated 14-06-2021

was submitted by the Land Acquisition Collector as per the requirement of Section 8 of the Act.

PUBLICATION OF NOTIFICATION AND ISSUE OF NOTICES:

The Preliminary Notification No. 65-05-LAQ-2020-21/950 dated 08/07/2021 was notified

under section 11 of the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 that the land described in the schedule was needed for the

public purpose. Objections to the acquisition were invited from interested persons giving 60 days

opportunity from the date of the Publication. A report was received from Sub-Registrar, Diu regarding

assessment and determine the market rate of the land parcels that were going to be acquired as per

section 26 of the RFCTLARR Act, 2013.

Under Section 16 of the Act, no involuntary displacement is occurring due to proposed land

acquisitionas per the report received from Mamlatdar, Diu therefore, Rehabilitation and Resettlement

Scheme is not applicable and same was approved by the competent authority.

As per the requirement of sub section (2) of section 15 of the Act, the proposal Vide Report

No.65-05-LAQ/2020-21/1955 dated 22-11-2021 was submitted by the Land Acquisition Collector to

the Competent authority i.e. Hon’ble Administrator of Dadra & Nagar Haveli and Daman & Diu

seeking approval to proceed with acquisition process and the same was approved by the appropriate

Government i.e. Hon’ble Administrator of Dadra & Nagar Haveli and Daman & Diu.

Vide Declaration No. 65-05-LAQ/2020-21/2049 dated 06-12-2021, it was declared under the

provision under Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition

SERIES – II No. 04 THE GAZETTE OF DNH & DD

Page 3

Rehabilitation and Resettlement Act, 2013 that the said land was required for the public purpose

namely for development of Pensao Beira Mar into Heritage Hotel in Diu District.

In connection with acquisition of total land admeasuring 139.00 sq. mtrs. For development of

Pensao Beira Mar into Heritage Hotel in Diu District, the Administration of Diu intended to take

possession of the land, the particulars of which were given in the Notice u/s 21 of the Right to Fair

compensation & Transparency in Land Acquisition Rehabilitation and Resettlement (RFCTLARR)

Act, 2013.

To facilitate causation of the above requirements, public notice dated 08-12-2021 was served

under section 21 of the RFCTLARR Act, 2013 to all persons having interest in the said land to appear

personally or by agent or advocate before the Collector, Diu on 07/01/2022 at 4:00 p.m. and to state

in writing and signed by the party or his agent, the following:

a) The nature of their respective interest in their land;

b) The amount and particulars of their claims to compensation for such interests;

c) Their objection if any to the measurements made and marked on the referred area.

No objections were received from affected parties.

METHODOLOGY USED FOR DETERMINATION OF COMPENSATION



JOINT MEASUREMENT:

The Land Acquisition Collector, Diu had requested for joint measurement of the land through

the Surveyors. The joint measurement of land was carried out by surveyor along with official of the

Diu Smart city Limited, Diu.



OWNERSHIP:

Names of the persons whose land is under acquisition, as mentioned in the record of right

were ascertained from the revenue records and the same have been included in Award statement.



SITUATION AND DESCRIPTION OF THE LAND:

The land under acquisition is agriculture.

Lands are situated near Diu Municipal Council, Fort Road of Diu District shown specifically

in the map and plan displayed U/S 19.



LOCATION OF THE LAND:

The total acquired land admeasuring 139.00 Sq. Mtrs. situated near Diu Municipal Council,

Fort Road of Diu District.



MUTATION OF OCCUPANCT IN RESPECT OF THE SAID LAND BEING ACQUIRED:

The Enquiry Officer, City Survey, Diu shall ensure that the record of right and all the relevant

document relating to the ownership/occupancy of the said land are accordingly modified and show the

SERIES – II No. 04 THE GAZETTE OF DNH & DD

Page 4

transfer of the said land solely in the name of Government consequent to taking over possession of the

said land and the payment of the compensation to the concerned interested parties.



CORRECTION OF THE RECORD IN THE RECORD OF RIGHT:

The Enquiry Officer, City Survey, Diu is requested to carry out necessary mutation in the

Record of Right in the name of Government in respect of the land so acquired as per the enclosed

Award statement.



APPORTIONMENT:

Payment will be made according to the latest entries in the Revenue Record and as per

enquiry conducted u/s 23 (c). In case of any dispute, which is not settled within reasonable time, the

amount of compensation will be remitted to the Court under section 64 of the Right to fair

Compensation and Transparency in Land Acquisition Rehabilitation and resettlement Act, 2013 for

determination.



ENCUMBRANCES:

The land under acquisition should be free from all encumbrances and status has been

mentioned in the Award statement.



DETERMINATION OF SOLATIUM:

As per the provision of Section 30[1] the Right to fair Compensation and Transparency in

Land Acquisition Rehabilitation and Resettlement Act, 2013, 100% of the market value is awarded as

Solatium has been determined in the Award statement.



COMPENSATION OF LAND:

After considering the parameters provided in Section 27, 28, 29 of the Act, the compensation

of land is determined. The total amount of award worked out to be Rs. ₹7,43,600.00(Seven LakhForty

Three Thousand Six Hundred Only)

SUMMARY OF THE AWARD.

The award is summarized as under:-

Total Area of the Land Acquired from interested

persons of 139.00 Sq.mts.

₹3,47,500.00

Total Area of the Land Acquired Govt. land.

Nil

100% Solatium on market Value.

₹3,47,500.00

Additional amount @12% of 8 months and 07 days

on land value

₹28,600.00

Value of Trees & structures including 100%

Solatium

₹20,000.00

Total value of Award (A+B+C+D)

₹7,43,600.00

SERIES – II No. 04 THE GAZETTE OF DNH & DD

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The details of compensation of the land acquisition as per the Annexure – I, II & III are

enclosed herewith.

PAYMENT OF COMPENSATION TO INTERESTED PERSONS:

The interested parties are hereby informed that the payment of compensation shall start from

11.00 AM on 11/01/2022 at Land Section, Collectorate, Diu. All the interested persons who are

deemed lawfully entitled may receive compensation on submission of the below mentioned

documents:-

a) Original land documents.

b) Nil Encumbrance Certificate from Sub Registrar, Diu.

c) A copy of Bank Account Pass Book.

d) Pan Card/Aadhar Card for identification.

e) The claimant will have to produce latest property cards and site plan of the land.

POSSESSION OF THE LAND:

As per the requirement of Section 37(2) and 37(3), the Mamlatdar, Diu is directed to follow

the procedure of display of summary of acquisition proceeding on the official website and to circulate

it to all concerned authorities and paste it at conspicuous places.

The possession of land proposed for development of Pensao Beira Mar into Heritage Hotel in

Diu District shall be taken after compliance of section 38 by the Mamlatdar, Diu immediately and

shall be handed over to the requiring Department i.e. Chief Executive Officer, Diu Smart City Ltd.,

Diu.

Place: Diu

Dated: 10/01/2022

Sd/–

(Saloni Rai, IAS)

Land Acquisition Collector, Diu

SERIES – II No. 04 THE GAZETTE OF DNH & DD

Page 6

FORM- VI

[See rule 11]

Land Acquisition Award

Land Acquisition Case No.65-05-LAQ/2020-21/2430

Name of the Project -

land Acquisition for development of Pensao Beira Mar

into Heritage Hotel in Diu District

Number and date of declaration

under which the land is to be

acquired

No.65-05-LAQ/2020-21/2049

Dated: 06/12/2021

Situation and extend of the land in

hectares, the number of field plots

on the survey map, the village on

which situated with the number of

mile plan if any.

Near Diu Municipal Council, Fort Road of Diu District

Description of the land i.e.

whether follow, cultivated,

homestead, etc. if cultivated, how

cultivated? Sources of irrigation

Agriculture Land

Number of Persons interested in

the land

Amount allowed for the land itself,

without trees, building etc. if any

₹7,23,600.00

Basis of calculation

As per Section 26,28,29 and 30 of the Right to Fair

Compensation

Transparency

Land

Acquisition

Rehabilitation And Resettlement Act, 2013

Amount allowed for trees, houses

or any other immovable property

₹20,000.00

Amount allowed for crop

-Nil-

10.

Solatium u/s 30(1)

100%

11.

Total of Amounts

₹7,43,600.00

12.

Apportionment of the amount of

compensation

Provided in Annexure I,II & III

13.

Total Area (in Sq. Mtrs.)

139.00.00

14.

Possession will be taken u/s 38(1)

and 40 (1) of Act 30 of 2013

Immediately after the date of Declaration of Award

Dated:10/01/2022

Sd/–

(Saloni Rai, IAS)

Land Acquisition Collector, Diu

SERIES – II No. 04 THE GAZETTE OF DNH & DD

Page 7

Annexure – I

Details of Compensation for Land Acquisition for development of Pensao Beira Mar into Heritage Hotel in Diu District

Sr. No.

Name of persons in

property card

P.T.S. No.

Class of land

Area of land

acquired in

(Sq. Mtrs.)

Market Rate @

Rs. 2500/- for

Agriculture land (Per

Sq. Mtrs)

Multiplication Factor

Solatium

100% on

Multiplication value

of land

Additional amount

@12% of 8 months

and 7 days

Total compensation

on land

1. Mr. Anverali Nurudin Jiwani

PTS-85/6

Agriculture

60.00

1,50,000.00

12,345.00

3,12,345.00

2. Mr. Nurullah Nurudin Jiwani

PTS-85/18

Agriculture

79.00

1,97,500.00

16,255.00

4,11,255.00

Total:

139.00

3,47,500.00

28,600.00

7,23,600.00

Place: Diu

Dated: 10/01/2022

Sd/–

(Saloni Rai, IAS)

Land Acquisition Collector,

Diu

SERIES – II No. 04 THE GAZETTE OF DNH & DD

Page 8

Annexure – II

Details of Compensation of Assets for Land Acquisition for development of Pensao Beira Mar into Heritage Hotel in Diu District

Sr.

No.

Name of persons in

property card

PTS No.

Type of

trees

No. of

trees

Rate

Total

Structures

(Residential/

Commercial)

Compensation of

Structures

(Residential/

Commercial)

Compensation

of trees

Solatium

100%

Grand

Total

Mr. Anverali Nurudin

Jiwani

PTS-85/6

Neem

2,500

2,500 Not applicable

0.00

2,500

5,000

Mr. Nurullah Nurudin

Jiwani

PTS-85/18

Coconut

BelPatra

5,000

2,500

5,000

2,500

Not applicable

0.00

5,000

2,500

10,000

5,000

Total

10,000

0.00

10,000

20,000

Place: Diu

Dated: 10/01/2022

Sd/–

(Saloni Rai, IAS)

Land Acquisition Collector,

Diu

SERIES – II No. 04 THE GAZETTE OF DNH & DD

Page 9

Annexure – III

Details of total compensation for Land Acquisition for development of Pensao Beira Mar into Heritage Hotel in Diu District

Sr.

No.

Name of persons in

property card

PTS No.

Area in Sq.

Mtrs.

Total

Compensation of

land

Total

Compensation of

Assets

Grand Total

Mr. Anverali Nurudin Jiwani

PTS-85/6

60.00

3,12,345.00

5,000.00

3,17,345.00

Mr. Nurullah Nurudin Jiwani PTS-85/18

79.00

4,11,255.00

15,000.00

4,26,255.00

Total

139.00

7,23,600.00

20,000.00

7,43,600.00

Place: Diu

Dated: 10/01/2022

Sd/–

(Saloni Rai, IAS)

Land Acquisition Collector,

Diu

***

Published by : e-gazette, Department of Planning & Statistics, DNH & DD.