भारत सरकार / Government of India
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 प्रकाशित / PUBLISHED BY AUHTORITY
Daman 23rd September, 2022 1 Asvina, 1944 (Saka) No. : 32
U.T. ADMINISTRATION OF DADRA & NAGAR HAVELI AND
DAMAN & DIU.
OFFICE OF THE COLLECTOR, DHOLAR, MOTI DAMAN
AWARD UNDER SECTION 23 OF THE RIGHT TO FAIR
Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013.
CASE No.
: No.3/74/2019/LND-ACQ/2019-20/982
NAME OF THE VILLAGE : KATHIRIA AND MARWAD, NANI DAMAN.
NATURE OF THE ACQUISITION : PERMANENT
TALUKA
: DAMAN
DISTRICT
: DAMAN
PURPOSE OF ACQUISITION :ACQUISITION OF LAND FOR SEA FRONT ROAD AND BEAUTIFICATION OF DEVKA BEACH NANI DAMAN AT THREE LOCATION VIZ. (1) AT JUPITER DISTILLERY, VILLAGE KATHIRIA (2) OPP. CHAMPION BAR, VILLAGE MARWAD AND (3) NEAR MOTI MATA MANDIR, VILLAGE MARWAD AT NANI DAMAN
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 the purpose of Sea Front Road and beautification of Devka Beach Nani Daman at three location Viz. (1) at Jupiter Distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani DamanThe land acquisition proceedings were initiated with the publication of PreliminarySERIES – II No. 32 THE GAZETTE OF DNH & DD Page 2 Notification under section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The Executive Engineer, Public Works Department, WD-I, Daman had submitted a land acquisition proposal for Sea Front Road and beautification of Devka Beach Nani Daman at three location Viz. (1) at Jupiter Distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman vide diary dated 30/09/2019.
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, Notification No.3/74/2019/LND- ACQ/2019-20/2719 dated 30/10/2019 was published. The Public Hearing conducted on 05/03/2020 at 04:30 PM at Conference Hall, Collectorate, Dholar, SIA report was submitted to the Deputy Secretary (Revenue) and copies were circulated to the office of the Collector, Daman and Office of the Chief Executive Officer, District Panchayat, Daman, published and elsewhere for wide publicity and uploaded on website.
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 an independent multidisciplinary Expert Group of members for appraisal of Social Impact Assessment was constituted. The SIA/SIMP Report was evaluated and the recommendations as well as observations 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 impacts, dated 06/11/2020, 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. 3/74/2019/LND-ACQ/2019-20/8382 dated 06/11/2020 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. Objection to the acquisition were invited from interested persons giving 60 days opportunity from the date of the Publication. A committee was also formed to assess and determine the Market Rate of the land parcels that were going to be acquired.
Under Section 16 of the Act, the Report dated 16/03/2021 of Administrator for Rehabilitation and Resettlement Scheme was submitted to the Commissioner for Rehabilitation and Resettlement stated that affected families may not need relocation and resettlement since they are not being entirely displaced from their residential houses/commercial land. Some recommendations regarding providing repairs and reconstruction permission in a fast-track manner on as-is where-is basis, were accepted by the Competent Authority.
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 3After concluding the personal hearing of all the interested persons as per the requirement of sub section (2) of section 15 of the Act, the proposal Vide Report No. 3/74/2019/LND-ACQ/2019- 20/1755 dated 23/04/2021 was submitted by the Land Acquisition Collector to the Government Authority i.e. 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. Administrator of Dadra & Nagar Haveli and Daman & Diu.
Vide Declaration No. 3/74/2019/LND-ACQ/2019-20/1756 dated 23/04/2021, it was declared under the provision under Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 that the said lands were required for the public purpose namely, Acquisition of land for Sea Front Road and beautification of Devka Beach Nani Daman at three location Viz. (1) at Jupiter Distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman.
In connection with acquisition of total land admeasuring 492.00 Sq. Mtrs. for Acquisition of land for Sea Front Road and beautification of Devka Beach Nani Daman at three location Viz. (1) at Jupiter Distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman, the Administration of Daman intended to take possession of the land, the particulars of which were given in the declaration u/s 19(1) 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 was served dated 02/06/2021 under section 21 of the RFCTLARR Act, 2013 that all persons having interest in the said land to appear personally or by agent or advocate before the Collector, Daman on 08/07/2021 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.
All the interested persons who had raised claims and objections were accorded personal hearing on 08/07/2021 at 11.00 a.m.
Mostly objection/representations were received in terms of correction of names, adequate compensation, interest amount, solatium and damages, types of structures etc. These objections representations were considered. After taking necessary steps for re-verification of area, compensation or assets Trees, correction in Records, etc. this award is passed.
METHODOLOGY USED FOR DETERMINATION OF COMPENSATION
• JOINT MEASUREMENT
The Land Acquisition Collector, Daman had requested for joint measurement of the land through the Surveyors. The joint measurement of land was carried out by surveyor along withSERIES – II No. 32 THE GAZETTE OF DNH & DD Page 4 officials of the Executive Engineer, P.W.D., WD-I, Daman and the latest report was received on 30/09/2019.
• OWNERSHIP:
Names of the persons whose land is under acquisition, standing in the record of rights were ascertained from the revenue records and the same are shown in Award statement and after considering the claims received pursuant the notice u/s. 21. No other person except shown in the Award statement has claimed ownership or claim of compensation with regard to their land under acquisition and compensation thereof.
• SITUATION AND DESCRIPTION OF THE LAND:
The Land under acquisition is agriculture land.
Land situated at Nani Daman along with the Nani Daman Road for Sea Front Road and beautification of Devka Beach Nani Daman at three location Viz. (1) at Jupiter Distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman as shown specifically in the MAP and Plan displayed u/s. 19.
• LOCATION OF THE LAND:
The total acquired land admeasuring 492.00 Sq. Mtrs Situated at Nani Daman.
• MUTATION OF OCCUPANCY IN RESPECT OF THE SAID LAND BEING
ACQUIRED:
The Mamlatdar, Daman and Enquiry Officer, City Survey, Daman shall ensure that the record of right and all the relevant documents relating to the ownership/ Occupancy of the said land are accordingly modified and show the 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 RIGHTS:
The Mamlatdar, Daman is requested to carry out necessary mutation in the Record of Rights 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 the 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.
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 5• ENCUMBRANCES:
The land under acquisition is free from all encumbrances and it has been mentioned in the Award statement.
• DETERMINATION OF COMPENSATION:
As per the provision of Section 30[1] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, 100% of the market value is awarded as Solatium as 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 workout to be Rs. 29,07,941/- (Rupees twenty nine lakhs seven thousand nine hundred forty one only).
SUMMARY OF THE AWARD.
The award is summarized as under:-
| A | Total Area of the Land Acquired from interested persons of 492.00 Sq. Mts. | Rs. 6,54,936.00 |
| Total Area of the Land Acquired from the Government of 00.00 Sq. Mtrs | -Nil- | |
| B | 100% Solatium on market Value. | Rs. 6,54,936.00 |
| C | Additional Amount @ 12% Interest for 1 year & 9 month | Rs. 79,081.00 |
| D | Value of Structures & Trees including 100% Solatium. | Rs. 15,18,988.00 |
| E | Total value of Award (A+B+C+D) | Rs. 29,07,941.00 |
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 ____/____/2021 at Conference Hall, Collectorate, Dholar, Moti Daman. 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, Daman.
c) Receipt of Payment of land revenue till date, if any,
d) In case of N.A. land, the claimant has to be produced the N.A. order & Sanad.
e) A copy of Bank Account Pass Book.
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 6f) PAN Card/Aadhaar Card for identification.
g) The claimant will have to produce latest I & XIV abstract Nakal of the land.
POSSESSION OF THE LAND:
As per the requirement of Section 37(2) and 37(3), the Mamlatdar is directed to follow the procedure of display of summary of acquisition proceedings on the official website and to circulate it to all concerned authorities and paste it at conspicuous places.
The possession of land proposed for Acquisition of land for Sea Front Road and beautification of Devka Beach Nani Daman at three location Viz. (1) at Jupiter Distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman shall be taken after compliance of Section 38 by the by Mamlatdar, Daman immediately and shall be handed over to the requiring Department.
Place : DAMAN. Dated: 15/02/2022
Sd/–
Land Acquisition Collector,
Daman.
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 7| ANNEXURE – I-A | |||||||||
| Details Compensation of Acquisition of lands for Roads connecting to proposed Sea Front Road and Beautification of Devka Beach Nani Daman at three locations viz. (1) at Jupiter distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman | |||||||||
| Sr. No. | Survey No. | Area of land acquisitio n in (Sq.Mtrs.) | Name of persons believed to be having interest | Class of land | Market value @ 100 Sq.Mtrs. for Kathiria , Nani Daman Rs. 91,800/- (Agrl./Jarayat Land) | Multiplicatio n Factor 1 | Solatium 100% on Multiplicatio n value of land | Additional Amount 12% of 1 year 9 months | Total compensation on land |
| ( 7+8+9=10 ) | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 1 | 3-A | 35 | M/s Jupiter Distillery | Agri. | 32130.00 | 32130.00 | 32130.00 | 6747.00 | 71007.00 |
| 2 | 5 | 32 | Dhaniben Ranchodbhai | Agri. | 29376.00 | 29376.00 | 29376.00 | 6169.00 | 64921.00 |
| 3 | 6/1 | 40 | Kharavad Sunnat Jamat, Kharivadi Sunnat Jamat, Jhapabar Sunnat Jamat, Ghanchivad Sunnat Jamat, Daudi Sunnat Jamat, Ismaliya Khoja Jamat | Agri. | 36720.00 | 36720.00 | 36720.00 | 7711.00 | 81151.00 |
| 107 | Total | 98226.00 | 98226.00 | 98226.00 | 20627.00 | 217079.00 |
Sd/–
भूमम अजजन समाहताज, दमण
Land Acquisition Collector, Daman
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 8| ANNEXURE - II-A | ||||||||||||
| Details compensation of TREES & Structures for Acquisition of lands for Roads connecting to proposed Sea Front Road and Beautification of Devka Beach Nani Daman at three locations viz. (1) at Jupiter distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman | ||||||||||||
| Sr. No. | Survey No. | Name of persons believed to be having interest | Type of trees | No. of Trees | Rate | Total | Type of structure | Total Compensation of stucture | Compensation of Trees | Total Compensation | Solatium 100% | Total Compensation |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |||
| 1 | 3-A | M/s Jupiter Distillery | 0.00 | 0.00 | 0.00 | 0.00 | Compound Wall | 17769.00 | 0.00 | 17769.00 | 17769.00 | 35538.00 |
| 2 | 5 | Dhaniben Ranchodbhai | Coconut | 5.00 | 30000.00 | 150000.00 | Wire Fencing | 5936.00 | 150000.00 | 155936.00 | 155936.00 | 311872.00 |
| 3 | 6/1 | Kharavad Sunnat Jamat, Kharivadi Sunnat Jamat, Jhapabar Sunnat Jamat, Ghanchivad Sunnat Jamat, Daudi Sunnat Jamat, Ismaliya Khoja Jamat | 0.00 | 0.00 | 0.00 | 0.00 | Compound Wall | 21622.00 | 0.00 | 21622.00 | 21622.00 | 43244.00 |
| Total | 195327.00 | 195327.00 | 390654.00 |
Sd/–
भूमम अजजन समाहताज, दमण
Land Acquisition Collector, Daman
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 9| ANNEXURE - III-A | ||||||
| Details Compensation of Acquisition of lands for Roads connecting to proposed Sea Front Road and Beautification of Devka Beach Nani Daman at three locations viz. (1) at Jupiter distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman | ||||||
| Sr. No. Name of persons believed to be having interest | Survey No. | Area of land acquisition in (Sq.Mtrs.) | Land Value | Assets Value | Total | |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 1 | M/s Jupiter Distillery | 3-A | 35 | 71007.00 | 35538.00 | 106545.00 |
| 2 | Dhaniben Ranchodbhai | 5 | 32 | 64921.00 | 311872.00 | 376793.00 |
| 3 | Kharavad Sunnat Jamat, Kharivadi Sunnat Jamat, Jhapabar Sunnat Jamat, Ghanchivad Sunnat Jamat, Daudi Sunnat Jamat, Ismaliya Khoja Jamat | 6/1 | 40 | 81151.00 | 43244.00 | 124395.00 |
| Total | 217079.00 | 390654.00 | 607733.00 |
Sd/–
भूमम अजजन समाहताज, दमण
Land Acquisition Collector, Daman
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 10| ANNEXURE – I-B | |||||||||
| Details Compensation of Acquisition of lands for Roads connecting to proposed Sea Front Road and Beautification of Devka Beach Nani Daman at three locations viz. (1) at Jupiter distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman | |||||||||
| Sr. No. | Survey No. | Area of land acquisition in (Sq.Mtrs.) | Name of persons believed to be having interest | Class of land | Market value @ 100 Sq.Mtrs. for village Marwad, Nani Daman Rs. 72,300/-(Agrl./Jarayat Land) | Multiplication Factor 2 | Solatium 100% on Multiplication value of land | Additional Amount 12% of 1 year 9 months | Total compensation on land |
| ( 7+8+9=10 ) | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 1 | 2/1-H | 52 | Savitaben Balu, Nitin Balu, Hemant Balu | Agri. | 37596.00 | 75192.00 | 75192.00 | 7895.00 | 158279.00 |
| 2 | 9/6 | 30 | Jagu Chhibad | Agri. | 21690.00 | 43380.00 | 43380.00 | 4555.00 | 91315.00 |
| 3 | 9/5 | 23 | Narendra Narsai, Dilip Narsai, Dharmendra Narsai | Agri. | 16629.00 | 33258.00 | 33258.00 | 3492.00 | 70008.00 |
| 4 | 9/1 | 80 | Narendra Narsai, Dilip Narsai, Dharmendra Narsai | Agri. | 57840.00 | 115680.00 | 115680.00 | 12146.00 | 243506.00 |
| 5 | 1/B | 200 | Ashok Harakhchand Shah | Agri. | 144600.00 | 289200.00 | 289200.00 | 30366.00 | 608766.00 |
| 385 | Total | 278355.00 | 556710.00 | 556710.00 | 58454.00 | 1171874.00 |
Sd/–
भूमम अजजन समाहताज, दमण
Land Acquisition Collector, Daman
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 11| ANNEXURE - II-B | ||||||||||||
| Details compensation of TREES & Structures for Acquisition of lands for Roads connecting to proposed Sea Front Road and Beautification of Devka Beach Nani Daman at three locations viz. (1) at Jupiter distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman | ||||||||||||
| Sr. No. | Survey No. | Name of persons believed to be having interest | Type of trees | No. of Trees | Rate | Total | Type of structure | Total Compensation of stucture | Compensation of Trees | Total Compensation | Solatium 100% | Total Compensation |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |||
| 1 | 2/1-H | Savitaben Balu, Nitin Balu, Hemant Balu | Mango | 1.00 | 15000.00 | 15000.00 | Shop Toilet Borewell | 110636.00 | 19000.00 | 129636.00 | 129636.00 | 259272.00 |
| Bhindi | 5.00 | 500.00 | 2500.00 | |||||||||
| Jungli | 3.00 | 500.00 | 1500.00 | |||||||||
| 2 | 9/6 | Jagu Chhibad | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| 3 | 9/5 | Narendra Narsai, Dilip Narsai, Dharmendra Narsai | 0.00 | 0.00 | 0.00 | 0.00 | Structure (G+1) | 367925.00 | 0.00 | 367925.00 | 367925.00 | 735850.00 |
| 4 | 9/1 | Narendra Narsai, Dilip Narsai, Dharmendra Narsai | Bhindi | 1.00 | 500.00 | 500.00 | 0.00 | 0.00 | 500.00 | 500.00 | 500.00 | 1000.00 |
| 5 | 1/B | Ashok Harakhchand Shah | 0.00 | 0.00 | 0.00 | 0.00 | Compound Wall | 66106.00 | 0.00 | 66106.00 | 66106.00 | 132212.00 |
| Total | 564167.00 | 564167.00 | 1128334.00 |
Sd/–
भूमम अजजन समाहताज, दमण
Land Acquisition Collector, Daman
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 12| ANNEXURE - III-B | ||||||
| Details Compensation of Acquisition of lands for Roads connecting to proposed Sea Front Road and Beautification of Devka Beach Nani Daman at three locations viz. (1) at Jupiter distillery, Village Kathiria (2) Opp. Champion Bar, Village Marwad and (3) Near Moti Mata Mandir, Village Marwad at Nani Daman | ||||||
| Sr. No. | Name of persons believed to be having interest | Survey No. | Area of land acquisition in (Sq.Mtrs.) | Land Value | Assets Value | Total |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 1 | Savitaben Balu, Nitin Balu, Hemant Balu | 2/1-H | 52 | 158279.00 | 259272.00 | 417551.00 |
| 2 | Jagu Chhibad | 9/6 | 30 | 91315.00 | - | 91315.00 |
| 3 | Narendra Narsai, Dilip Narsai, Dharmendra Narsai | 9/5 | 23 | 70008.00 | 735850.00 | 805858.00 |
| 4 | Narendra Narsai, Dilip Narsai, Dharmendra Narsai | 9/1 | 80 | 243506.00 | 1000.00 | 244506.00 |
| 5 | Ashok Harakhchand Shah | 1/B | 200 | 608766.00 | 132212.00 | 740978.00 |
| Total | 1171874.00 | 1128334.00 | 2300208.00 |
Sd/–
भूमम अजजन समाहताज, दमण
Land Acquisition Collector, Daman
***
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 13U.T. ADMINISTRATION OF DADRA & NAGAR HAVELI AND
DAMAN & DIU.
OFFICE OF THE COLLECTOR, DHOLAR, MOTI DAMAN
AWARD UNDER SECTION 23 OF THE RIGHT TO FAIR
Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013.
CASE No.
: No.3/59/2019/LND-ACQ/2018-2019/2161
NAME OF THE VILLAGE : NANI DAMAN.
NATURE OF THE ACQUISITION : PERMANENT
TALUKA
: DAMAN
DISTRICT
: DAMAN
PURPOSE OF ACQUISITION : ACQUISITION OF LAND FROM SHAMSAN BHUMI
TO CHHAPLI SHERI, NANI DAMAN (21.00 MTRS
WIDE) FOR DEVELOPMENT OF SEA FRONT ROAD
AND BEAUTIFICATION OF DEVKA BEACH, NANI
DAMAN.
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 the purpose of Acquisition of Land from Shamsan Bhumi to Chhapli Sheri, Nani Daman (21.00 Mtrs Wide) for Development of Sea Front Road and Beautification of Devka Beach, Nani Daman. 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.
The Executive Engineer, Public Works Department, WD-I, Daman had submitted a land acquisition proposal for Acquisition of Land from Shamsan Bhumi to Chhapli Sheri, Nani Daman (21.00 Mtrs Wide) for Development of Sea Front Road and Beautification of Devka Beach, Nani Daman vide diary dated 23.03.2020.
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, Notification No.3/59/2019/LND- ACQ/2018-2019/4704 dated 17/06/2020 was published. The Public Hearing conducted on 18.10.2020 at 11:30 AM at Conference Hall, Collectorate, Dholar, SIA report was submitted to the Deputy Secretary (Revenue) and copies were circulated to the office of the Collector, Daman and Office of the Daman Municipal Council, Daman published and elsewhere for wide publicity and uploaded on website.
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 14EVALUATION OF SIA/ SIMP REPORT & REPORT OF THE LAND ACQUISITION
COLLECTOR:
Under Sub-Section (1) of Section 7 of the Act, an expert committee with an independent multidisciplinary Expert Group of members for appraisal of Social Impact Assessment was constituted. The SIA/SIMP Report was evaluated and the recommendations as well as observations 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 impacts, dated 05/02/2021, 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.3/59/2019/LND-ACQ/2018-2019/496 dated 05/02/2021 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. Objection to the acquisition were invited from interested persons giving 60 days opportunity from the date of the Publication. A committee was also formed to assess and determine the Market Rate of the land parcels that were going to be acquired.
Under Section 16 of the Act, the Report dated 08/09/2021 of Administrator for Rehabilitation and Resettlement Scheme was submitted to the Commissioner for Rehabilitation and Resettlement stated that affected families may not need relocation and resettlement since they are not being entirely displaced from their residential houses/commercial land. Some recommendations regarding providing repairs and reconstruction permission in a fast-track manner on as-is where-is basis, were accepted by the Competent Authority.
After concluding the personal hearing of all the interested persons as per the requirement of sub section (2) of section 15 of the Act, the proposal Vide Report No. No.3/59/2019/LND-ACQ/2018- 2019/5470 dated 19/11/2021 was submitted by the Land Acquisition Collector to the Government Authority i.e. 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. Administrator of Dadra & Nagar Haveli and Daman & Diu.
Vide Declaration No. No.3/59/2019/LND-ACQ/2018-2019/5469 dated 19/11/2021, it was declared under the provision under Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 that the said lands were required for the public purpose namely, Acquisition of Land from Shamsan Bhumi to Chhapli Sheri, Nani Daman (21.00 Mtrs Wide) for Development of Sea Front Road and Beautification of Devka Beach, Nani Daman.
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 15In connection with acquisition of total land admeasuring 490.00 Sq. Mtrs. for Acquisition of Land from Shamsan Bhumi to Chhapli Sheri, Nani Daman (21.00 Mtrs Wide) for Development of Sea Front Road and Beautification of Devka Beach, Nani Daman, the Administration of Daman intended to take possession of the land, the particulars of which were given in the declaration u/s 19(1) 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 was served dated 31/01/2022 under section 21 of the RFCTLARR Act, 2013 that all persons having interest in the said land to appear personally or by agent or advocate before the Collector, Daman on 07/03/2022 at 11:00 AM 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.
All the interested persons who had raised claims and objections were accorded personal hearing on 07/03/2022 at 11.00 a.m.
Mostly objection/representations were received in terms of correction of names, adequate compensation, interest amount, solatium and damages, types of structures etc. These objections representations were considered. After taking necessary steps for re-verification of area, compensation or assets Trees, correction in Records, etc. this award is passed.
METHODOLOGY USED FOR DETERMINATION OF COMPENSATION
• JOINT MEASUREMENT
The Land Acquisition Collector, Daman had requested for joint measurement of the land through the Surveyors. The joint measurement of land was carried out by surveyor along with officials of the Executive Engineer, P.W.D. WD-I, Daman and the latest report was received on 22.03.2022.
• OWNERSHIP:
Names of the persons whose land is under acquisition, standing in the record of rights were ascertained from the revenue records and the same are shown in Award statement and after considering the claims received pursuant the notice u/s. 21. No other person except shown in the Award statement has claimed ownership or claim of compensation with regard to their land under acquisition and compensation thereof.
• SITUATION AND DESCRIPTION OF THE LAND:
The Land under acquisition is agriculture land.
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 16Land situated at Nani Daman along with the Nani Daman Road for Acquisition of Land from Shamsan Bhumi to Chhapli Sheri, Nani Daman (21.00 Mtrs Wide) for Development of Sea Front Road and Beautification of Devka Beach, Nani Daman as shown specifically in the MAP and Plan displayed u/s. 19.
• LOCATION OF THE LAND:
The total acquired land admeasuring 490.00 Sq. Mtrs Situated at Nani Daman.
• MUTATION OF OCCUPANCY IN RESPECT OF THE SAID LAND BEING
ACQUIRED:
The Mamlatdar, Daman and Enquiry Officer, City Survey, Daman shall ensure that the record of right and all the relevant documents relating to the ownership/ Occupancy of the said land are accordingly modified and show the 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 RIGHTS:
The Mamlatdar, Daman is requested to carry out necessary mutation in the Record of Rights 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 the 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 is free from all encumbrances and it has been mentioned in the Award statement.
• DETERMINATION OF COMPENSATION:
As per the provision of Section 30[1] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, 100% of the market value is awarded as Solatium as 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 workout to be Rs.41,23,174.00 /- (Rupees forty one lakhs twenty three thousand one hundred seventy four only).
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 17SUMMARY OF THE AWARD.
The award is summarized as under:-
| A | Total Area of the Land Acquired from interested persons of 490.00 Sq. Mts. | Rs. 13,02,910.00 |
| Total Area of the Land Acquired from the Government of 00.00 Sq. Mtrs | -Nil- | |
| B | 100% Solatium on market Value. | Rs. 13,02,910.00 |
| C | Additional Amount @ 12% Interest for 1 year, 8 months, 14 days | Rs. 2,67,358.00 |
| D | Value of Structures & Trees including 100% Solatium. | Rs. 12,49,996.00 |
| E | Total value of Award (A+B+C+D) | Rs. 41,23,174.00 |
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 08/09/2022 at Conference Hall, Collectorate, Dholar, Moti Daman. 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, Daman.
c) Receipt of Payment of land revenue till date, if any,
d) In case of N.A. land, the claimant has to be produced the N.A. order & Sanad.
e) A copy of Bank Account Pass Book.
f) PAN Card/Aadhaar Card for identification.
g) The claimant will have to produce latest I & XIV abstract Nakal of the land.
POSSESSION OF THE LAND:
As per the requirement of Section 37(2) and 37(3), the Mamlatdar is directed to follow the procedure of display of summary of acquisition proceedings on the official website and to circulate it to all concerned authorities and paste it at conspicuous places.
The possession of land proposed of Acquisition of Land from Shamsan Bhumi to Chhapli Sheri, Nani Daman (21.00 Mtrs Wide) for Development of Sea Front Road and Beautification of Devka Beach, Nani Daman shall be taken after compliance of Section 38 by the by Mamlatdar, Daman immediately and shall be handed over to the requiring Department.
Place : DAMAN. Dated: 15/02/2022
Sd/–
Land Acquisition Collector,
Daman.
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 18| ANNEXURE – I | |||||||||
| Details compensation of land for Revised Acquisition of land from Shamsan Bhumi to Chhapli Sheri Nani Daman (21.00 Mtrs. wide) for Development of Sea Front Road and Beautification of Devka Beach, Nani Daman. | |||||||||
| Sr. No. | P.T.S No. Sub–Div No./ Chalta No. | Area of land acquisition in (Sq.Mtrs.) | Name of persons believed to be having interest | Class of land | Market value @ 100 Sq.Mtrs. for Nani Daman Rs.265900/- N.A. Land | Multiplication Factor 1 | Solatium 100% on Multiplication value of land | additional Amout @ 12% of 1 year, 8 months, 14 days | Total compensation on land ( 7+8+9 = 10) |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| 1 | 21/28-C | 16.00 | Smt. Vijiyaben Premabhai Tandel Shri Manish Premabhai Tandel Shri Girish Premabhai Tandel | N.A. | 42544.00 | 42544.00 | 42544.00 | 8730.00 | 93818.00 |
| 2 | 21/42-A | 16.00 | Shri Vishnubhai Harjibhai Gona Shri Sanjay Haribhai Tandel | N.A. | 42544.00 | 42544.00 | 42544.00 | 8730.00 | 93818.00 |
| 3 | 21/42-B | 42.00 | Ramanbhai Haribhai Tandel | N.A. | 111678.00 | 111678.00 | 111678.00 | 22916.00 | 246272.00 |
| 4 | 22/34-A | 9.00 | Shri Kanjibhai Keshavbhai Tandel | N.A. | 23931.00 | 23931.00 | 23931.00 | 4911.00 | 52773.00 |
| 5 | 31/32-B | 108.00 | Smt. Paliben Fakirbhai Tandel | N.A. | 287172.00 | 287172.00 | 287172.00 | 58928.00 | 633272.00 |
| 6 | 31/33-A | 127.00 | Rucmani Bula, Vijay Mita, Naresh Mita, Yogesh Mita | N.A. | 337693.00 | 337693.00 | 337693.00 | 69295.00 | 744681.00 |
| 7 | 31/33-B | 68.00 | Shri Kalan Jogi Tandel | N.A. | 180812.00 | 180812.00 | 180812.00 | 37103.00 | 398727.00 |
| 8 | 46/6 | 104.00 | Shree Bathi Sheri Machhi Samaj Daman | N.A. | 276536.00 | 276536.00 | 276536.00 | 56745.00 | 609817.00 |
| 490.00 | Total | 1302910.00 | 1302910.00 | 1302910.00 | 267358.00 | 2873178.00 |
Sd/–
भूमम अजजन समाहताज, दमण
Land Acquisition Collector, Daman
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 19| ANNEXURE - II | ||||||||||||
| Details compensation of Structure & Tree for Revised Acquisition of land from Shamsan Bhumi to Chhapli Sheri Nani Daman (21.00 Mtrs. wide) for Development of Sea Front Road and Beautification of Devka Beach, Nani Daman | ||||||||||||
| Sr. No. | Survey No. Sub–Div No./ Chalta No. | Name of persons believed to be having interest | Type of trees | No. of Trees | Rate | Total | Type of structure | Total Compensation of structure | Compensation of Trees | Total Compensation | Solatium 100% | Total Compensation |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 |
| 1 | 21/28-C | Smt. Vijiyaben Premabhai Tandel Shri Manish Premabhai Tandel Shri Girish Premabhai Tandel | - | - | - | - | - | - | - | 0.00 | 0.00 | 0.00 |
| 2 | 21/42-A | Shri Vishnubhai Harjibhai Gona Shri Sanjay Haribhai Tandel | - | - | - | - | Godown | 125472.00 | - | 125472.00 | 125472.00 | 250944.00 |
| 3 | 21/42-B | Ramanbhai Haribhai Tandel | - | - | - | - | Godown | 100360.00 | - | 100360.00 | 100360.00 | 200720.00 |
| 4 | 22/34-A | Shri Kanjibhai Keshavbhai Tandel | - | - | - | - | Godown | 42706.00 | - | 42706.00 | 42706.00 | 85412.00 |
| 5 | 31/32-B | Smt. Paliben Fakirbhai Tandel | - | - | - | - | House (GF) & Toilet Block | 214746.00 | - | 214746.00 | 214746.00 | 429492.00 |
| 6 | 31/33-A | Rucmani Bula, Vijay Mita, Naresh Mita, Yogesh Mita | - | - | - | - | - | - | - | 0.00 | 0.00 | 0.00 |
| 7 | 31/33-B | Shri Kalan Jogi Tandel | - | - | - | - | - | - | - | 0.00 | 0.00 | 0.00 |
| 8 | 46/6 | Shree Bathi Sheri Machhi Samaj Daman | - | - | - | - | House & Shed | 141714.00 | - | 141714.00 | 141714.00 | 283428.00 |
| Total | 624998.00 | - | 624998.00 | 624998.00 | 1249996.00 |
Sd/–
भूमम अजजन समाहताज, दमण
Land Acquisition Collector, Daman
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 21| ANNEXURE - III | ||||||
| Details compensation of land for Revised Acquisition of land from Shamsan Bhumi to Chhapli Sheri Nani Daman (21.00 Mtrs. wide) for Development of Sea Front Road and Beautification of Devka Beach, Nani Daman | ||||||
| Sr. No. | Name of persons believed to be having interest | Survey No. Sub–Div No./ Chalta No. | Area of land acquisition in (Sq.Mtrs.) | Land Value | Assets Value | Total |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| 1 | Smt. Vijiyaben Premabhai Tandel Shri Manish Premabhai Tandel Shri Girish Premabhai Tandel | 21/28-C | 16.00 | 93818.00 | 0.00 | 93818.00 |
| 2 | Shri Vishnubhai Harjibhai Gona Shri Sanjay Haribhai Tandel | 21/42-A | 16.00 | 93818.00 | 250944.00 | 344762.00 |
| 3 | Ramanbhai Haribhai Tandel | 21/42-B | 42.00 | 246272.00 | 200720.00 | 446992.00 |
| 4 | Shri Kanjibhai Keshavbhai Tandel | 22/34-A | 9.00 | 52773.00 | 85412.00 | 138185.00 |
| 5 | Smt. Paliben Fakirbhai Tandel | 31/32-B | 108.00 | 633272.00 | 429492.00 | 1062764.00 |
| 6 | Rucmani Bula, Vijay Mita, Naresh Mita, Yogesh Mita | 31/33-A | 127.00 | 744681.00 | 0.00 | 744681.00 |
| 7 | Shri Kalan Jogi Tandel | 31/33-B | 68.00 | 398727.00 | 0.00 | 398727.00 |
| 8 | Shree Bathi Sheri Machhi Samaj Daman | 46/6 | 104.00 | 609817.00 | 283428.00 | 893245.00 |
| Total | 490.00 | 2873178.00 | 1249996.00 | 4123174.00 |
Sd/–
भूमम अजजन समाहताज, दमण
Land Acquisition Collector, Daman
***
SERIES – II No. 32 THE GAZETTE OF DNH & DD Page 22U.T. Administration of DNH and Daman & Diu,
Office of the Director-cum-Joint Secretary (F & CS),
Secretariat, Daman-396210
No. 3/07/COL/DMN/Cons. Forum/2019-20/238 Date: 29/08/2022
O R D E R
CONSUMER PROTECTION ACT, 2019
In exercise of the powers conferred by Rule 6 of the Consumer Protection (Qualification for appointment method of recruitment, procedure of appointment, term of office, resignation, resignation and removal of the President and Members of the State Commission and District Commission) Rules, 2020, read with section 28 and section 42 of the Consumer Protection Act, 2019 (No. 35 of 2019), the Administrator of Dadra & Nagar Haveli and Daman & Diu is please to appointment of the following candidates on part time basis as Members of State Consumer Disputes Redressal Commission and President and Member of District Consumer Disputes Redressal Commissions on the recommendation of the Selection Committee:
1. Member of State Commission, DNH & D
| Sr. No. | Name of Candidate | Gender | Post | Name of Commission |
| 1 | Dr. Nutan Ramnarayan BharveBhayan | Female | Member | State Consumer Disputes Redressal Commission, DNH & DD |
2. President and Member of District Commission, DNH & DD
| Sr. No. | Name of Candidate | Gender | Post | Name of Commission |
| 1 | Dr. Habib S. Mansuri | Male | President | District Consumer Disputes Redressal Commission, DNH & DD |
| 2. | Shri Ashwin Agarwal | Female | Member | District Consumer Disputes Redressal Commission, DNH & DD |
The terms and conditions for the above appointments shall be as decided in the aforesaid rules and Dadra and Nagar Haveli and Daman and Diu Consumer Protection Rules, 2021 vide Notification No.3/3/COL/DMN/Cons. Forum/Rules/2018-19/36 dated 31/03/2021.
The above selected candidates should join their duties in a week (i.e. 7 working days) from the date of receipt of this order.
Sd/– (Suresh Chand Meena) Director-cum-Joint Secretary (F&CS) / Consumer Affairs. DNH & DD