Instructor: Satyendra Nath Mishra, XSRM, XUB

|| Office Room 02-219 || Extension: 7752||

Name: Pritish Baruah, Rahul, Rishav Pandey and Samaksh Baj Roll No: ur18017,
ur18018, ur18019, ur18020
Class: MBA (RM) Section: A
Assignment Type: Case Analysis - 03
_________________________________________________________________________

Addressing the Land Transfer Conundrum

1. Case Facts:
To address the land transfer conundrum Delhi government had constituted a team of ‘123
experts. The government had shared two findings (Report I and II) with the expert group
members, which can be summarized as below:
1.1 Findings of report-1
Government of India handed over Indira Gandhi International Airport (IGIA) to private sector
for modernization. Delhi International Airport Limited (DIAL), which is a joint venture
consortium, took over IGIA, have to face two challenges. First, it had to get the possession of
some land that had been acquired for the Airport Authority of India (AAI); but possession not
given to AAI. Second, it had to remove encroachments on some parts of the land.
AAI was to undertake the responsibility for bearing the cost of rehabilitation of the affected
people of Nagal Dewat Village and paid compensation for the land and structure. However,
the cost of construction of the houses has to be borne by the villagers themselves. Many
villagers have opposed the notification and file a writ petition which leads to a stay of
operations. GoI prepared rehabilitation and resettlement (R&R) scheme according which AAI
had acquired land in Rangpuri Village which will be develop by Delhi Development Authority
(DDA). However fresh surveys was conducted in which many new families where identified
and on the basis of the survey DDA revised the scheme of R&R.
Now the Challenge before DIAL is that people have not left their land (60 acres) in Nagal
Dewat village even after land had been allotted to them in Rangpuri Village, as some of them
have sold their land. At the same time DIAL have to face the problem of encroachment on
about 30 acres of land.
The next segment of the case discusses the approach that DIAL had taken to get land
evacuated. Strategic nine members’ team was formed to handle this issue. DIAL took all the
responsibility to ensure the coordination of various committees, departments, agencies, and
communities. In May 2007, Delhi High Court has passed the order in favor of DIAL following
which the schedule for land evacuation had been prepared. Other issues of land allotment to
specific communities had been solved by DIAL however it is a time taking process which
requires approvals at different levels.

Page 1 of 6
 Instructor: Satyendra Nath Mishra, XSRM, XUB
|| Office Room 02-219 || Extension: 7752||

The evacuation of encroachers on the land which is owned by AAI was done in keeping Jhuggi
Jhompari (J&J) resettlement policy of Government of National Capital Territory of Delhi
(GNCTD).
In the next part, lessons from the case study has been discussed, which specifies what should
be the approach of land evacuation, what should be the role of private sector project developer,
how companies can use their CSR fund to address such issues, and also highlight the
importance of contractual clarity at the time of appointment of private sector developer.
1.2 Findings of Report- II
(As shared by Mr. Baljeet Singh)
Mr. Singh while sharing his experience of resettlement of village Nagal Dewat in Delhi
focused his talk on the rehabilitation policy and Supreme Court verdict on the rehabilitation
and implementation process by the state. He stated that development funds to the village were
stopped after the notification regarding removing the people from settlement area was released
by AAI. It was after the intervention of the Delhi governor proper rehabilitation was given to
the people of the Nagal Dewat. Apart from the fact that number of plot allotted has decreased
from 953 to 308, the biggest mockery is that the allotment have been done in 2007 based on
the revenue records of 1972. This created lot of confusions regarding legal inheritance and
paved the way for corruption at different levels.
Further DDA introduced many legal requirements which encourage middlemen to exploit
people. With many legal and technical loopholes, the land was grabbed by land dealer at very
less prices and helped them by making more than 500 crores from land selling. AAI and land
acquisition commissioner denied compensation packages even after Supreme Court direction.
Mr. Singh concluded that a nexus appears to exist between the airport authority, state, and the
long legal structure that colluded, i.e., policy, politics, judiciary and administration to deny
the very right of rehabilitation of villagers.

2. Situation Analysis

In any infrastructural development projects. The land acquisition and transfer from one party
to another party are been the most critical and challenging part of project execution. If the
concerned authority gets it right, then such projects complete on time with a very minimal
cost overrun.
The Delhi government is rightly pointed there is a need to simplify the complexity around the
land transfer arrangement. In this regard, the Delhi government has to analyse the issues from
various apposite.
The Delhi government and concerned authorities like Airport Authority of India (AAI), Delhi
Jal board, Delhi development authority (DDA), Government of National capital Territory of
Delhi (GNCTD), etc. have to devise strategies for two sets of problematic lands, one strategy

Page 2 of 6
 Instructor: Satyendra Nath Mishra, XSRM, XUB
|| Office Room 02-219 || Extension: 7752||

for Land acquired but possession not given to owner and another one for Land under
encroachment.
Let’s analyze the sets of strategies for which the concerned authorities can explore for each of
those problematic quanta of lands.
2.1 Land acquired but possession not given to owners
This settlement of issues for these sorts of land falls under the ambit of the Land Acquisition
Act (LAA) of 1894. The LAA of 1894 is quite antique with respect to current dynamics of
land availability, inflation, lengthy procedures, etc, and time has come to overhaul the LAA.
A new LAA can incorporate certain provisions, which will lead to faster acquisition and
transfers of land. These measures can be:
Increase monetary compensation for families residing on the land as well as for the displaced
industrial units. The compensation to each family or displaced industry should adequately
cover the market cost of a piece of land, the cost of building a new house, salvage cost, etc.
Also, the payment of such compensation should be in time bound manner with a high degree
of transparency and accountability to the concerned entity.
The rehabilitation and resettlement (R&R) scheme for displacements of villagers from their
native land to a new place should envisage the comprehensive survey of the area and
enumerate the list of authorized families entitled for R&R scheme. The survey should take
into the account of the land holdings of those communities in the extended Abadi areas, for
whom there is an unavailability of revenue records which substantiates their ownership of
lands. The survey should be within the time frame of fewer than 5 years, for the date when
the R&R policy scheme kicks in, thus incorporating all possible dimensions of family tree
expansion. The R&R policy should also meet the needs and aspiration of the displaced
community.
There should be a clause for expediting the process of land acquisition and its transfer. For
example, once the land has been acquired then within two years the said land would be
transferred to the owner, after completing all formalities pertaining to it. Such measures will
help to subdue all the issues, which we have encountered in this case such as family tree
expansion, the establishment of a new industry, selling of acquired land, etc.
2.2 Rehabilitation & Resettlement Scheme

Section 16 provides for the preparation of Rehabilitation and Resettlement Scheme by the
Administrator:
Upon the publication of the preliminary notification by the Collector, the Administrator for
Rehabilitation and Resettlement shall conduct a survey and undertake a census of the
affected families, in such manner, which shall include–
(a) Particulars of lands and immovable properties being acquired of each affected family;

Page 3 of 6
 Instructor: Satyendra Nath Mishra, XSRM, XUB
|| Office Room 02-219 || Extension: 7752||

(b) Livelihoods lost in respect of landless who are primarily dependent on the lands being
acquired;
(c) A list of public utilities Government buildings, amenities, and infrastructural facilities
which are affected or likely to be affected, where resettlement of affected families is involved;
(d) Details of any common property resources being acquired.
The key part of rehabilitation and resettlement is a survey of the affected area, so the Delhi
government must meticulously conduct the survey, taking into the consideration of all possible
dimensions to it, as mention in the above paragraph.
2.3 Land under encroachment
All the issues which pertain to the category of land under encroachment fall under the realm
of Jhuggi Jhompari (J&J) resettlement policy of GNCTD. In order to fasten the evacuation of
people from these encroached lands, the government of Delhi can incorporate certain
measures, which can be;
An amendment to the Delhi Development Authority’s Scheme for Resettlement of J&J needs
to be done. The amendment should incorporate the points such as higher monetary
compensation, easy claim settlement, proper provisions for rehabilitation of people, etc.,
The government of Delhi should devise policy and strategies which disincentivizes the
encroachment of legal land by third party entity.
Proper monitoring of the acquired land by the concerned authorities from time to time will
help to early identify the sign to encroachment and help the concerned institutions to better
prepared for those issues and take timely action.
2.4 Role of CSR wing of the private sector project developer
The Delhi government can make a mandatory clause on the active participation of R&R
initiatives by the private sector developer who has won the bidding process for the
infrastructural project and for which the R&R is required.
The private sector developer shouldn’t be viewing the R&R scheme is a state responsibility,
rather they should work as a team with the concerned institutions of the government for
expediting the whole process of R&R scheme. The private vector developer should take R&R
as their social responsibility and can play a pivotal role in making the R&R a pleasant
experience for the affected people.
2.5 Contractual Clarity
There should be absolute clarity with respect to the role and responsibilities, financial
provisions, time consideration, etc. between the parties of the contractual agreement. This
clarity between the parties of the infrastructural development project will help in accelerating
the execution of projects, cost savings, greater goodwill of the entities in the eyes of people,
etc.

Page 4 of 6
 Instructor: Satyendra Nath Mishra, XSRM, XUB
|| Office Room 02-219 || Extension: 7752||

Like in this case, there was contractual clarity between the Airport Authority of India (AAI)
and GMR led consortium, on the responsibility of evacuation for encroachers, falls on which
side. These sorts of confusion between the concerned parties will lead to delayed project
deliverance and hindrance to R&R of the affected people.
Thus, the Delhi government should emphasize on the contractual clarity between the parties.
Respecting the right of the rehabilitating people:
The government of Delhi should make an all-out effort for making the realizations of the rights
of the rehabilitating people. They should be adequately compensated, timely processed,
provisions of basic amenities for an initial period of times, protection of them from the
middlemen and dealers, etc. The government through the adequate mechanism, provisions,
clauses, etc. should stop the collusion between the policy, politics, judiciary, and
administration, and thus enabling a progressive culture on R&R scheme.
2.6 Government Authority Perspective
For Airport Authority of India and respective shareholders in the expansion project of New
Delhi Indira Gandhi International Airport it is clearly a command and control approach to
obtaining 7000 Bigha of village land (between 1964 and 1972). Their primary objective is not
the benefit of the relocated people, which is evident because they stopped the development
fund after 1972. This action reflects a negligent attitude and authoritative behavior towards
command people affect by the project. The authority’s primary objective is to commercialize
and expand the airport so that more revenue can be obtained from the airport and the upper
class who are economically affluent can avail the benefit of the services of the airport.
Bureaucratic inefficiency and improper use of power is reflected from beneficiary scheme
management (308 to 953 beneficiaries). This issue could have been better managed had there
been an establishment of an external committee of educated people who could have supervised
and analysed the situation and could have provided correct advice to the people regarding
technical and sophisticated paper management.
2.7 Nangal Devat village people’s perspective
The villagers come from a humble background and they believe that they were not given a
fair trial to justify their demand. It is evident from the case where they knocked the door of
the judicial system numerous times only to be disappointed by the verdict of the court. In their
perspective, they were caught in the trap of a long legal battle for the land they gave up for
the expansion project. Secondly, according to them they have been misguided through
improper plot allotment verdict as well as sophisticated legal requirements which was difficult
for them to comprehend leading to entry of political beneficiaries and middlemen. According
to Law, they deserved a fair, transparent trial, which they believed they didn’t receive and a
benefit of an affluent few was given greater weightage over the plight of affected people.

Page 5 of 6
 Instructor: Satyendra Nath Mishra, XSRM, XUB
|| Office Room 02-219 || Extension: 7752||

3. Key problems
• How to simplify the complexity around the land transfer deal between the dissidents of
acquired land and governmental institutions?
• How to uphold the rights of the displaced villagers such as rights to get their
compensation as per the government policy?
4. Objective
To provide land compensation as per the law for development projects which fulfils the basic
rights of the villagers who have to give their land and livelihood for development projects of
which they can never be part of. Timely compensation is also necessary as ‘Justice delayed is
Justice denied’.
5. Criteria
• Timely completion of strategic development projects necessary for national development.
• Adequate compensation for the villagers residing in the villages of which the land has
been acquired.
• To stop land encroachment of Govt. lands
• To stop the cabal of middlemen, police and politicians which benefit from the various
legal loopholes.
6. Possible Solution
The government of Delhi, in order to simplify the complexity around the land transfer deal
between the stakeholders, they need to adopt a mix strategy, such as:
1) The government need to do the amendments in the LAA act, and making it more
effective and efficient for all the stakeholders.
2) The government needs to adopt the measures, which will enable the private developers
to actively participate in R&R activities.
3) The government should empower it’s machineries/agencies, which will the protects the
right of displaced people as the established laws/acts.

Page 6 of 6