Haryana introduces No Litigation Policy for landowners acquired for IMT Manesar expansion

New Delhi: The Government of Haryana decided in its Cabinet meeting on July 7, 2023, to implement the No Litigation Policy-2023 for landowners whose land was acquired for the expansion of IMT Manesar in order to achieve rapid development with the voluntary participation of landowners and to facilitate sustainable development in the state. The strategy was legally adopted by the Council of Ministers on July 7, 2023.

The policy's goal is to benefit landowners whose names are recorded in the land records on the date of the Awards announced vide Award nos. 1, 2, and 3 dated 16.08.2022 for land in the revenue estates of villages Kasan, Kukrola, and Sherawan respectively in Tehsil Manesar, Distt. Gurugram notified for acquisition under section 4 of the Land Acquisition Act 1894 on 10.01.2011 and who opt and submit an undertaking in the format prescribed in the policy. Furthermore, landowners must not contest the acquisition of their land, accept the compensation awarded by the awards announced on 16.08.2022, and refrain from seeking an increase in the compensation amount announced in these awards, as well as withdraw all cases pertaining to the land in question in any court of law.

Sh.Yash Garg,IAS, Managing Director, HSIIDC, disclosed the benefit under the policy published on 28.07.2023, saying that landowners who opt and submit an undertaking are entitled to benefits in addition to the compensation amount. Each landowner whose land has been acquired in the revenue estates of villages Kasan, Kukrola, and Sehravwan in Distt. Gurugram and those who agree not to sue for acquisition or compensation are eligible to exercise an option to be allotted developed residential or developed industrial plot(s) on a pro-rata basis in the ratio of l000 square meters for every one acre of land acquired.

Second, the allocation rate to landowners of these developed residential or industrial plot(s), as applicable, shall be the same as the reserve price decided by HSIIDC, the Nodal Agency for the specific category of plot (residential or industrial).Furthermore, developed residential or industrial plots will only be allocated in multiples of standard-sized plots. The usual sizes for developed residential plots are 100 and 150 square meters, respectively, with developed industrial plots being 450 square meters.

In cases where the entitlement for a developed residential or industrial plot is greater than the standard size of a developed plot or integral multiples of standard sizes of developed plots, the landowner shall only be provided monetary benefit for the entitled area less the allotted area for the developed plot(s). The monetary gain will be equivalent to the difference between the weighted average price received in the auction (excluding mega project plots) held by the Nodal Agency during the first year after the auction process begins and the reserve price set at the time of initial flotation.

In addition, when the entitlement for a developed residential or industrial plot is less than but within 10% of the standard size of the developed plot or integral multiples of standard sizes of developed plots, the landowner shall be given the option of purchasing the additional area in excess of the entitled area at a price equal to the weighted average price received in the Nodal Age's auction (excluding mega project plots).

The landowner who opts to avail incentives under this Policy must submit an undertaking online to the Nodal Agency (within six (6) months of the date on which applications are called for specified villages vis-à-vis the award) stating that he/she/they accept the compensation amount as awarded and that once he/she/they opt to avail of the incentive, he/she/they will not be entitled to seek a reference under this Policy.To the extent that individuals choose this incentive, the Award is deemed to have been made under Section 11(2) of the aforementioned legislation. No claims on this account will be accepted after the six (6) month period specified above.

Furthermore, the Nodal Agency will issue a "Land Entitlement Certificate" for developed residential or industrial land area, as applicable, based on the landowner's allotment share within three (3) months of the scheme's closure (the deadline for submitting applications for benefits under this policy). Also, under no circumstances will the landowner be permitted to modify the selection from industrial to residential or vice versa after the application deadline. The following information must be included on the 'Land Entitlement Certificate': ii. The landowner's name and contact information include the names of the Acquiring Entity and the Nodal Agency.

He also stated that he/she/they will not contest the acquisition of their land and will accept the compensation amount awarded by the Awards announced on August 6, 2022, and will not seek reference under Section 18 of the Land Acquisition Act, 1894, or any other Act/provision relating to an enhancement in the compensation amount announced in such Award. That he/she/they shall withdraw all lawsuits relating to the land in question in any Court of Law, including the compensation sum indicated in the Award.

The landowner shall also submit an indemnity bond in favor of the Nodal Agency, indemnifying the Nodal Agency against all types of land ownership disputes or other related matters that may affect the Nodal Agencies enjoyment of land ownership benefits as a result of the acquisition of land and grant of benefits under this policy. The No Litigation Policy-2023 comprehensive incentives and eligibility are available on the Corporation's website www.hsiidc.org.