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Act makes a mockery of rehabilitation process

By Gaurav Vivek Bhatnagar

NEW DELHI DEC. 20. Lacunae in the existing Land Acquisition Act have made a mockery of the rehabilitation process associated with those displaced due to the construction of the Delhi Metro project. For, while owners of unauthorised shops are being rehabilitated in prime areas, tonga stands are being relocated close by and illegal taxi stands in MCD parks are also being given space, owners of residential properties who did not violate norms and commercialise are being told that they can only get nominal compensation.

The irony of the matter is really stark in A-1 Block of Moti Nagar where of the eight houses demolished, the owners of six residential premises have been told that they are only entitled to compensation as per the law, whereas the 11 trading units which had come up in an unauthorised manner on the remaining two residential plots find themselves better placed having been assured shops in Sudamapuri barely half-a-kilometre away.

The president of A-1 Block Moti Nagar Welfare Association, Rajeev Sethi, said the shops, some of which had been rented out, have been rehabilitated on a 5,000 square yard plot in Sudamapuri. The unauthorised jhuggis on this plot were removed and each of the jhuggi owner was given an 18-metre plot for Rs 7,000. Besides, relocating some shops on this plot, the DMRC would be making more shops here and then selling them in the open market to earn some revenue.

To top it all, even a tonga stand in Moti Nagar has been rehabilitated just 50 metres away over a drain, and as per Mr Sethi even a taxi stand which had encroached upon an MCD park and even lost a court case will be rehabilitated in the vicinity. But when it comes to rehabilitating houses, he said, as per concerned officials "there is no law for rehabilitation and they can only be compensated''.

As the Delhi Metro Rail Corporation spokesperson puts it: "There is a committee responsible for undertaking the rehabilitation and compensation and it comprises officials of the Ministry of Urban Development, Delhi Development Authority and DMRC.'' Further, since all land belongs to DDA, so rehabilitation work has been vested with the DDA under its Commissioner (Housing).

Another senior official of DMRC noted that as such by taking flats from DDA for rehabilitation of the displaced persons in Narela, Dwarka and Bindapur, the corporation was doing more than it was bound to for them since "in the Land Acquisition Act there is no provision for rehabilitation and it only provides for compensation.''

Also, the LAC calculates the price of a property on the basis of the highest of the three values as obtained from the actual registration of the property, the registration rate in the adjoining areas or the notified rate. It is due to this method of calculation that in Moti Nagar the owners of 126 square metre plots - whose market value is over Rs 50 lakhs - are only entitled to a compensation of around Rs 4 lakhs. And with the Commissioner (Housing) of DDA in his letter to DMRC mentioning the rate of LIG flats in Narela of around 50 square metre area in this range, the residents are obviously worried.

With any changes in the Land Acquisition Act not possible without amendments being passed by Parliament, they insist that as in the case of Noida or Greater Noida they should at least be made part of the development model wherein the affected persons are given a share in the developed property to more than compensate them for the acquisition of their plots.

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