LARCs to decide on land acquisition compensation
The Government has reintroduced Land Acquisition and Re-settlement Committees (LARCs) to decide compensation for those losing private property in 18 major road-widening and construction projects.
In regulations passed this month, the Land Ministry has laid down criteria for payments to property owners and tenants, to proprietors of businesses and even to encroachers. Those who object to the amount of indemnity they receive can appeal to an additional body called the “Super LARC” which will be based at the Road Development Authority (RDA).
The LARCs were disbanded in 2009 when the Land Ministry ruled that compensation would be decided directly by the Valuation Department. However, the RDA received hundreds of complaints from landowners who felt they were being treated differently to those whose compensation payments had been calculated before 2009.
“People were also upset that they could no longer take their grievances personally before a committee,” said an authoritative Land Ministry source. “As a result, the Government passed regulations this month reintroducing the system.”
Acquisitions and compensation payments for a majority of the specified projects started in the early 2000s and are continuing. Vast acres of land are being taken over everywhere in the country for “public purpose”.
In 2013, various ministries—including Defence—have sent the Land Ministry 582 proposals for land acquisitions. “Each proposal contains requests for properties belonging to thousands and thousands of owners,” the source said. He said it was not possible to cite an accurate figure of the number of properties or owners because they were so numerous. The requests are processed according to the Land Acquisition Act.
LARCs will be situated at the respective divisional secretariats. Every person affected by the acquisition can make representations at proceedings. The four members of each LARC (including the Chief Valuer and Surveyor General) will consider written claims by landowners or affected persons in determining market value and compensation payable.
Under the new regulations, self-employed persons who are temporarily affected by a loss of income arising from land acquisition will be entitled to a “loss of livelihood” payment. Families in vulnerable situations and persons who lose wages due to acquisition of their places of employment can also claim separate allowances. There is an ex-gratia payment for the handover of properties before the designated deadline.
Meanwhile, every re-settler affected by the acquisition with title to his or her property is entitled to a block of land not exceeding 20 perches from “a fully serviced re-settlement site...” or to a sum of cash. The amounts payable to various categories are also described in the regulation.
“Where the LARC deems that it is reasonable and justifiable, the encroachers of State lands may be offered a block of land up to an extent of 10 perches from a re-settlement site or to cash payment...,” the regulations state.
They also list formulae for granting of ex-gratia payments to occupants of rented property (residen- tial and business) based on the periods of occupancy.
Persons affected by prospective acquisitions who wish to self “re-locate” are entitled to a cash payment in lieu of a block of land depending on the area in which the property to be acquired is situated . The maximum is Rs. 500,000 in municipality areas.
The projects listed in the regulations are the Colombo-Katunayake Expressway, the Colombo Outer Circular Highway, the Southern Transport Development, the ColomboKandy Road, the Orugodawatta-Ambatale Road, the New Kelani Bridge Approach (Kelanimulla to Angoda, Koswatta Road),the Matara-Kataragama Railway and the Deduru Oya Reservoir project.
The others are the Ratnapura-Balangoda, Balangoda-Bandarawela, Padeniya-Anuradhapura, Tampalagamuwa (Tampalakamam))-Kinniya, Matara-Godagama, Horana-Pamankada, Southern Expressway-Madurugoda and the Kirulapone-Godagama Roads. Also listed is the 5/2 Bridge Katugastota-Kandy-Jaffna Road.