National Highways Authority of India

RO-Gandhinagar
NHAI/15013/06/2015-RO-GNR/LA/VME/Vol-15/N-69/ Date: 26/02/2018

SUB: Proposed Vadodara-Mumbai Expressway to be executed as BOT (Toll) Projects on DBFO

Pattern under NHDP Phase-VI.
- Compensation Amount for Land for 01 Village-Ambeshetgaon, Taluka-Talasari,
District-Palghar (Total 01 village) (LOT-04).
REF: 1. PD, PIU-Surat office-note no.NHAI/PIU-Surat (Exp.)/L-12/2017/6208, dtd-27.12.2017.
2. This office letter no.NHAI/15018/1/2015-RO-GNR/LA(Gen.)/Vol-04/F-205/2153, dated-
05.01.2018
3. PD, PIU-Surat office letter no.NHAI/PIU-Surat (Expressway)/L-12/2018/144, dated-
13.01.2018
4. This office letter no.NHAI / 12015 / 2 / 2014-RO-GNR / Tech. / VME / Vol-08 / F-350 /
D-2329, dated-24.01.2018
5. PD, PIU-Surat office letter no.NHAI/PIU-Surat (Expressway)/L-12/2018/479, dated-
27.01.2018
Sir,
PUC is of office-note dtd.27.12.2017 from PD, PIU-Surat (Exp.) submitting a draft award
for amounting to Rs.1,69,48,730/- (Rupees One Crore Sixty Nine Lakhs Forty Eight
Thousand Seven Hundred & Thirty Only) for compensation to land losers in Village
Ambeshetgaon, Taluka Talasari, District Palghar for approval of Competent Authority.
2. With reference to the above subject, it is to submit that CALA had passed a draft award
for compensation to land losers in Village-Ambeshetgaon, Taluka-Talasari, District-
Palghar vide draft award no. DP / Land Acquisition / VME / Kavi-760 / 2017 dtd-
21.09.2017, which was forwarded to this office vide PD’s NS u/ref.
3. While scrutiny of the awards, it was found that the base rate adopted by CALA was that
which has been decided by a district committee constituted for evaluaction of rate and
PD has mentioned that this was done because the Jatri rates and rates of sale deeds are
very low and that most of the area falls under tribal category. Also it was found that PD
has requested to recommended 3% office charges, 3% administrative charge and 10%
nazrana charges.

4. This office by letter cited at ref. (2), requested PD to justify and recommended the
adopted rates and extra charges.

5. By letter cited at ref.(5) (dated-27.01.2018) Pd has instructed as below;

a. In this regard and in continuation to the above, it is to submit that the rate
adopted by CALA is as per the decision of the Valuation Committee formed by
the Collector-Palghar to finalize the rate considering the area being in tribal
area and very few record/no record of the transaction. Accordingly, the
Competent Authority has considered the Jantri rate of the nearest village in
Dadra, Nagar & Haveli and proportionately brought to the year 2014 i.e. year of
publication of 3(A) for further deliberation in arriving the rate to consider for
determination of compensation in addition to various other factors as described
in her award. Further, it is also observed that as against the Jantri rate of
about Rs. 1229/- in DHN, the Committee has finalized Rs. 306/- as the Circle
rate is arrived at the Market Rate of Rs. 1224/- after consideration of
Factor-2 & 100% Solatium in Ambeshetgaon, Kochai, Bormal &
Ambesethgaon. In the balance villages, Rs. 337/- and Rs. 367/- has been
adopted in Sutrakar, Ambeshetgaon and Talasari village.
Contd…2
 /// 2 ///
b. In this regard it is to mention that in the similar line, award for compensation
for Land Acquisition of Surat-Dahisar section of NH-8 was declared by the
Competent Authortiy in the year-2013 (copy enclosed F/2) Comperative
statement showing the rate adopted by the Competent Authority and Jantri rate
for the Surat-Dahisar section and Vadaodara-Mumbai Expressway is enclosed for
ready reference. Upon perusal of the Comparative Statement, it is observed
that the CALA (copy enclosed F/3) has adopted rate considering the valuation
committee appointed by the Collector for Surat-Dahisar Section and additional
39% Solatium over and above the Market/Circle/base rate adopted by CALA.
c. The said earlier award was examined by this office and legal opinion (copy
enclosed F/4) for the same was also obtained particularly on the Solatium
considered by the Competent Authority. After the legal opinion, the Competent
Authority in NHAI, HQ (copy enclosed F/5) has approved the award declared by
the CALA. In the instant case, no Solatium has been considered and the
suggested rate by the Valuation Committee is Rs. 367 to Rs. 306 for various
village as against Rs. 867 in Surat-Dahisar section during 2013 for Talasari
village which is a common village of NH-8 Surat-Dahisar section and Vadodara-
Mumbai Expressway, over which 2 factor along with 100% Solatium as per
RFTLARR Act 2013 has been adopted.
d. Accordingly it is observed that Competent Authority as well as District Valuation
Committee has considered various factor to arrive at the rate and accordingly
the rate adopted by the CALA opined to be reasonable.
e. Considering the deliberation by the Valuation Committee appointed by the
Collector, Palghar & Comprehensive exercise carried out by the Committee to
arrive at the rate, the rate adopted by the Competent Authority opined to be
proper and reasonable.

6. In addition to above, the PD, PIU-Surat has also stated that the said matter of approval
of award was also raised by the Collector, Palghar during the review meeting on
20.01.2018 chaired by Hon’ble Minister (RT&H) and Hon’ble CM, Maharashtra, wherein
it was requested to deposit the compensation amount expeditiously and it was brought
out that early disbursement of compensation shall facilitate co-operation from other
land loser in JMS under progress in the other village of Palghar district and Hon’ble
Minister has directed to process the proposal on priority.
7. The above referred estimates have been prepared by CALA-Dhanu as per the National
Highways Act 1956 & the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation & Resettlement Act, 2013. NHAI HQ vide letter no
NHAI/11013/DGM (LA&Coord)/2015/FTS-3247/65906 dt. 12.05.2015 has requested “not
to await for any further direction from NHAI HQ in respect of awards/estimates of
CALA dated on or after 01.01.2015 which were submitted to NHAI HQ for a decision in
respect of determination of compensation in accordance with the First Schedule of the
RFCTLARR Act, 2013 if the said awards/estimates are within the delegated powers of
RO. Such proposal earlier submitted to NHAI HQ, if any, may be deemed to have been
returned to RO concerned for disposal by RO within his delegated powers.”
8. Recently, NHAI HQ vide letter no NHAI/11013/DGM(LA)/FTS-993/93147 dt. 29.12.2016
has directed that any proposal for payment of compensation should be accompanied
with the applicable checklist and supporting document. Accordingly, PD-Surat (Exp.) has
submitted requisite checklist against the said LA Cases duly signed by PD-Surat (Exp.).
Contd…3
 /// 3 ///
9. Regarding consideration of Multiplication factor, recently MoRT&H has issued Gazette
Notification no S.O. 425(E) dt. 09.02.2016 where the central Govt. notified that, in case
of rural areas, the factor by which market value is to be multiplied shall be 2.0 (two).
NHAI HQ also vide letter no. NHAI/11013/DGM(LA&Coord)/RFCTLARR/2016/FTS-3247/
82068 dt. 04.05.2016 requested to compliance of the said decision of Ministry of Road
Transport & Highways, Govt. of India. In this instant LA Case, CALA-Dhanu has
considered Multiplication Factor-2. Before release of funds to CALA, PD may be ensured
that, the area considered in this estimate is situated in rural area.
10. 100% Solatium and 12% p.a. additional compensation (from date of publication of 3A
notification to tentative date of award) has been considered by CALA on total
compensation as per First Schedule of RFCTLARR Act 2013 and NHAI HQ letter no
NHAI/11013/DGM(LA&Coord)/2015/FTS-257/67645 dated 15.06.2015.

11. CALA has adopted a rate of Rs.306/- per sqm for agriculture land as per the decision
of Valuation Committee formed by Collector-Palghar. PD has submitted standard
checklist. Type and area of land in 3(G) proposal has been matched with 3(D)
notification & found to be in order.
12. Details of the award are as under:
1. Total area to be compensated (Ha.) 1.0590
2. Towards compensation of land Rs.64,73,246/-
3. Compensation of structure & Bore-well etc. Rs. -
4. Compensation of trees Rs.4,81,801/-
Sub-Total(A) Rs.69,55,047/-
12% increase per annum (for 32 Months) (B) Rs.20,71,439/-
Solatium(@100% acc to RTFCLARR Act 2013) (C) Rs.69,55,047/-
10% Najarana to be paid to Govt. (D) Rs.7,834/-
Total Amount to be paid (A+B+C+D)= (E) Rs.1,59,89,368 /-

13. The Establishment Charge for amount of Rs.4,79,681/- and Office Expenditure
Charge for amount of Rs.4,79,681/- i.e. total amount of Rs.9,59,362/- is kept in
abeyance, as there is no provision in NHAI guidelines as well as in RFCTLARR Act,
2013. Hence, total amount of Rs.9,59,362/- will be deducted from the total
estimated and recommended amount of Rs.1,69,48,730/- i.e. amount to be
approved for Ambeshetgaon village is Rs.1,59,89,368/- (Rupees One Crore Fifty
Nine Lakhs Eighty Nine Thousand Three Hundred & Sixty Eight Only).
14. In view of above, the approval of CGM(T)/RO-GNR may, therefore, be accorded for the
amount of Rs.1,59,89,368/- (Rupees One Crore Fifty Nine Lakhs Eighty Nine
Thousand Three Hundred & Sixty Eight Only), against the Award no. DP/Land
Acqui./VME/Kavi-760/2017 dt. 21.09.2017 and as recommended by PD, PIU-Surat, in
accordance to the power vested vide Sl (i) of HQ NHAI Policy Circular No. NHAI/29/LA/
Policy dt. 30.04.2010 & Circular No. (160/2015) 11041/217/2007-Admn dt. 13.05.2015,
subject to the following being ensured by PD, PIU-Surat (DFA placed).
a) No compensation shall be paid for land/trees belonging to State Govt.
b) No compensation is to be paid for land not notified for acquisition vides relevant
3(D) notification. However in case of change in 3(G) from that notified in 3(D) and
the compensation is increased due to such change, then the award is to be
referred to the Arbitrator as per relevant guidelines of NHAI, if proper
justifications/proofs are not given in the particular award by CALA.

Contd….4
 /// 4 ///

c) No compensation is to be paid under any heads which are not payable under the
NH Act, 1956 and RFCTLARR Act, 2013.
d) Amount provided previously to CA(LA) as establishment support are adjusted
against the amount being levied as Administrative Charges for Land Acquisition.
e) Prospective recipients of compensation have a valid legal title/claim over land/
structures for which they are proposed to be compensated.
f) Provision is made for Tax Deduction at Source (TDS), as per relevant NHAI Policy
Circulars, as applicable.
g) Salvage value amount, if any, is to be deducted from compensation paid to
affected persons.
h) There is no duplication in payment of compensation to any individual.
i) Subsequent to deposit of compensation with CALA/disbursement thereof, land
under reference is transferred into NHAI’s possession and simultaneously muted in
name of Govt. of India in local Revenue Department’s Record of Rights.
j) Mathematical calculations is to be checked prior to release of funds to CALA/
landowners for ensuring inter-alia that not more than 10% of compensation has
been charged under Section 3(G) 2 of NH Act. It must be ensured that correct rate
has been applied by the CA(LA) while calculating the award amount.
k) Payment shall be released with the joint signature of Competent Authority(LA) &
Project Director as per NHAI Guidelines
l) Before releasing the compensation it may be ensured that there is no pending
liability of the land owner towards Government Department.
m) The approval is based purely on PD’s recommendation for the same as per Award
declared by CA (LA) and PD’s certification that "the proposal has been examined in
PIU in light of relevant circulars/guidelines of NHAI and hence found in order".
n) In case of Award of plots/khasaras involving substantially high amount of
compensation or not matching with DLC/market rates such cases must be re-
checked by PD personally prior to depositing the compensation amount to CA(LA).
o) It must be re-ensured that the rate adopted in award is DLC/Circle Rate/Market
Rate at the time of publication of 3A notification. PD is requested to go in the
Arbitration in case of any doubt found in particular award with respect to Area,
Nature of Land, Rates, Amount, Title of ownership etc.
15. The proposal has been examined by the constituted committee & found in order.
16. In view of the points stated above and as recommended by PD, PIU-Surat (Exp.), the
3(G) Award of total amount of Rs.1,59,89,368/- (Rupees One Crore Fifty Nine Lakhs
Eighty Nine Thousand Three Hundred & Sixty Eight Only) for compensation to land
losers of Village-Ambeshetgaon, Taluka-Talasari, District-Palghar, submitted with all
documents & rate reports, is hereby recommended for approval please.

COMMITTEE MEMBERS

(D.K.Vyas) (Avishek Shaw) (V. K. Gupta) (Shashi Bhushan)

Accounts Officer Manager (T) Dy. Gen. Mgr(T) PD, PIU-Surat

CGM (T)/RO-Gujarat
NHAI/15013/06/2015-RO-GNR/LA/VME/Vol-15/NS-69/F-404/D-2615 Date: 26/02/2018

To,
The Project Director,
National Highways Authority of India
PIU-Surat (Expressway).

SUB: Proposed Vadodara-Mumbai Expressway to be executed as BOT (Toll) Projects on DBFO

Pattern under NHDP Phase-VI.
- Compensation Amount for Land for 01 Village-Ambeshetgaon, Taluka-Talasari,
District-Palghar (Total 01 village) (LOT-03).

REF: 1. Your office-note no.NHAI/PIU-Surat (Exp.)/L-12/2017/6208, dtd-27.12.2017.

2. This office letter no.NHAI/15018/1/2015-RO-GNR/LA(Gen.)/Vol-04/F-205/2153, dated-
05.01.2018
3. Your office letter no.NHAI/PIU-Surat (Expressway)/L-12/2018/144, dated-13.01.2018
4. This office letter no.NHAI / 12015 / 2 / 2014-RO-GNR / Tech. / VME / Vol-08 / F-350 /
D-2329, dated-24.01.2018
5. Your office letter no.NHAI/PIU-Surat (Expressway)/L-12/2018/479, dated-27.01.2018
Sir,
Please refer to your above mentioned note-sheet on the subject.

2. Based on your recommendation and of the committee certifications regarding the award
declared by Competent Authority for Land Acquisition (Dhanu), an approval has been
accorded for acceptance of award for compensation of land & trees of Village-
Ambeshetgaon, Taluka-Talasari, District-Palghar for amount of Rs.1,59,89,368/-
(Rupees One Crore Fifty Nine Lakhs Eighty Nine Thousand Three Hundred & Sixty
Eight Only). The compensation for land, structures and trees is approved subject to the
following conditions:-

(i) No compensation shall be paid for land/trees belonging to State Govt.

(ii) No compensation is to be paid for land not notified for acquisition vides relevant
3(D) notification. However in case of change in 3(G) from that notified in 3(D) and
the compensation is increased due to such change, then the award is to be referred
to the Arbitrator as per relevant guidelines of NHAI, if proper justifications/proofs
are not given in the particular award by CALA.
(iii) No compensation is to be paid under any heads, which are not payable under NH
Act, 1956 and RFCTLARR Act 2013.
(iv) Amount provided previously to CA(LA) as establishment support are adjusted against
the amount being levied as Administrative Charges for Land Acquisition .
(v) Prospective recipients of compensation have a valid legal title/claim over
land/structures for which they are proposed to be compensated.
(vi) Provision is made for Tax Deduction at source (TDS), as per relevant NHAI Policy
Circulars, as applicable.
(vii) Salvage value amount, if any, is to be deducted from compensation paid to affected
persons.
(viii) There is no duplication in payment of compensation to any individual.
Contd….2
 /// 2 ///

(ix) Subsequent to deposit of compensation with CALA/disbursement thereof, land

under reference is transferred into NHAI’s possession and simultaneously muted in
name of Govt. of India in local Revenue Department’s Record of Rights.
(x) Mathematical calculations is to be checked prior to release of funds to CALA/
Landowners for ensuring inter-alia that not more than 10% of compensation has
been charged under Section 3(G) 2 of NH Act. It must be ensured that correct rate
has been applied by the CA(LA) while calculating the award amount.
(xi) Payment shall be released with the joint signature of CALA & PD as per NHAI
Guidelines.
(xii) Before releasing the compensation, it may be ensured that there is no pending
liability of the land owner towards Government Department.
(xiii) The approval is purely based on your recommendation for the same as per Award
declared by CA(LA) and your certification that "the proposal has been examined in
PIU in light of relevant circulars/guidelines of NHAI and hence found in order".
(xiv) In case of award of plots/khasaras involving substantially high amount of
compensation or not matching with DLC/market rates such cases must be re-
checked by PD personally prior to depositing the compensation amount to CA(LA).
(xv) It must be re-ensured that the rate adopted in award is DLC/Circle Rate/Market
Rate at the time of publication of 3A notification. You are requested to go in the
Arbitration in case of any doubt found in particular award with respect to Area,
Nature of Land, Rates, Amount, Title of ownership etc.

3. This issue with the approval of CGM(T)/RO-Gujarat.

Thanking you,
Yours faithfully,

(Avishek Shaw)
Manager(T)
For, Chief General Manager(T)
& Regional Officer-Gujarat

Copy to:
1. Shri V. K. Sharma, CGM (LA & Env.) NHAI, New Delhi: For information please.
2. Shri K. V. Singh, GM (Guj.) NHAI, New Delhi: For information please.
NHAI/15013/06/2015-RO-GNR/LA/VME/Vol-16/N-69/ Contd. from Pre. Page.04
Date : 28/03/2018
/// 5 ///

Earlier in this Village-Ambeshetgaon, Taluka-Talasari, District-Palghar an amount of

Rs.1,59,89,368/- was approved by the Competent Authority, NHAI for disbursement to the
land losers. CALA had also requested to approve 3% establishment charge and 3% office
expenditure amount (Rs.4,79,681/- each).

In a recent meeting chaired by Hon’ble Minister (RT&H) & Hon’ble CM, Maharashtra,
Secretary RT&H, Govt. of India has requested the State Govt. to freeze the above charges to
2.5% of the awarded amount & accordingly the State Govt. in the MoM dated-28.02.2018 has
issued direction regarding 2.5% charge (as against the 6% demeanded in the award).

In view of the above, it is recommended to accept 2.5% charges i.e. Rs.3,99,734/- (Rupees
Three Lakhs Ninety Nine Thousand Seven Hundred & Thirty Four only) for approval of the
Competent Authority, NHAI.

(Avishek Shaw)
Manager (T)

CGM (T)/RO-Gujarat
NHAI/15013/06/2015-RO-GNR/LA/VME/Vol-16/NS-69/F-433/D-2995 Date: 29/03/2018
To,
The Project Director,
National Highways Authority of India
PIU-Surat (Expressway).

Sub.: Proposed Vadodara-Mumbai Expressway to be executed as BOT (Toll) Projects on DBFO

Pattern under NHDP Phase-VI.
- Compensation Amount for Land for 01 Village-Ambeshetgaon, Taluka-Talasari,
District-Palghar (Total 01 village) (LOT-03).

Ref.: 1. Your office-note no.479, dated-27.01.2018

2. This office letter no.F-404/D-2615, dated-26.02.2018
3. Your office letter no.NHAI/PIU-Surat (Expressway)/L-12/2018/1352, dated-16.03.2018

Sir,
With reference to subject above and based on your recommendations approval of
Rs.3,99,734/- (Rupees Three Lakhs Ninety Nine Thousand Seven Hundred & Thirty
Four only) with respect to 2.5% charges to be paid to the State Govt. of Maharashtra is
hereby approved by the Competent Authority NHAI.

2. This issue with the approval of CGM(T)/RO-Gujarat.

Thanking you,
Yours faithfully,

(Avishek Shaw)
Manager(T)
For, Chief General Manager(T) &
Regional Officer-Gujarat