Process to Prepare Improvement Schemes in the Metro Region under the provisions of the NIT Act 1936.

The steps to undertake each Improvement Scheme (IS) are as below. A brief description of each step along with supporting explanatory notes is given below:

Step – 1 NIT shall Initiate & Approve the decision to frame the IS as per Section 36 (1) (2) • NIT will approve: o The decision to prepare a particular IS o Proceed with the process of preparing the IS

Step – 2 NIT to prepare IS as per Section 28/29/30/31/32/33/34/35/35A The following Steps – 2a, 2b 2c & 2d are the actions taken by the NIT following the Board Resolution to prepare an IS.

Step – 2a Issue a Public Notice Under Section 54 and 55 in Local Newspapers of wide Circulation • A Public Notice under Section 54 and 55 will be published in one or more local newspapers. • The Public Notice will also be displayed at the Head Office of NIT and in other prominent places in Nagpur. • The Public Notice will state the following: o NIT has resolved to prepare the particular IS. o NIT will carry out surveys and measurements for the lands included in the IS. o Request the land owners to submit land ownership records, layouts, hissa details and suggestions, if any, within a period of 45 days from the publication of the Notice at the office of Superintendent Engineer (Metro), , Station road, Sadar, Nagpur. If these are not submitted then the available documents will be used to establish ownerships and plots areas. o The plan of proposed IS boundary showing the khasra numbers of the included lands and a list of the same will be kept open for inspection at the following offices during office working hours: 1. Divisional Commissioner, Nagpur Divisions, Old Secretariat Building Civil Lines, Nagpur-440 001 2. Superintending Engineer (Metro), Nagpur Improvement Trust, Station Road, Sadar, Nagpur-440 001 3. Collector, Nagpur, Collector Office, Civil Lines, Nagpur-01 4. Deputy Director, Town Planning, Nagpur Division, Nagpur-01 5. Chief Executive Officer, Zilla Parishad, Civil Lines, Nagpur-440 001 6. Tahsildar, , Tahsil Hingna, Distt. Nagpur o The process and policies along with draft Memorandum of Understanding (MOU) for the preparation of the proposed IS will also be available at the above mentioned office for inspection 1.

1 The mechanism to implement the IS is legalized by the way of a MOU between the land owner and NIT and subsequently a Final Agreement between the the land owner and NIT. Refer Policy No. 12 in the Policy Document.

Process to Prepare Improvement Schemes, HCPDPM 1 o Request the land owners to submit the MOU within a period of 60 days from date of publication of the Public Notice at the office of Superintendent Engineer (Metro), Nagpur Improvement Trust, Station road, Sadar, Nagpur. o NIT shall commence total station survey of the IS area within next 7 days and all the land owners are requested to cooperate with NIT to carry out the survey work.

Step – 2b Dispatch a copy of the Public Notice under Section 54 & 55 to the State Government for Information • NIT will send a copy of the Public Notice under Section 54 & 55 to the State Government for information. • A plan of the area which is proposed to be included in the IS, process, policies along with draft MOU for the preparation of the proposed IS will also be sent to the State Government for information.

Step – 2c Intimate the Zilla Parishads and Gram Panchayats • NIT will send a copy of the Public Notice under Section 54 & 55 to the respective Zilla Parishads and Gram Panchayats.

Step – 2d Keep the Copy of Plan of IS and Relevant Documents open for Inspection • A copy of the area which is proposed to be included in the IS, process and policies along with draft MOU and for the preparation of the proposed IS will be kept open for public inspection at the offices listed in the Public Notice under Section 54 & 55 for a period of 60 days. • Consideration shall be given to the suggestion and objections if any.

Step – 3 NIT to prepare IS as per Section 38 The following Steps – 3a, 3b, 3c, 3d & 3e are the actions taken by the NIT after issuing the Public Notice under Section 54 & 55.

Step – 3a Prepare the Draft Area Statement, Base Map and List of Owners for the IS Area • Procure the following records: o 7 x12 (from Tehsildar / Revenue Department). o Village maps (Ekatrikaran maps) at 1:5000 scale. o Resurvey sheets (from Dy. SLR) at Scale 1:1000. o NA TP layouts (from Collector Office). • Prepare a draft area statement from the 7 x 12 documents for all the khasra numbers • Digitize and overlay the ‘resurvey sheets’ obtained from the Dy. SLR on Google satellite images to obtain a consolidated map. Fit/match the khasra lines on the image and verify the area with as indicated in the 7 x 12 documents. • Insert the NA TP layout on the khasras. • Tentatively mark the hissa subdivision as obtained from the 7 x 12 records on the satellite image wherever possible.

Step – 3b Conduct Total Station Survey of IS Area • Submit a list of khasra numbers with areas from the 7 x 12 documents to the Land Record Department (LRD). • LRD to assess the measurement fee and NIT to pay the measurement fee.

Process to Prepare Improvement Schemes, HCPDPM 2 • Commence a detailed and accurate survey of the ground situation using Total Station Survey As per Policy No. 1. • During the survey, a representative from the Land Record Department (LRD) will be present, if necessary.

Step – 3c Finalize the Area Statement, Base Map and List of Owners of the IS Area • Overlay the ‘resurvey sheets’ obtained from the Dy. SLR on the total station survey drawing to obtain the area under possession and finalize the areas as per Policy No. 2: Base Map, Area Statements and Ownership Status in the IS Area in the Policy Document. • LRD will certify both the area statement and the base map. • Prepare a final list of land owners from the 7 x 12 documents and information from Tehsildar / Patwari of the village. These will keep getting updated as the process of preparing the IS moves forward particularly during & after the Publication and land Owners Meeting.

Step – 3d Prepare Conceptual Plan for Draft IS • Prepare conceptual plan on the approved base map and as per the approved policies. • Keep in view the following aspects: o Topography and site conditions o Regional plan proposals o Development plan proposals (forth coming) o Specific uses such as quarries and archeologically important sites. o Highway buffer zones o PWD roads o Government lands o NA TP permissions • The IS will be termed as Draft IS at this stage. • Prepare volume of the Draft IS with the drawing and the support documents / reports for approval of NIT Board in the prescribed format in the Policy Document.

Step – 3e Review of Conceptual Plan of Draft IS by NIT Board • The Draft IS proposals will be placed before the NIT Board for review. • The Draft IS may be modified if required.

Step – 4 NIT to publish the Notice of the IS as per Section Sec: 39 (1), (2) • The Draft IS plan will be published by NIT. • A Public Notice to this effect will be prepared. • The Public Notice will state o An IS has been prepared o Boundaries of the area comprised in the IS o Place at which particulars of the IS, map of the area and proposals of the IS can be seen along with statements of redistribution of land and ‘Net Demand 2’. • NIT shall publish the Notice in Gazette and every week for 3 consecutive weeks in local newspapers. • The notice will state that a meeting of all land owners will be held on a particular date, time and location.

2 For definition of Net Demand see Policy No. 8 in the Policy Document.

Process to Prepare Improvement Schemes, HCPDPM 3 Step – 5 NIT to send Notices Within a period of 30 days from the date of publication under Section 39 NIT will send two notices simultaneously to the land owners:

Notice 1: Under Section: 41 (1), (2), (3) for consent for acquisition by agreement as per Section 58 of NIT Act, 1936 or compulsory acquisition U/S 59 of Nagpur Improvement Trust Act, 1936. This notice shall state - • The NIT proposes to appropriate land by consent in the IS and recover ‘Net Demand’ for the purposes of carrying out the IS • The land owner can submit their objections / suggestions within a period of 60 days from the date of the service of the notice.

Notice 2: Notice to intimate the land owners about the owners meeting to explain the proposals of the IS. This notice shall state - • Details of final plot – area, land appropriated and the ‘Net Demand’. • The date, time and place of the Owners Meeting. • The place the where the configuration of the final plots and other proposals of the IS can be seen. • The owners can send in objections and suggestion within a period of 60 days from the date of service of the notice and 45 days from the Owners Meeting.

Step – 6 Owners Meeting • The Owners Meeting will be held at the office of NIT or a premise owned / hired by NIT which can accommodate all the land owners within 15 days from the date of service of the notice under Section 41 • NIT will explain the proposals of the draft IS to the owners • The land owners will get to review a copy of the Final Agreement that will be executed between them and NIT. • Land owners can give their representation in writing within 45 days from the Owners Meeting.

Step – 7 Affected Land Owners to make Representation to NIT on the Draft IS as per Section 41 (2) • Within 60 days from the notification under section 39 or Serving of notice under Sec 41 (2), or within 45 days from the Owners Meeting, the land owners shall make a representation to NIT in writing.

Step – 8 Modifications to the Draft IS Plan after Owners Meeting • NIT will consider the representations made by the land owners. • All the representations will be systematically listed and remarks will be made whether to consider them or not, stating the reasons by NIT. • NIT may modify the proposals of the IS to accommodate the representations received.

Step – 9 NIT Board to Approve the State Government Submission • NIT Board will approve the submission to the State Government for sanction. • The submission shall include: o IS details – drawings and support documents o All representations made by the land owners o Statement of response by NIT to each representation o Signed MOU by land owners

Process to Prepare Improvement Schemes, HCPDPM 4 Step – 10 NIT to submit the IS to the State Government for sanction as per Section 43 (1), (2) • The submission shall include: o IS details – drawings and support documents o All representations made by the land owners o Statement of response by NIT to each representation o Signed MOU by land Owners

Step – 11 Response by State Government a) State Government sanctions b) State Government may suggest minor modifications c) State Government may suggest major modifications d) State Government refuses to sanction

Step – 12 Response by NIT a) NIT proceeds to steps 13 to 17 b) NIT incorporates the modifications and proceeds to steps 13 to 17 c) NIT to prepare the IS again and repeat steps 1 to 11

Step – 13 NIT to publish the submission of IS to State Government for sanction in Official Gazette and Newspapers as per Section 43 (4) • NIT will publish a notice to this effect in the local newspapers and Gazette for 2 consecutive weeks.

Step – 14 State Government sanctions the IS as per Section 44 (1)and issues notification in the Official Gazette for the implementation of the IS by NIT as per Section 45 (1)

Step – 15 NIT to Issues Notices to land owners to submit Final Agreements • After sanction of the IS by the State Government, NIT will issues notices to the land owners to sign the Final Agreements at NIT within a period of 60 days from the date of notification in the Official Gazette.

Step – 16 NIT to acquire lands of the land owners unwilling to participate in the IS • NIT shall proceed to acquire the land owners who have not submitted the MOUs and Final Agreements. • NIT shall submit the proposal to the Collector, Nagpur for land acquisition for implementing the IS • The entire proceedings of the land acquisition shall be completed within a period of 3 years from the date of sanction of the IS.

Step – 17 NIT to get the IS Land Records updated • Upon receipt of the Final Agreements and completion of 60 days from the date of sanction of the IS NIT will submit the entire sanctioned IS documents to the Collector / LRD to update the land records – new 7 x 12 documents for the FPs will be prepared and issued to the land owners. The old 7 x 12 documents will cease to exist.

Process to Prepare Improvement Schemes, HCPDPM 5