Draft Improvement Scheme No. 1 Khadka-Kirmiti- Shivmadkha-Panjari-Sumthana, Nagpur Submission to the State Government under Section 43, NIT Act 1936 Part – 1B Policies and Process Nagpur Improvement Trust (NIT) February 2013 Prepared by: HCP Design, Planning and Management Pvt. Ltd. Halcrow A CH2M HILL Company Knight Frank Pvt. Ltd Crisil Risk and Infrastructure Solutions Ltd. CONTENTS A Process to Prepare Improvement Schemes B Policy Document for Improvement Schemes C Memorandum of Understanding with Land Owners on Submission to State Government D Final Agreement with Land Owners after Approval by State Government A Process to Prepare Improvement Schemes in the Nagpur 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) • 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), Nagpur Improvement Trust, NIT Cultural Complex, North Ambazari Road, Opp NIT Swimming Pool, Nagpur 440010. 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, NIT Cultural Complex, North Ambazari Road, Opp NIT Swimming Pool, Nagpur 440010. 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, Hingna, Tahsil Hingna, Distt. Nagpur HCP Design, Planning and Management Pvt Ltd. Page | 1 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. 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, NIT Cultural Complex, North Ambazari Road, Opp NIT Swimming Pool, Nagpur 440010. 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. 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. HCP Design, Planning and Management Pvt Ltd. Page | 2 • 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. • 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 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 HCP Design, Planning and Management Pvt Ltd. Page | 3 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. 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. 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.