CRITICAL ANALYSIS OF

LAND ACQUISITION IN
JAYAKWADI PROJECT
LAND LAWS

FEBRUARY 28

Dr Sanket. S. Manerikar
SYLLB Roll 30

1
CRITICAL ANALYSIS OF LAND ACQUISITION IN JAYAKWADI PROJECT

INTRODUCTION

The plan to build a dam on Godavari river in the drought-prone Marathwada region was first
conceived during rule of state of Hyderabad. The plan was to build a dam in Beed district near
Jayakwadi village with storage capacity of 2,147 MCM (million cubic meters). The project came to
be known as Jayakwadi project after the name of the village. However, after formation of new
state of Maharashtra and comparative analysis on alternative places, it was decided to build a dam
100 km upstream at Paithan. The project was continued to name as Jayakwadi even after it was
shifted to a new location. Building dam at higher level made it possible to have longer canals and
thus providing irrigation facility to a larger region. The project proposal for this was completed by
1964.

The foundation of the dam was laid by the then Prime minister of India Lal Bahadur Shastri on 18
October 1965. The dam was inaugurated on 24 February 1976 by the then Prime minister Indira
Gandhi.

Official name Jayakwadi-I D02995

Location Jayakwadi, Maharashtra

India

Coordinates 19°29′8.7″N75°22′12″E

Construction began 1965

Opening date 1976 [1]

Construction cost 4,700 cr [2]

Owner(s) Government of Maharashtra

Dam and spillways

Type of dam Earthen dam

Impounds Godavari River

Height 41.30 m (135 ft)

Length 9,998 m (32,802 ft)

2
Reservoir

Creates Nath Sagar Jalashay

Total capacity 2.909 km3 (1.027×1011 cu ft)

Catchment area 21,750 km2 (8,398 sq mi)

Surface area 350 km2 (135 sq mi)

Power Station

Installed capacity 12 MW

Purpose

Jayakwadi project is a multipurpose project.

• The main purpose was to irrigate land for agriculture in the drought prone Marathwada
region of Maharashtra state.

• Other important purpose was to provide water for drinking and industrial usage to nearby
towns and villages and to the municipalities and industrial areas of Aurangabad and Jalna.

• 80% of water of dam is allocated for irrigation, 5-7% for drinking water and the rest for
industrial purposes.

• Hydroelectric Power station to increase the state electricity output generation to keep up
with the increasing demands of industrialization.

The average daily discharge of the dam is around 1.36 MCM, of which 0.05 MCM of water is supplied
to the MIDC area, 0.15 MCM is distributed to fulfill the needs of Aurangabad, while the remaining
amount is lost in evaporation.

3
Land acquisition and Rehabilitation which was proposed

SUBMERGENCE AREA
The submergence area was worked out to be 7982 Ha ( 197620 Acres )
Owned by the Cultivators would be submerged the compensation towards the acquisition of this
culturable area were proposed as

• The land was to be acquired giving sufficient time so as to allow the land owners to make
arrangements for purchasing alternate land.
• Neither important forests nor any big town was affected by the water spread of the reservoir.
• Regarding the acquisition of properties, the villages and structures which affected at 4 Ft
vertical or 200 ft horizontal whichever was less were proposed to be acquired.
• Accordingly 17 villages ( 2 Villages being deserted ) were rehabilitated.
• All these villages are from the Majalgaon Taluka of Bhir District.
• The details of the villages along with the number of houses and population to rehabilitated.
• No major road or Railway are affected by the water spread of the reservoir.
• The expenditure towards the acquisition of alternate plots for residential houses of the
affected persons, public amenities such as providing water supply to new gaothans,
Chawadis, Schools were to be provided at project cost.
• In order to assure proper rehabilitation of project affected persons, Government of
Maharasthra has appointed a separate Directorate for rehabilitation.
• The Collectors of the concerned Districts were appointed as Deputy Directors while the Chief
Executive officers of the concerned Zilla Parishad were appointed as Deputy Directors
Rehabilitation ( Development ).
• These two officers were assisted by Special Land Acquisition Officers and Rehabilitation
Officers for proper rehabilitation of the project affected persons.
• A Resettlement Advisory Committee consisting of non-official members from the affected
area and concerned officers was also formed to advise Government for taking necessary steps
in connection with the proper rehabilitation of the persons.

LAND FOR CONSTRUCTION

In addition to the submergence area under Majalgaon reservoir, land for the construction of the head
works and canals were to-be acquired. It includes the land under seat of dam, borrow areas, quarries,
colonies and area for construction of channels
•This acquisition was not likely to create any rehabilitation problems

4
DATA OF VILLAGES AFFECTED

SR.NO VILLAGE NAME AREA (HA) POPULATION No. OF HOUSES

1 DHORGAON 404 650 96

2 NANDUR 191 110 18
3 CHINCHGAON 405 396 74
4 SHEALPURI 408 483 84
5 BRAHMGAON 499 544 94
6 DEVGAON 266 904 165
7 PUNANGAON 140 400 117
8 BRAHMGAON 211 DESERTED -
9 RENAPURI 344 349 39
10 MANGRUL 1550 2413 489
11 KADIWADGAON 540 1138 189
12 PIMPALGAON PHUL 380 357 64
13 EKDARE 290 941 178
14 TELGAON 35 452 80
15 DEOKHEDA 102 645 56
16 SAWARGAON 390 1647 293
17 KHANAPUR 520 585 89
18 KHALWAT NIMGAON 550 1493 274
19 KEDARSANGVI 241 DESERTED -

5
EXPENDITURE FOR LAND ACQUSITION AND REHABILITATION

QUANTITY ITEM RATE PER AMOUNT

(LAKHS)
ACQUISITION OF LAND LIKELY TO
BE SUBMERGED

540 WET LAND 7500 HA 40.50

6874 DRY LAND 4000 HA 274.90
SOLATIUM CHARGES @ 15% 47.25
19 COMPENSATION FOR 30000 VILLAGE 5.70
VILLAGES WELLS,BUNDS,MANGOES,CROPS
ACQUISITION OF STRUCTURES 4000 EACH 95
FROM VILLAGES LIKELY TO BE
SUBMERGED
SOLATIUM CHARGES @ 15% 14.31
17 PROVIDING CIVIC AMENITIES AT 120000 VILLAGE 20.40
VILLAGES GAONTHANS AND OTHER
FACILITIES TO DISPLACED PERSONS
REVENUE ESTABLISHMENT 15.00
JOINT MEASUREMENT SURVEY, 4.00
DEMARCATION OF LAND

TOTAL 517.06

ACTUAL COMPENSATION PAID

• Average rate for Dry lands – 3500/HA.

• Average rate for wet lands – 7500/HA.
• Actual compensation for structures submerged 51.98 lakhs for 1337 structures.
• Civic amenities constructed at new gaonthans including schools, bore wells etc. 1, 20,000.
• Cost for construction of buildings residential and non-residential was 63.50 lakhs.
• Temporary medical Aid setup was 7.50 lakhs.

6
LAND ACQUISITION RULES AND PROCEDURE IN BRIEF

Proposals for private land acquisition are sent to Special Land Acquisition officer. The
proposals are scrutinized and Budget Provision Certificate, Administrative Approval
Certificate, Technical Sanction Orders are also scrutinized. The proposal includes certificates
for “Small Land Holders”, issued by Talathi as well as related information submitted by the
concerned agencies.

After this the proposal is opted for joint measurement. Commissioner’s permission is taken
for land acquisition if the land owner does not agree for it. The objections of land owners
are invited, and resolved.
Under section 9 (1) if any objections are received during the enquiry, they are resolved by
the divisional office of the agency.
Town Planning and Valuation Department evaluates the compensation for the land to be
acquired. The department gives compensation after declaration of the award.
In case of disputes after the payment of compensation between cultivators and title is not
correct then such type compensation is deposited under section 30 of the Land Acquisition
Act 1894 in the name of the District Civil Judge and matter is disposed by the District Judge.

RELEVANT CASE LAWS OF JAYAKWADI PROJECT

1. Uttam Ganpat Ubale vs The State Of Maharashtra on 5 May, 2012 –

contend that their applications for claiming rental compensation and benefit under
Government Resolution dated 2nd April 1979 were kept pending by the concerned
Collectorate / Special Land Acquisition Officers but SC ruled in favour of them awarding
the compensation at appropriate rate of interest.

2. Kadubal Baburao Salunke vs The State Of Maharashtra And Ors. on 15 April, 2019 –
Petitioner was awarded land as compensation and rehabilitation which was alloted to
petitioner’s mother under Land Acquisiton Act.

Various other writ petitions and suits regarding irregularities and delay in allotments were filed
throughout the project tenure.

7
ANALYSIS

This was a huge project to put an end to the hues of the local populace getting them rid of water
scarcity especially when it was observed that the adjacent areas were prone to drought like
conditions due to scarce rainfall and topical layout.

Proper planning prior to the initiation of project including any medical reliefs and planning of
rehabilitation of local populace expanding the horizon of their benefits was done as is seen from
the above data.
As per Sec 4 of the act appropriate notice was circulated, final intention was published under
section 6 and after one year individual notices circulated under section 9
The compensation paid in actual is also more than the tentative budget allotted initially.
No land had to be taken by force as per section 16 and 17 of the act.

The major hurdle was the land acquisition as this project was to benefit the masses on the anvil of
few villages yet as per the Act the government compensated all of them. Majorly leaving apart few
as we can see from the facts and tables mentioned above the project is a success and that the
government is being directed by the court to uphold the rights of those aggrieved and appropriate
compensation is being awarded till date.