Land Procurement

Alternate Model

Chintan Shivir
17-18 Feb. 2020

Vinod K Tiwari
Additional Secretary, Ministry of Coal 1
Land Procurement - Alternate Models
Background
 Coal Occurrence Site Specific and Land an input to
coal production.
 RFCTLAAR ACT 2013 mandated compensation & RR
cost increased by 14-16 % of initial Capital Outlay.
 Land cost in CPT enhanced from 5-10% to 30-40%
 Delayed land procurement delays project start -
escalates project cost.
 Demand for permanent job - each family member.
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Situation Analysis
 Non-displacing land acquisition (part land acquired)
- No displacement but compensation and RR
benefits paid for part land acquired – not entitled
for employment - villagers demanding deemed land
acquisition to claim employment (Odisha).
 Employment demand being linked to Per Unit of
land acquired (say one employment per 2 acre) –
despite exhausting all employable family members,
families still want right to all (remaining) such
employment and trade this (balance) right.
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 Production Loss due to land (non)-procurement
Area in Ha; Production in MT
2017-18 2018-19 2019-20 (Till Dec)
Subs. Denied Prodn Denied Denied
Prodn Loss Prodn Loss
Phy. Poss Loss Phy. Poss Phy. Poss
ECL 10.04 2.64 8 2.07 7.5 2
BCCL 26.3 7.1 26.8 7.5 20.4 5.7
CCL 0 0 0 0 50 3
NCL 0 0 0 0 79 0
WCL 0 0 0 0 0 0
SECL 126.1 5.68 192.5 6.97 291.8 19
MCL 200 10 200 16 264.7 21.6
Total 362.4 25.42 427.3 32.5 713.3 51.3
Physical Possession denied even after providing R&R benefits over &
above Schedule I, II, II of RFCTLARR Act 2013/Order2015
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 Situation Analysis….

 Local level agitations with all kinds of demands and

frequent work disruptions common.
 Agitation/Work disruption - RR based employee of
no help; instead participate in agitation.
 In general - Higher efficiency in contract mode than
departmental (with some exceptions).
 Actual employment offered far exceeds sustainable
ratio (per mine 150-170 employees - outsourcing).

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 Situation Analysis….
 Time lag between employment becoming due vis-à-
vis actual event.
 Age of employment seekers varies greatly.
 High cost/gestation in Training & Capacity Building
for fresh RR based employees – due to absence of
prior-skilling and prior-training.

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 Land-Use and Land-Use Change
 Land under Forests and Agricultural shrinking – no
replacement. Land-Use Change max from these two
categories. Increased Yield based Land productivity
restoration degrades remaining agri-land and brings
other associated problems.
 Large chunks of mined lands pending for reclamation
and restoration – no monitoring, no fear, no driver,
no incentive and no initiative.
 Moratorium on land development and transaction
once acquisition starts.
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Land Management issues
 No provision for returning acquired land even
when no longer required – a disincentive to
reclamation.
 No management of huge tracts of lands unutilized
(both acquired but not used, and de-coaled).
 Fresh/further unrest/ work disruption
unaffordable. Already enough.
 Frequent and permanent displacement – can it be
avoided to extent possible?

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 Land Management issues…..
 Coal as resource has limited future, less than total
service period of a fresh employee.
 Land resource – limited, scarce, highly emotive
and highly politicized.
 Requires re-think on land procurement
(without creating unrest).

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Land and R&R status of CIL

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Land Acquired/Possessed by CIL & its Subsidiaries
(up to 31.12.2019)
(Area in Ha.)

Period Status Area Diff (area & %)

PRE- Acqrd 60,165 17,350 ha

NATIONALISATION Possd 42,815 71.16%
POST Acqrd 2,10,603 87,524 ha
NATIONALISATION Possd 1,23,079 58.44%
Acqrd 2,70,768 1,04,874 ha
TOTAL LAND
Possd 1,65,894 61.27%
Employment given for land 75,034
Comes to 1 Employment per 5.5 acre
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 Mining Right/ Lease
16,927 / 5%

Fig in
Ha.

1,72,059 / 49%
1,59,415 / 46%

Mining Right under CBA (A&D) Act 1957

Mining Lease under Nationalisation Act
Mining Lease Obtained under MMDR Act / MC Rule
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 Year Wise Land Requirement CIL
(1 BT Production Plan) Area in Ha.

Year Forest Govt. Tenancy TOTAL

2020-21 4,292 962 4,056 9,311
2021-22 5,418 737 5,609 11,765
2022-23 4,079 548 3,845 8,473
2023-24 2,797 480 4,444 7,722
Total 16,587 2,729 17,955 37,272
Emp. slots @1 Job/2 acre Tenncy land= No. 22,174
PAF No. 42,537
Employable Adults/PAF (Conservative) 2
Likely quantum of emp. demand 85,074
Challenge foreseeable!!!
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 R&R Requirement
(1 BT Program)
No. of villages 81
2020-21
No. of PAFs 8,765
No. of villages 80
2021-22
No. of PAFs 11,293
No. of villages 73
2022-23
No. of PAFs 11,389
No. of villages 63
2023-24
No. of PAFs 11,090
No. of villages 297
Total in 4 yrs
No. of PAFs 42,537

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Existing Mode of Land Acquisition

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 Rights required for coal mining
Surface Rights (Land) Mining Rights (Sub soil)
 CMN Act, 1973 o Coal Mines Nationalisation
Act (Coking & Non-coking)
 CCMN Act, 1972
o MMDR Act
 L.A. Act, 1894 (now RFCTLARRA
Act, 2013) o CBA (A&D), 1957
 CBA (A&D) Act, 1957
 State Code
 Direct Purchase
 Long term transfer/lease of Govt.
land.
 Forestland - FC Act 1980

*Land includes, Tenancy Land, State

Govt Land, Forest Land 16
Land Procurement Models

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 Options for land procurement
 Surface Right of tenancy land
 Acquisition – Most used
 Out right purchase / Direct Purchase – Seldom used
 Land Lease – Rent – Not used
 Surface right of Govt. land
 Long term lease
 Perpetual lease
 Forestland use change and diversion

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 Alternatives Available
 Model adopted by RWE Power, Germany:
Re-Cultivation of Mined out Land and Return to
original owners (successors)
 Annuity
 Revenue/Profit Sharing – Direct stake in Mine
 Local Area Development Fund, HP
 Commutation of land lease rent
 Periodic increase in lease rent

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 Lease on land rent basis
 Lease on a predetermined rent for required period
- Periodic Rent Revision
 Return - duly reclaimed
 Feasible for non-residential areas
 For residential areas - alternate residential facility
with all amenities
 Land rent – less than purchase/acquisition cost

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Local Area Development Fund (LADF)
Himachal Pradesh

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 Local Area Development Fund (LADF) model
of Himachal Pradesh
 When CSR wasn’t Mandatory – HP introduced LADF
 Applicable on Hydro-Electric Projects
 HP Hydro Power Policy, 2006 – Construction Phase -
contribution to LADF –
– 1.5% of project cost (above 5 MW)
– 1% of project cost (up to 5 MW)
 In 2011, GoHP issued new LADF guidelines – applicable
to Operation Phase also.
 Made provision for 1% free power component to LADF
– Operation Phase – about 40 years
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 HP LADF model....
 Allotted amount direct cash transfer to all families of
Project Affected Area.
– 85% equally among the long term residents of GP
– 15% to BPL families in PAA, over and above 85%.
 Family as standing in Panchayat Parivar Register (PPR)
on cut-off date (land acquisition notice issued only
when papers accompanied by a certified copy of PPR);
Bank A/C details also obtained.
 PP entitled to claim/deduct damages (from Op. Phase
LADF) for obstruction of work by local people during
construction phase of project.

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Model adopted by RWE Power, Germany:
Re-Cultivation of Mined out Land

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Model adopted by RWE Power, Germany:
Re-Cultivation of Mined out Land

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Model adopted by RWE Power, Germany:
Re-Cultivation of Mined out Land

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Model adopted by RWE Power, Germany:
Re-Cultivation of Mined out Land

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Model adopted by RWE Power, Germany:
Re-Cultivation of Mined out Land

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Model adopted by RWE Power, Germany:
Re-Cultivation of Mined out Land

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 Model adopted by RWE Power, Germany:
Re-Cultivation of Mined out Land
 Recording of Pre-mining Condition: involving Govt.
agency;
 During mining operation topsoil stacked separately;
 Spreading of OB & topsoil in de-coaled area in
uniform compact layers;
 Efforts to gain original fertility of land through
farming – 7 to 10 yrs
 Engagement of Land Oustees – temporarily in
horticulture jobs at project;

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 RWE Power, Germany Model....
 Restoration process completes only when chemical
composition of soil and surface topography attained
the level of pre-mining condition
 Land owners resettled back post-restoration:
resulting in no change in social/demographic
structure of the village;
 Right on the land never changes in the process

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Way Forward – Alternate Model Proposed
 Alternate Model Proposed
Best mix of many available options
 Necessary legal framework to support the model, if not
available, shall be created.
 Typically a 1 MT project with strike length of 2 kM
advances 150m to 200m every year.
 8-10 years to de-coal, move mine front safely away.
 In some cases, duration may be more, where land is
required for haul road and mine infrastructure.
 Land duly reclaimed/restored returned after de-coaling.
 Date to return land, recorded prior to possession.
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 New Model - Way Forward….
 Recording of pre-mining surface topography, soil
composition, soil fertility (crop yield per unit area)
through Govt. Machinery.
 Compensation for the period of use to be paid in some
form – Leasehold/lease-rent/simple rental basis (legal
provisions may be required).
 Payment for Land on monthly/annual basis –
commutation option to be made available.
 Periodic revision of rent as per land revenue
practice/code of the State.

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 New Model - Way Forward….
 Creating Direct stake of PAFs in Coal Mine through
Revenue Sharing (in % terms) -
 only from concerned Mine’s operation.
 as DBT to PAFs’ account.
 for life of mine.
 Revenue Share amount: 10% of Mine revenue.
 Obstruction to work by local people to result in
proportionate loss of revenue share.
 No employment against land procurement.
 If employed, only Land Rent i/c upfront payment.
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 New Model - Way Forward….
 Optional engagement of PAF in horticulture/farming
– farming skill retained, sustaining farm produce
availability in area.
 PAFs may start pilot framing for reclaiming/restoring
de-coaled and backfilled void;
 For such farming an amount equal to salary of Cat-I
(of CIL) payable for a period of 4 years.
 Additional RR benefits may be extended viz. facility in
project hospitals, schools, Skill development,
vocational training etc.
 Reclamation/restoration integral to land procurement
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 New Model - Way Forward….

Reclamation/restoration Process
 Mining Company to Spread OB & topsoil in de-coaled area
in uniform compact layers.
 Restoration completes only when chemical composition of
soil and surface topography restores to pre-mining level.
 Efforts to gain the original fertility of land through mix of
pilot and natural farming in 8-10 years.
 To overcome OB swell factor, sand production plan (Sand
Mining framework - Ministry of Mines) may be introduced.
 State Govts. may restrict riverbed mining in favor of lifting
of sand from OB.

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Win-Win for ALL

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 For Coal Companies
Reduced Initial Capital Outlay & cost of production
Reduced Local level agitations/work disruptions
Land owners interest in smooth functioning of Mine
No obligation for permanent employment - Reduced
overhead cost
Obliged to restore/reclaim, return de-coaled land
Reduced T&CB cost from employing untrained land
losers
No issue of encroachment over un-utilized land

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 For Land Owners
 Transformation from employee to stake-owner
 No loss of land or social fabric
 Social status improves or at least remains intact
 Planned, modern Residential Resettlement Area
 Direct Stake of land owners; they become
shareholder & receive amount linked to revenue
collection from mine.
 Will have Money, spare time and opportunity to
start business, pursue alternate vocation, allied
agricultural activities, improving farming

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 For Land Owners.....
 Secured earning:
o Upfront Payment: 20% of the Land Cost
o Remaining 80% in form of Annuity
o Revenue share DBT @ 10 % of mine revenue
o Payment for pilot framing @ Rs. 15,000/- per
month
 Land ownership never changes: Intact village
Social structure; Emotional connect to land &
surroundings remains protected.
 Post-reclamation, land returned to land owners.

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 For Land Owners….
 Possibility of business proliferation through the
commuted income; in form of share based income in
CHP (creating local stake in CHP will see road
transport diminish); other mining & allied activities;
 Substantial enhancement in rural income: may
become an important driver for local economy;
 Farming resumes on return of land, no change of
profession. Middle aged farmers unable to re-skill
themselves for a new profession;

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New Model – Cost Benefit Analysis

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 New Model: Cost Benefit: Assumptions
Dhuptala OC of WCL

Production Capacity : 2.50 Mty

Stripping Ratio : 5.34 m3/t
Sale Price : 1200 Rs./t
21 years
Life : (2 yrs of contn. &
19 yrs of prodn.)
825 ha tenancy land
Land :
+ 50 ha Govt. land
Employment against land 1018
:
acquisition (@ 1 job/2 acre land)
Manpower required in the
: 174
Project 44
 Cost Benefit: Assumptions
Alternative - I Alternative - II
Cost of Tenancy Land incl. Upfront Payment 20% of Land Cost
compen. = Rs. 369.73 Cr. = Rs. 73.94 Cr.
Cost of Govt. Land and Village Cost of Govt. Land and Village
Rehabilitation = Rs. 174.28 Cr Rehabilitation = Rs. 174.28 Cr.
Surplus Manpower loaded in Rental cost of Land (80% of land
project = 1018 – 174 = 844 cost in Annuity) = 14.09 Cr. per
with CTC of Rs. 7.037 lakhs per annum (for 21 yrs)
annum per person = 59.39 Revenue Share from Mine @10% of
crores per annum gross revenue = Rs. 29.97 Cr. per
annum (for 19 yrs)
Cost of Temporary engagement/
Horticulture (= Rs. 15000 per
PAF/month) (for 19 yrs)
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 Cost Benefit: Cost Per Tonne
Fig in Rs./te
Particulars Existing Model New Model
Cost of Govt. Land and Village
123.05 123.05
Rehabilitation
Cost of Capital for Tenancy Land
324.61 68.66
Acquisition/ Upfront Payment @20%
Land Rent Cost (80% in Annuity) 0.00 103.94
Revenue Share (@10%) 0.00 126.79
Cost of Temporary engagement @
0.00 128.72
Rs. 15,000/- per person per month
Inflow from DMF: @75% of DMF
0.00 (-) 13.26
collection from the Mine
Cost of Surplus 844 manpower (@
358.26 0.00
CTC of 7.037 lakh / annum)
Cost Per Tonne (incl. Op. Cost) 2005.36 1737.34
% of Land Component in CPT 40.19 % 30.90 %46
 Package for PAF: Earning Per Acre
Rs. Lakhs per Annum

Present Proposed
Land Compensation (LC) 0.86
@ Rs. 18.15 Lakh (one time) ~ Rs. 7200/- per mon
Upfront (@20% of LC) 0.17
Land Rent (@80% LC) 0.69
Category –I Wage (@ Rs. 26400/- Basic & 1.80
14% DA) per Months for 2 acre of land

Revenue Sharing 1.47

@ 10% of Gross revenue

Horticulture /Farming 0.90

@ Rs. 15000/- per /mon for 2 acres of land

Total 2.66 3.23 47

 Package for PAF: Earning Per Acre….
• Earning per Acre increases from Rs. 2.66
Lakh/yr to Rs. 3.23 Lakh/yr, without changing
land ownership pattern & other settings.
• Indicative; Calculated for High Density
Population: further modeling and fine-tuning
will give more options.

Conclusion: Feasible, Attractiveness for

PAFs via sensitivity analysis; should be
tried in field for medium sized mine,
moderate density population.
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New Model – Financing Options

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 New Model – Financing Options
 To be in-built in Project Cost – initial upfront payment
 Annual Land Rent – from Annual Cash Flows
 Revenue Share: -
 From Project’s Annual Cash Flows
 DBT from/in lieu of part of DMF
 Revenue Share allotted as a cash transfer to PAFs:
 85% equally among PAFs of Gram Panchayat
 15% to BPL families among PAF over & above 85%.

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 New Model – Financing Options
 To be in-built in Project Cost
 Additional Financing from DMF
 DMF money for DBT to PAFs as part of Revenue Share
 The amount is allotted as a cash transfer to PAFs:
– 85% equally among the long term residents of
Gram Panchayat
– 15% to BPL families in the Project Affected Area,
over and above 85%.

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 Utilisation of DMF
 Mining leases executed ​before 12th January, 2015 -
30% of royalty
 Mining leases granted ​after 12th January, 2015​-
10% of the royalty​
 Most Coal Blocks of CIL fall in 30% category
 As on 31 Dec 2019, Out of Rs 35,013 Crs, collected
since inception; Actually Spent – Rs. 11,946 Cr;
Remaining unutilized amount Rs. 23,066 Cr.

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 Utilisation of DMF ....
 DMF for entire life of mine; hence, huge amount to
accrue for a small area.
 DMF target area is too small for this large amount.
 Several development programmes also running
parallel in the same area.
 Coal bearing areas - mostly Tribal Area – has
earmarked non-lapsable dedicated fund.
 DMF activities largely infrastructure related.
 Saturation reaches in two to three years.

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 Utilisation of DMF ....
 DMF works executed through contractors – no direct
benefit to local communities.
 Part of DMF fund disbursement to PAFs as DBT most
desirable.
 Availability of liquid cash in local market bound to
boost several economic activities.
 DMF allocation
 First 3 years – 100 % to Local Infrastructure
 After 3 years – 25 % to Local Infrastructure and 75 %
as DBT to PAFs (debitable against Revenue Share
from mine)
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 Ask ?

Don’t hesitate. Even Einstein asked questions.

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