IMPROVING OF LAND ACQUISITION PROCEDURE IN MAJOR CONSTRUCTION PROJECTS MASTER OF SCIENCE IN CONSTRUCTION PROJECT MANAGEMENT L A N S P Jayawardena Department of Civil Engineering University of Moratuwa July 2022 i IMPROVING OF LAND ACQUISITION PROCEDURE IN MAJOR CONSTRUCTION PROJECTS BY L A N S P Jayawardena Supervised by Dr. Chandana Siriwardena “This dissertation was submitted to the Department of Civil Engineering of the University of Moratuwa in partial fulfilment of the requirement for the Master of Science in Construction Project Management” Department of Civil Engineering University of Moratuwa July 2022 ii DECLARATION I certify that this thesis does not incorporate without acknowledgement any material previously submitted for a degree or diploma in any university to the best of my knowledge and believe it does not contain any material previously published, written or orally communicated by another person or myself except where due reference is made in the text. I also hereby give consent for my dissertation, if accepted, to be made available for photocopying and for inter library loans, and for the title and summary to be available to outside organizations. ……………………………………. …..........………………… Signature of the candidate Date The above particulars are correct, to the best of my knowledge. ……………………………………. …..........………………… Signature of the Supervisor Date iii DEDICATION DEDICATED TO MY LOVING MOTHER AND FATHER FOR THEIR PAINS AND TEARS THAT PROVIDED PROTECTION, GUIDANCE AND GROWING UP OF SEVEN GEMS iv ACKNOWLEDGEMENT The encouragements and guidance extended from the beginning, to accomplish this endeavor by my supervisor Dr.Chandana Siriwardena, Senior Lecturer, Department of Civil Engineering, University of Moratuwa, is highly appreciated first, for his invaluable service. I gratitude Prof. A.A.D.A.J. Perera and Prof. C. Jayasinghe, Senior professors of University of Moratuwa, for discharging their continuous kind instructions to fulfill my achievement. All the officers and my friends in Ministry of land, Ministry of Megapolis and Western Development, Road Development authority, Department of Surveying, Divisional secretariats, Department of valuation, who expressed their fullest corporation and contribution throughout the period of research is highly appreciated. All the academic staff as well as the non-academic staff of the Faculty of Engineering, University of Moratuwa also deserved to admire for their great assistance. Finally, I remember the silent support by my wife and two daughters and family members who encourage me to make this event success. v ABSTRACT With the view of wining the global economic race and achieving inspiration of the nation, Sri Lanka is undergoing several number of major construction projects all over the country. It is one of the key ways of investment process that leads towards growth of economic of the country consequently. Thus, the completion of the construction phase in time, is important to commence the next scheduled process of the chain. This phase of development requires the government to use private lands for development projects in addition to the use of state lands. It is the responsibility of the government to acquire the private land as appropriate as well as recognize and emphasize the need to secure the rights of persons who have been acquired private land restore their live hood and resettlement. It is necessary that all the parties such as acquiring officers, project development officers, affected persons gain a comprehensive knowledge on the legal process of acquisition of private lands, particularly methodologies for valuation of acquired properties, determination of entitlements for compensation, compensation payment procedures, of LARC and super LARC procedures as it would facilitate a smooth implementation of the entire process. It would further help facilitate their participation in the development process in effective and efficient. As development is ultimately intended for the wellbeing of the people, it should be implemented with least inconvenience to the people so that development projects can win the support and confidence assuring sustainable development. Land acquisition is one of the main components having considerable impact for these development projects. The land value has gone up compared to few decade bake and people are keen on their lands now. Hence, it is much difficult to handle land matters relevant to development matters. The original schedule of the Colombo – Katunayaka express way project was delayed for more than ten years and the government had to compensate huge amount of money to the duly awarded contractor as the land acquisition matter could not attended as scheduled. During this research, the topic is studied in two main aspects that ;Technical issues and Safeguard issues. The main organizations involved in the land acquisition process such as Divisional secretariats, Department of Valuation, Department of Surveying, Printing vi corporation, Ministry of lands, Ministry of public Administration, were closely considered during the research. Although the developments projects were delayed due to delay in Land Acquisition it has not recognized/highlighted or count the real reason. Hence, studying and evaluating of the ways and means of smooth and efficient Land Acquisition process which get benefit each stakeholder for better future of the country. vii Table of Contents Front Page i Declaration ii Dedication iii Acknowledgement iv Abstract v Table of Contents vii List of Figures x List of Tables xi List of Abbreviations xii List of Annexures xiii CHAPTER 01 - INTRODUCTION 1.1 Background of the Research problem 1 1.2 Private Land Acquisition for the Developments 2 1.3 Land Acquisition Experiences in Major Construction Projects. 2 1.4 Stakeholders Involved in Land Acquisition 2 1.5 Identification of Objectives 4 1.6 Outline of the Research 5 1.7 Method of Study Adopted 5 1.8 Previous Literature Attempts 6 1.9 Expected Results from the Study 6 1.10 Research Gap 6 CHAPTER 02 - LITERATURE REVIEW 2.1 Introduction 8 2 2 Legislative and Policy Framework for Acquisition of Land 8 2.2.1 The Land Acquisition Act of 1950 (LAA) and Subsequent Regulations and Amendments 10 2.2.2 LAA Regulations in 2008 11 2.2.3 LAA Regulations in 2013 12 viii 2.2.4 National Involuntary Resettlement policy 2001 13 2.2.5 Land Development Ordinance (1935) 14 2.2.6 State Land Ordinance No 8 of 1947 15 2.2.7 Prescriptive Ordinance No 22 (1871) 15 2.2.8 National Environmental Act No 47 of 1980 (NEA) 16 2.2.9 ADB Safeguard Policy Statement 2009 16 2.2.10 Basic Principles in NIRP and Safeguard Policy Statement 2009 18 2.3 Land Acquisition Process and Procedures 19 2.4 Distinguish LAA 1950, NIRP 2001 and ADB Safeguard Policy Statement,2009 29 2.5 Institutional Engagement 31 2.5.1 Divisional Secretariats 31 2.5.2 Department of Survrying 32 2.5.3 Department of Valuation 32 2.5.4 Project Management Unit (PMU) 33 2.5.5 Difficulties encountered by the supporting Institutions during the process 34 2.6 Judicial Involvement in the Process 34 2.7 Land Acquisition on other countries 36 2.7.1 The Land Tenure System in China 37 2.7.2 Compulsory Land Acquisition in China 37 2.7.3 Acquisition of Farmland in china 38 2.7.4 Acquisition of Urban Land in china 39 2.8 Review Major Projects in Sri Lanka 39 2.8.1 The Central Expressway Project (CEP) 40 2.8.2 Southern Highway 41 2.8.3 Strategic Cities Development Project 43 2.8.4 Upper Kothmale Hydro Power Project 43 ix CHAPTER 03 - METHODOLOGY OF STUDY 3.1 Introduction 45 3.2 Collecting of primary data 46 3.3 Collecting of secondary data 47 3.4 Questionnaire Form of the Survey 47 CHAPTER 04 – DATA ANALYSIS AND DISCUSSION OF RESULTS 4.1 Assistance and Comparison with previous Researches 51 4.2 Analysis of Output 53 CHAPTER 05 - CONCLUSION AND RECOMMENDATIONS 61 List of References 64 Appendixes Appendix 1 Questionnaire related to Administration Officers 67 Appendix 2 Questionnaire related to affected parties 71 Appendix 3 Land Acquisitions Regulation 2008 74 Appendix 4 Land Acquisition Regulation 2013 75 x LIST OF FIGURES Figure 01: Outline of the Research 5 Figure 02 : Land Acquisition in China 1995-1999 38 Figure 03: Land Acquisition Floor Chart 50 Figure 04 : Experience of Responded Stakeholders 51 Figure 05 : Diversity of Responded Stake holders 52 Figure 06 : Profession of Respondents 52 Figure 07: Awareness on Land Acquisition Procedure of Respondents 53 Figure 08: Affected people's relief method as per responded Aps 54 Figure 09 : Respondents satisfaction about relief. 54 Figure 10 : Respondents general view on Compensation/Resettlement 55 xi LIST OF TABLES Table 1: Land Acquisition Sequence and Responsible 10 Table 2: Losses during Land Acquisition 18 Table 3: Distinguish key parameters of Land acquisition Act 1950 Vs. National Involuntary Resettlement Policy 2001 and ADB Safeguard policy 2009 30 Table 4: Demographic Data of Four Province 40 Table 5: Project Cost Increases in Godagama-Kottawa section 42 Table 6: Compensation Payment by the LARC of STDP during November 2000 56 Table 7: Repercussions on land acquisition on STDP project 57 Table 8: Delay on land acquisition at STDP project wit compared to revised program. 58 Table 9 : Factors to be taken into account for calculating of Loss Factor due to delay in a Highway project 59 Table 10: Factors to be taken into account during calculation Loss Factor due to delay in a Hydro power project 60 xii LIST OF ABRIVIATIONS ADB Asian Development Bank CEA Central Environmental Authority DS Divisional Secretary GOSL Government of Sri Lanka GRC Grievance Redress Committee LAA Land Acquisition Act LARC Land Acquisition and Resettlement Committee NEA National Environmental Act NGO Non-governmental Organization NIRP National Involuntary Resettlement Policy PD Project Director PMU Project Management Unit RF Resettlement Framework RDA Road Development Authority ROW Right-of-Way UDA Urban Development Authority xiii LIST OF ANNEXURES Appendix 1 Questioner related to Administration Officers 73 Appendix 2 Questioner related to Affected Parties 77 Appendix 3 Land Acquisition Regulations 2008 80 Appendix 4 Land Acquisition Regulations 2013 81