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Thursday, June 23, 2022

Part III - Sections 10 to 23 of the Land Rehabilitation Act of 2013

 


FOOD SECURITY – S. 10

 

• No irrigated multi-cropped land can be acquired unless it is being done under exceptional circumstances and as a matter of last resort. Such circumstances will have to be specified.

• When irrigated multi-cropped land is acquired, equivalent area of a wasteland shall be developed for agricultural purposes or amount equivalent to value of the land will be deposited for investment in agriculture.

 

PRELIMINARY NOTIFICATION – S. 11

 

• Whenever the Government thinks fit that a land area is required for public purposes, it will issue a notification in the local language and official gazette.

• After issuing the notification, the Gram Sabha shall be informed by calling a meeting.

• Once Notification under S. 11 is issued, no person shall sell or dispose of or buy or transact in the land designated for acquisition, without express permission of the Collector.

• Any loss or injury suffered by any person due to his wilful violation of this provision shall not be made up by the Collector.

 

LAPSE OF SOCIAL IMPACT ASSESSMENT REPORT – S. 14

 

• If Preliminary Notification under S. 11 is not issued within twelve months from the date of Appraisal of SIA Report under S. 7 by Expert Group, then such SIA Report shall be deemed to have lapsed and a fresh SIA will be required to be conducted prior to acquisition under S. 11.

• 12 Months period can be extended depending upon circumstances and reasons recorded in writing.

 

HEARING OF OBJECTIONS – S. 15

 

After publication of S. 11 Preliminary Notification, any interested person may within sixty days object to: -

• The area and suitability of land proposed to be acquired.

• Justification offered for public purpose.

• The findings of the Social Impact Assessment Report.

 

Every such objection shall be made to the Collector in writing and an opportunity of hearing in Person or through Agent or Advocate shall be given. The Collector shall enquire into the matter and make report to the Government containing his recommendations along with: -

• Approximate cost of land acquisition.

• Particulars of affected families.

• The decision of Government on Objections shall be final.

 

PUBLIC HEARING UNDER S. 16

 

The Administrator for Rehabilitation and Resettlement shall conduct a Survey that shall include: -

• Particulars of lands of affected families.

• Livelihood loss of dependents on the land.

• Details of infrastructure that will be affected.

• Other details.

 

Such Report of Survey shall be made public in the affected area to the Gram Sabha or Municipalities. A Public Hearing shall also be conducted in every Gram Sabha or Municipality where land is being acquired. After Public Hearing, a Report shall be submitted to the Collector indicating the claims and objections.

 

PUBLICATION OF DECLARATION – S. 19

 

• After completing the formalities under S. 15 (Hearing of Objections), a Declaration shall be made stating and identifying the Resettlement Area for the affected families along with other relevant declarations depending upon the facts and circumstances.

• Prior to Publication of Declaration, the Body or Entity for which the land is acquired shall mandatorily deposit an amount towards the cost of land acquisition.

• Such Publication of Declaration is to take place within a period of twelve months from the date of Publication of S. 11 Preliminary Notification. Prior to Publication of Declaration, the Body or Entity for which the land is acquired shall mandatorily deposit an amount towards the cost of land acquisition.

• Such Publication of Declaration is to take place within a period of twelve months from the date of Publication of S. 11 Preliminary Notification, failing which such Notification shall be deemed to have been rescinded. Such period of twelve months may be extended by the government upon valid reasons to be recorded in writing. Further, such extension of period shall be notified and uploaded on the website.

 

NOTICE TO PERSONS INTERESTED – S. 21

 

• The Collector shall publish another Public Notice stating the intention of the government to take possession of the land and to invite claims to compensation of interested persons.

• Such Public Notice shall provide a minimum time frame of 30 days and not more than six months after the date of publication of the Public, to the interested persons.

 

ENQUIRY AND AWARD BY COLLECTOR – S. 23

 

After receiving claims under S. 21, the Collector shall enquire into them and shall make an Award providing: -

• The true area of the land.

• The Compensation as determined.

• The apportionment of the said compensation among the concerned persons.


Part - I - Basic Provisions of of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Part II - Social Impact Assessment under the Land Rehabilitation Act of 2013 and Other Provisions

Part III - Basic Procedure under the Land Rehabilitation Act of 2013 and Other Provisions

Part IV - Determination of Market Value and Other Provisions under the Land Rehabilitation Act of 2013 and Other Provisions

Part V - Rehabilitation, Resettlement, Land Acquisition Authority and Appeal under the Land Rehabilitation Act of 2013 

Part VI - Compensation, Offences, Penalties and Miscellaneous Provisions under the Land Rehabilitation Act of 2013 

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