PROCEDURE FOR REHABILITATION AND RESETTLEMENT – S. 43 TO S. 47
These
provisions lay down: -
•
The manner of appointment of Administrator.
•
The manner of appointment of Commissioner.
•
The manner of constitution of the Rehabilitation and Resettlement Committee.
•
Contents of the Application to be filed by Interested Persons who want to
purchase land in the affected area.
NATIONAL
MONITORING COMMITTEE FOR REHABILITATION AND RESETTLEMENT – S. 48 TO S. 50
These
provisions deal with: -
•
Constitution of the National Monitoring Committee.
•
Its purpose is to review and monitor the implementation of Rehabilitation and
Resettlement Schemes.
•
Establishment of State Monitoring Committee for Rehabilitation and
Resettlement.
ESTABLISHMENT
OF LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY – S. 51 TO S. 74
These
provisions deal with: -
•
Establishment of Land Acquisition, Rehabilitation and Resettlement Authority.
•
Its purpose, that is to provide speedy disposal of disputes relating to land
acquisition.
•
Composition of Authority, Term, Salary, Allowances and Qualification of its
Members.
POWER
OF THE LAND ACQUISITION AUTHORITY – S. 59 TO 63
•
The Orders passed by the Authority shall be construed as Final.
•
The Authority shall have the powers vested in a Civil Court in respect of
Summoning of persons, discovery and production of documents, evidence,
requisitioning of public record, issuing commissions and other related things.
•
CPC will not be strictly applicable, and the Authority shall have power to
regulate its own procedure.
•
All proceedings before the Authority shall be deemed to be judicial
proceedings.
•
No civil court (other than High Court under article 226 or article 227 of the
Constitution or the Supreme Court) shall have jurisdiction to entertain any
dispute relating to land acquisition in respect of which the Collector or the
Authority is empowered by or under this Act, and no injunction shall be granted
by any court in respect of any such matter. (S. 63)
REFERENCE
TO AUTHORITY – S. 64
Any
person interested who has not accepted the award may prefer a Reference to the
Authority relating to: -
•
Objection to Measurement of Land.
•
Amount of Compensation.
•
Person to whom it is payable.
•
Other rights of Rehabilitation and Resettlements.
•
Apportionment of Compensation.
The
Application of Reference shall be made to the Collector who shall forward it to
the Reference Authority within a period of thirty days. Such Application shall
contain the grounds on which objections to the Award are taken. Such
Application has to be filed within six weeks of the receipt of S. 21 Notice or
within six months from the date of the Collector’s Award, which period expires
first. Such Application may be entertained after expiry of this period till one
year, if there was sufficient cause for not filing it.
REFERENCE
TO AUTHORITY – S. 66 TO S. 68
•
Notice to all the concerned persons and authorities will have to be made by the
Authority for just and proper hearing of the matter.
•
Such proceedings will be conduct in public and Advocates will be entitled to
appear.
•
The scope of enquiry in such proceedings shall be restricted to considering the
objection of the affected persons.
PARAMETERS
DETERMINATION OF AWARD BY AUTHORITY - S. 69
•
Market Value of the Land.
•
Interest that may be awarded.
•
All other parameters as set out in S. 26 to S. 30 such as loss of livelihood,
fishing rights, solatium, damage sustained due to severing of land, damage
sustained due to loss of standing crop, change of residence etc.
FORM
OF AWARD, COSTS AND INTEREST ON EXCESS COMPENSATION – S. 70 TO S. 72
•
Every Award by the Authority shall be deemed to be a Decree and the statement
of grounds shall be deemed to be a Judgment within the meaning of CPC.
•
Costs may be awarded and when Award of the Collector is not upheld, the
Collector shall pay the costs.
•
If in the opinion of the Authority, the Collector has paid excess compensation,
then the Collector may be directed to pay interest on such compensation.
RE-DETERMINATION
OF AMOUNT OF COMPENSATION – S. 73
Where
an Application of any Applicant is allowed by the Authority and excess
compensation is awarded, then the other interested persons who are covered by
the same Preliminary Notification under S.11 can approach the Collector within
3 months to get their amount of compensation re-determined on the basis of
amount of compensation awarded by the Authority.
APPEAL
TO HIGH COURT – S. 74
•
The Requiring Body as well any person aggrieved by the Award passed by the
Authority under S. 69 may file an appeal to the High Court within 60 days from
the date of such Award.
•
The Limitation may be extended by the High Court for 60 days but not more.
•
Every such appeal shall be preferable decided within a period of six months
from the date of filing of appeal.
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
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