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Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014

18. Consent of the Affected Land owners.—

    

              i.        In Public Private Partnership projects and projects by private companies, a list of all affected land owners from whom consent is required to be obtained shall be drawn up by district officers in consultation with the Social Impact Assessment team.

             ii.        The list shall be made available in the affected area, in the form of posters and handouts and by displaying the list in conspicuous places of the affected areas for at least ten days before obtaining consent.

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     In case of any objection, the views of the objector shall also be taken, and the reasons for doing so shall be recorded in writing and conveyed to the concerned person within ten days.

3.      The District Collector shall in consultation with the representatives of Gram Panchayats, Autonomous District Councils, municipality, municipal corporations, as the case may be, notify the date, time and venue at least three weeks in advance, for holding the affected land owners meetings at the village or ward level.

4.      The proposed terms and conditions agreed to by the Requiring Body shall also be made available in local language at least three weeks in advance of the meeting of the affected land owners to each and every affected land owner.

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              i.        For public private partnership projects and projects by private companies, representatives of the Requiring Body, who are competent to take decision and negotiate terms of Rehabilitation and Resettlement and compensation shall be present at all such affected land owners meetings and respond to the queries raised by the affected land owners .

             ii.        The terms and conditions, Rehabilitation and Resettlement, compensation committed by the Requiring Body shall be explained to the members in the local language and signatures of the members as well as the representative of Requiring Body shall be obtained on such terms and conditions.

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              i.        At the conclusion of the meeting, each individual land owner shall be asked to indicate in the signed declaration whether he or she gives or withholds consent for the acquisition of land involved.

             ii.        A copy of this declaration with the attached terms and conditions shall be given to the land holder concerned. The declaration shall be countersigned by the District Collector or district officers on its receipt.

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              i.        Arrangements shall be made for those who could not attend the land owners meeting for enabling them to submit their signed declarations to the designated district officer within twenty one days from the date of land owners meeting.

             ii.        The declaration form shall be counter-signed by the District Collector or designated officer on its receipt and a copy of the declaration, with the attached terms and conditions shall be handed over to the affected landowner.

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8.      Consent procedure shall be determined on the basis of the signed or thumb impression, written declarations of land owners.

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              i.        All proceedings of taking affected land owners’ consent during land owners meetings shall be recorded in video and all the proceedings must be documented in writing.

             ii.        The outcome of the consent process shall be made available in panchayat offices and on the web site of the appropriate Government.

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10.   Members of the Social Impact Assessment team shall be present to assist the affected land owners meeting.







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