Act 2013 - Department of Land Resources

Sec. 2lTHE GAZETTE OF INDIA EXTRAORDINARYProvided that the grounds for such recommendation shall be recorded in writing bythe Expert Croup giving the details and reasons for such decision:Provided further that where the appropriate Covernment, inspite of suchrecommendations, proceeds with the acquisition. then, it shall ensure that its reasons fordoing so are recorded in writing.(5) Ifthe Expen Group constituted under sub-section (/), is ofthe opinion that,-(d) the project will serve any public purpose; and(b) the potential benefits outweigh the social costs and adverse social impacts,it shall make specific recommendations within two months from the date of ils constitutionwhether the extent of land proposed to be acquired is the absolute bare-minimum extentneeded for the project and whether there are no other less displacing options available:Provided that the grounds for such recommendation shall be recorded in writing bythe Expert Group giving the details and reasons for such decision.{6) The recommendations ofthe Expert Croup refened to in sub-sections (4) and (5)shall be made available in the local language to the Panchayat, Municipality or MunicipalCorporation, as the case may be, and the offices ofthe District Collector, the Sub-DivisionalMagistrate and the Tehsil, and shall be published in the affected areas, in such manner asmay be prescribed and uploaded on the website ofthe appropriate Covemment.8, (/) The appropriate Covernment shall ensure that-(a) there is a legitimate and bonafide public purpose for the proposed acquisitionwhich necessitates the acquisition ofthe land identifiedl(b) the potential benefits and rhe public purpose refened to in clause (a) shalloutweigh the social cosls and adverse social impacl as deterrnined by theSocial Impact Assessment that has be€n carried out;acq uired:(c) only the minimum area of land required for the project is proposed to beExaminationof proposalsfor landacqulsilron andSocial lmpactreporl byappropriateGovernmenl.(d; there is no unutilised land which has been previously acquired in the area;(e) the land, ifany, acquired earlier and remained unutilised, is used for suchpublic purpose and nrake recommendations in respect thereof.(2) The appropriate Covemment shall examine the report ofthe Collector, ifany, andthe repon ofthe Expert Group on the Social Impact Assessment study and after consideringall the reports, recommend such area for acquisition which would ensure minimumdisplacement ofpeoplc, minimum disturbance to the infrastructure, ecology and minimumadverse impact on the individuals affected.(3) The decision ofthe appropriate Covemment shall be made available in the locallanguage to the Panchayat, Municipality or MunicipalCorporation. as the case may be, andthe offices ofthe District Collecto( the Sub-Divisional Magistrate and the Tehsil, and shallbe published in the afFected areas, in such manner as may be prescribed, and uploaded onthe website ofthe appropriate Covemment:Provided that where land is sought to be acquired for the purposes as specified in subsection(2) ofsection 2, the appropriare Covemment shall also ascenain as to whether lheprior consent of the affected families as required under the proviso to sub-section (2) ofsection 2, has been obtained in the manner as may be prescribed.9. Where land is proposed to be acquired invoking the urgency provisions undersection 40, th€ appropriate Govemment may exempt undertaking of the Social tmpactAssessment study.Exenrptionfrom SociallmpactAssessment.I