Vidhi Codex

section 10

Settlement of disputes by the Tribunal.

The Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act 2003
Environmental200322 sections
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Statutory text
  1. (1) Where any dispute arises as to whether,—
    • (a) any land is an ecologically fragile land or not; or
    • (b) any ecologically fragile land or portion thereof has vested in the Government or not; or
    • (c) the compensation determined under section 8 is insufficient or not, the person who claims that the land is not an ecologically fragile land or that the ecologically fragile land has not vested in the Government, or that the compensation is not sufficient, may, within five years from the date of commencement of this Act or within six months from the date of the notification under sub-section (1) of section 4 declaring the land to be an ecologically fragile land or the date of communication of compensation under section 8, as the case may be, or within such time as the Government may notify in this behalf, apply to the Tribunal for settlement of the dispute.
  2. (2) An application under sub-section (1) shall be in such form and contain such particulars as may be prescribed.
  3. (3) If the Tribunal decides that any land is not an ecologically fragile land or that an ecologically fragile land or portion thereof has not vested in the Government and,—
    • (a) no appeal under section 11 has been preferred against the decision of the Tribunal within the period specified therein; or
    • (b) such appeal having been preferred under section 11 has been dismissed by the High Court; the custodian shall, as soon as may be, after the expiry of the period referred to in clause (a) or, as the case may be, after the date of the order of the High Court dismissing the appeal, restore possession of such land or portion, as the case may be, to the owner of such land.
  4. (4) If the Tribunal decides that the compensation determined under section 8 is not adequate and revises the amount of compensation and,—
    • (a) no appeal under section 11 has been preferred against the decision of the Tribunal within the period specified therein; or
    • (b) such appeal having been preferred under section 11 has been dismissed by the High Court; the custodian shall, as soon as may be, after the expiry of the period referred to in clause (a) or, as the case may be, after the date of the order of the High Court dismissing the appeal, pay such compensation to the owner of such land.

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