Assessment of extent of land from which persons have been displaced and the extent of land available for re-settlement; and collection of certain information

The Maharashtra Resettlement of Project Displaced Persons Act, 1976

General197632 sections

Read full ActSections

Statutory text

(1) On the publication of the notification under section 11, the Resettlement Officer shall, subject to the provisions of this section, assess the extent of land from which persons are likely to be displaced, and the extent of land which may be available for grant to displaced persons. The Resettlement Officer shall also indicate in such assessment the location of such lands and of the site of the gaothan or the new village, or as the case may be, the area of extension of any existing gaothan where resettlement of displaced persons may be made.
(2) In selecting the site for a gaothan (hereinafter referred to as " the new gaothan ") or, as the case may be, for extension of an existing gaothan, the Resettlement Officer shall have regard to the following factors, namely :—
- (i) the proximity of alternative agricultural lands (which may be earmarked for grant to the displaced persons) to the new gaothan, or as the case may be, to the extended part of the existing gaothan (the distance between such agricultural lands and the new gaothan or the extended part of the existing gaothan may ordinarily not exceed 8 kilometres) ;
- (ii) the availability of water sources in, or in the vicinity of, the new gaothan or extended part of the gaothan or possibility of striking water if a well is constructed in, or in the vicinity of, such gaothan ;
- (iii) access to roads ;
- (iv) suitability of land for constructing houses ; and
- (v) such other factors as the State Government may by an order in writing specify.
(3) The Resettlement Officer shall draw up a list of lands which may be available for resettlement of the displaced persons and in doing so, may indicate the area which may be included in the benefited zone, or which may be specified under section 10. Such lands shall consist of—
- (a) Government waste lands ;
- (b) Government forest lands which are available or which may be available, for cultivation after deforestation ;
- (c) lands which may be included in the benefited zone, or in any village or area to be specified under section 10 and which may be acquired under the Land Acquisition Act, 1894, in accordance with the provisions of section 16 ;
- (d) lands acquired under section 16 ;
- (e) any other land vesting in the State Government and available for the resettlement of displaced persons.
(4) For the purpose of making assessment under this section, the engineer in charge of the implementation of the Project (hereinafter referred to as " the Project Engineer ") shall—
- (a) prepare or cause to be prepared an index map of the submergence area which is likely to be submerged showing the villages at different reservoir levels, i.e.,—
  - (i) for storage with gates, and
  - (ii) for storage without gates ;
- (b) prepare or cause to be prepared the village maps indicating the submerged area, and the actual survey numbers which may be submerged ;
- (c) collect information regarding,—
  - (i) the extent of land required for the Project;
  - (ii) the extent of land which is likely to be benefited by the Project, together with a list of survey numbers in each village.
(5) The maps prepared under sub-section
(4) and the information collected under that sub-section shall be sent by the Project Engineer to the Resettlement Officer.
(6) On receipt of the maps and information under sub-section (5), the Resettlement Officer shall collect information regarding--
- (a) Government lands available for resettlement, the extent of lands in the area which is likely to be the benefited zone and which may have to be acquired under the provisions of section 16;
- (b) details of persons affected by the Project, such as, the extent of the holding of the displaced person, the extent of area therefrom to be acquired for the Project, the number of structures to be acquired for the Project, the number of members in the family of each displaced person;
- (c) the location of the new gaothan or extension of the existing gaothan, preferably in consultation with the persons who are likely to be displaced on account of undertaking works relating to the Project.
(7) The Resettlement Officer shall send a copy of his assessment made under sub-sections
(1) and
(2) to the State Government, the Commissioner and the Deputy Director.

Study data processing for this section.

PDF: pending for this language.