section 11
Power to acquire land over which right is claimed
The Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Act, 1988Environmental198892 sections10 chapters
Chapter II RESERVED FORESTS
Statutory text
11. (1) In the case of a claim to a right in or over any land other than a right of way or right of pasture or a right to forest produce or a water-course, Forest Settlement Officer shall pass an order admitting or rejecting the same in whole or in part.
- (2) If such claim is admitted in whole or in part, the Forest Settlement Officer shall either-
- (i) exclude such land from the limits of the proposed forest;
- (ii) come to an agreement with the owner thereof for the surrender of his right and proceed to acquire such land in the manner provided in the Sikkim Land (Requisition and Acquisition) Act, 1977.
- (3) For the purpose of acquiring such land -
- (a) the Forest Settlement Officer shall be deemed to be a Collector under the Sikkim Land (Requisition and Acquisition) Act, 1977;
- (b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 5 of the Sikkim Land (Requisition and Acquisition) Act, 1977;
- (c) the provisions of the preceding sections of the Sikkim Land (Requisition and Acquisition) Act, 1977 shall be deemed to have been complied with;
- (d) the Forest Settlement Officer, with the consent of the claimant or with the consent of both parties, may award an amount for such acquisition.
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