Section 19 in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (Kerala) Rules, 2014
19. Preliminary survey of land.
(1)For the purpose of enabling the Government to determine the extent of land to be acquired, the Collector may either personally or through any other officer of the Government or through any other persons or organizations undertake all such steps as are necessary to survey and demarcate the land concerned in the manner provided in section 12 of the Act.(2)The notice to land owners as provided in second and third provisos to section 12 of the Act shall be given either by delivery on them in person, by registered post or by affixing notices on the premises witnessed by two independent residents of the locality.(3)The Collector may, in addition to or in place of the notice to be issued under sub rule (2) issue notice either to one or more land owners by publication in a Malayalam daily having circulation in the area, informing them about the steps proposed to be taken under section 12 and requiring them or their duly authorised agents to be present at the date, time and place to be given in the notice, as provided in the second and third provisos to section 12 of the Act.(4)The Collector or any other persons authorised by him may take the assistance of the police or any other officers of the Central or State Government in carrying out their duties under the Act and these Rules.(5)The police and all other officers shall be duty bound to provide all such assistance as are required by the Collector or other person empowered by him to undertake the survey of land in connection with the proposed acquisition provided that the assistance requested is within the powers and functions of the officer concerned conferred on him by any law for the time being in force.(6)The Collector or any other person empowered by him in this regard to conduct the survey of land for the purpose of acquisition, shall have the power to enter such other lands adjacent to or situated close to the land proposed to be acquired, in the same manner as if they were lands covered by the Preliminary Notification and all the powers under section 12 of the Act as well as under these rules shall apply to the entry by the Collector or other persons authorized by him to the adjacent or surrounding land.Explanation. - For the purpose of this Chapter of these rules, "person" includes any officer of the Government or any other person or entity or agency authorised or empowered by the Collector to undertake any work in relation to survey and demarcation of land, and structures thereon.(7)If the Collector or any person authorised by the Government, is of the opinion that any damage will be caused to any land in conducting the survey or in demarcation of the land for the proposed acquisition, the Collector or the authorised person shall pay the estimated amount of damages to the land owner at the time of entry into the said land.(8)If the owner of the land refuses to receive the damages for any reason or is not to be found at the time of entry, the estimated damages shall be retained by the Collector for payment to the land owner.(9)If any land owner disputes the quantum of damages payable to him as estimated by any person authorised by the Government, he can prefer an appeal before the Collector whose decision on the quantum of damages shall be final.
