Section 32 in The Rajasthan Land Acquisition Rules, 1956
32. State Government to be satisfied with regard to certain matters before initiating proceedings.
(1)Whenever a Company makes an application to the State Government for acquisition of any land, the Government shall direct the Collector or submit a report to it on the following matters, namely ;-(i)that the company has made its best endeavor to find out lands in the locality suitable for the purpose of acquisition;(ii)that the Company has made all reasonable efforts to get such lands, by negotiation with the persons interested therein on payment of reasonable price and such efforts have failed;(iii)that the land proposed to be acquired is suitable for the purpose;(iv)that the area of land proposed to be acquired is not excessive;(v)that the Company is in a position to utilise the land expeditiously; and(vi)where the land proposed to be acquired is good a agricultural land, that no alternative suitable site can be found so as to avoid acquisition of that land.(2)The Collector shall, after giving the company a reasonable opportunity to make any representation in this behalf, hold an enquiry into the matters referred to sub-rule (1) and while holding such enquiry he shall-(i)in any case where the land proposed to be acquired is agricultural land, consult the District Agricultural Officer of the district whether or not such land is good agricultural land;(ii)determine, having regard to the provisions of section 23 and 24 of the Act, the approximate amount of compensation likely to be payable in respect of the land, which, in the opinion of the Collector, should be acquired for the Company; and(iii)ascertain whether the Company offered a reasonable price (not being less than the compensation so determined), to the persons interested in the land proposed to be acquired.Explanation. - For the purpose of this rule "good agricultural land" means any land which, considering, the level of agricultural production and the crop pattern of the area in which it is situated, is of average or of above average productivity and includes a garden or grove land.(3)As soon as may be after holding the enquiry under sub rule (2), the Collector shall submit a report (in duplicate) to the State Government.(4)No declaration shall be made by the State Government under section 6 of the Act unless the agreement under section 41 of the Act has been executed by the company.
