Section 44 in Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016
44. Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons.
(1)Where any person other than a specified person is purchasing land through private negotiations for an area equal to or more than such limits, as may be notified by the Government, considering the relevant specific factors and circumstances, for which the payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file an application with the District Collector notifying him of -(a)intent to purchase;(b)purpose for which such purchase is being made;(c)particulars of lands to be purchased.(2)It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement.(3)Based upon the Rehabilitation and Resettlement Scheme approved by the Commissioner as per the provisions of this Act, the Collector shall pass individual awards covering Rehabilitation and Resettlement entitlements as per the provisions of this Act,(4)No land use change shall be permitted if rehabilitation and resettlement is not complied with in full.(5)Any purchase of land by a person other than specified persons without complying with the provisions of Rehabilitation and Resettlement Scheme shall be void ab initio:Provided that the Government may provide for rehabilitation and resettlement provisions on sale or purchase of land in the State and shall also fix the limits or ceiling for the said purpose.(6)If any land has been purchased through private negotiations by a person on or after the commencement of this Act, forty per cent, of the compensation paid for such land acquired shall be shared with the original land owners.Explanation. - For the purpose of this section, the expression-(a)"original land owner" refers to the owner of the land who has got rights and title over the land before commencement of this Act;(b)"specified persons" includes -(i)Government;(ii)Government company;(iii)association of persons or trust or society as registered under the Mizoram Societies Registration Act, 2005 (13 of 2005) wholly or partially aided by the Government or controlled by the Government.
