Section 14 in The M.P. Pariyojana Ke Karan Visthapit Vyakti (Punhsthapan) Adhiniyam, 1985
14. Assessment of land available for resettlement.
(1)The Project Resettlement Officer shall also assess the extent of land which may be available for grant to displaced person. The Project Resettlement Officer shall also indicate in such assessment, the location of such lands and of the area of extension of any existing abadi where resettlement of displaced persons may be made.(2)In selecting the site for abadi (hereinafter referred to as the new abadi) or, as the case may be, for extension of an abadi, the Project Resettlement Officer shall have regard to the following factors, namely :-(i)the proximity of alternative agricultural land (which may be earmarked for grant to the displaced persons) to the new abadi or as the case may be, to the extended part of the existing abadi (the distance between such agricultural lands and the new or the extended part of the existing abadi may ordinarily not exceed 8 km.);(ii)the availability of water resources in or in the vicinity of the new abadi or extended part of the abadi or possibility of striking water, if well is constructed in or in the vicinity of such abadi;(iii)access to road;(iv)suitability of land construction of houses; and(v)such other factors as the State Government may, by an order in writing, specify.(3)The Project 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, not reserved under Section 236 or Section 237 of the Code;(b)Government lands on banks of reservoirs on which there is a forest growth and which arc available or which may be available for cultivation after clearance of the forest growth;(c)Government forest lands which are available or which may be available for cultivation after deforestation;(d)lands which may be included in the benefited zone, or in any village or area to be specified under Section 10 or lands which are on the periphery of the affected benefited zone or the villages or areas so specified and which may be acquired under the Land Acquisition Act, 1894 (1 of 1894), in accordance with the provisions of Section 17;(e)lands acquired under Section 17;(f)any other lands vesting in the State Government and available for the resettlement of displaced persons.(4)For the purpose of making assessment under this section, the Resettlement Commissioner shall-(a)cause to be prepared an index map of submergence area which is likely lo be submerged showing the villages at different reservoir levels i.e.,-(i)for storage with gates; and(ii)for storage without gates;(b)cause lo be prepared the village maps indicating the submerged area, and the actual survey numbers which may be submerged;(c)cause to be collected 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 Project Resettlement Officer shall collect information regarding-(a)Government land, land on the periphery of the submerged area and land in the benefited zone including area benefited by other projects in the vicinity available for resettlement and which may have to be acquired under the provisions of Section 17 for resettlement;(b)details of persons affected by the project, such as the extent of the holding of the displaced persons, the extent or area therefrom to be acquired for the project, the number of structures to be acquired for the project and the number of members in the family of each displaced person;(c)the location of the new abadi or extension of the existing abadi preferably in consultation with the persons who are likely to be displaced on account of undertaking works relating to the project.(6)The Project Resettlement Officer shall send a copy of his assessment made under Sections 12 and 41 to the State Government through the Commissioner.
