Section 20 in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (Kerala) Rules, 2014
20. Hearing of objections on the Preliminary Notification.
(1)The objection made by a person interested in any land shall clearly state the kind of interest the person has in the land which has been notified together with supporting documents to prove the same.(2)No objection received from any person who has no interest in any land which has been notified under sub-section (1) of section 11 will be considered by the Collector.(3)If the Collector is satisfied that the person who prefers an objection has any interest in any land which has been notified under subsection (1) of section 11, he shall afford him an opportunity of being heard in person or through any person authorized by him or by an Advocate for which at least seven day's notice shall be given in Form No. 7.(4)After the personal hearing, the Collector shall submit a report to the Government about the objections filed as well as additional objections made during the personal hearing, along with his remarks on the objections.(5)Before formulating the report, the Collector may also make such enquiries as he deems necessary.(6)If any material or relevant fact is disclosed during the enquiry conducted by the Collector adverse to the person who has submitted the written objections, the said person shall be put to notice about the result of the enquiry and a reasonable opportunity shall be offered to him to dispute the said material or relevant fact before formulating the report.(7)The Collector may make individual reports based on the written objections and hearing conducted in respect of different parcels of land covered by the Preliminary Notification or make a consolidated report in respect of all land which has been covered under the Preliminary Notification as he deems appropriate in the facts and circumstances of the case.(8)Even when the Collector makes a consolidated report, individual objections and the remarks against each objection has to be separately stated.(9)The report of die Collector under sub rule (4) shall be forwarded as soon as may be, but at any rate within three weeks from the date of the last personal hearing, to the Government along with copies of all the objections and submissions received in writing from persons interested in any land covered under the Preliminary Notification and the result of any enquiry conducted by the Collector.(10)The Collector shall also forward a separate report giving therein the approximate cost of the proposed land acquisition estimated as per the provisions of the Act and these rules, particulars as to the number of affected families likely to be resettled and reconfirming whether consent has been obtained from the requisite percentage of affected families as provided in sub-section (2) section 2 of the Act, if applicable.(11)On receipt of the reports from the Collector under sub rules (4) and (10), the Government shall, as soon as may be but at any rate within four weeks from the date of receipt of all requisite records, take a decision as to whether the objections raised are sustainable.(12)If the Government are of opinion that any of the objections raised in the report of the Collector are valid and require the proposal for land acquisition to be dropped or altered, then the Government shall summarise its prima facie opinion and send a notice to the Requiring Body to state in writing, its objections/suggestions on the prima facie findings.(13)The Requiring Body, on receipt of the aforesaid notice by the Government shall submit its objections/suggestions, if any, within three weeks from the date of receipt of a copy of the notice and shall also intimate the Government whether it requires a personal hearing before a final decision is taken by the Government.(14)If no personal hearing is requested by the Requiring Body, the Government shall consider whether in the light of the report of the Requiring Body the proposal for acquisition has to be revoked or altered. If a personal hearing is availed of by the Requiring Body, the views expressed in the personal hearing shall also be taken into consideration by the Government before issuing final orders.(15)The final orders of the Government shall be communicated to the Requiring Body, the Collectors concerned, the Panchayats, Municipalities and Municipal Corporations in the area notified to be acquired and shall also be published in the website of the Government.(16)If the final order of the Government directs the land acquisition proposal to be stopped or altered, the Collector and all other officers of the Government shall be duty bound to implement the same within four weeks from the date of receipt of the copy of the order.
