Section 9 in East Kolkata Wetlands (Conservation and Management) Rules, 2006
9. Permission for change of character or mode of use of land.
(1) The Collector shall, after taking necessary actions as required under the West Bengal Land Reforms Act, 1955, and rules made thereunder, either pass an order for change of character or mode of use of land or reject the application.(2)A copy of the order referred to in sub-rule (1), granting the change or otherwise, shall be forwarded by the Collector to the Authority for necessary action.(3)On receipt of the order by the Collector of the concerned District, in case the Authority requires the applicant to create a compensatory water body prior to granting sanction under sub-section (4) of section 10, it shall, after the conversion is granted by the Collector of the concerned District, communicate its decision to the applicant in Form 2 :Provided that the Authority shall, while communicating its order in Form 2, mention the time limit for compliance of the order, a copy of which shall be returned to the Authority by the applicant, duly filled, within the time allowed. '(4)After the compliance of the order referred to in sub-rule (3), the Authority may pass and order in Form 3 granting sanction for change of character or mode of use of land with such restriction and conditions as mentioned therein :Provided that before issuing such order in Form 3, the Authority shall satisfy itself, if necessary by enquiry, field inspection or otherwise, that the conditions laid down in Form 3 have been fulfilled properly.(5)Nothing in sub-rules (3) and (6) above, shall prevent the Authority to disallow, or restrict the applicant for change of character or mode of use of land, if the Authority is satisfied that the proposed change(a)may adversely affect the ecology or environment of the East Kolkata Wetlands area; or(b)may adversely affect the livelihood or socioeconomic conditions of the people in the area; or(c)is against the principles of Ramsar Convention.(6)The Order passed by the Authority in Form 3 granting the conversion shall remain valid for sixty days and shall be deemed to be cancelled, in case the applicant fails to execute the same within the prescribed time :Provided that the Authority may, for sufficient and valid reasons, extend the period of validity of order for further period of thirty days.
