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Union of India - Section

Section 4 in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement, Development Plan) Rules, 2015

4. Action by District Collector on receiving request

(1)
(a)The District Collector, upon receiving request, shall constitute a committee of officers consisting of officers from Revenue Department, Agriculture Department, Forest Department, Water Resources Department, Building Department etc. to make a field visit along with the representatives of the requiring body to make a preliminary enquiry about - the availability of waste or arid land; the correctness of the particulars furnished and acquiring bare minimum land required for the project, whether the request is inconsistent with the provisions of the Act, and submit a report to the District Collector.
(b)The Committee of officers referred in clause (a) shall amongst other matters, include all the following in its report, namely:-
(i)assessment as to whether the proposed acquisition serves public purpose;
(ii)whether the extent of land proposed for acquisition is the absolute bare-minimum extent needed for the project;
(iii)whether land acquisition at an alternate place has been considered and found not feasible;
(iv)there is no unutilised land which has been previously acquired in the area;
(v)the land, if any, acquired earlier and remained unutilised, is used for such public purpose and make recommendations in respect thereof.
(2)
(a)If the District Collector, based on the report of the committee referred in sub-rule (1), other information available with him and instructions issued by the Central Government in this regard, is satisfied that the request is consistent with the provisions of the Act; he shall make a preliminary estimate of the cost of the acquisition as defined in clause (a) of section 3 of the Act.
(b)The administrative cost under item A of sub-clause (iv) of clause (i) of section 3 of the Act, shall be at the rate of 10% of the cost of compensation as provided in item (i) of section 3 (i) of the Act subject to a maximum of Rs. 5 crore.
(c)The District Collector will inform the Requiring Body to deposit the estimated cost of acquisition in his office within a period as may be specified by him and the Requiring Body shall deposit the same within the period specified by the District Collector without which process under the Act shall not commence.
(3)The Requiring Body shall deposit the balance cost of acquisition after final estimation is prepared by the Collector and if any excess amount is awarded by the Authority or a Competent Court, the same will be deposited as and when so required.