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State of Tamilnadu - Section

Section 4 in Tamil Nadu Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017

4. Action by Collector on receiving request.

(1)
(a)The Collector, on receipt of the request submitted under sub-rule (1) of rule 3, shall constitute a Committee consisting of officers from the Revenue & Disaster Management Department, Agriculture Department, Forest Department, Public Works Department and any other Department, as the Collector deems necessary, to make a field visit along with the representatives of the Requiring Body to make a preliminary enquiry regarding the,-
(i)availability of waste or arid land;
(ii)correctness of the particulars furnished in the request submitted under sub-rule (1) of rule 3;
(iii)bare minimum land required for the project;
(iv)conformity of the request with the provisions of the Act. The Committee shall then submit a report to the Collector.
(b)The report of the Committee referred to in clause (a) shall include the following, namely:-
(i)whether the proposed acquisition of land serves any public purpose;
(ii)whether the extent of land proposed for acquisition is the absolute bare-minimum needed for the project;
(iii)whether the acquisition of land at an alternate place has been considered and found not feasible;
(iv)whether there is any land in the project area which has been previously acquired and remain unutilised;
(v)whether such land, if any, acquired earlier and remains unutilised, may be used for the project; and
(vi)the recommendations of the Committee.
(2)
(a)If the Collector, on the basis of the report of the Committee referred to in sub-rule (1), any other information available with him and instructions issued by the State Government in this regard, is satisfied that the request is in conformity with the provisions of the Act, he shall make a preliminary estimate of the cost of the acquisition as defined in clause (i) of section 3.
(b)The administrative cost as defined under item (A) of sub-clause (vi) of clause (i) of section 3 shall not exceed the percentage of the cost of compensation as may be specified by the appropriate Government from time to time.
(c)The Collector shall inform the Requiring Body to deposit the estimated cost of acquisition or part thereof as specified by the Collector in the account designated for the purpose by the State Government, before the publication of declaration under sub-section (2) of section 19 within such period as may be specified by him and the Requiring Body shall deposit the same within the said period.
(3)The Requiring Body shall deposit the balance cost of acquisition after final estimation is prepared by the Collector and in cases where excess amount is awarded by the Authority or Court, the same shall be deposited, as and when so required.