Section 16 in Atomic Minerals Concession Rules, 2016
16. Payment of compensation to owner of surface rights, etc.
(1)The holder of a mineral concession shall be liable to pay to the occupier of the surface of the land over which he holds the concession, such annual compensation as may be determined by an officer appointed by the State Government by notification in this behalf in the manner provided in subrules (2) to (6).(2)In the case of agricultural land, the amount of annual compensation referred to in Sub-rule (1) shall be worked out on the basis of the average annual net income from the cultivation of similar land for the previous three years.(3)In the case of non-agricultural land, the amount of annual compensation referred to in Sub-rule (1) shall be worked out on the basis of average annual letting value of similar land for the previous three years.(4)The annual compensation referred to in Sub-rule (1) shall be payable on or before such date as may be specified by the State Government in this behalf.(5)The holder of a mineral concession may implement the provisions of rehabilitation and resettlement policy for payment of such compensation, approved by the State Government, as the case may be.(6)If after the receipt of an offer of compensation for any damage which is likely to arise from the proposed operation of the lessee, the occupier of the surface of any part of the said land refuses his consent to the exercise of the rights and powers reserved to the State Government and granted by the mining lease, the lessee shall report the matter to the State Government and shall deposit with it the amount offered as compensation and if the State Government is satisfied that the amount of compensation is reasonable or if it is not so satisfied and the lessee shall have deposited with it such further amount as the State Government may consider reasonable, the State Government shall order the occupier to allow the lessee to enter upon the said land and carry out such operations as may be necessary for the purpose of the lease.(7)In assessing the amount of such compensation, the State Government shall be guided by the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).(8)Whenever the private patta land owners provide the consent to the lessee for a short period towards surface operations over their lands, the payment of compensation amount for the said short period shall be arrived based on the mutually agreed terms and conditions.(9)The amount of compensation referred to in Sub-rule (8) shall be assessed either as per the prevailing rules of the State Government or by the officer appointed by the State Government.(10)The payment of compensation amount by the lessee to the concerned land owner, undertaking the surface operations over the private land for a short period as per the consent and handing over back the said private land after completion of surface operations shall be as per the mutually agreed terms and conditions between the lessee and the private land owner.(11)The lessee shall not enter into the private patta lands for surface operations without obtaining consent of the patta land owner.
