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State of Kerala - Section

Section 14 in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (Kerala) Rules, 2014

14. Public hearing on Social Impact Assessment.

(1)The Social Impact Assessment unit shall hold a public hearing in the affected areas after giving at least fifteen days notice in Form No. 4 in two Malayalam dailies in circulation in the area about the date, time and venue of the public hearing along with a brief description of the project, including the places at which and the website on which all relevant details regarding the project can be perused or accessed by the public, in order to ascertain the views of the affected families on the proposed acquisition.
(2)The public hearing shall be held in the affected area or as close to it as possible considering the case of access, availability of resources, infrastructure etc. to conduct the public hearing.
(3)If the affected area encompasses more than one Panchayat, Municipality or Municipal Corporation the public hearing shall be held in each of the Panchayats, Municipalities or Municipal Corporations within which, at least twenty five per cent of the total area sought to be acquired is situated.
(4)If for any reason including law and order, breach of peace, disturbance or obstructions caused during the public hearing etc., the public hearing requires to be postponed, it shall be conducted after issuing notice in two Malayalam dailies referring to the earlier notification and announcing the postponed time and venue of the public hearing. The details required to be published in the first notice need not be repeated in the notice announcing the postponed public hearing.
(5)If on account of any break down in law and order, breach of peace or disturbance or obstruction created during public hearing etc., the public hearing cannot be conducted, the Social Impact Assessment unit may record the same and dispense with the public hearing.
(6)If the public hearing is so dispensed with, then the Social Impact Assessment unit shall publish notice in atleast two Malayalam dailies having circulation in the area informing the public about the cancellation of the public hearing and inviting objections from the members of the public as well as the affected families to be sent to the Social Impact Assessment unit within two weeks from the date of publication.
(7)The members of the affected families or members of the public shall have in addition to their right to appear and present their views in the public hearing, the right to send their written objection/views/suggestions on the proposed acquisition to the Social Impact Assessment unit on or before the date of public hearing and the objections/views/suggestions shall also be considered by the Social Impact Assessment unit as if received during the public hearing.
(8)The Social Impact Assessment unit as well as the Requiring Body shall be represented by competent persons who are well versed with the project to answer the queries of the affected persons or other members of the public regarding the project