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State of Odisha - Section

Section 11 in The Orissa Forest Act, 1972

11. Power to acquire land over which right is claimed.

(1)In the case of claim to a right in or over any land, other than a right of way of right of pasture, or a right to forest produce or a water course or to use of water the Forest Settlement Officer shall pass an order admitting or rejecting the same in whole or in part after considering the particulars of such claims and the objection of the Forest Officer, if any, representing the Forest Department under Sub-section (3) of Section 4 or the, Divisional Forest Officer.
(2)If such claim is admitted in whole or in part, the Forest Officer shall either -
(i)exclude such land from the limits of the proposed forest;
(ii)come to an agreement with the owner thereof for the surrender of his rights; or
(iii)proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894 (1 of 1894).
(3)For the purpose of such acquisition -
(a)the Forest Settlement Officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894 (1 of 1894);
(b)the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under Section 9 of that Act;
(c)the provisions of the preceding sections of that Act shall be deemed to have been complied with; and
(d)the Collector, with the consent of the claimant or with the consent of both the parties, may award compensation in the form of land, or partly in the form of land and partly in money.
(4)The Forest Settlement Officer shall serve a copy of every order passed under this section on the claimant and also on the Forest Officer who attended the enquiry under Sub-section (3) of Section 4 if no such officer attended, on the Divisional Forest Officer.