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State of Rajasthan - Section

Section 6 in Rajasthan Lakes (Protection and Development) Authority Act, 2015

6. Protection and development of lakes.

(1)Subject to any Central law relating to forest or environment, and policies or guidelines including any guidelines for National Plan on Conservation of Aquatic Ecosystem issued in this regard by the Central Government from time to time, the Authority shall undertake protection and development of the lakes and for this purpose, the Authority shall carry out following functions, namely :-
(a)to carry out survey and study of lakes and prepare, maintain and publish, in the prescribed manner, the record of lakes including their boundaries, flow area and such other matters as are deemed necessary for protection and development of the lakes;
(b)to prepare and recommend to the State Government plans, projects or schemes for protection or development of lakes;
(c)to implement such plans, projects or schemes of protection or development of lakes as may be approved by the State Government;
(d)to implement projects and raising financial resources from public and private source including Corporate Social Responsibility fund (CSR);
(e)to recommend to the State Government lake boundaries and protected area;
(f)to prevent and stop unauthorised activities within lake boundaries or the protected area;
(g)to prevent, stop and remove unauthorised construction in the protected area.
(2)The Authority may, if it considers expedient in the interest of protection or development of a lake so to do, remove any building, structure or any other object of obstruction within the protected area or the flow area of a lake:Provided that no building, structure or any other object of obstruction which is a private property shall be removed unless -
(i)prior approval of the State Government has been obtained;
(ii)the owner and occupier, if any, of the property has been given a reasonable opportunity of hearing;
(iii)the owner of the property has been paid compensation for the damages to be sustained by him due to such removal.
(3)While determining the amount of compensation under this section, the Authority shall follow the principles of determination of compensation laid down by any law for the time being in force providing for compulsory acquisition of similar property.
(4)If any person entitled to compensation under this section disputes sufficiency of the amount of compensation, he may file an appeal to the District Judge having territorial jurisdiction over the area in which the property is situated, within ninety days from the date of order of the Authority and the decision of District Judge shall be final.