Regional

'Haryana Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Rules,2017' approved

November 23, 2017 08:54 AM

Punjab News Express/ SK.Vyas
CHANDIGARH: Haryana Cabinet which met under the Chairmanship of Chief Minister, Manohar Lal here today approved the Haryana Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2017.

The Central Government notified the ‘The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2014 w.e.f. 08.08.2014 vide notification dated 08.08.2014 issued by the Ministry of Rural Development, Department of Land Resources. Thereafter, the Central Government has notified ‘The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015 vide notification No. G.S.R. 985 (E), dated 18.12.2015.

It is incumbent upon the State to frame Land Acquisition Rules on the pattern followed by Central Government. To achieve the objective, the draft of “Haryana Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Rules, 2017” was published in the official Gazette vide notification No. S.O.52/C.A..30/2013/S.109/2017, dated 19.07.2017 for inviting objections of the general public within a period of one month of its publication in the official Gazette. The same was also published in Hindi and English newspapers on 10.08.2017 for inviting objections within fifteen days of its publication in the newspaper.

The following are the essential features of the Rules:

Various definitions have been added, Forms for sending requisition and action to be taken by District Collector have been provided, Various Proforma for carrying out Social Impact Assessment study, process for conducting Social Impact Assessment, submission of Social Impact Assessment Report, public hearing and appraisal of Social Impact Assessment Report by an expert group etc. have been enunciated in the Rules. The procedure for acquiring land in Public Private Partnership (PPP) projects and projects to be undertaken by private companies including receiving the consent of affected landowners and role of District Collector, in addition to roles and responsibilities of the requiring body in consent processes, have been prescribed.

The procedure of preliminary notification under Section 11 and hearing of objections under Section 15 including a public hearing in preparation for Rehabilitation and Resettlement scheme have been prescribed in Rules 18 to 20. The procedure for Publication of approved Rehabilitation and Resettlement scheme under section 18, a prescription for a web-based workflow and Management Information System and Development Plan for Scheduled Castes families have been prescribed in Rules 21 to 23.

The proforma for publication of “Declaration for acquisition” is provided under Section 19. The procedure for the determination of compensation is provided under Section 26 to 30 and also provides for Rehabilitation and Resettlement Award has been made in in Rules 24 to 27.  The powers, duties, and Responsibilities of the Administrator and the project level Rehabilitation and Resettlement Committee and procedure for the State Monitoring Committee have been provided.

Various issues pertaining to the Land Acquisition, Rehabilitation and Resettlement Authority including the power of the Authority for making recovery of the benefits availed through false claims have been described in Rule 31 and 32.

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