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Section 9: Requirement of consent

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Maharashtra) Rules, 2014.State Rules of Maharashtra · 2013

(1) In case of acquisition of land for private companies, the Collector concerned shall initiate the process for obtaining consent as per the provisions of subsection (2) of section 2.

(2) The Collector shall take steps to resolve outstanding issues related to land rights, land titling and land records in the affected areas, so that all the land owners can be correctly identified before initiating consent procedures. The Collector shall also take a special drive for this purpose and complete the said exercise within a period of forty-five days.

(3) The Collector shall, after completion of the aforesaid exercise of correcting and updating the land records shall draw out a list, of all affected land owners from whom consent must be sought, after considering the list prepared by the Social Impact Assessment Agency.

(4) The land owner shall give his individual consent before the Revenue Circle Officer in which the affected area lies.

(5) The land owner shall give his written consent on affidavit having his photograph affixed on it in the format attached and the digital impression of his thumb alongwith his signature (11 he can make it) shall be printed on his affidavit.

(6) The authorized representative of the Requiring Body shall sign on the consent Form- IIT and shall put the 8681 of the Requiring Body towards its commitment to the consented terms and conditions.

(7) Any member of the Village Panchayat, Panchayat Samiti or Zilla Parishad or the Police Patil, Gram Sevak, Notary or any Government Servant may sign on the affidavit as a witness thereof that he recognizes the person who has given consent.

(8) The negotiated terms and conditions for Rehabilitations and Resettlement, compensation and mitigations measures committed to by the Requiring Body shall be read out to all the land owners present therein.

(9) A copy of the consent so obtained shall be given to the land owner who has given consent and the other copy shall be handed over to the Requiring Body.

(10) All the individual consent taking procedure shall be video recorded.

(11) All persons interested in the same land can give consent on a single form.

(12) Different forms shall be used for giving consent by a same person for his different lands under acquisition.

(13) No land holder can withdraw his consent once given in the above manner.

30 महाराष्ट्र शासन राजपत्र असाधारण भाग चार-अ, ऑगस्ट २७, २०१४/भाद्र ५, शके १९३६

(714) The provisions relating to consent shall be translated in 10281 language and 8 copy of that shall be given to each land holder present or read it out to him in case of illiterate person, before starting the consent procedure.

(15) In case of a land situated in the Scheduled Area mentioned in the Fifth Schedule appended to the Constitution of India, the consent of the Gram Sabha shall be sought prior to the consent of the land owners.

(16) The consent taking process shall be concluded before issuing the Preliminary Notification under sub-section (1) of section 11.

CHAPTER परा NOTIFICATION AND ACQUISITION

Where this provision sits

ActRight to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Maharashtra) Rules, 2014.
Section9
Marginal noteRequirement of consent
JurisdictionState of Maharashtra
StatusIn force as published by the source

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