(1) The Collector after making enquiry. into and disposal of the objections, if any, raised by the interested persons in pursuance of the public notice published and given under the preceding rules, shall proceed to make land acquisition Award under section 23 of the Act. For the award for compensation, the Collector shall ensure the following steps to be taken - r
(a) Separate map of the land demarcated in each village should be prepared on the scale of the village map for record with the proceedings, which should be conducted in the villages;
(b) For each village, a khasra will be prepared in form-16(a), showing the nature, area of each plot and numbers and quantity of the trees, crops, structures or other assets situated upon it. The entries of the form should be checked personally by the Amin of the Land acquisition office. This khasra should be countersigned by the concerned revenue officers and the land acquisition officer;
(c) While the khasra being prepared, such details should be collected as may be necessary to determine the market value from the office of registrar of registration department regarding Sale deeds registered during the period of three years just prior to the last such publication of preliminary notification under section 11 (1) of the Act in the form-21. The date for determining the market value shall be the date on which the preliminary notification has been issued under section 11 of the Act;
\WDATA-8\Data 8_D\595 RPH Niyamawali- Rajswa. eng-2016.doc Publication of Approved Rehabilitation and Resettlement Scheme Publication of Declaration and summery of Rehabilitation and Resettlement Demarcation of land Notice to person interested Enquiry by Collector for making Award 78 उत्त्तर प्रदेश असाधारण गजट, 23 नवम्बर, 2016
(9) The simultaneous process shall take place for valuation of assets, such as trees, tube well, structures and other things situated thereupon on acquired land shall be done by the concerned department as provided in the section 29 of the Act .The Land acquisition officer may request to the District Collector to direct the concern department for the valuation of the assets. The valuation report will be prepared on annexed as form-22 .The cut of date for valuation of these assets would be the date when the preliminary notification has been issued under section || of the Act:
(e) A khatauni in form-16(b) will be prepared from the revenue records of the concerned village kept at the office of Tehsildar, consolidation or Assistant record officer. Respective land revenue of the acquired land shall be worked out at the time of preparation of khatauni; E
(f) There shall be a detailed valuation report for each item of property to be acquired and shall be made in form-22 in accordance with the market value on the date of publication of preliminary notification.
(2) The Land acquisition officer, if it is not District Collector, may consult the District Collector and take his order as to what he considers to be the fair estimates of the amount of compensation to be paid and the revenue to be deducted.
For this, the District Collector may appoint such officers to examine the feasibility of fair compensation. न
(3) On the date specified in the notice, the Collector shall explain the grounds on which the compensation has been estimated, which will ordinarily be the figure contained in the aggregate statement of compensation payable in form-23 and shall make an award in form-24.
(4) Any variation in estimated compensation shall be informed to the requiring body. The requiring body shall on demand deposit the amount within the period of one month. If the requiring body makes any objection in consequence of the excess cost or denies depositing the amount, further proceedings shall be dropped. In such cases where proceedings have been stopped, the State Government can deduct such an amount, which it may think fit, by way of Government order.
(5) The Collector may adjourn the proceedings on the request of any party or otherwise. He shall carefully and expeditiously decide all the objections raised by the parties.
(6) The Collector on the date fixed for hearing, shall proceed to enquire into the claims and objections, if any, made by interested persons, whether to the measurements of the land, the amount of compensation, the person to whom it is payable, or the apportionment of compensation among the person interested and shall prepare an award regarding each of the matter referred in section 23 of the Act.
(7) Under the provision of section 23 of the Act, the financial limit for declaration of the award will be as fixed by the State Government.
(8) The award shall include all the items which are described under section 28, 29 and 30 of the Act. Each award shall be announced or communicated to the parties as soon as possible, when it is made.
(9) If after making an award a clerical or arithmetical mistake comes to the notice of Collector or is brought to his notice, he can correct the same within six months of announcement of award or before making a reference to the Authority under section 64 of the Act.
(10) If the land proposed for acquisition is situated in the rural areas, then the market value calculated as per sub-section (1) of section 26 of the Act, shall be multiplied by a factor notified by the State Government.
(11) Before invoking urgency clause to any land acquisition proceedings the Collector shall take the prior sanction of the State Government.
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(12) If after the payment of compensation as per the award, it transpires that the owner/ claimant/claimants is /are not exclusively entitled or such or entire amount of compensation awarded by the Collector and the Government is required to pay any compensation to any other persons, then the claimant/claimants shall on demand refund to the Collector the entire amount of money received by him/them or such amount as may be determined by the Collector as refundable by him/them to the Government and shall also indemnify (jointly or separately) the Government against any claim or compensation or part thereof by any other person and against all proceedings and liabilities of any loss or damage suffers or any costs, charges or expenses incurred by Government by reason of the payment to him/them and the claimant/claimants shall pay the interests at the rate of 9% on the amount so refundable for the first year and at the rate of 15 % for the subsequent years.
(13) If the claimant/claimants fail to refund to the Government the amount mentioned in the previous sub-rule, the Government shall recover the same as arrears of land revenue or proceed under any law in force for recovery of such amount.
(14) Without prejudice to any other remedy for the enforcement of any refund or indemnity, the Government may recover any sum determined and certified by the land acquisition officer concern to be due and payable by the claimants to the Government by way of refund or otherwise as arrear of land revenue.
(15) The Government dues/loans of public financial institutions, if any, falls against the awardees are payable by the claimants or person interested, the same shall be deducted from the said compensation amount that may be awarded.