(1) The Flood Zoning Authority or any other officer generally or specially authorized by it in this behalf, who has entered upon any land under section 5 shall, before leaving, tender compensation to the owner or occupier of such land for any damage which may have been caused and in case of dispute as to the sufficiency of the amount so tendered, the Flood Zoning Authority or such officer shall refer the matter to the State Government for its decision.
(2) The decision of the officer under sub-section (1) shall be final and no suit shall lie in a civil court to have it set aside or modified.
CHAPTER-IV NOTIFICATION OF LIMITS OF FLOOD PLAINS Declaration of intention of State Government to demarcate flood plains areas
8. The State Government may on the basis of a report from the Flood Zoning Authority or otherwise, by notification in the Official Gazette, declare its intention to demarcate the flood plain areas and either prohibit or restrict the use of land therein.
Public Notices 9. (1) The Flood Zoning Authority shall, on the issue of notification under section 8, cause public notice of the substance of such notification to be given at convenient places in the area.
(2) The Flood Zoning Authority shall also give notices individually to the owners of the lands situated in the area.
(3) The Flood Zoning Authority shall exhibit records, charts, maps, registers and such other document showing the river channel, flood channel and the flood plain area, specifying the nature and extent to which the use of limits of the area is either prohibited or restricted, in the office for inspection by the General public at the timing specified therein.
------------------------------------ 19 [The Uttarakhand Flood Plain Zoning Act, 2012] Objections 10. (1) Any person, who desires to raise any objection to the limits and either the prohibitions or restrictions specified in the public notice referred to in section 9, may within a period of sixty days from the date of publication of the notification in the Official Gazette, forward to the Flood Zoning Authority a statement in the writing setting forth his objections.
(2) After the expiry of the period aforesaid, the Flood Zoning Authority shall issue a notice in a manner prescribed and consider the objections after giving the party concerned a reasonable opportunity of being heard in the matter.
(3) The Flood Zoning Authority shall forward to the State Government its or his proposals together with the records referred to in subsection (3) of section 9.
Decision of State Government
11.
(1) The State Government shall after considering the report of the Flood Zoning Authority, order such alteration in the limits of the area as it considers necessary.
(2) The decisions of the State Government shall be final.
(3) The State Government shall by notification in the Official Gazette, declare that the provisions of this Act shall apply to the said river with boundaries and limits as specified :
Provided that the State Government shall also make arrangement for rehabilitation of Colonies already existing in the flood plain.
(4) The areas delineated and approved by the State Government shall be deemed to be the flood plain and the limits shall, where necessary be marked either by boundary stones or other suitable marks.
(5) The Flood Zoning Authority shall maintain the charts and registers of such areas so delineated and such charts and registers shall form part of the permanent records of the office.
(6) The charts and registers maintained under sub-section (5) shall be furnished to the Collector of the District in which any part of the river is situated and shall be opened for inspection by the general public at such times as may be prescribed.
CHAPTER-V PROHIBITION OR RESTRICTION OF THE USE OF THE FLOOD PLAINS Power to prohibit obstruction etc.
in flood plain