Mizoram (Land Acquisition, Rehabilitation and Resettlement) Act, 2016 11Chapter IV · Notification and Acquisition

Section 11 · Publication of preliminary notification and power of officers thereupon

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(1)

Whenever, it appears to the Government that land in any area is required or likely to be required for any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be published in the following manner, namely:-

(a)

in the Official Gazette;

(b)

in two daily newspapers circulating in the locality of such area in local language;

(c)

in the local language in the Village Council or Local Council, Municipality as the case may be and in the offices of the District Collector, the Deputy Collector and the Block Development Officer;

(d)

uploaded on the website of the Government;

(e)

in the affected areas, in such manner as may be prescribed.

(2)

Immediately after issuance of the preliminary notification under sub-section (1), the concerned Village Council or Local Council or Municipality, in case of municipal areas and the Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notification issued under the said sub-section in all cases of land acquisition at a meeting called especially for this purpose.

(3)

The preliminary notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under Section 41.

(4)

No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such preliminary notification till such time as the proceedings under this Chapter are completed.Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this sub-section.Provided further that any loss or injury suffered by any person due to his will ful violation of this provision shall not be made up by the Collector.

(5)

After issuance of preliminary notification under sub-section (1), the Collector shall, before the issue of a declaration under Section 19, undertake and complete the exercise of updating of land records as prescribed within a period of two months.Provided that where prior consent is required, land records shall be updated before convening public consultation for obtaining the required consent to ensure that consent is given by the rightful land holders concerned.

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