Section 13   [ View Judgements ]

Declaration of areas in affected or benefited zones

(1) As soon as may be practicable, the Collector shall give a public notice inviting objections or suggestions in respect of the lands within his District and falling under clauses (a) and (b) of sub-section (3) of this section, by publishing in the manner specified in sub-section (2) of section 11 and also in the Official Gazette and in one daily newspaper in Marathi language with wide circulation in the local area comprising such village in areas of the affected and benefited zones.

(2) Any person interested in the land in such areas may submit objections or suggestions, if any, to the Collector within 30 days from the date on which such public notice is published by beat of drums in the village or area concerned, or the date on which it is published in the newspaper as aforesaid, whichever is later, and the Collector, shall with all reasonable despatch, forward any objections or suggestions so made together with his report in respect thereof to the Commissioner and on considering the report and the objections and suggestions, if any, the Commissioner may pass such order as he deems fit.

(3) The Commissioner shall, not later than three years in case of major irrigation projects and not later than one year in case of other projects from the date of publication of notification under section 11, shall by notification in the Official Gazette, and also by publication of such notification in the manner provided in sub-section (2) of section 11, declare -

(a) the extent of area which shall constitute the area of affected zone under the project,

(b) the extent of the area of benefited zone under the project if the project is an irrigation project,

(c) which of the slabs mentioned in the Part II of the Schedule shall apply to such project for the purpose of acquisition of land in the benefited zone:

Provided that, it shall be lawful for the Commissioner to notify the affected zone and the benefited zone by separate notifications.

(4) The project authority shall furnish to the Collector detailed map of at least 25 per cent. of the area of the benefited zone in case of a major irrigation project and 100 per cent. of the area in case of other projects within one year from the date of notification under section 11.

(5) If, at any time during the course of execution of a project, the project authority is satisfied that any change in the areas mentioned in the notification under sub-section (3) is necessary, it shall communicate such change with reasons and the plans and particulars relating to the change to the Commissioner through the Collector.

(6) On receipt of the communication under sub-section (5) and the report of the Collector, if any, Commissioner may, after considering the reasons given by the project authority and in the report, if any, of the Collector and making such enquiry, if any, as he thinks fit, make such change in the manner laid down in sub-sections (1), (2) and (3).

(7) On publication of the notification as provided for in sub-section (3) or (6), as the case may be, the restrictions laid down in sub-section (1) of section 12 shall not apply to lands which are not included in the benefited zone or the affected zone of the project in the villages notified under sub-section (1) of section 11.

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