Power Plant Project Land Acquisition

8/13/2019 Power Plant Project Land Acquisition

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LISTOFCLEARANCESREQUIREDFORPOWERPLANT

Industrial Entrepreneur Memorandum acknowledgement

given by Ministry of Commerce and Industry.

Memorandum of understanding to be signed

with State Govt.

Land Acquisition for Power Plant

Govt land

Private land Forest land


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SECTION4 LANDACQUISITIONACT, 1894 4. Publication of preliminary notification and power of officers thereupon.-

(1) Whenever it appears to the[ appropriate Government] the land in anylocality[ is needed or] is likely to be needed for any public purpose[ or for a

company], a notification to that effect shall be published in the Official Gazette[and in two daily newspapers circulating in that locality of which at least oneshall be in the regional language], and the Collector shall cause public notice ofthe substance of such notification to be given at convenient places in the saidlocality[ (the last of the dates of such publication and the giving of such publicnotice, being hereinafter referred to as the date of the publication of thenotification)].

(2)Thereupon it shall be lawful for any officer, either generally or speciallyauthorized by such Government in this behalf, and for his servants andworkman,- to enter upon and survey and take levels of any land in suchlocality; to dig or bore into the sub- soil; to do all other acts necessary toascertain whether the land is adapted for such purpose; to set out theboundaries of the land proposed to be taken and the intended line of the work

(if any) proposed to be made thereon; to mark such levels, boundaries and lineby placing marks and cutting trenches; and, where otherwise the survey cannotbe completed and the levels taken and the boundaries and line marked, to cutdown and clear away any part of any standing crop, fence or jungle; Providedthat no person shall enter into any building or upon any enclosed court orgarden attached to a dwelling house (unless with the consent of the occupierthereof) without previously giving such occupier at least seven days'notice in writing of his intention to do so.
http://www.indiankanoon.org/doc/169774/http://www.indiankanoon.org/doc/917475/http://www.indiankanoon.org/doc/917475/http://www.indiankanoon.org/doc/917475/http://www.indiankanoon.org/doc/917475/http://www.indiankanoon.org/doc/169774/http://www.indiankanoon.org/doc/169774/http://www.indiankanoon.org/doc/169774/


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PROCEDUREFORLANDACQUISITION

1.Identify the land coming under project site. Meet the patwari of thatparticular village on which particular land is coming and then prepareKhasra Map.

2.List the name of owners based on Khasra Mapping

3.No Objection Certificate is to be obtained from Local Gram Panchayat.

4.Land Diversion application if forest or agricultural land is covered.

5.Local Government to issue Section-4 Notification. If any objection isreceived with the time frame specified, the issue shall be discussedand resolved through public hearing.

6.Based on the evaluation cost of land required by the Owner (Non forestand non Agricultural) and application fee for diversion of forest or

agricultural land, Govt decides the total amount to be paid by the landuser and request to deposit the actual cost to the Govt.

7.Once the applicable fees is paid, Govt issues Section 6 stating the givenland is acquired by the ultimate user and issues payment cheques tovarious land owners who had sell their land.

8.Once section 6 is issued, the land is presumed to be under custody ofthe Owner.


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PROCEDUREFORFOREST LANDACQUISITION

1.Diversion of forest is required and permission from regional MoEFis required if the land is < 5 Ha and if the land is more than 5 Ha thenclearance from central MoEF is required.

2.Environmental Clearance for Power Plant, Dam, Coal Mines andother requirement etc.

a. State Pollution Conservation board (SCPB). Ifthe investment involved in the Green field project is less thanRs.100.00 Crore or project cost of expansion of existing plant isless than 50 crore than in that case only State Pollution

Conservation Board Clearance is sufficient and we need not to goto MoEF for environmental clearance, however, if the project costis more than 100 Crore or cost of expansion of existing plant ismore than 50 Crore or the location of plant involves two or morestates or forest land is coming under the circumference of 25 kmsfrom the project site then in that case MoEF clearance is required.

b. Ministry of Environment and Forest (MoEF).Phase-I Screening

Phase-II- 1.Step-1 Base line data collection

2.Step-2 EIA report preparation

3.Step-3 Public Hearing


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PROCEDUREFORFOREST LANDACQUISITION

Other approvals including Central Regulation Zone (CRZ) forcoastal area.

Obtain Approvals for Electricity, Water Supply (Ground WaterBoard or irrigation Department or Municipal Corporationetc.) and Explosives Storage/Hazardous substances.

Phase-III-

Step-1 Submission of Documents

(EIA20 copies, EMP, NOC, Public Hearingdetails, DPR) to MoEF.

Step-2 Review by IAA

If IAA feels that the data provided in sufficient then, the

expert committee will submit their assessment over the

report and application.Step-3 Expert committee will submit their

recommendation to IAA.

Step- 4 Clearance


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THANKS FOR YOUR VALUABLE

TIME

A.R.SAOJI,

[email protected]