Amendment status not verified — confirm the current text below against the official source.
Settlement of disputes by the Tribunal.—(1) Where any dispute arises as to whether,— (a) any land is an ecologically fragile land or not; or (b) any ecologically fragile land or portion thereof has vested in the Government or not; or (c) the compensation determined under section 8 is insufficient or not, the person who claims that the land is not an ecologically fragile land or that the ecologically fragile land has not vested in the Government, or that the compensation is not sufficient, may, within five years from the date of commencement of this Act or within six months from the date of the notification under sub-section (1) of section 4 declaring the land to 7 be an ecologically fragile land or the date of communication of compensation under section 8, as the case may be, or within such time as the Government may notify in this behalf, apply to the Tribunal for settlement of the dispute. (2) An application under sub-section (1) shall be in such form and contain such particulars as may be prescribed. (3) If the Tribunal decides that any land is not an ecologically fragile land or that an ecologically fragile land or portion thereof has not vested in the Government and,— (a) no appeal under section 11 has been preferred against the decision of the Tribunal within the period specified therein; or (b) such appeal having been preferred under section 11 has been dismissed by the High Court; the custodian shall, as soon as may be, after the expiry of the period referred to in clause (a) or, as the case may be, after the date of the order of the High Court dismissing the appeal, restore possession of such land or portion, as the case may be, to the owner of such land. (4) If the Tribunal decides that the compensation determined under section 8 is not adequate and revises the amount of compensation and,— (a) no appeal under section 11 has been preferred against the decision of the Tribunal within the period specified therein; or (b) such appeal having been preferred under section 11 has been dismissed by the High Court; 8 the custodian shall, as soon as may be, after the expiry of the period referred to in clause (a) or, as the case may be, after the date of the order of the High Court dismissing the appeal, pay such compensation to the owner of such land. 1[10A. Dispute Redressal in respect of lands having an extent of not more than two hectares.—(1) Notwithstanding anything contained in section 10, if any owner of the land which has been notified under section 3 and having an extent of not more than two hectares as on 2nd day of June,2000 has any dispute as to whether such land is an ecologically fragile land or not, may file an application before the Principal Chief Conservator of Forests for the settlement of such dispute: Provided that no dispute in respect of any land which was already been decided by the Tribunal under section 10 shall be re-opened under sub-section (1). (2) On receipt of an application under sub-section (1), the Principal Chief Conservator of Forests shall refer the dispute to the Ecologically Fragile Land Claim Dispute Redressal Committee constituted under section 10B and shall if any proceedings pertaining to the land referred to in the said application is pending before any Tribunal, communicate the fact to the said Tribunal and on such communication further proceedings in respect of such land before the Tribunal shall stand suspended. (3) On such reference under sub-section(2), the Ecologically Fragile Land Claim Dispute Redressal Committee shall after inspecting the land in dispute furnish a detailed report within six months from the date of receipt of the application to the Principal Chief Conservator of Forests regarding the nature of the land, trees and other vegetation on the land. 1 Inserted by Act 32 of 2009 ( w.e.f 20-08-2009). 9 (4) Immediately on receipt of the report under sub-section (3), the Principal Chief Conservator of Forests shall forward the same with his recommendations to Government and the decision of the Government thereon shall be final. (5) If the decision under sub-section (4) is that any land or portion thereof is an ecologically fragile land, the Tribunal shall at the option exercised by the applicant, within such time as may be prescribed, continue the proceedings suspended temporarily under sub-section (2) in respect of such land. (6) If the decision under sub-section (4) is that any land or portion thereof is not an ecologically fragile land, the custodian shall, as soon as may be, return the possession of such land or portion thereof, as the case may be, to the owner of such land and that the said land shall not be purported to have been vested in the Government at any time under the provisions of this Act, and in respect of the land which is returned, the Tribunal shall put an end to the proceedings which is pending before the Tribunal and suspended temporarily under sub-section (2) and pass orders thereon. (7) No application for settlement of dispute under this section shall be filed after the expiry of six months, as the case may be, from the date of publication of the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Amendment Act, 2009 or from the date of notification declaring such land as ecologically fragile land under section 3. (8) The form, the manner and fees for preferring an application under sub- section (1) shall be such as may be prescribed.