Rule 45
May File An Application For Realizing Compensation
-In case anyone wishes to
realize compensation from any individual, institution or proponent under section
17 of the Act, he/she may Submit an application to the concerned Chief District
Officer mentioning the type of loss suffered by him/her as a result thereof, and the
amount of compensation sought by him/her.
(2) In case an application is received under Sub Rule (1), the Chief
District Officer shall conduct investigation into it, as well as, into the actual
situation prevailing at the concerned place, as required, and also seek the opinion
and suggestion the concerned officer in the district of the inspector, if any, deputed
to district, and then evaluate the actual loss suffered by the applicant.
(3) If, for any reasons the loss cannot be evaluated under Sub- Rule (2) the
Chief district Officer shall forward the application to the concerned body for its
suggestion on the Matter within 30 days from the rate of receipt to the application.
(4) In case an application is received under Sub Rule (3) the concerned
body shall conduct necessary investigation and study the actual prevailing
situation as required, and send back the application to the concerned Chief District
officer along with its opinion and suggestion
(5) In case the loss has been evaluated under Sub-Rule (2) the Chief
District officer shall determine the amount of compensation accordingly and in
case the suggestion to the concerned body has been sought, the Chief District
Officer shall do so after receiving the suggestion under Sub-Rule (4)
(6) In case an application for compensation has been forwarded to the
concerned body under Sub Rule (3), the chief District Officer shall take a decision
in respect to payment of compensation within 15 days from the date of receipt of
suggestion from the concerned body and in case the application for compensation
has not been forwarded to the concerned body by the Chief District officer shall
take decision regarding the compensation within Six days of application.
(7) In connection with the determination of the amount of compensation,
the Chief district Officer shall have the powers to summon the concerned
individual, institution or proponent, record his/its statement, order for the
Submission of any document equipment machinery etc, and enter into and
investigate from where pollution, noise, heat or gases has been created or emitted.
(8) The amount of the compensation determined by the Chief District
Officer under this Rule shall be appropriate and reasonable.