Obligations relating to land acquisition. The Mine Operator shall, in accordance with the provisions of this Agreement undertake the activity for acquisition of the land required by the Mine Operator and obtaining physical possession of the Site. Any failure or default of the Mine Operator to comply with its aforesaid obligation shall be deemed to be a Mine Operator Default for the purposes of Clause 37.1.1 of this Agreement. In addition to other rights and remedies available to the Authority under this Agreement, the Authority shall be entitled to terminate this Agreement in accordance with Article 37. Cost for acquisition of any land required by the Mine Operator, shall be solely borne by the Mine Operator. In addition, the Mine Operator shall be solely liable to ensure compliance with Applicable Laws, at its own costs and expenses, in relation to the acquired land. However, the title of the land acquired (within or outside of the leasehold area) for the Project, shall vest with the Authority. The land already acquired by the Authority within the leasehold area may be utilised by the Mine Operator for the purpose of the Project without any additional payment to the Authority. The Mine Operator shall be responsible for obtaining the physical possession and provision of financial compensation and compensation for Rehabilitation and Resettlement for any land acquired or to be acquired for the Project, under Applicable Laws in accordance with the provisions of this Agreement.
Obligations relating to land acquisition. The MDO shall undertake, assist and facilitate in all activities related to Land Acquisition, obtain physical possession of land (within and outside the mine lease boundary) required for the entire coal mine area, external OB dump, Railway Siding(s), CHP & Silo, approach road and coal transportation roads, conveyor corridor, R&R Colony, diversion of roads, HPGCL’s Residential Complex & Colony and for any other infrastructures as directed by HPGCL. The obligation of the MDO for Land Acquisition includes assistance and facilitation in Acquisition of Land identified for compensatory afforestation purpose, and conducting any studies as required by the Statutory Authorities. The cost of Land Acquisition [all type of land like Government land, Forest land (including Net Present Value & Compensatory Afforestation of such land) , Tenancy land, land occupied by squatters or encroachers, land for R&R Colony etc.] shall be borne by HPGCL. The title of the land shall vest with HPGCL. MDO shall assist HPGCL to comply with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, CBA(A&D) Act, 1957 as applicable, in accordance with the provisions of this Agreement; HPGCL authorises the Mine Developer and Operator to undertake all activities pertaining to Land Acquisition and Rehabilitation & Resettlement (R&R) except for the cost of the Land and R&R in accordance with the provisions of this Agreement and no separate payment shall be made to MDO for these activities.
Obligations relating to land acquisition. The Mine Operator shall, in accordance with the provisions of this Agreement and Annex-VI of Schedule B, undertake the activity of obtaining physical possession of the Site. Any failure or default of the Mine Operator to comply with its aforesaid obligation shall be deemed to be a Mine Operator Default for the purposes of Clause 37.1.1 and in addition to any other rights and remedies available to the Authority under this Agreement, the Authority shall be entitled to terminate this Agreement in accordance with Article 37.
