Law Of Acquisition And Requisitioning Of Land

[Cites 179, Cited by 0]

Law Commission Report

Law Of Acquisition And Requisitioning Of Land

 

LAW COMMISSION OF INDIA

TENTH REPORT

(LAW OF ACQUISITION AND REQUISITIONING OF LAND)

GOVERNMENT OF INDIA MINISTRY OF LAW



REPORT
ON THE LAW OF

ACQUISITION AND REQUISITIONING OF LAND



V

______\

H'

CHAIRMAN,
LAw COMMISSION.
New Delhi, 261/1 September, l958
3Sh1'i Ashok Kumar Sen,
Minister of Law,
Government of India,
New Delhi.
My dear Minister,

I have great pleasure in forwarding herewith the Tenth
Report of the Law Commission on the Law of Acquisition
and Requisitioning of Land.

2. At the seventh meeting of the Statute Revision Section
held on the 3rd May 1956, the Commission decided to take

,_--up the revision of the Land Acquisition Act and entrusted

the task to a Committee consisting of Shri P. Satyanarayana
Rao and Shri V. K. T. Chari.

3. The consideration of the subject was initiated by Shri
P. Satyanarayana Rao, the senior Member of the section of
the Commission dealing with Statute Law Revision who for-
mulated a scheme for the revision of the Act. The principles
underlying the scheme of revision were discussed at a meet-
ing of the Statute Revision. Section held on the 22nd Septem-
ber, l956. A draft Report prepared by Shri Rao on the
basis of the scheme was circulated to all the Members of the
Commission and their views were invited thereon. The
draft Report was discussed at a meeting of the Commission
held on the 29th March, 1958. Important suggestions made
by Members at this meeting were accepted and it was left
to the Chairman to ﬁnally settle the Report in the light oi' the
discussion.

4. The Commission wishes to acknowledge the services

rendered by its Joint Secretaries Shri K. Srinivasan and Shri
D. Basu in connection \-Vflil the preparation of the Report.

Yours sincereiy,

M. C. SETALVAD



REPORT ON THE LAW OF ACQUISITION AND REQUISITIONIN G OF LAND

PARAGltApI-I5

1
2-I9

56-149
App. I
App. I1
App. "111
App. IV
App. V

CONTENTS

Introduction .
History of the legislation:

(at) Acquisition . . . . . . .

(be Requisition . . . . . . .

(c Other laws . . . . . . .
Need for consolidation .

Legislative power under the Constitution . .
Constitutional limitations on the exercise of the power .
Scheme for revision and consolidation . . . . .
Important aspects discussed :
(a) Public purpose . . . .
(b) Principles for determining com nsation
Two important suggestions consider :
(a) 'Potential value' . . .
(b) Solatium . . . . . . .
Examination of the provisions of the existing Acts, indicating
the changes proposed :
Land Acquisition Act, 1894 . . . . .
B. liequisgitignin & Acquisition of Immovable Property
ct, I 5 . . . . . . . .

APPENDICES

Proposals as inserted in the body of the existing Act
Comparative Tables--
Table A.---Showing the provisions in the existing Act and
the corresponding provisions in Appendix I . .
Table B.---Showing the provisions in Appendix I and the
corresponding provisions in the existing Act .
State Land Acquisition Amendment Acts '
Part I.---List of Acts :
Sec. I.----Part A States . . . . .
Sec. II.--Part B States . . . . .
Sec. III.---i'art C States . . .
Sec. IV.--Native States . .
Part II.--Brief summary of the Acts :
Sec. I.»----Part A States ((}:§_t'ore 1st November, 1956) .
Sec. II.-----Part B States ore 1st November, 1956) .
Sec. III.---Part C States . . . .
Sec. IV .--Native States .
Other Acts containing provisions for acquisition
Part I.--List of Acts :
Sec. I.---Centrai Acts .
Sec. I[.'--Statc Acts . .
Part IT.--Bricf sununary oi' the Acts
Sec. I.~--Central Acts . . . . . .
Sec. l'I.--State Acts . . . . . .
State Rcquisitioning and Acquisition Acts----
Part I.--Li.st of Acts :
Sec. I.---«Principal Acts . . .
Sec. II.~--Continuance Acts . .
Part II.--Brief summary of the Acts :
Sec. I.--Principal Acts .
Sec. ]I.--Continuance Acts . . .
Part ]1I.--Tabular Statement . . .

PAGES

51--39

90--93
94-97

93
5-3
99
' 99

I(|0---i 13
113-424
124----I25
125--131

13.2
13 3--I 34
I 34--139
139-4145
14u5«--I4-T
147

l4:i----1 72
l'7IZ--! '74
]? 5----l 86



REPORT ON THE LAND ACQUISITION ACT

1.

The power of the sovereign to take private property for public use (called in America Eminent DomaiI1--an expression believed to have been ﬁrst used by Grotius) and the consequent rights of the owner to compensation are well~establis'hed. In justiﬁcation of the power, two maxims are often cited: salus pojpuli. est: supremo. {ex (regard for the public Welfare is the highest law) and necessitas publica major est quam private (public neces~ sity is greater than private necessity). A critical exami- nation of the various stages of evolution of this power and its ethical basis will serve no useful purpose as the power has become firmly established in all civilized coun- tries. In England, the source of the power is Parlia- ment. The earliest consolidating enactment was the Land Clauses Consolidation A.ct,_1845. This has to a large I extent been altered by later statutes.

2. The ﬁrst piece of legislation in India in respect of acquisition of property was the Bengal Regulation I of 1824. It applied "throughout the whole of the provinces immediately subject to the Presidency of Fort William." It provided rules for enabling the officers of Government to obtain, at a fair valuation, land or other immovable property required for roads, canals or other public pur- poses. By Act I of 1850, some of the provisions of this Regulation were extended to the town of Calcutta with the object of "conﬁrming the title to lands in Calcutta taken for public purposes". In the middle of the nine- teenth century, when the railways were being developed, it was felt that legislation was needed for acquiring lands for them. Act XLII of 1850 declared that Railways were public works within the meaning of the Regulation and thus enabled the provisions of Regulation I of 1824 to be used for acquiring lands for the construction of Railways.

Introduction History of the Legisla-

tion in India

(a) Acquisi-

hon.

3. In Bombay, the Building Act XXVIII of 1339 was 'the ﬁrst piece of legislation whereby the machinery for acquisition of land "for the purposes of widening or alter- ing any existing public road, street, or other thorough- fare or drain or for making any new public road, street or other thoroughfare within the islands of Bombay and Colaha" was provided. This Act was extenéged by Act XVII of 1350 to taking lands for railway purposes within the Presidency.

4. In Madras, Act XX of 1852 was passed for the purpose of facilitating the acquisition of land for public purposes in the Presidency oi Fort St. George. The Act of 1352 adopted. with modiﬁcation, the first seven sections of the Bengal Regulation I of 1824. Act XLII of 1850 was at the same time extended to the Presidency. Both these Acts were extended by Act I of 1854 to the town of Madras.

5. 111.3 first enactment on this subject for the whole of British India was Act VI of 1857. It repealed all previous enactments relating to acquisition and its object, as stated in its preamble, was to make better provision' for the acquisition of land needed for public purposes within the tesrritories in the possession and under the governance of the East India Company and for the determination of the amount of compensation to be paid for the same. Under this Act, the Collector was empowered to ﬁx the amount of compensation by agreement, it possible; but if there was no such agreement, the dispute had to he referred to arbitators whose decision was to be ﬁnal and could not be impeached, except on the grounds of corruption or misconduct of the arbitrators. fliﬁs Act was amended by Acts II of 1861 and XXII of 1363. A few years' ex- perience of the working of the Act revealed that the method of settlement of compensation by arbitration was unsatisfactorjr as the arbitrators were found to be in- competent and sometimes, even oorrupt. There was no machiiiery provided to get their decision revised as there was no appeal provided under the Act against the award of the arbitrators. The legislature had to intervene and Act X of 1870 was passed. This Act, for the first time, provided for a reference to a civil court for the determina- tion of the amount of compensation when the Coilector could not settle it by agreement. It laid down a detailed 3 procedure for the acquisition of land and also provided deﬁnite rules for the determination of compensation. In 1885, a separate Act (XVIII of 1885) was passed with the object of making provision for the grant of compensation to the owners of mines situated under the land sought to be acquired by the Government, where such mines were not required by the Government but the owners were pre- vented from working them. This measure, though styled Land Aquisiticrn (Mines) Act, had, in fact, nothing to do with acquisition. It was purely a law of compensation.

6. The Act of 1870 was found to be defective in various respects and eventually the Land Acquisition Act, 1894 (Act I of 1894) was passed. This Act was later amended by Acts IV and X of 1914, XVII of 1919, XXXVIII of 1920, XIX of 1921, XXXVIII of 1923, XVI of 1933 and I of 1938. It may be noticed here that the amending Act out 1923 introduced, for the first time, an important change, in that it gave an opportunity to the persons interested in the lands proposed to be acquired to state their objections to the acquisition and to be heard by the authority con- cerned in support of their objections.

7. The Land Acquisition Act, 1894, applied originally Existing only to British India. The Native States passed their 1'3"

own Acts. for example, the Hyderabad Land Acquisition Act, 1309 Fasli [Act IX of 1309F (1899)], the Mysore Land Acquisition Act, 1894, the Travancore Land Acquisition Act, 1089 [XI of 1089 (1914)].

8. Under the Government of India Act, 1919 and the Government of India Act, 1935 (item 9 of List II of the Seventh Schedule), the Provinces had power to legislate with respect to compulsory acquisition of land. In exercise Of this power, some of the Provinces amended in certain respects, the provisions of the Act of 1894. After the Indian Independence Act, 1947, by the Indian Indepen- dence (Adaptation of Central Acts and Ordinances) Order, 1948, sub-section (2) of section 1 of Land Acquisition Act was amended by substituting the words "all the Provinces of India" for the words "the whole of British India". After the Constitution, under the Adaptation Order of 1950, for the -Words "the Provinces of India" the words "the whole of India except Part B States" were substituted. The Part B States Laws Act, 1951 (III of 1951}, did not extend the Land Acquisition Act to Part B States. Under the 4 Adaptation of Laws No. 2 Order, 1956, which was pro- mulgated after the States Reorganisation Act, 1.956, for the word; "except Part B States" the words "all the terri-- tories which immediately before the 1st November, 1956 were comprised in Part B States" were substituted. The Part B States had, however, laws of their own with regard to land acquisition. .The Land Acquisition Act of 1894 does not apply to Jammu and Kashmir. The laws relat- ing to Land Acquisition which are now in force in the various States of India may, therefore, be classiﬁed as under:

(1) The Land Acquisition Act of 1894 as amended from time to time by the Provinces and the States by virtue of the power vested in them under the Government of India Acts and the Constitution;

(2) The Acts passed by the Native Sta.tes; (3) The Acts passed by some of the Part B States.

9. A detailed statement of these laws and a Summary of the changes introduced by the amending Acts passed by the States are to be found in Appendix IH to this Report.

10. Besides the aforesaid Acts which directly deal with the acquisition of land, there are other Acts of the Union and the States in which provision is made for such acqui- sition. An examination of these Central and State Acts, pased be_fore and after the Constitution and sum- marised in Appendix IV (which may not be an exhaustive list) of this report discloses that different procedures for the acquisition of land have been adopted in the legisla- tion of the States and the procedure varies even in the same State, depending upon the purposes for which the acquisition is made. There is no uniformity either in the principles for the determination of the compensation or in the tribunals constituted for determining it. Some of the Acts have adopted the principles and procedure contained in the Act of 1894 while others have deviated from them. The main points on which there are deviations may be summarised as follows:

(1) The connotation of the expression 'public pur-

pose' has been enlarged so as to bring within the ambit of the Land Acquisition Act purposes for which a State may wish to- acquire land.

UL (2) The relevant date for the determination of the market-value of the land has been altered to the- date of either the declaration under Section 6 or the date of a special notice, the issue of which is provided by the Acts.

(3) The principles for determining compensation laid -down in sections 23 and 24 of the Land Acquisition Act have been materially altered.

(4) Some of the Acts authorise the appointment of a special Tribunal for the determination of the compensation and for its apportionment in cases of dispute. The qualiﬁcations of the members-

constituting the Tribunal also vary.

(5) In m.ost cases, an appeal from the adjudication of the Tribunal is provided and usually it lies ":0 the High Court.

11. As one of the objects for which the Law Commis- sion is constituted is to make laws uniform throughout the country as far as possible, the question for co-nsideration is whether it is possible, having regard to the provisions of the Constitution, to apply the provisions of the Land Acquisition Act to cases governed by Acts speciﬁed in Ap- pendix IV. Parliament is, under item 42 of List III, entitled to enact a law relating to acquisition and requisitioning of property. Article 254 of the Constitution lays down the principles for resolving' inconsistency between laws made by Parliament and laws made by the State Legislatures in respect of matters speciﬁed in the Concurrent List. The proviso to Article 254(2) empowers Parliament to enact a. law at any time with respect to the same matter, including a law adding to, amending, vary- ing or repealing the law so made by the Legisla- ture of a State. The essential condition for the application of the proviso to Article 254(2) is that the legislation made by Parliament and the State Legislature must relate to the same matter in the Concurrent List.

I 12. However, the Acts enumerated in Appendix IV do not relate exclusively to acquisition and requisitioning of"

property. For example, the Calcutta Municipal Act, 1951 is a piece of legislation in respect of a matter which, it may be urged, is exclusively within the State List though that Act has incorporated in it, in a modiﬁed form, the previ- sions of the Land Acquisition Act. Applying the doctrine 6 of pith and substance, it may not be possible to assert that such a piece of legislation is one with respect to the acqui- sition of land, though it contains provisions relating to its acquisition. It is, therefore, a matter of doubt whether the provisions relating to land acquisition in the Calcutta Municipal Act, 1951 could pro tanto be replaced by Parlia- mentary legislation. This would leave matters in a very unsatisfactory situation. It would result in the position that if the object of acquisition is different, diﬁerent principles of valuation of land can be applied and different tribunals could be approached for the assessment of com- pensation, even though the lands sought to be acquired are situated in the some State.

13. If that be the true legal position, the difﬁclﬂty can be solved only by persuading the States to conform, -as far as possible, to the law relating to the acquisition of land enacted by Parliament. Another solution probably lies in the States requesting. Parliament to legislate for them under Article, 252 of the Constitution. Whatever be the method adopted, it is very desirable that there should be iuniforrnity in the laws relating to acquisition of land throughout the country.

(bl_l*-<=9"iSi- 14. During and after the last war, requisitioning of mu' property became an imperative necessity. The power to requisition property was derived under {the Defence of India Act of 1939 and the rules framed thereunder. The Defence of India Act, 1939, came to an end on the 30th September, 1945. 'With the termination of the Act, the power to retain possession of the properties already requi- sitioned would have automatically lapsed, and in cases where compensation had yet to be determined, there would have been no machinery in existence. to determine the compensation. The legislature had to intervene to deal with the situation that had thus arisen.

Under the legislative power conferred by section 3 of the India (Central Government and Legislature) Act, 1946 [9 and 19, George IV, Chapter 39), the provinces passed Ordinances or Acts continuing the powers or requisitioning and in some cases took powers to acquire the requisitioned property.

15. Before the Constitution came into force, some of the States had passed Requisitioning and Acquisition Acts, pre- sumably under the legislative power claimed to have been 7 conferred upon the provinces under Item 9 of List H of the Seventh Schedule of t.he Government of India Act, 19.35, but a difficulty arose by reason of a decision of the Bombay High Court, which held' that the word 'acquisition' in entry 9 did not include the power of requisitioniug and that, thercfore_ the provincial legislatures had no power to enact laws relating to requisitioning of property. The Gove1nor--GeneraI, therefore, had. immediately to inter- vene under section 104 of the Government of India Act, 1.953, by issuing a notiﬁcation" whereby he empowered the provincial legislatures to enact laws in respect of the requisitioning of 1ar1d3.

1E. The need for requisitioning did not, however, cease and the inadequacy of accommodation for officers of the Government, displaced persons and refugees created an emergency justifying the continuance of the power of requisitioning. The Centre and the States, therefore, pass- ed Bequisitioning Acts. In View of the distribution of legislative powers as it then existed under the Constitution, the Union had to pass a Requisitioning Act of its own for the requisioning of property for Union pu.rpose,g and the State Legislatures had to pass separate Acts for requisition-

ing for State purposes and public purposes other than Union purposes. A

17. Appendix V to the Report gives details of the Re- quisitioning and Acquisition Acts now in force in an the States. These Acts-are temporary Acts and most of 1;}-Lem W511 GXPITB in 1953. A close examination of the provisions of these Acts would show the absence of uniformity in their provisions. There are variations in the State Acts regarding the kinds of property that may be requisitioned, the principles for determining compensation payable in respect of the requisitioned property, the tribunal or the authority to determine such compensation and the power to acquire land which has been requisitioned.

18. We are oi the View that the power of requisitioning property of a private owner is an extraordinary power and can justifiably be invoked only when an emergency arise; That is Perhaps the reason why most of the Requisitioning

1. Tan Bug Tain '-'. Collector of Bombay, A-I.R. 1946 Bom. 216.

1. Notiﬁcation No. F. 311-47C & 0 dated 21st October, 1947,

3. Vida, The Assam Co. Ltd. v. '17:: State of Ana," and a,;,,,., A IR ' as to and »{c) Other Laws.

Need for consolida-

non.

Acts are temporary. Though we have included the provi- sions relating to requisitioning of P1'0P€1"3.'Y in P3" U1 "f our legislative proposals, we do not suggest that the provisions in prat III should be in force permanently or throughout the country. We have provided that 'these provisions will be operative only on the issue of a notiﬁca- tion by the appropriate Government and further that; the provision may be made applicable to the whole or part of a. State as the circumstances may require. It. is relevant, in this connection. to point out that in other countries also, the power of requisitioning property is very sparingly used and that too, only in cases of emergency.

19'. Though it is an Act which is closely connected with ' acquisition of land, we do not propose to deal with the Land Acquisition (Mines) Act, 1885 (XVIII of 1885). The laws enacted for the abolition of Zamindaris, Jagirs, major Inams and the like have vested in the respective State Governments the underground rights in the land. In the Ryotwari areas, the problem did not arise and could not arise as the right of the Government to the underground rights was never disputed.

would have recommended the repeal of the Act but for the fact that there may still be in existence some minor Jagirs, and Inams in which the proprietor has underground rights in the land. As it has not been possible for us to make an exhaustive inquiry into this matter, we think that the Act may he continued on the Statute Book for some more years. .

20. A proposal was made to us to include the Flamin- Ciiifls and Jagirg Abolition Acts of the States in the pro-- posed legislation. Such Acts, it is obvious are beyond The scope of the land acquisitions laws. They proceed on entirely diiferent principles regarding ihe assesmen-; and "payment of compensation and the agency to determine it, and as such do not bear any comparison with the principles laid down in the Land Acquisition Acts. Some of these Acts have worked themselves out and the process of aboli- tion has almost been completed. They are also subject to special constitutional provisions. It is, therefore, not advisable to include them in our draft legislative proposals.

21. The Union Government and some of the State Gov- ernments have advocated the consolidation of the laws relating to acquisition and requisiiioning of property. it is obvious that there should he uniformity in the matter of this legislation and the rights and liabilities of citizens of In view of this position, we ' 9 one State should not materially differ from those of another in respect of acquisition and requisitioning of property. We have, therefore, in the proposed draft, consolidated the laws on the subject.

22. Any scheme for revision and consolidation of the law has to be in conformity with the Constitution, It is, therefore, necessary to examine the extent of the legislative power of the Union and the States in respect of a law for the acquisition and requisitioning of land. Before 1956, the legislative power in respect of acquisition and requisi- tioning of property was distributed between the Union and the States and the power to lay down the principles of compensation was included in the Concurrent List (vide entry 33 of the Union List--List I; and entry 36 of the State List--~List II; and entry 42. of the Concurrent List--Lis1; III) of the Seventh Schedule. 'I"his anamolous position was put an end to by the Constitution. (Seventh Amendment) Act, 1956, by omitting all these entries in the Union List and the State List and substituting for entry 42 in the Concurrent List the words "Acquisition and Requisitioning of Property". The Union and the States are now empower-

-ed to enact laws relating to acquisition and requisitioning of property.

23. The exercise of this power is subject to the limi-

tations laid down by Article 31 of the Constitution as amended. Under this Article, there are two limitations imposed upon the exercise of the power. . First, the compulsory acquisition or re-

quisitioning of the property should be for a public pur- pose; sccondly, the law enacted in that behalf should pro- vide for compensation for the properties so acquired or requisitioned and should either fix the aomunt of the com- pensation or specify the principles on which and the manner in which the compensation is to be determined and given. No such law, however, can be called in question in any court' on the ground that the compensation provided by that law is not adequate. If, therefore_ the law com- plies with these requirements, the compensation will not be justiciable. The contrary View laid down by the Sup- reme Court in the State of West Bengal 1;. Bella Banerjeel has been superseded by the amendment of the constitution.

24. The determination that a purpose is a 'public purpose' is no longer a matter for the subjective satisfac- tion of the appropriate Government. The existence of a Dublic purpose is a necessary condition to the acquisition I. A.l.R. (T954) so :70. " mm '' Legislative-

powcr under the Consti-

tution.

Constitu-

tional limita-

tions on the exercise of the power.

Scheme for revision and Consolida-

tiou.

Acquisition.

Part I 10 or requisitioning of property and that the existence of such a purpose must be established objectively has been se-ttled by the decision of the Supreme Court in Bella Banerjee's1 case and is still good law. .

25. Sub-clause 5(a) of Article 31, however, creates an exception in that it saves the provisions of any existing law other than a law to which the provisions of clause 6 of that Article apply. If the Land Acquisition Act, 1894.- and other existing laws are allowed to continue in force without alteration, the provision in these Acts to the effect that the declaration by the Government that the land was required for a public purpose shall be conclusive evidence cannot be challenged. The position would, how- ever, be different if a consolidating Act is now enacted. The decision of the Government that a land is needed for a puhlicpurpose will not have the ﬁnality which it would have had, if Act I of 1894 and the other acts were left untouched. But that need not deter us from consolidating the law. The expression 'public purpose' is not restricted in its meaning by any deﬁnition and has been held to be of very wide import. We have accordingly proposed an in-_ elusive deﬁnition of 'public purpose' keeping in View the priniciples laid down by the decisions of courts.

26. The scheme adopted by us for consolidation and revision of the Land Acquisition and Requisitioning Acts is as follows :--

Part I----Preliminary (which contains the general provisions and the deﬁnitions).

Part II-Acquisition.

Part III----Rcquisitioning and requisition followed by acquisition.

Part IV--Procedure in court.

Part V-----Miscellaneous.

27. The present Central Act has been in force for over 60 years. Experience has shown that inordinate delay occurs in acquisition proceedings. The main complaint of the Governments is that they are greatly handicapped in carrying out large projects in and outside the Development Plans as well as other works of public utility, as the machinery provided and the procedure laid down in the Act lead to great delays in obtaining possession of the land sought to be acquired. For the smooth and speedy attain- ment of the ideal of a Welfare State, it is imperative 'that

1. A.I.R. (1954) so 170.

1 I the Government should he abie to obtain possession of the lands needed for their projects with the least possible delay. On the other hand, the complaint from the: public is that there are unconscionable delays in the determina- tion of compensation and its payment to the owners of properties. The Finance Ministry has given four instances in which the carrying out of projects {has , been deiayed because they could not obtain possession of the land in time and it has been stated that acquisition proceedings commenced as early as 1948 are still pending. It is noteworthy, however_ that the State Governments themselves admit that the delay is largely due to the tardy manner in which the machinery of the Govern- ment moves in the matter. They also admit that, if the land acquisition officers are made to work methodically and expeciitiously, the pace can be quickened. Any pro« posal for the reform of the law should, therefore, aim at overcoming the-se evils. Most at the delay occurs in the initial stages of the proceedings between the date of the notiﬁcation under section 4; and the declaration under section 6-. Further delays arise in the making of the award by the Collector, with the result that as under the existing

-law, the Government cannot obtain possession until the award is made and the taking of possession is indeﬁnitely delayed.

28. The chief remedy suggested by the State G0-vern- ments and others is that a time limit should be ﬁxed for each step required in the acquisition proceedings antic further, an over--all tirne limit should also be fixed for the completion of the proceedings by the Land Acquisition Diﬁcer. We have given effect to these suggestions. It has not been possible to provide for sanction for enforcing the time limit at each stage where a time limit has been ﬁxed. We have, therefore, made a provision in sections 18 and 19 of the draft for c-ancellation of the hotiﬁcation under section 4(1), if the over-all time limit ﬁxed for the two stages of the proceedings. for acquisitio-n----name1y, the ﬁrst, from the date ofnotiﬁcation under section 4(1) to the date ﬁxed by the Collector for an enquiry into the case and the second, from the stage of such enquiry to the reference to the Court for recording the agreement, if any, arrived athetween the parties-----is not adhered to. The result of cancellation of the notiﬁcation under section 4(1) will be that the owner will be entitled to get back posses- sion of the property together with compensation for ZLlI..aw.'61' . -

deprivation of possession thereof and damage, if any, done to the property.

29. Under the existing law, before a reference is made to the Court, three stages have to be gone through. The ﬁrst stage is the notiﬁcation under section 4 followed by a preliminary investigation and the hearing of objections to the proposed acquisition. The second stage is the declare- tion under section 6 after the Government decides upon acquisition. The third stage is the survey of the land, that is, demarcation, measurement and preparation of the plan. (unless this has been done during the ﬁrst stage), followed by notices to the persons interested, inviting claims and enquiry by the Collector to enable him to make the award. Unfortunately, there is a lacuna. in the Act in so far as it does not indicate the course of action which the oﬁlcer authorised under sub-section (2) of section 4 should adopt after completing the investigation. Obviously, the object of the investigation is to ﬁnd out, by operations to be carried out on the land, the suitability-of the land. for the purpose for which it is intended to be acquired. The object of the hearing of objections by the Collector under section 5A is to decide whether the acquisition is really for a public purpose and to ascertain, if possible, whether other lands in the locality may not be better suited to the purpose. The persons interested are also entitled at that stage to point out the inconvenience or the serious conse- quences that might follow the location of the Work in the particular land speciﬁed in the notiﬁcation under section 4. The Government, therefore, in reaching a decision, have to make up their mind on two points:

(1) whether the purpose is public or not; and (2) the suitability of the land notiﬁed :Eor the purpose.

Thereafter, the procedure beginning from section I5 has to be followed under the existing law. The most important point to consider at this stage is, whether the survey and demarcation and the preparation of the plan should be directed to precede or follow the declaration under sec- tion B or should be left to the discretion of the oiﬂoer as at present. The effect of a Bombay amendment is that the investigation under sub-section (2) of section 4 can precede the preliminary notiﬁcation under section 4. The 'I3 Government of India have suggested that after the investi- gation under section 4(2), there should be a further noti- ﬁcation before the declaration. under section 6 is made. Neither of these courses has commended itself to us. As We think it essential to enact" provisions which will enable the Government to acquire possession as early as possible, we have sought to empower the Government to take possession of the land immediately after the declaration. To make this possible it is necessary that the survey, demarcation, and measurement of the land and the pre- paration of the plan should be completed before the declaration is made. We have, therefore, adopted the. following scheme.

30. After the notiﬁcation under section 4(1), the investigation under section 4(2) should be completed and, there should be a report by the officer to the Collector.

Simultaneously with the investigation by the ofﬁcer, the Collector should hear objections to the acquisition and also prepare his report in that behalf. These two reports should reach the Government to enable the Government to take a decision on the question of acquisition. If the Government decide to acquire the land, the demarcation and other procedures, under section 8, should be completed-

After these are completed, there should be a notiﬁcation- by the Government declaring that the land is needed for a public purpose, authorising the Collector to take order"

for acquisition (as under section 1?) and empowering him to take possession of the land within a speciﬁed period. The notiﬁcation should also include a detailed descriptions of the land by its survey number, and area 'and should also state Where the plan could be inspected. It should be possible to complete these proceedings, beginning with the notiﬁcation under section 4 and ending with the declara- tion, within a maximum period of six months; and if the Government speed up the matter by suitable rules, the proceedings may even be ﬁnished sooner and the Govern-

ment could obtain early possession of the land. We have-

made a separate provision for emergent cases widening the- scope of the provisions of section 17 of the Act. For temporary possession, the power to requisition may be resorted to, after issuing a notiﬁcation under Part III of the proposed legislation.

31. Under the existing law, after the declaration for acquisition, the Collector has to issue a public notice as well as individual notices to the persons interested, 14 'inVit_ing claims. The Collector then proceeds to make an 1T1q111'1-"3' and make an award determining the compensation. If there IS any dispute, an application has to be made under section 8 for a reference to the Court. We fee] that an mq'-111i'V bit' the Collector and an award by him are an unnecessary duplication of p-rocedure. The inquiry by the Collector is administrative and not judiciall. The so-ca11ed aW3I'd 15 01113' an oﬁer made by him on behalf of the Government. It binds the'Government but not the other party. It is said that the Collector" in determining com-_ P9n5ati0I1, Often acts On the information furnished by his subordinate revenue officers and does not independently Weigh the evidence". The offer which he makes as a result of his inquiry can as well be made by him on the basis of the information which he has about the value of the land. He may get i.nformation_ if he so desires, from his subordinates or by local enquiry and there are provisions in the Act enabling him to gather such infonnation. He may consult the Government regarding -the value of the land, or, if the acquisition is made on behalf of other persons he may consult them as well. On 'the basis of such material as is available to him he can make an oﬁer to the persons interested and_ if possible, may by negotia- tion fix the amount of compensation. If there is an agree- ment, it may be recorded and an order passed on that basis. Parties may agree as regards compensation pay- able, the area of the land and, if there are more persons than one interested in the same land, the apportionment of the compensation amount proposed to be given to the parties inter so, In fact, this procedure of settling the com- pensation by agreement has been adopted by some of the Requisitioning Acts as well as other Acts, such as the Coal Bearing Areas (Acquisition and Development) Act, 1947 (Act XXVIII of 1957), and we think this is a better method than on inquiry by the Collector, which causes considerable delay in the matter of ﬁxing the compensa- tion. If no agreement is reached, the Collector can straightway refer the matter to the Court. Again, where there is a dispute regarding apportionment, it would not be necessary, as at present, for the parties to make appli- cations under sections 18 and 30; instead, the matters in dispute could at once be taken to the Court. It may be said that where the acquisition is in respect of large areas of land and the claims are numerous, there may be delays . Ezra V. Secy. of State, 32 ca]. 605 P.C. at P 629.

in determining the compensation even by the C011l't- The solution for this lies in the hands of the Government; and if it needs expedition, it can appoint as many special courts as are necessary to deal with the Volume of Work and speed up the proceedings for determining compensa- tion. The power to appoint special courts is provided in the proposed legislation (See Appendix I).

32. As regards the payment of compensation, We have provided that if there is agreement as to all the matters in issue, the Collector shall at once tender the amount to the parties. Even if _ an agreement is not reached, the Collector has to tender to the persons concerned the amount which he considers a fair compensation; and if they do not receive it, the Collector may deposit the- amount in Court within the period ﬁxed. These provisions are intended to secure the avoidance of payment of interest by the Government to the extent of the deposited amount, if there is eventual delay in the disposal of the proceedings owing to the objection of the persons entitled to the compensation. The interests of such persons have also been safeguarded by providing that their rights will not be prejudiced by the mere acceptance of the deposited amount.

33. We have adopted the Central Act as the basis for ('9) i§<=q_UiSi- consolidation, and very few changes of a radical nature "°m"5' have been made in the scheme of the Act. We have tried. to bring about uniformity by consolidating the provisions of the various Acts. Unnecessary provisions of the State Acts have been omitted. The main alteration which we have made is that, instead of constituting separate tribunals. for determining compensation for the requisitiolied pro- perty, a reference to the court as under the Land Acquisi- tion Act has been substituted. Under the existing law, the tribunal has to be presided over by a High Court Judge or a District Judge. We think the better method is to refer it to the Court itself. Where acquisition follows requisition, we have provided that after the necessary notiﬁcation of the intention to acquire, the procedure under the Land Acquisition Act should be followed.

34. The power of requisitioning can be exercised, under the law as it now stands, only for the purposes of the Union, and in most of the States for the purposes of the State. There is no power. to requisition -the land for the beneﬁt of a company, or other persons or authorities as in the case of acquisition of land. We do not see any reason to enlarge the power and extend it to such cases.

Important pacts dis-

cussed.

(3) Public purpose.

35. We are of the View that the law of r-squisitioning

-should be embodied in a permanent code but should be brought into force by a notiﬁcation, only when such action is deemed necessary. We have, also. provided that no property could be kept under requisition for a period longer than 5 years. If before the expiry of that period, the Government thinks that it is necessary to acquire the property, they are at liberty to do so and suitable provi- sion has been made in that behalf. If, however, they decide not to acquire it, then it would not be proper for them to continue to keep the property indeﬁnitely in their possession.

3ﬁ. We shall next proceed to explain some of the important features of the proposed legislation.

3?. Public purpose is not deﬁned in the Act. 'There is only an inclusive deﬁnition which relates to village sites in districts. In other respects, there is no indication in the Act of any test for determining whether a purpose is a public purpose or not. A large number of suggestions have been received by us urging that we should clearly and exhaustively deﬁne the term 'public purpose'. hi on ever changing world, the connotation of the expression 'public purpose' must necessarily change. If a precise deﬁnition is enacted, it would become rigid and leave no room for alteration in the light of changing circumstances. It would leave no room for the courts to adjust the mean- ing of the expression according to the needs of the times. As observed by Alfred D. J ahr on Eminent Domain' deal- ing with 'public use'---(an expression used by the American Constitution):

"Public use has not been deﬁned by the courts for the reason that to formulate anything ultimate, even though it were possible, would, in a chang- ing world be unwise, if not futile. The Law of each age is ultimately what that age thinks should be the law."

Later he says :

"We are living in a rapidly changing world. The atomic age is upon us with its cataclysmic effects on the order of society. Our fund-ennental law is not static. Quite the contrary, it is dynamic and progressive. It therefore does, as I. P. 16.

it must, respond to the changing times. It is impossible to enumerate all the uses which may be classiﬁed as public uses to authorize an acquisition of private property by eminent domain. Su.ch a venture would not only -be im- possible, it would be equally futile. The courts have repeatedly and wisely refused to deﬁne 'public use' and for cogent reasons. Any deﬁni- tion would be unworkable, limited, and circum- scribed. What may become a -'public use' in the future cannot be foretold by mortal man. All we can do is to venture a prediction, as certain as day follows night, that there will be many public uses in the future that we never dreamed of at the present time:"1 To the same effect are the observations of Das J. (as he then was) in the State of Bihar v. Kavrteshwor Singhﬁ:

"With the onward march of civilization our notions as to the scope of the general interest of the community are fast changing and widening with the result that our old and narrower notions as to the sanctity of the private interest of the individual can no longer stem the for- ward ﬂowing tide of time and must necessarily give way to the broader notions of the general interest of the community. The emphasis is unmistakably shifting from the individual to the community, This modern trend in the social and political philosophy is well reflected and given expression to in our Constitution . . . . ..The ideal we have set before us in Article 38 is to evolve a State which must constantly strive to promote the welfare of the people by securing and making as effectively as it may be a social order in which social, economic and political justice shall inform all the institutions of the national life. Under Article 39, the State is enjoined to direct its policy towards securing, inter alia, that the ownership and control of the material resources of the community are so distributed as to subserve the common good' and that the operation of the economic system does not result in the concentration of wealth and 1 P. 25.

1 A.I.R. 1952 SC. 252 at P. 290.

means of production to the common detriment. The words 'public purpose' used in Article 31(2) indicate that the Constitution uses those words in :1 very large sense. In the never ending race the law inust keep pace with the realities of the social and political evolution of the country as reflected in the Constitution. If, therefore, the State is to give effect to these avowed purposes of our Constitution we must regard as. a public purpose all that will be calcu- lated to promote the welfare of the people as envisaged in these Directive Principles of State Policy, whatever else that expression may mean." '

38. The expression 'public use' in the Fifth Amendment of the American Constitution received a narrow interpre- tation in the beginning but later pronouncements have put a more liberal interpretation upon it.' It is, in our view, neither possible nor expedient to attempt an exhaustive deﬁnition of public purposes. The only guiding rule for the determination of its meaning is that the proposed acquisition or requisition should tend to promote the welfare of the community as distinct from the beneﬁt conferred upon an individual. The mere fact that the im1'n.ediate use is to beneﬁt a particular individual would not prevent t-he purpose being a public one_ if in the result it is conducive to the welfare of the community. The question is exhaustively discussed in Thom'oircm Pctdoyacht V. State of Madras' by Venkatarama Aiyar J. All that can, therefore, be attempted in a legislation of this kind is to provide an inclusive deﬁnition so as to endow it with suiﬁcient elasticity to enable the courts to interpret the meaning of the expression 'public purpose' according to the needs of the situation, and this is what we have attempted.

M 39. There is yet another important aspect of 'public purpore', to which reference is no-':essary. In India, acquisi- tion may be made either for the beneﬁt of the Union or 'the State, or for the beneﬁt of public or local au1;horit;ie5.

'Local authority' as deﬁned in the General Clauses Act 1 Scc Willis on Constitutional lxm', i'agc~'. 837-320, 1936 Edi'.ion. and Nécliolas on Fmineut Drnmiin. Vol. 3. l'aI_:,c~. 43 1 and 445. 1 A.I.R. 1952 Mad. 75.

means "a municipal committee, district board. body of port c0mmissI'one1'g or other authority . . . . . . . . . . .. legally entitled to or entrusted by the Government with the control or management of municipal or local fund".

Public authorities will include State-owned or State-con- trolled corporations. Besides these, acquisition is also per mitted under the existing law for the beneﬁt of companies and cooperative societies or friendly societies. Acquisition may also be necessary for the beneﬁt of public charitable trusts such as hospitals or educational institutions manag- ed by trusts created for the purpose. There are also town planning authorities and town improvement boards in various States and, perhaps there will be authorities constituted for the development of rural areas also.

40. The machinery provided under the existing law in India for acquisition for the beneﬁt of such authorities is different from that obtaining in England The procedure under our law is that the body for whose beneﬁt the ac» quisition is necessary approaches the Government and the Government sets the law in motion, acquires the lands under the machinery provided by the Act. and transfers it later -to the person or body of persons for whose beneﬁt the acquisition is intended, after receiving the compensa- tion payable together with the expenses incurred for the acquisition. ' Under the prevailing law. in England there is a broad distinction between what are known as 'Statutory under- tal«:ers' on the one hand (such as a railway company, or a water company or a gas company), and the Government departments or local or public authorities on the other, in regard to the power to acquire and the principles of compensation applicable. In the former case, the power to acquire is conferred by a special statute, and the Act conferring the power of acquisition speciﬁes the land to be acquired. The principles of compensation applicable in such a case are contained in section 61 of the Land Clauses Act, 1845, which are analogous to those in section 23 of the Indian Act. In the case of Government depart- ments or local or public authorities and some of the statutory unclertakors to which the Acquisition of Land {.3tut.iio'risation Procedure) Act_ 1946 has been extended by the Town and Country Planning Act, 1947, the acquir- ing authority possesses the power of acquiring land in general, but authorization by the Government for the 20 exercise of such power is necessary. The appropriate Government authority conﬁrms the proposal for the

-acquisition of a particular piece of land after following :(d) Principles the prescribed procedure which gives to the persons affected an opportunity to be heard with a right of appeal to the Courts in certain cases.

41. Under the Indian law, however, it is possible 130 acquire land even when the authority for whose beneﬁt it is acquired has no statutory power of acquisition, pro- vided the purpose for which the acquisition is intended is a public purpose. The emphasis, therefore, under the Indian law is on the public purpose, while under the Eng- lish law the acquiring authority has the statutory power to acquire particular land, or having a general statutory power of acquisition, has to seek the authorisation Of the Government to acquire a particular piece of land.

42'. The procedure for acquisition of land. under the English law is complicated and involves considerable delayes. It, therefore, aﬁords no assistance in the solution of the problems confronting us and the best course, in our view, is to adhere to ﬁhe procedure under the Indian Law which is simpler and, at the same time, endeavour to provide for its speedy operation.

43. Sections 23 and 24 of the Land Acquisition Act lay 501" <1°tB1'D1iD- down the principles for determining the amount of com-

pensation. Section 23 deals with matters to be considered, while section 24 relates to matters to be excluded, in determining compensation. The Act, therefore, lays down the rules for guidance in determining compensation both in a positive as well as a negative manner. The most im- portant provision is the ﬁrst clause in section 23, which enjoins that, in deterrnining the amount of compensation to be awarded for land acquired under the Act, the Court shall take into consideration the market some of the land at the date of publication of the notiﬁcation under section 4. The two points to he noticed in this sub-clause are, ﬁrst, that the basis for determining compensation is the market value of the land, and, secondly, that the crucial date for the determination of the market value is the date of publication of the notiﬁcation under section 4. The date so ﬁxed is, in our view, appropriate and needs no . alteration.

44. A considerable volume of case law has, however, been built up on the interpretation of the expression 21 'market value'. It is not possible to deﬁne the expression nor is it possible to lay down any uniform set of rules for the determination of market value of the land, applicable to all cases. In the nature of things, therefore, it must be left to the courts to evolve the principles for the determi- nation of compensation, in different classes of cases, ha-VI'l-I18"

regard to the nature of the property, its situation and other relevant considerations, Though the Bill of 1893, which was subsequently enacted into Act I of 1894, contained a deﬁnition of market value, it Was dropped by the Select Committee which preferred to leave the term undeﬁned. The Committee observed: "No material diﬂiculty has arisen in the inter- pretation of it; the decisions of several High Courts are at one in giving it the reasonable meaning of the price a "willing buyer would give to a willing seller; but the intro-

-duction of a speciﬁc deﬁnition would sow the field for a fresh harvest of decisions; and no deﬁnition could lay down for universal guidance in the Widely divergent conditions of India any further rule by which that price should be ascertained." We agree with this view. Some Judges have attempted a deﬁnition but we feel that no useful purpose will be served by a critical examination of these views expressed by them. The principles for determining the market value have been fully expounded by the Privy Council in Sri Raja Vyricherla Narayona Gajapatraju Bwdadur Guru v. The Revenue Divisional Officer, Visage- pataml (known as the Chemudu case).

45. The first principle established by 'the Chemudu. cos-21 'is that, in the case of compulsory acquisition, "the land is not to be valued merely by reference to the use to which it is being put at the time at which its value has to be deter- mined, **"'*but also my reference to the uses to which it is reasonably capable of being put in the future". This pro- position was treated by the Judicial Committee as axioma- tic. The second principle laid down by this decision is that when the land has unusual or unique features or potentia-

lities, the vaiuing oﬁicer must ascertain, as best as he can from the materials before hint. the price a willing purchaser would pay for the land with those features or potenﬁa]j- ties. It is further laid down that the value of the poten-

itialities is to be taken into account even where the only 1 I.L.R. (1939) Mad. 532.

2'3 possible purchaser for the potentialities i-s the acquiring authority. The 'market. value' is deﬁned by the Judicial Committee, as. the price which a willing vende-r might reasonably expect to obtain from a willing purchaser. The disinclination of the vendor to part with his land and the urgent necessity of the purchaser to buy must alike be disregarded and both must be treated as persons deal- ing in the matter at arm's length and without compulsion. The principle of awarding; compensation is based on the right of the owner to be indemniﬁed by the community for whose beneﬁt he is deprived of the property against 'his will.

It is no doubt true that, under Article 31 (2) of the Cons- titution, if once either the amount of compensation or the principles for determining compensation are enacted by law, the justness of the amount of the compensa- tion or the principles cannot be canvassed. in a court of law. The article does not use the expression 'just terms' (Australian Constitution) or 'just compensa- tion' (American Constitution). But it does not follow that a responsible legislature would ignore the basic principles underlying the award of compensation and enac': a law opposed to the principles of equity and natural justice. The principles for determining compensation adopted in the case of the acquisition of large zamindari and jagir estates would obviously be inapplicable to cases where the legislature has to deal with owners of land who are not intermediaries. As far as possible, every one who is deprived of his property by compulsory acquisition should be enabled by the compensation awarded; to him ':0 place himself in substantially the same position in which he was before the acquisition. The community which beneﬁts from the acquisition must also hear the burden of justly compensating the owner.

4.6. On the question of compensation. two important sug- U-"mg Cm']_gest1oi1s have been made by some of the State Governments. géisécndiilf _The first is, that in determining the market value of the w_;.,_,;'_. ' land, the actual use to which the land is put at the rele- vant date should be the basis for ﬁxing its value and that its pote-ntialvalue should be altogether excluded from con- sidcration. Secondly, that the provision for a solatium of l:3% under section 23(2) oi" the Act should be orriitteci.

1| 'J 23

47. These suggestions are, perhaps, inspired by recent English legislation. The most i__Inport_ant enactment in England in this behalf is the Acquisition of Land (AS5955- ment of Compensation} Act, 1919, which applies only to Government Departments and public or local authorities. To some extent, the principles for determining compensa- tion laid down under that Act have been further modiﬁed by the Town and Country Planning Acts, 1947 and 1954. A detailed examination of the provisions of these Acts is unnecessary and it is sufficient for our purposes to notice the general effect of the law as it stands today. The pro- visions of the Land Clauses Act, 1845 still apply to some statutory undertakers. In such cases, the pronciples applic- able are, ﬁrst, that where the Act applies unaﬂected by sub- sequent legislation, the value to the owner at the date of the notice to treat is the basis for the assessment of com- pensation. In this context_ the value of land includes the value of the land with all its potentialitiesl. Secondly, the fact that the land is peculiarly suitable for some parti- cular purpose must be taken into account and it is imma- terial that the purpose is one to which the undertakers propose to apply it. Thirdly; though there is no speciﬁc provision in the Land Clauses Act, it is customary to add 10% .to the value as compensation for the compulsory nature of the acquisition.

48. The above principles laid down in the Land Clauses Act, 1845 have been radically altered by section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919, in its application to Government Departments and public and local authorities. Section 2 of the Act lays down the following six rules '2 (1) No allowance shall be made on account of the acquisition being compulsory.

(2) The value of land shall, subject as hereinafter provided, be taken to be the amount which the land if sold in the open market by a willing S9119!' might be expected to realise; Provided always that the arbitrator shall be entitled to consider all returns and assessments of capital .

value for taxation made or acquiesced in by the claimant.

' 1 In the South Eastern Rly. Co. and London County Council Contract, L South Eastern Rly. Co. v. London County Council (1915) 2 ch. 252, M258.

(3) The special suitability or adaptability -of . iihe land for any purpose shall not be taken into ac- cou.nt_i£--that purpose is a purpose to which it

--'-*1'-Bfuld be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any Government Depart- ment or any local or public authority: Provided that any bone ﬁde offer for the purchase of the land made before the passing of this Act which may be brought to the notice of the arbitrator shall be taken into consideration.

(4) Where the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court, or is contrary to law, or is: detri- mental to the health of the inmates of the pre- mises or to the public health, the amount of that increase shall not be taken into account.

(5) Where the land, is, and but for the compulsory acquisition, would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land" for that purpose, the compensation may, if the oﬁicial arbitrator is satisﬁed that reinstatement in some other place is bone ﬁde intended, be assessed on the basis of the reasonable cost of equivalent rc- instatement.

(6) The provisions of Rule (2) shall not affect the assessment of compensation for disturbance or any other matter not directly based on the value of land.

The Town and Country Planning Act, 1947, introduced a further principle that if there is a potential development value, it should be excluded in ﬁxing the compensation and the land should be valued on the basis of the existing use. The expression 'existing use' has not been deﬁned but it has been interpreted as being similar to lawful use and not synonymous with actual use.

49. The combined effect of these provisions is that under rule 1 of section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919, no allowance would be made 25 for the compulsory nature of the acquisition; that is. the solarium of 10% which was allowed by usage in "the 0859 Of an, acquisition governed by the Land Clauses Act, 1845, is ruled out. Secondly, the potential value has to be left out of consideration. In England, therefore. at the Present day, there are two methods of assessment of C0mP9I159-t1011- Section 6 of the Land Clauses Act_ 1345 still applies. t_<> statutory undertakers though that class is gradual'? diml"

Iﬁshing, and the Acts of 1919, 1947 and 1954 aPP1Y to other CE.S€S-

so. In an article: entitled "The Law and Ethics of Compulsory Acquisition of Land", RI'. Richard C. Fitz- gerald has critically examined the principles laid down in section 2 of the English Act of 1919 and SE'V'E'1'E'1y criticised them. He points out that it is not the grant of compulsory powers of acquisition which causes hardships but the exer- cise of such powers. "The problem is how to confer power to act to the public advantage Without, at the same time, unreasonably violating private rights. This difﬁculty can be avoided to a considerable extent by framing the power in such a way that there is no room for doubt as to the precise purposes for which land can be compulsorily acquir- ed; by giving the dispossessed owner a legal right to proper compensation and by devising reasonable safe- guards for the exercise of such power". Commenting on the first rule in section 2' of the AC1: of 1919, he points out that the disallowance of the solatium for the compulsory nature of the acquisition is unethical and that the social and economic conditions (when the rule was made in 1919) were entirely different" from what they are now.

The reduction of the amount of compensation by excluding the value of development rights, that is, the potential value. has also been commented upon by him as unjust.

51. The basis of compensation adopted under the Act of 1919 has, in fact, created dissatisfaction in England. This is borne out by the Report of the Committee an Ad- ministrative Tribunals and Enquiries known as the Franks Committee. In paragraph 278 they observe:

"One ﬁnal point of great importance needs to be made. The evidence which We have received shows that much of the dissatisfaction with the procedures relating to land-

arises from the basis of compensation. It is clear that 1 Currcnt Legal Problems. 1952, p. 54 at p. 60.

Concl usion Solatiuni'.

objections to compulsory purchase would be far fewer if compensation were always assessed at not less than market value'. It is not part of our terms of reference to consider and make recommendations upon the basis of compensa- tion. But' we cannot emphasise too strongly the extent to which these ﬁnancial considerations aﬁect the matters with which we have to deal. Whatever changes in procedure are made dissatisfaction is, because of this, bound to re- main".

52. In our view, it would not be expedient or proper to adopt in India, for purposes of determination of compen- sation, principles which have been severely criticised by jurists and have caused dissatisfaction among the public in England. The object of the suggestion to restrict the market value to the actual use of the land is undoubtedly to exclude from consideration the potential value of the land. Such a provision is to be found, in our country, in the U.P. Town Improvement Act (VIII of 1919). The rele- vant provision in the Act is "market value according to the use to which the land was put at the date-with refer- ence to which market value is to be determined under that clause". We do not see any justiﬁcation for modifying the law as laid down in the Chemudu case'-' and exclude the potential value from consideration altogether. The Union and the States have not, in their recent legislation, excluded it, and in the latest instance of the Coal Bearing Areas (Acquisition and Development) Act, 1957 (Act XX of 195?'), Parliament has adopted section 23(1) o-f the Land Acquisition Act, 1894, without any modiﬁcation, for deter- mining compensation. The following sections of the Requisition Acts passed by the States may also be persued in this connection: -

The Assam (Requisition and Acquisition) Act, 1948. section 7(1);

The West Bengal (Requisition and Acquisition) Act, 1948, section 7(1).

53. We are also not in favour of omitting section 23 (2.) so as to exclude the solatium of 15% for the compulsory nature of the acquisition. It is not enough for a person to get the market value of the land as compensation in order to place himself in a position similar to that which he would have occupied, had there been no acquisition; he may have to spend a considerable further amount for 1 Italics Ours. ---- H 3 I.L.R. (1939) Mad. 532 RC.

putting himself in the same position as before. If, for esrample, the only property a person possessed Was three acres of arable land and he was deprived. of this under the compulsory power of acquisition, he would no doubt get the market value of his property; but he would not be in a position to provide himself with a vocation to which he had been all along accustomed. He must ﬁnd suitable land in or about the locality where he resides which may not be easily available and he may have to wait and spend more than the amount of compensation he has obtained. As pointed out by Fitzgerald, the community has no right to enrich itself by deliberately taking 'away the property of any of its members in such circumstances, Without pro- viding adequate compensation for it. This principle has been in force in India ever since the Act of 1870 (oide sec- tion 42). The Select Committee which examined the Bill of 1893 did not think it necessary to omit the provision but on the oﬂher hand transferred it to section 23. There is equity behind the rule, as the transfer of the land is not voluntary but compulsory. It may be of interest to notice that in the United States of America the same principles as laid down in the Chemudu easel are in vogue and we think it more equitable to follow the principles accepted in the United States rather than adopt the recent much criticized changes in the law in England.

54. The only ground urged i.n support of the omission of section 23(2) is that there lhas been an abnormal increase in land values. The policy of ﬁxation of ceilings on land holdings, the uncertainty regarding the future trend of legislation and the increase in the cost of cultiva- tion, have led, on the contrary, to a considerable fall in the land values in rural areas in recent years. To avoid the loss of property under such anticipated legislation, sales and partitions of land have enormously increased. In urban areas the position _may be somewhat diﬁerent but the rise in land values generally corresponds to the rise in the price level and the fall in the value of money. We think, therefore, that the reasoning on which the pro- posed omission of_ section 23(2_)_ is _based cannot be supported.

55. Two principles from section 2 of the English Act of 1919, the acceptance of which have also been suggested by some of the States, have, however, been adopted by us.

1 I.L.R. (1939) Mad. 532 P.C. L1 w;'67»--3 28 The ﬁrst is, that any increase in the value of the land, arising from its being put to unlawful use should not be taken into consideration; and the second is, that an increase in the rental value of a building which is so ova-r--croWded as to be detrimental to the health of the inmates should also be left out of consideration. We have made suitable amendments to section 24 giving effect to these principles. Lastly, we have considered a proposal made to change the date of determining the market value under section -23(1) to the date of the taking of possession of the land by the Government. Under the scheme proposed by us, there will not be much lapse of time between the date of the noti- ﬁcation under section 4 and the taking of possession of the land by the Government. We see no reason for accepting the proposed change.

Examination 56. The other changes proposed by us will appear from o'}'3,'e our comments on the provisions of the two existing Central oxis_ti11gAct.s.Acts on the subject, viz, the Land Acquisition Act, 1394, lcmngfge and the Re-quisitioning and Acquisition oi M Immovable poacd. Property Act, 1952, which we now proceed to examine in their serial order.

,'-*-k1;=t1iI;'iAC- 57. It has already been pointed out' that section 1, as $1, 1394 amended by the Adaptation Order made under the States 580-1' Reorganisation Act, 1956, stands thus-----

"It extends to the whole of India except all the terri~ tories which immediately before the 1st November, 1956 were comprised in Part B States".

Part B States having ceased to exist, the historical reasons justifying the enactment of separate laws for those territories are no longer there and as such there is no reason why Acts of all-India application should not extend to such territories also, exceptihg, of course, Jammu and Kashmir, in respect to which Parliament has no legislative power in regard to matters in the Concurrent List.

We have, therefore, recommended that the Act should extend to the whole of India except the State of Jammu and Kashmir.

'The roforcnce in the margin is to .~.eciions of the Land Acquisition Act, 1394. -

1 Para.8, ante.

58. This section has already been repealed. 3-

59. Apart from some modiﬁcations introduced in the Sec. 3.

-deﬁnition of the existing expressions, some of the expres- .sions deﬁned in the Requisitionjng and Acquisition of Immovable Property Act_ 1952 (XXX of 1952), have also been incorporated:

(i) There is no material change in the deﬁnition of this aﬁppmpriate expression' (iovcrumcnt.

{ii} There is no material change here also. COI]:K:tof_

(iii) An alteration has been effected in the deﬁnition of Corn1.3=m)'-

a company, keeping in View the new provisions in the 'Companies Act, 1956. The deﬁnition has been simpliﬁed so as to make it clear that companies registered under the previous Company Law are also within the purview of the deﬁnition. As regards foreign companies, if their principal place of business is in India, they would come within the scope of the deﬁnition.

Co-operative Societies have been kept outside the deﬁ- nition of company. While the purposes for which acquisi- tion can be made for the beneﬁt of companies are very limited, in the case of comparative societies which have been brought into existence under the Central or the State Acts, there may be very many objects satisfying the deﬁni- tion of a public purpose. for which acquisition of land may have to be made. Acquisitions for a co-operative building society would he a pertinent example in this connection. If the purpose for which land is required by a co-operative Society is a public purpose they should be at liberty to approach the concerned Government for acquiring the land.

The existing section 33A of the Land Acquisition Act treats an industrial concern, as deﬁned by it, to he a com- pany. We think that these may more appropriately be _ included in the deﬁnition of company. The deﬁnition in section 38A has, however. been criticised as being very narrow in its scope and it has been suggested that the deﬁnition should be enlarged. We have accepted this suggestion. Various industrial and housing schemes have been launched by the State Governments in the public sector and by industrialists in the private sector. We have, therefore. modiﬁed the definition of 'industrial con- cern' in the light of the provisions of the Factories Act and the Income--tax Act, and incorporated it in the deﬁni- tion of 'company'.

Competent authoriy Co-operati ve Society Court.

Land.

'A 30

(iv) This deﬁnition has been taken from the (Central) Requisitioning Act of 1952, with slight verbal changes.

(v) This new deﬁnition has been added in view of the inclusive and enlarged deﬁnition of public purpose which bringins within its purview acquisition for a co-operative society.

(vi) Owing to the large volume of work in recent times relating to acquisition of land, it has become necessary to empower courts other than the District Court to deal with such matters. The powers of the District Judge are very frequently delegated to the subordinate courts. If power is given to the State Governments to empower a subor- dinate Judge or even a Munsif where-the cl.aim for com- pensation is within his pecuniary limits, to exercise the powers of the Court under the Act, there will be quicker disposal of land acquisition proceedings. An. appeal from such a court should lie to the Court to which appeals ordinarily lie from that court. If the number of cases are numerous enough to justify such action, it would be open to the State Governments to establish a court to deal exclusively with land acquisition matters and this will result in a speedier disposal of the cases. The proposed deﬁnition follows more or less the deﬁnition of 'Court' substituted by the West Bengal Land Acquisition (Bengal Amendment) Act, 1934 (II of 1934).

(vii) In the Land Acquisition Act, "land" is deﬁned thus: "The expression 'land' includes beneﬁts: to arise out of land and things attached' to the earth or permanently fastened to anything attached to the earth." The Requisi- tioning and Acquisition of Immovable Property"Act, 1952, uses the word 'pro-perty' and deﬁnes it as meaning "immovable property of every kind and includes any rights in or over such property." The expression 'immov- able property' is deﬁned in the General Clauses Act (X of'189'?) as including "land, beneﬁts-to arisis out of land-

and things attached to the earth or permanently fastened to anything attached to the earth." It will be noticed that the deﬁnition of land in the Land Acquisition Act has the same meaning as that of immovable property in the Gene- ral Clauses Act. There is also no substantial difference in

-the -deﬁnition of "land" in the Land Acquisition Act and of 'property' in' the Requisitioning and Acquisition Act of 1952. Hence in order to achieve uniformity, we have adopted the deﬁnition of land in the Land Acquisition Act- It will apply to acquisition as Well as requisition. The 31 Act, it has to be mentioned, does not contemplate the acquisition of things attached to the land without the land.

It is the land including the rights which arise out of it and not merely some subordinate interest which is capable of being acquired under this Act. It has also to be pointed out here that when Government acquires land, it acquires only the sum-total of all private interests subsisting in than. If the Government has itself an interest in the land, that interest is outside the acquisition. Of course, for the determination of compensation payable, an investigation of the value of_ this interest of the Govern- ment in the land is necessary but that would not make it the subject matter of acquisition. Government is not a person interested in the acquisition} It should, however, be mentioned that land can be acquired without acquiring mines, and minerals under- neath [vide Land Acquisition (Mines) Act, 1885 (XVIII of 1385)].

(viii) The deﬁnition in the Requisitioning and Acquisi-- Landlord. tion Act, 1952 has been adopted with modiﬁcations.

(ix) A new inclusive deﬁnition of the expression 'local L_ocalAutho- authority' has been added, in order to bring town-plan- my' ning authorities within its scope.

(x) This expression has been deﬁned both in the Land Person in- Acquisition Act, 1894, as well as in the Requisitioning and termed' Acquisition of Immovable Property Act of 1952. The expression as deﬁned in the Land Acquisition Act has been adopted by us with some changes in the light of the deﬁ- nition given in the latter Act.

The Bihar Government has suggested an amendment to this deﬁnition which would bring within its scope a person who suﬁers damage as a result of the acquisition even where no part of his land or right or easement has been acquired or aﬂected. The Bihar Government has pointed out that as a result of the Mayurakshi Reservoir Project in that State, vast areas have been submerged under water and the inhabitants thereof have had to shift to other places. As a result, labourers. and professional men working in the submerged areas have lost their occu- pation. They have not been paid any compensation since no part of their land or right or easement had been acquir-

' Collector of Bombay V. Nusservaqfi, A.I.R. 1955 S.C. 2.98.

Prentiscs Prescribed.

Public pur-

pose.

Tenant, Sec. 4.

ed or affected and they could not therefore be treated as coming within the purview of the expression 'persons interested'. As this suggestion raises an important ques- tion of policy, we have not thought it fit to enlarge the deﬁnition so as to include such cases. We are, however, of the View that the matter deserves careful consideration inasmuch as the loss suffered by the persons in the instance mentioned is the direct result of the acquisition of the land.

(Xi), (xii) '1'-he deﬁnitions of 'premises' and 'prescribed' have been taken from the Requisitioning and Acquisition Act, 1952. '

(xiii) We have adopted an inclusive and enlarged de-ﬁni~ tion of public purpose as explained in paras 3'l'--~39 above-

(xiv) The deﬁnition has been taken from the Requisi- tioning and Acquisition Act of 1952 and rnocliﬁed so as to cover cases where the tenant pays premium only or premiv um and rent.

We have dealt above with all the expressions deﬁned in the two Central Acts on acquisition and rcquisitioniiig except 'award' and 'persons entitled to act'. 'Award' has not been deﬁned as it is unnecessary to do so under our revised scheme.

The expression persons "entitled to act" which is deﬁned in clause (g) of the section 3 of the Land Acquisi- tion Act, has been taken out of the deﬁnition section and is the subject matter of a new section' which adopts the deﬁnition with a few verbal changes.

60. A suggestion that the Collector should-' also be- ernpowered to initiate proceedings for acquisition of land under this section has been made by some of the State Governments with a View to avoid delay. This suggestion, which is reasonable, has been accepted.

It was further suggested that after the Words 'public purpose' the words 'or for a company' should be added. But it appears to us that this is unnecessary, and is, per- haps, inappropriate in View of Article 31 of the Constitu- tion. The deﬁnition of 'public purpose' which we havie adopted enables a company to approach the Government for acquisition .in cases where land is needed by it for '1s.3orApp.I. 33 speciﬁed purposes. Under the proposed deﬁnition, the acquisition for a company will be acquisition for a public purpose, if it is for the provision of housing for labour and amenities connected therewith. The requirement of sec- tion 4 will be met, if such a purpose exists.

61. We are also of the view that before the law is set in motion, Government should have at least a rough idea of the land proposed to be acquired and should be in a posi- tion to describe it in the notiﬁcation by its survey number if it is already surveyed, and also give the approximate area and its boundaries. If the land ?had not been surveyed they should at least be able to specify the land by its boundaries. This is necessary so that the persons interested should have precise information about the land proposed to be acquired and the purpose for which it is intended to be acquired. At present, there is no obligation on Govern- ment to give particulars in the notiﬁcation. The objectors may, if their land is aﬁected by the notification, object on the ground that the purpose is not a public one or that the locality is not suited for that purpose. If, for example. in a crowded locality a hospital for infectious diseases is proposed to be established, it would be open to the objectors to show the serious consequences that would ensue, if the intended project is carried out. If, in such a case, no parti- culars are furnished in the notiﬁcation_ it would not be possible for the public affected to formulate their objection. On the other hand, if particulars are given, they may be able to point out lands better suited for the purpose.

62. We have added an explanation which gives the meaning of the expression "convenient place"; we have also added a new sub-section which provides that the notiﬁcation itself should specify the period within which objections, if any, can be made.

63. Sub-section (2) of this section confers powers to enter upon the land for the purpose of ﬁnding out after investi- gation, the suitability of the same for the purposes for which it is proposed to be acquired. This has been retained without any material alteration. In cases where the acquisi- tion is made for thebeneﬁt of a company or a local authority or any body of persons, it is but reasonable that an officer of such a company or a local authority or a body of persons may also be authorised to exercise the powers under the existing sub-section (2), as is provided in sub- section {1) of section 38 in the case of a company.

" '64. There is a lacuna in the Act in that it does not provide for" a report to be made to the Collector of the result of the investigation within a speciﬁed time. Since the underlying object is to ascertain whether the land is suitable for the purpose in view, it is but proper that the report should be placed before the Collector who would after considering it, make recommendation to the Government. Further, as suggested by some of the State Governments, a time-limit should be ﬁxed for this report to be submitted to the Collector. This suggestion has been acceptedl. We have also provided that the Collector should forward the report with his remarks to the appropriate Government along with his report under section 6(2).

65. In his connection, we have considered the amend- ment introduced by the Bombay Amendment Act, 1945, introducing Part IA entitled 'preliminary survey' consisting of sections 3A and 3B. The object of the amendment seems to be to have a preliminary investigation before the issue of the notiﬁcation under section 4. We are, however, of the view that such investigation should be carried out only after the notiﬁcation under section 4 is made. It would be unjust in our opinion to permit the oiﬁcers of Govern- ment to enter upon private land without a notiﬁcation

-conferring authority for that purpose. In the Statement appended to the Bombay Bill, the reason assigned for the change is that if the lands originally notiﬁed, after the survey authorised under sub-section (2) of section 4, are found to be unsuitable for the purpose for which they were proposed to be acquired, it necessitates a fresh notiﬁcation in respect of other lands_ This, it is said, results in delaying the land acquisition proceedings, But, in our view, the issue of afresh notiﬁcation underasection 4 in such cases need not cause any delay, particularly, as the Collector would be entitled to issue such a notiﬁcation. A general authority to enter on any land in the locality would not be reasonable. It might result in considerable inconve- nience to the owner of the land if the officers are permitted to enter and make investigations on the. land without prior intimation. We are, therefore,- of the View that it is advis- able that the present procedure Of the issue of a notiﬁca- tion under section 4 before the exercise of the powers under sub-section (2) of that section should continue.

I 5. 4(5) of App. 1.

66. The Central Government has suggested an alteration providing that the report of such an investigation, if an investigation is made under section 4(2). should be submit- ted to the appropriate Government. We have accepted this suggestion. However, we have not accepted the further suggestion that there should be a fresh notiﬁcation giving particulars of the land after the appropriate Government has received the report of the investigation. This is un- necessary as the ﬁnal declaration will contain all the particulars about the land. Further, under the scheme recommended by us, the notiﬁcation under section 4 will itself contain the necessary particulars. After the issue of section 4(1) would be required to enable the objectors to be considered are as to the existence of a public purpose and the suitability of the land for the purpose. No par1:i- culars other than those mentioned in the notiﬁcation under section 4(1) would be required to enable the objects to formulate their objections. The position, however, would be different when claims for compensation have to he made. The claimants must then know deﬁnitely all the particulars about the land. Provision for this has been made in the relevant section.

6-1'. We have provided that the dispute as to the suﬁiciency of the damage should be referred to the court instead of the collector for decision.

.68. We have provided in this section that the period Within which objection can be made should be 21 days and not 30 days. We have further provided that the Collector is to submit the case together with his report containing his recommendations within a time limit which is indicated. We have also provided that the objector should be given a copy of the report, on his application and at his cost. It has also been provided1 that the appropriate Government, after giving an opportunity to the objectors of being heard, shall make its decision and such decision as to the question whether the land is needed for the purpose stated in the notiﬁcation shall be ﬁnal.

69. The provisions regarding the declaration under mtion 6 have been modiﬁed in several respects. If the Government decides to proceed with the acquisition, it . has to direct the Collector, within six weeks from the date of. the receipt of the report from him', to proceed to mark:

I S. 7,App. I. 3 '5. 8(3), and.

Sec. SA .

Sec. 6.

zlcc. T. 36 and measure the land and make a report of his opera- tions to Government. Within one month of the receipt the Collectorfs said report, the Government has to make a declaration that the land is needed for a public purpose and specify that purpose and also give particulars regarding, the land such as its precise boundaries, survey nurnbcr, area and the place where the plan could be inspected. It has been provided that immediately after the declaration, the Collector should take order for the acquisition of the land. The Collector is to take possession of the land within two months (or within such longer period. not exceeding four months in all asﬁhe appropriate Govern- ment may allow) from the date of the declaration, after giving a reasonable notice to the persons interested.

Two new sub-sections' -have been added. One of 'them practice, its working has been reduced to a farce by the land speciﬁed in the notiﬁcation, such lands as are not covered shall be deemed to have been excluded from the proposed acquisition and the notiﬁcation under section 4 shall be deemed to have been cancelled to that extent. The other sub-section enables the Government, if it so decides, to abandon the acquisition proceedings by making a notiﬁcation to that effect, The proviso to section 6(1) -has been omitted, as in practice, its working has been reduced to a farce by The Government making a mere token contribution of one arms from its revenues to the amount provided by other persons for whose beneﬁt the land is being acquired.» The courts have held*'* this to be sufficient compliance with the proviso. The compensation payable has necessarily to come out of public funds, if the acquisition is for the State; but it it is for the beneﬁt of other persons, the Government would see that the funds are provided by them. So long as the test of the existence of public purpose is satisﬁed', it is immaterial whether the compensation is paid out of public funds either in whole or in part.

Sub-section (3) has been omitted_ as it is repugnant Article 31(2) of the Constitution. '

70. The provision contained in section '7 regarding the taking of order for acquisitioen. finds a place in a modiﬁed fonnﬁ in the proposed section 8.

1 S'.lb'\|I\_'2'~. :5). (6) of 37;", App. 1- 2 51:r_va.=mro_-.'oms V. Proviirce of Mhdras. A.l.R. 1945 Mad. 334 {I-'_B.}.. 3 Pam 69, core. -

71. As statedfé-arlier, we have proposed that the declara- tion should be made only after the land is marked out, measured and planned and the survey is completed.

'72. The provisions of section 9 have been reproduced' with modiﬁcations. The notice should be served in such time as to give at least 15 days to the persons to appear and state their claims in regard to their respective interests before the Collector._ '73. Section 10 has been retained" with the slight changes.

'74. The sections relating to enquiry and award have been recast, as we have decidedto abolish altogether the procedure of an award by the Collector and have provided, instead, for a reference to the Court direct in cases of dispute. As far as possible, the Collector should try to settle all matters in dispute by negotiation and agreement. If, however, no agreement can be reached the Collector has to make a reference to the Court".

75. Section 14 dealing with the power to summon wit- -' nesses etc. has been omitted in View of the fact that we have adopted the corresponding provision in section 12 of the Requisitioning and Acquisition of Imrnovable Property Act, 1952, which is more comprehensive.

76. This section has been made sub--section (4) of section 12 of App. I.

77. This section, enabling the Collector to take possession of the land whereupon it vests absolutely in the Govern- ment free from all encumbrances, has been retained with an additional provision' requiring the Government to notify the fact of such vesting and enabling such notiﬁcation to be used as evidence of the Governments title.

78. The provisions of section 17 have been ampliﬁed and some of the restrictions contained therein have been removed. Thus, the restriction under the section conﬁning the power to take immediate possession to waste and arable lands has been removed. Likewise, as there may be other emergencies of the nature contemplated in sub--section (2), such as the repair'ng of breaches in the means of com-

_munication, we have included them speciﬁcally5. We have added a new sub-section. to the effect that the Collector S. 10, App. I S. 1]. App. 1.

S.12(3). App. 1.

S. 9_ App. I".

5 S. 32([)(b). App. [.

Sec. 8 Sec. 9.

Sec. 113.

Secs.1l-13 .14.

Sec. IS Scc. I6 Sec. 17 38 should, on taking possession, inunediatelyreport the same to the appropriate Government together with the reasons therefor. Thereupon, the appropriate Government has to decide, within three months of the receipt of the report, whether proceedings for acquisition of the land shoul.d be

-commenced or not. If the Government fails to decide within four months of the date of taking possession, the persons interested in the land shall be 'entitled to resto- ration of possession of land together with compensation.

79. We have also provided1 that, apart from any ques- tion of emergency, the Collector may, in any case and at any time after notiﬁcation under sub-section (1) of section 4, take possession of land, if the persons interested give their consent and surrender possession by waiving their right to object to the acquisition.

80. We have further provided" that in any case where immediate possession has been taken (whether by consent or otherwise), if the appropriate Government does not wish to proceed with the acquisition of the land, it shall pay compensation in accordance with the provisions of.

section 37(2) of Appendix I. On the other hand, if the Government proceeds to acquire the land, then it shall vest absolutely in the Government free from all encum- brances, on the publication of a declaration under section 8 of Appendix I. We have also provided for the Payment of interim compensation, in such cases of acquisition, to the extent of about 60 per cent of the amount which the person concerned would, in the opinion of the Collector, be entitled to claim in respect of the land. If, however, the amount offered is not accepted, the Collector shall deposit the same in court.

81. The provisions of sub--section (3) of section 17 have been made into a new section3 and it has been provided that even in those cases where payment is to be made for damage suhstained by sudden dispossession, if there is any dispute as to the sufficiency of the amount, the Collec- tor shall refer the same to the court.

82. Sub-section (4) of section 1'7 has been omitted as it is unnecessary under the procedure recommended by us. Under the existing set-up, in urgent cases, possession could be taken only after a notice under section 9(1), 1 S. 3], App. I. 1 S. 33, App. 1.

3 S. 34, App. I. 39 and hence there was the need for a provision like sub- section (4). But under the scheme proposed by us, posses- sion can be taken by the Government, even before the issue of a notiﬁcation under section 4.

83. Section 18 has been omitted in view of the suggested scheme of a reference to the Court} _- 84. Section 19 has been adopted? with verbal changes and with the omission of clause (c) of sub-section (1). To sub-section (2), we have added that in making a reference to the Court, the Collector shall furnish any other information. available to him relating to the dispute.

85. This section has been retained with the addition that notice shall also be served upon the person or authority for whom the acquisition is being made, when such person or body is not the Union or the State Gov- ernment. '

86. We have not thought it necessary to retain this section.

8?. This section has been adopted without any material c e,

88. Matters relating to the principles upon which the compensation is to be determined have already been dis- cussed at 1ength3. It is, therefore, suﬂflcient to point out that section 23 has been retained in its present form' with the addition, in sub-section (1), of a new clause (number- ed seventhly) providing that, where the owner of the land in good faith had taken active steps and incurred expendi- ture for securing a more proﬁtable use of the land, the expenditure so incurred shall be taken into considera- tion by the court.

89. This section has also been retained with some acidi- tions. In clause seventhly, we have made a modiﬁcation providing that while improvements are not ordinarily to be taken into consideration by the Court, it shall take them into account where the improvements were neces- sary for the maintenance of the building in a proper state 0f 1'EPair. We have also added a new clause (numbered eighty, providing that t-he Court shall disregard any increase in the market value by reason of the building bi'-'i1'13 put to a use in a manner which could be restrained I S. 12(3). ibid.

S. 20, ibid.

3 Paras 43--55., ante.

4 S. 2], App. I. Sec. 18.

Sec. 21.

Sec. 22.

Sec. 23.

Soc. 25.

Secs. 26-27.

Soc. 28.

Sec. 29.

by a Court or which is either contrary to law or detri~ mental 710 the heailh of the inmates or the public. It may be mentioned that many of the City and Town lmpro<ve- meat Acts, in the various States, contain similar provi- 510118.

90. The principles contained in section 25 have been made applicable to the claim before the court. We have also provided' for the contingency of the person interested omitting to make a claim before the Collector without sufficient cause. In such cases, the amount awarded by the court is not to exceed the amount ﬁxed by the Collector.

91. These Sections have been consolidated? with verbal changes, and with the addition of a subsectio-n requiring the Court to specify the market value of the speciﬁed items, separately.

92. The rate of interest payable on excess compcnsa1:ioe1 has been reduced to 5 per cent from 6 per cent. In this connection, we have provided in a new section that. the interest payable 1) ythe Collector under section 14 shall also be included in the final order.

93. We have modiﬁed section 29 by providing that the court shall apportion the amount according to the interests of each person and specify the amount due to each person in the ﬁnal order. We have also provided that it will be open to each person to execute the ﬁnal order to the extent of the amount due to him without the consent or conciurence of the other persons interested in the compensation awarded.

94. We have added a new section" to provide that the ﬁnal order of the court shall he executable as if it were a decree of the civil court and the provisions of the Code of Civil Procedure relating to execution shall apply to the same. But execution shall not issue against the Govern- ment or any oﬁicer of Government, unless the order remains unsatisﬁed for a period of 3 months from its date.

95. Another provision} has been added to the effect that when there is no person competent to alienate the

5. 52(4). ioid.

S. 58, ibid.

S. 59. mi.

S. 55, ibici.

t-lu-Ia» 41 land acquired, the Collector shall, within 4 months of the oﬂicial order of the Court, deposit. in Court the amount directed to be paid as compensation.

96. We have considered it unnecessary to retain section in View of the scheme adopted by us.

97. Sub-sections (1) and (2) of section 31 have been retained with the following changes.

We have provided that the Collector shall tender payment of the compensation within one month from the date of his order, and also give notice to the person interest- ed, after making the deposit in Court.

The ﬁrst two provisos to sub-section (2) of section 31 have been omitted and, instead, a new section' has been introduced providing" that a person's rights will not be prejudicially affected merely by reason of the fact that he chooses to receive or withdraw from the court the amount deposited without protest.

The third proviso to sub-section (2) has been made into a new section".

We have also added a new section?' providing that in case an agreement is reached before the Collector, the amount ﬁxed by agreement shall be paid by the Collector to the persons interested within one month from the date of the order recording such agreement. We have also provided that in case of default of such payment, the order of the Collector may be executed as if it were a decree of the civil court, and interest at the rate of 5 per cent shall be paid on the amount ﬁxed.

In a new section', we have provided that where the Collector does not take possession of the land within the period speciﬁed in sub-section (4) of section 8 of Appendix I, for the purpose of calculation of interest, the date on which the said period expires should be treated as the day on which possession of the land was taken by the Collector.

98. Sub-sections (3) and (4) of section 31 have been incorporated in a new section" with an addition in sub- section (4) which will make it possible for the Collector to enter into any arrangement with the person interested in the land such as the grant of some other land in exchange for the land that has been acquired.

S. 38, ibid.

1 S. 73, ibid.

3 S. 15, ibid.

4 5

this S. 16, ibid.

3. I7, ibid.

Sec. 30.

Sec. 31.

Soc. 32.

-Soc. 33.

'sec. 34.

99. Two new sections' have been introduced, embody- ing provisions of a far-reaching character to secure completion of the proceedings before the Collector within a speciﬁed time. First, we have provided that all proceed- ings under the Act from the date of the notiﬁcation under S. 4 to the date of the first hearing before the Collector shall be completed within a period of 8 months. The Government may, however, extend this period by four months. Secondly, we have provided that the Collector shall complete all proceedings under section 12 of Ap- pendix I within 4 months of the date ﬁxed for the ﬁrst hearing under sub-section (2) of section 10. The other section introduced by us provides that in case the Col- lector does not complete the proceedings within the periods speciﬁed, the notiﬁcation under sub-section (1) of section 4 shall stand cancelled, and the persons interested may apply to the Court for an order against the Collector for restoration of possession (if possession has already been taken by the Collector) and also for payment of such damages as the court may det-ermine, Such an order of the court may he executed as if it were a decree.

100. Section 32, dealing with the investment of money deposited in respect of land belonging to persons in- competent to alienate, has been retained, with the addi-p tion of a new sub--section which provides that the money required to be invested in the purchase of securities re- ferred to in the section may, notwithstanding anything contained in subsection (1), be paid by the Court to such person or persons, if, before such investment of money, the person or persons become absolutely entitled thereto.

101. Section 33, which deals with the investment of money deposited in other cases, has also been retained with the addition of a new sub-section to the eﬁect that the Court may pay any such money to the person entitled to it if the cause for which the money was deposited has ceased to exist provided there is no other legal -impedi- ment to such payment. i .

102. Section 34 -has been replaced by a new section"

directing the Collector to pay interests on the sum ﬁxed by him at the rate of 5 per cent from the date of taking possession to the date on which the amount is deposited in Court or to the date on which it is paid to the person entitled to receive it.

1 S:. 18-919, ibid.

3 S. 14, ibid.

. 103. Sections 35-37 which deal with temporary occupa-- Secs-35"37' tin: of land have been omitted' as the powers conferred by them are very limited and as such power of ternporarjr acquisition has not frequently been availed of. Moreover, temporary possession can always be obtained by bring-

ing into force the provisions of the Act relating to re- quisitioning.

104. Section 38 is unnecessary in View of the provisions 5:; 33_ of section 4(4) and the enlarged and inclusive deﬁnition of 'public purpose' in Appendix I, and has, therefore, been omitted. '

105. This section deals with industrial concerns. We S::c.3SA. have provided for them in the deﬁnition section itself'. The section has, therefore, been omitted.

p 106. Section 39 has been retained with the modiﬁcation Sec. 39. that where land is to be acquired for any company, no notiﬁcation under sub-section (1) of section 4 shall be issued except by or with the previous consent of the appropriate Government.

107. The substance of clauses (as) and (b) of sub-section S<==- 40- (1) of section 40, dealing with the erection of dwelling houses ' for workmen has now -been embodied in the dﬁnitiorr section". The rest of the section has_been retained with verbal changes.

103. Sections 4_1----43 have been retained without any Secs. 41-43. material change.

109. A new section3 has been added to the effect that where land is to be acquired for any person (not being a

-company) or authority', the provisions relating to acquisi- tion of land for companies shall apply.

110. Section 44 has been omitted as we consider it to $02.44- be unnecessary. '

111. Section 45 dealing with service of notices has S02. 45. been omitted, as we have adopted the corresponding section in the Requisitioning and Acquisition of Immov- able Property Act, 1952.

112. Section 46 dealing with penalties has been retained SW46- with the change that the maximum limit -of imprison- merit has been enhanced to six months and of ﬁne to ﬁve hundred rupees, ' I s. 2(c)(vn), ma.

1 S.2(m)(vi1),ibi:I. 3 s. 30, ibid.

i.lLaw;'67A 4 Sec. 47.

Sec- 43.

Sec. 49.

Sec. 50.

Sec.5I.

11.3. We have added a new sub-section to section 47, providing that the power conferred by the section shall. not be in derogation of the power to take possession of requisitioned land under section 40(2) of Appendix I.

114. Section 48 has been retained with some modiﬁca- tions. Sub-section (3) does not apply to cases where the Collector has not taken possession and, therefore, serves no purpose and has been omitted. We have also provid- ed that where there is a dispute as to t-he amount of com- pensation under this section, the Collector shall refer the same to the Court for decision.

115. This section, dealing with the acquisition of a part of a house or a building, has been retained without any material change.

116. This section has also been retained with verbal changes making it applicable to cases of acquisition for 'other person". We have also provided that in proceed- ings under this Act for ﬁxing or determining compensa- tion, the local authority or company or other person concerned may appear a.nd represent the case before the Collector, or appear and adduce evidence before the Court, as the case may be. The proviso to sub-section (2), disentitling the local authority or company from demand- ing a reference, has been omitted.

117. Section 51 has been retained without any change.

118. Following section 52A of the Land Acquisition (Punjab Amendment) Act, 1948, we have added a new section'-' to protect the amount of compensation awarded or awardable from attachment or sale in execution of a decree or order of any civil court, when the land acquired is not liable to attachment or sale.

119. We have also added a new section" providing that in proceedings under this Act a certiﬁed copy of a registered document may be accepted as evidence of the transaction recorded in the document without the produc- tion or proof of the original.

120. We have adopted section 18 of the Requisitioning and Acquisition of Immovable Property Act, 1952, which gives complete immunity in respect of any act done in L Vida S. 36, ibfd.

2 S, 70, iiiid.

3 S_ 7|. z'I'u'c1.

good faith or intended to be done in pursuance of that Act. In View of this, the provision contained in section 52 of the Land Acquisition Act can have application only to acts done in abuse of the provisions of the Act which do not deserve any protection. Section 52 has, thereiore, been omitted. '

121. Section 53 has been retained with verbal changes. see. 53.

122. We have added a new section' laying down the procedure to be followed in cases of references other than those under sub-section (3) of section 12 or sub-section (1) ofsection 45 of Appendix I.

123. Section 54 has been split into two parts". We 863-5-1- have added two new sub-sections' to provide [a] that no second appeal except in cases which raise questions as to the title to property for revision shall lie from a decree of the district court on appeal under sub-section (1), unless the amount or value of the subject matter in dispute exceeds two thousand rupees; and (b) that not- withstanding anything contained in the section, no appeal shall lie from any order (whether ﬁnal or not) passed by the Court on a reference under sections 5, 34 and 67(1) of Appendix I.

124. A new Section' has been added to enable the court determine any question of title for the purpose of deciding any reference under the Act.

125. The rule-making provisions in section 55 of the Soc. 55. __ Land Acquisition Act have been modiﬁed and combined', 2;,,E§g':':'& with the c0rrespond_ing provisions in section 22 of the Amluisiﬁon Requisitioning and Acquisition of Immovah-Ie Property ';,§,,{""",',';;'; Act, 1952. ﬁg? Act.

126. Part III of Appendix I relates to requisitioning I3¢cun'siti0n- and acquisition of land. The scheme of our proposals on ""3 this subject has been fully explained in paragraphs 33 to

35. We shall now explain them in detail with reference to the sections of the existing Act'.

127. Section 1 has been Omitted, as it is redundant. 30¢ 1- ! 5.57, !br'a'.

1 S. 60(1), (3), 1'ﬁ-Id'.

1 Sub-scc1ions(2),(4-). ibia'.

4 S. 61. ibid.

s s. so, mad. _ 'The references in thc_ margin, hereafter. are to sections: of mu, R:qLlisi[ioﬂing and Acquisition of Immovabic Property Act, 1952.

Sec. 2.

Secs. 3----6.

Soc. 7.

Sec. 8.

128. As already mentioned earlier', all the expressions deﬁned in section 2 have been incorporated in the propos- ed legislation except that we have omitted the deﬁnition of the term "award".

129. Sections 39 and 43 in Appendix I give 'effect to the views which we have expressed in para 35 above.

130. Sections'3 to 6 dealing with the power of requisi- tion, the power to take possession, the rights over the requisitioned property and release from requisitioning have all been retained" with some changes. These changes provide an opportunity to the person affected to be heard before an order of requisition is made and 'excepts properties in the possession of tenants for six months and more from requisition. The power to requisi- tion can be exercised only for a public purpose which is a Union or a State purpose. There is no provision in the existing law for requisitioning land on behalf of other persons or authorities as under the Land Acquisition Act and we do not consider it necessary to provide for such cases. A further change is the limit set on the value of repairs which a landlord may he required to carry out.

131. Section '7, dealing with the power to acquire requisitioned property, has been retained with some modiﬁcations. An addition has been made to the existing sub-section (2) by providing that the notice mentioned therein shall be deemed to be a declaration in respect or the requisitioning land under section 8 of Appendix I. Sub-sections (3), (4) and (5) have been omitted. These sub-sections place restrictions on the power to acquire by conﬁning it to certain speciﬁed cases mentioned therein. But some of the State Acts do not contain such restrictions and we do not see any reason why the power to acquire a should he so restricted.

132. Section 8, dealing with the principles and method of determining compensation, has been retained with certain e modiﬁcations :

Sub-clauses (c), (d).' (e), (f) and (g) of sub-section (1) and the reference to arbitration provided in clause (b) thereofhave been omitted in view of the scheme suggested by us under which there is to be a reference to the Court in all matters.

E 1 Para S9, ante.

2 S3. 40 ~43, App. I. 47 e In' sub-section (2), dealing withcompensation pay- able for requisitionirig, a new provision has been added providing for compensation for ' any damage caused by the exercise of the powers conferred in section -16 of Appendix I. Subsection (3), dealing with compensation payable in case of acquisition following requisition has been omitted for the obvious reason that under the proposed scheme this will come within the scope of Part II as will appear from section 49 of Appendix I.

133. Sections 9 and 11 have been omitted as we consider them unnecessary. We have recommended the abolition of the arbitration procedure.

.134. Section 10 dcalinghwith appeals from orders of requisitioning has been retained without any substantial change.-

135. As stated earlier', the powers conferred upon the arbitrator by section 12 have been given to the Collector and the competent authority.

136. Section 13 has heen retained with the addition that the persons required to furnish information shall be legally bound to do 'so within the meaning of sections 1'36 and 1'37 of the Indian Penal Code.

137._Sc-ctrion 14 has been retained and a new proviso has been added subjecting the power of entry and ins- pection to the condition that it cannot be exercised With-

out a minimum notice of at least 24 hours except with the-

consent of the occupier and that it can not be exercised after sunset and before sun-"rise.

133. At present all the Requisitioning Acts (Central as.

well as States) are merely temporary enactments to be in" force for certain speciﬁed periods. In view of the temporary nature of the legislation, deemed necessary to limit the period for which a property can remain under requisition. But as we are recommend- ig the 'enactment of a law which can remain in force for an indeﬁnite period, we think, it is reasonable to pro- vide that a property can not be kept under requisition 1 Para 74, came.

it has not been Soc. 9 do II.

Sec.j17.

for an indeﬁnite length of time. We have, thereetore, recommended' that no order of requisitioning shall con- tinue in force for a period of more than 5 years, unless proceedings for acquisition of the same are commenced before the expiry of the said ﬁve years. This provision, in our view, will have the advantage of enabling the Governments to resort to requisition under the provisions of this Act whenever necessary and at the same time safeguard the rights of the citizen by providing that the requisitioning will not continue for a longer period of time than ﬁve years, during which period the Govern- ment should he in a position to decide whether the land should be released or acquired. We have also recommend- ed that no further order of requisition shall be made in respect of the same property.

139. Section 15, dealing with service 015 notice, has been retained with certain modiﬁcations. As, in our view the publication of a notice or order of a general nature in the Official Gazette may not be adequate, we have suggested that it should also be published in the news- papers in the. language of the district in which the land is situate and also that copies of such notices should be aﬁixed in prominent places on or near the land. Like wise, in clause (c) of sub-section (1), we have provided that a notice or order affecting an individual person (not being a corporation or ﬁrm) shall be served in the manner provided by the Code of Civil Procedure, 1903, for the service of summons or by sending it by registered post to the person named therein at his last known residence, address or place of business.

140. Section 16 has been retained without any material change. '

141. Section 17, dealing with delegation of powers of requisitioning, has been retained with the addition of a new sub-section to enable the State Government to dele- gate its powers. Further, the State Government has been required to place such notiﬁcations before the State Legis- lature as the Union Government is now required to place the notiﬁcations issued by it before Parliament.

142. Section 13, dealing with the protection of action done in good faith, has been incorporated in the proposed legislation without any material change.

1 S. 48, App. I. |\ 49

143. Section 19, misting the jurisdiction of the Civil Court in respect of matters to be determined by the com- petent authority, has been retained with the addition that the Civil Court shall have no jurisdiction also in respect of matters to be determined under this Act by the appro- priate Government or the Collector. The provision that no injunction shall be granted by any Court or authority in certain cases mentioned in this section has, however been omitted, as it is considered redundant.

144. We have retained the penalty provisions of both the Requisitioning and the Land Acquisition Acts.

145. The provision in section 20 of the Requisitioning and Acquisition of Immovable Property Act has been modiﬁed to provide for imprisonment for a term of six months or a ﬁne up to 500 rupees or bothl. ' Section 46 of the Land Acquisition Act has also been retained with a similar modiﬁcation to provide for punishment in the cases of persons who wilfully destroy, damage or displace trenches etc'.

We have further provided that as regards the two offences mentioned above, no Court shall take cognisance of them, except on a report in writing of the facts consti- tuting such offences made by an oﬂicer authorised in this behalf by the appropriate Government",

146. This section has been retained with consequential changes.

14?. The rule-making provisions in section 22 of the Requisitioning and Acquisition of Immovable Property Act, 1952 and section 55 of the Land Acquisition Act 1894 have been combined by us', omitting provisions relating to any refrence to arbitration.

148. These sections have been omitted as we consider them unnecessary.

149. As indicated already, we have embodied, in Appendix I, our proposals consolidating the Land Acquisi- tion Act, 1894, and the Requisitioning and Acquisition of lmmorvable Property Act, 1952.

1 S. 78, App. 1.

2. $.19, ibid.

3 5.80, ibid.

Soc. 19.

Sec. 20.

Sec. 22.

Sec. 23-25.

_ Appendhc II contains two comparative Tahies:_--Table A shows the sections in the existing Acts with the ear» respending sections in Appendix I, while Table B shows the sections in Appendix I and the corresponding sections in the existing Acts.

Appendix Ili contains a list of the Land Acquisition Acts now in force in the varieus States with the altera-

tions made by the_m and a brief summary of such alterations. ' Appendix IV contains a list of other Acts (Central -and State) which confer power to acquire land, with a summary of such Acts.

Appendix V gives a list of the requisitioning Acts "in fame in the various States with a summary of their pre- visions and also a tabular statement showing the differ- ences in the several Acts.

M. c. SETALVAD, ( Chairm-.¢m) .

M. C. CHAGLA, K. N. WANCHGO, P. SATYANARAYANA RAG, . C. SEN GUPTA,' K. SRINIVASI-'LN DURG-A DAS BASU, Joint Secretaries.

NEW D-131111;

The 26th September, 1953.

'Being unable to some to Delhi to sign the Report. these Members have authorised the Chairman to sign the report on their behalf.

' APPENDIX I Proposals as inserted in the body of the existing Act. _ (This is not to be treated as a draft Bill).

(Corresponding sections of the existing Act are noted in the margin, and additions to the provisions of the . existing Act are underlined in the text, wherever possible.) Tﬁﬁ ACQUISITION AND REQUISITIONING OF LAND ACT, 19 PART I--PRELIM1:NAnY (1) This Act may be called the qttestioning of Land Act, 19------.

(2) It extends to the whole of India except the State of Jammu and Kashmir. i uisition and Re:

(3) It shall come into force on In this Act, unless the context otherwise requires,---

(a) . . . . .. "appropriate Government" means, in Section 1 Short title.

extent and Commence-

rnent.

[S.I.L.A.A.] Section 2.

Deﬁnitions.

relation to acquisition or requisitioning of land "Appropriate. for the purposes of the Union, the Centr-a:_1G[§f":',"'1""'"' Government. and in relation to acquisition or requisitioning of land for purposes other than those of the Union. the State Government:

('o) . . . . . . . . . . .. "Collector" . . . . . . . . ..im:1udes . . . . . . . . ..any oﬁicer specially appointed by the appropriate Government to perform the func- tions of a Collector under this Act;

(c) . . . . . . . . "company" means-

ea) LA. .1 "Collector"

. c .

LA. .] "Company"

IS. a .

(i) a company formed and registered under the 1*-A- -1- Companles Act 1956;

.:-TM---4~--1--j--

(ii) a company formed and registered under any previous company law for the time being in force i-n any part of India other than the State of Jammu and Kashmir;

SI 1 of 1956.

(iii) a company fonnecl and registered under any other law for the time being in force in the State of Jammu and Kashmir;

(iv) a company-----

{a) incorporated under any law relating to companies for the time being in force in ang foreign country, and (bi haﬁﬂg i_t§__principa1 place of business in India;

(v) a company incorporated by an Indian law relating to a particular compagg; '

(vi) a. society registered under the Societies 31 "T 1359- Registration Act, 1860, or under any law corresponding to that Act for the time being in force in any part of India;

E{A?'i"]- (vii) gin industrial concern ordinarily employing ten or inure wo_r_k_:rn_o_:3 in a mangafcturing_F__p_i~_oc_§:_-_.ss 'c7¥iéd orr_1vmit:i_1uthe 1-1i(!.__§_2E:'lJI2'1_\ii-31', or twentfy

-or more workmen in a manufacturing process carried on without the aid of power; and . . . .

{New} (viii) a corporation created by or under any law for the time being iniorce in any part of 'fiTdia not being a corporation owned or con- trolled by the State;

"Compe- _ (cl) "competent authority" means any person or 't';'.'.' f§_n;f{§' authority authorioed by the agqgrggﬁate Govern- R.A.] ' merit, by notiﬁcation in. the Oﬁicial Gazette, to perform the iunctioiis of the competent autho- rity under Part III for such a'1'oa as may be speciﬁed in the notiﬁcation;

'_'Co-op_cra-__ (o) . . . . . . "co-operative society" means a registered "E;§ﬂ'?;'_'1'°'°'5' society within the meaning of ilro Co--opera1i'1_i5_e 2of19l2. Societies Act, 1912, or a:o.ﬁ___socie1:y registered under any law corresponding _tg that Act for the time being in force in any riart of India; "Court'° (f) "court" means a principal civil court of E-A3_g% original jurisdiction, and includes any otJli__I_e:_r civil court empowered by iii? State Govern- ment . to pcrforrn the functions of the court 53 under this Act within the pecuniary and_lgga_1 limits of its jurisdiction;

,(g) . . . . .. "1and" includes beneﬁts to arise out of --1_,a,,d~- land, and things attached to the earth or perma- nently fastened to anything attached to the ' ' earth;

(h) "landlord" means any person who for the time "Landlord"

being is receiving, or is entitled to receive, or E_'A23°)' has received the rent of or premium for any preniises, whether on his own account, or on ' account or on behalf or for the beneﬁt, of any other person or as a trustee, guardian or receiver for any other person, or who would so receive the rent or be entitled to receive the rent or premium if the premises were let to a tenant;

(i) "local authority" includes a town planning «Local authority; authority"

"--"""" [New]

(j) the expressions "person interested" includes all '_'P=II°D ,, persons claiming, or_-intitled to claim', an interest in compensation payable on account of L. ] the acquisition or requisitionilg of land under this Act; and a person shall be deemed to be interested in land if he is interested in an ease-

ment aifecting the land;

(It) "premises" means any building or part of a "Premises" _ building and includes----- §§_*A23°)'

(i) the garden, grounds and out-houses, ii any, appertaining to such building or part of a building;

i (ii) any ﬁttings affixed to such building or part of building for the more beneﬁcial enJ'0Ym°T1t' thereof; ~ (1) "prescribe-d" means prescribed by rules made "Prescribed"

under this Act;

(m) . . _ . _ _ "public purpose" includes- "Public . . Purpose"

(1) the provision of village sites in dlstrlcts in ;§_;,_3g?] which the appropriate Government 'shall have declared by notiﬁcation in the Oﬁiclal Gazette 13¢: Sec_, 2 (d) R. A. [s. 2(r), A.R. 54 that it is customary for the Governmmt to make such provision;

(ii) the provision of land for planned develop-

ment from public funds and' slibaeqent ch'sposa1_ thereof in Whole or in part by lease. assignment or outright sale with the object of securingwiurther development as plainnecl;

' (iii) the provision of land for town or rural plan- ning under a.n3_[_lavv relating to such planning;

(iv) the provision of land----

(1) for carry_i_ng out any housing scheme or health sc_l1e-Ine sponsored by the Union _ Government o1_'_a_ny State Government or a local authority, or (2) for clearing slum areas, or (3) E}: relieving congestion, or ' (4) for housing poor, landless, or displaced persons, or persons residing in areas affected by ﬂoods:

(V) _the provision of--

(1) residence for any person holding an oﬂice of proﬁt under the Central Government or accredited as a diplomatic consular or trade representative of a foreign Govern-

ment.

(2) building for locating a public oﬁioe;

(vi) the provision of land for corporations -owned or controlled by the State, or other nationalis- ed industries or concerns;

(vii) the provision of land for any local authority and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further develop--- ment;

(viii) the provision of land for a cornpanyl---

(a) for the erection of dwelling houses for workmen employed by the company' or for the provision of amenities directly connected therewith; or Icr. Sec.40(I)(a) and (b). L.A.A. 55

(b) where the land is needed for the construc- tion of some work and such work is likely to prove substantially useful to the public;

(ix) the proxiﬁog of land__ for e1_i_»€_;:9--0pe:I'a.tEe Society-

(a) for the erection of dwelling houses for work- rnen employed by the cooperative society or for the provision of aineznities directly:

connected therewith; or

(b) whe§=.-the land is needed for the constr'._1§:_-

tion of some work and such work is likely _ to Erove substantially useful to the public; or

(x) the provision of land for any charitable trust;

E.r_pIanotion.»----"Charitable trust" includes a trust established or to be established for the relief of the poor, education, medical relief or advancement of any other object of general public utility;

{n) . . . . . . "tenant" means any person by whom or on whose account premium or rent is paid or payable, or both are paid or payable, for any premises includes such sub-tenants and other persons as have derived title under the tenant under any law for the time being in force.

For the purposes of this Act, the following persons

-shall be deemed to be persons "entitled to act" as and to the extent hereinafter provided (that is to say)-

(a) trustee-5 for other persons beneﬁcially interested shall be deemed to be the persons entitled to act with reference to any such case, and that to the same extent as the persons beneﬁcially interest- ed. could have acted . . . . . . . . . _ . .; in II II! III 4' ' I if (1)) the guardian of minors and the corrunittees or managers of lunatic: or idiots shall be dean- ed respectively to be__the persons so entitled to "Tcnnnt"

IS. 2111).

R.A.} Section 3.

"Entitled to act"

lbw 3 (2.1 L.A.A_i 56 act, to the same extent as the minors, lunaﬁcs, or idiots themselves, it free from disability, could have acted;

Provided that---

(i) no person shall be deemed ﬁe "entitled to act" whose interest in the subject-matter is shown to the satisfaction of the Collector or court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;

(ii) in every such case the person interested may appear by a next friend, or in default of his appearance by a next friend, the Collector or court, as the case. may he, shall appoint a' proper person to act on his behalf in the conduct of _ the proceedings; _' 5ofl90B (iii) the provisions of Order XXXII of the First Schedule to the Code of Civil Procedure, 1903. shall, mtttatis mutcndis, apply in the case of persons interested appearing before a Collector or court by a next friend, or by a person appoint- ed under clause (ii) of this proviso in 1:»roceed- ings under this Act; and

(iv) no person "entitled to act" shall be competent to receive the compensation-money payable to the person for whom he is entitled to act unless he would have been competent to alienate the land and receive and give. a good discharge for the purchase-money on a voluntary sale.

PART II----ACQUISIT'I0-N' CHA.P'I'ElEl_ I--P11ELrM1NAsv INV'E.S'1'IGA'I.'ION AND Dscnaaarroiv.

Preliminary investigation 1""3°u?,'f;'$'§g?,'5, (1) 'Whenever it appears to the appropriate Govern» 3£é"'ﬂ1;f].'_' ment or the Ctollector that any land is needed or is likely ﬁcation and to be needed for any public purpose, a notiﬁcation stating_ gfﬂwcg °f the purpose for which the land is needed or likely to he thereupon. needed and describing the land by its survey number, if [5- "i any, and also by its boundaries and its approximate area, 57 shall be published in the Official Gazette, and the Collector shall cause--- .

(a) public notice of the substance of such notiﬁca- tion to be given at convenient places in the locality in which the land is situated, and

(b) a copy of such notiﬁcation to be served on the owner, and, where the owner is not the occupier, also on the occupier, of the land.

E._:z:plancLtion.----'I'he expression "convenient places':

includes,_in the case of land situate in a village, the office of the Village Panchayat within whose jurisdiction the land lies. .

(2) The notiﬁcation under sub-section (1) shall also specify the date, (such date not being less than twenty-

one days from the publication of the notiﬁcation) on di- before which, and the manner in which, objections to the proposed acquisition can be made, under section 6.

(3) On the publication of such notiﬁcation it shall be lawful for any officer, either generally or specially autho- rised by such Government or by the Collector in this behalf, and for his servants or workmen,---

(i) to enter upon and survey and take levels of the land;

(ii) to dig or bore into the sub-soil;

1'! III II '41 11 It *

(iii) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon;

(iv) to marl: such levels, boundaries, and line by placing marks and cutting trenches; . . . . _ .

(V) where otherwise the survey cannot be com-- P11'-'ted and levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle; and

(vi) to do all other acts necessary to ascertain . . whether the land is suitable for such purpose:

Provided that no person shall enter into any-building:

or upon any enclosed court or garden attached to 3 ; dwelling house (unless with the consent of the occupier [New] [S. 4 2) LA. .] (S. 38 (1), L'.A.A.] [New] Section 5.

Payment for dam e.

thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.

(4) Where the acquisition isfor a person or authority.

an oiﬁcer of such person or authority may be authorised by the appropriate Government or the Collector to exercise the powers conferred by sub-section (3).

(5) The ofﬁcer authorised under sub-section (3) or sub-section (4) shall complete his investigation and submit his report to the Collector within a period of thr-é--e month_s (or within such longer period, not Alegrceeding six months in all, as the appropriate Government may allow) from the date of the publication of the notiﬁcation under subsection (1), and the Collector shall forward the report with his remarks to the appropriate Government alonguwith his report under sub-section (2) of section 6. 7 ﬁn-

The oiﬁcer authorised under sub-section (3) or sub- section (4) of section 4 shall, at the time of such entry, 1 s, 5,L,A__A_] pay or tender payment for all necessary damage to be Section 6.

Hearing of objections.

[S. 5, AH), L.A.A.] earlier part, I..A.A.] [New] done as aforesaid, and in case of dispute as to the suffi- ciency of the amount so paid or tendered, he shall at once refer the dispute to the court for its decision. Objections (1) Any person . . . . . . . . ..may, on or before the date speciﬁed in the notiﬁcation underﬂsub-section (l_):of section 4 in this behalf, object to the acquisition of the land so notiﬁed.

(2) Every objection under sub-section (1) shall be made to the Collector in writing setting out the grounds thereof, and the Collector shall glue the objeaor an opportunity of being heard either in person or by pleacler and shall, after hearing all such objections and after mak- ing such further inquiry, if any, as he thinks necessary, submit the caseiiior the decision of the appropriate Govern- ment, before the expiry of six weeks from the last date for ﬁling objections or before the expiry of two weeks from the date on which he receives the report under sub--section (5) of section 4, whichever is later, together with the record of the proceedings held by him and a report con- taining his recommendations on the objections . . . . . . . . ..

- . . - - . o . . . . no (3) The Collector shall, on the application r§_tbe objector and at his cost, furnish him with a copy of his report. "_--

b 59 _ On receipt of the report of the Collector under sub-

section (2) of section 6, the appropriate Government, after giving an opportunity to the objectors of being heard either in person or by pleader, shall decide whether the land is needed, for a public purpose. The decision' of the appropriate Government ' . . . . . . . . . . . .. shall be ﬁnal as to the question whether the land is needed for the purpose stated in the notiﬁcation under sub-section (1) of section 4 Dzcltrmtion (1) . . . . ., If the appropriate Government is satisﬁed,

(a) that the land is needed for a public purpose; €11 '

(b) that it is suitable for the purpose for which it is intended to be acquired;

. . . . . . . . . . . . ..it shall, within six weeks from the date of receipt of the report of the Collector under sub-section (2) of section 6, direct the Collector to proceed under subsection (2).-

* # II II It i ll _ (2) The Collector shall, thereupon, within two months from the date on which he receives such direction,----

(a) cause the land (unless it has been already marked out under section 4) to be marked out;

(b) . . . . . . . . . cause it to be measured, and, if [no plan has been made thereof, a plan to he made of the same; and

(c) report to the appropriate Government the result of his operations under this subsection. _ _ (3) The appropriate Government shall then, within one month from the receipt of the report of the Collector under sub-section (2), make a declaration that the land is needed for a public purpose. The declaration shall be published in the Official Gazette and shall specif1--__--

(i) the land, with its precise bourldaries, and survey number, (if any) its approximate area, and... .. the place where a plan of the land may be inspected; and

(ii) the public purpose for which the land is needed L1Law,f67--5 ' Section 7.

Deaﬂon on objectidns [s. 513(2), latter part L.A..A.] Section 8.

Declaration that land is required for a public purpose.

Ls. 35(1).

mam para part, L.A.A. \._'I [S- , 5(1).

mam para, pa' '-9 L.A.A.] (S. 5(2);

LA. .

E-A_A:r']« (4) The Collector shall thereupon take order for [5,16e.,,,5¢, the acquisition of the land and shall, within a period of mm two months or within such longer period, not exceeding ' ' four months in all. (as the appropriate Government may allow-from the date of the declaration, taken possession of the land after giving reasonable notice to the persons interested in the land.

[NW] (5) Land not included in the declaration under this section but included in the notiﬁcation under sub-section (1) of section 4 shall, as from the date of the declaration, stand released from the notiﬁcation; and the n0tiﬁc§_ﬁin shall be deemed to be cancelled to that extent. ' [New] (6) If the appropriate Government decides to abandon the acquisition of the land, it shall issue a notiﬁcation to that eﬂfect and cancel the notiﬁcation issued. under £12- section (1) of section 4:.

CHA.P'1'E.R ll TAKING Possrssrorr, AND omen Pnocnsnrsos BY COLLECEDR .

Secﬁon 9_ (1) When the Collector takes possession of the land mi" 05 speciﬁed in the declaration issued under section 8, it shall [S.Ii$ilatm vest absolutely in the Central Government or the Paﬁs L-A-A-I State Government, as the case may be, free from all encumbrances. i A (2) The fact of such taking possession and vesting shall 6W [N '1 be forthwith notiﬁed by such Governmerit in the Cllﬂcial Gazette, and such notiﬁcation shall be evidence of the title of such Government to the land. _ Section 10, (1) When a declaration under section B is published, _ ' to the Collector shall... .cause public notice to be given .. . ,,,,,;;_,f!",,,, stating that . . . . ..claims to compensation for all interests Eicii '_ in such land shall be made to him. -

(2) Such notice shall state the particulars of the land 535a}: (2), acquired, and shall require all persons interested in the L_A.A_] land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publicaticn of the notice), and to state the nature of their respective interests in the land, . . . . . , the amount and particulars of their claims to compensation for such interests, the basis on which the compensation so claimed is computed. . . . . . . .

their objections, if any, to the area. as speciﬁed in the declaration, and such other matters as may be prescribed.

(3) The statements shall be made in writing in the prescribed form and shall be signed by the party or his agent.

(4) The Collector shall also serve notice to the same eﬁect on the occupier {if any) of such land and on all such persons known or believed to be interested there- in, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate. Such notice shall be served at least ﬁfteen days before the date on which the persons concerned are to appear and state their respective i:nt_e_I'ests before the Collector.

(5) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by registered post in a letter addressed to him at his last known residence, address or place of business . . . . , , (1) The Collector may also by notice require any such person to make or deliver to him, --at_a time and place mentioned (such time not being earlier than ﬁfteen days after the date of the service of the notice, a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as proprietor, sub-proprietor, mortgagee, tmant or otherwise, and of the nature of such interest, and of the rents and proﬁts (if any) received or receivable on account thereof for three years next preceding the date of the statement.

(2) Every person required to make or deliver a state- ment under this section or section 10 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code . . . . . . . . . . ..

Fixation of Area and Value (1) On the day so ﬁxed, or on any other day to which the proceedings may be adjourned, and after consultation withmthe appropriate Government, and, if the acquisition is made for purposes other than those of the Government, also with the person or authority for which the acquisi- tion is made, and after calling-for such information from the cl_aiI_I_1_a§.ts as he thinks necessary, the Collector shall--

(a) ﬁx, by agreement with all the persons referred to in clause (b) the true area of the land, the [S 9(2).

D3311.

L.A.A.} ES. 9(3).

L.A.A.] [S- 9(4).

L A.A.] Section 11, Power to require and enforce the making of statements as to names and interests 45 of 1300 Section 12 Proceedings by Collec-

[s. 11 L.A.A} [New] [New] IS. 15.

LA.A.] _ V Section 13.

Payment of compensa-

tion or deposi_t of sum I11 [3 31' 1 IS. 91(2).

DJEJII para, L.A.A.] G2' compensation. . . .to he allowed for the land the person entitled to receive the sa1n_e;

(b) also ascertain whether all the persons known am! or believed to be interested in the land, of whom, or of whose claims, he has information whether. or not they have respectively appear- ed before him, are agreed as to the apportion- ment of the said7§rmpensation among th"r7n- 5§.1,V;9§-

(2) If an agreement is arrived at under clause (a) or

(b) of sub-sectfn (1) on any of the--inattc-rs rnent1"c')Ar--:-ed in that clause, the Collector shall record such agreement obtain, the signatures of the parties and make an order in accordance with such agreement, under his hand. A gopy of such order shall be furnished free of cost 'to any person interested in the land who applies-for the same. ' (3) In so far as an 'agreement is not arrived at under clause (a) and (h) of sub-section (1) on any of the matters mentioned -in that clause, the Collector shall---«

(a) refer such matter or matters for the detennina- tion of the court and inforrn the parties of the same immediately;

(In) ﬁx, on the basis of the true area of the land as determined by him," the compensation which in his opinion ihomd be allowed for the land; and

(c) fix the manner of apportionment _cL£_mttle said compensation among the cleiinants, where such apportionment is needed.

(4) In fixing the e.mou_nt of compensation, the Collec- tor shall be guided by the provisions contained in sections 21 and 22.

(1) On making an order under sub-section (3) of sec- tion 12, the Collector _s_EeT1l_, subject to the progisions of sub-section (2), within one month from the date of"rHe order, tender payment of the compensation lined; by him E37555 persons interested entitled thereto . . . . . . . . . . . . . . . . . . and. . . .pay it to them . . . . ..

(2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title-to receive the compensation '63 or as to the apportionment of it, ~t.he Collector shall deposit the amount of the compensation in the court, sﬂi give notice of such deposit to the persons' interested en-

titled to the amount.

' """"'"""'" 1: at 1:

' On the sum fixed by the Collector under clause (b) of sub-section (3) of section 12, as reduced by the amount, if a_ni,'paid or deposited under clause (c) of section 33, the Collector shall pay....interest. .at the rate of ﬁve per centum per annum from the date of. . . .taking pE_session of the land to the date on w-hi-c?h_the sum is deposited in court, or, if the-sum is not so deposited, then to the date on which it is paid by the Collector to the person entitled to receive the same, (1) If there is agreement on all the matters referred to i_n_ clauses (a) and (b) of subsection (1) of section_1_Z the amount ﬁxed by the agreement shall be paid by the Collector to the persons interested in accordance there-

with within one month from the date of the order re- corded under sub-section (2) of section 12.

(2) In default of such payment, the order of the Collec- tor may be executed as if it were a decree of a civil court of the lowest grade which would be competent to try a suit. for the recovery' of the land.

(3) Interest on the amount referred to in subsection Section 14.

Interest on amount ﬁxed by Collector, [S' 34. LA.

A-1 Section 15.

Payment in case of agreement.

[New] (1) shall be paid by the Collector at the rate of five per _ centum per annum from the date of taking possession of the land to the date of payment under sub-section (1) or realisation by execution under subsection (2), as the case may be-, and shall be deemed to be included in IE order. p E Where the Collector does not, within the period speci- ﬁed in sub-section (4) of section 8, take possession of the land, the date on which the said period expires shall, for the purposes of sections 14 and 15, be deemed to be the date on which possession of the land is taken by the Collector.

(1) Notwithstanding anything in §1b--sect.ion (1) pf section 15, the Collector may, with the sanction of the appropriate Government, instead of awarding a money compensation in respect of any land, make any arrange- ment with a person having a limited interest in such land, Soction"l6.

Interest in cases where possession not taken within speciﬁed time.

[New] ' Section 17'.

Compensa-

tion in ' lcinc:l5.l 3 [S- ( .

L.A.A.}) 64 either by the grant of other lands in exchange, the remis- sion of land revenue on other lands held under the same title, or in such other way as may be equitable having regard to the interests of the parties concerned.

llfflbil. (2) Nothing in sub-section (1) shall be construed to ' ' interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof, includ- ing, in particular, an arrangement for the grant of other lands in exchange.

gfgggtliﬁh (1) All the proceedings that are necessa.ry_to be taken gf prﬂcgea- under this Act from the date of the issue of the notiﬁcation iﬁlqsg'-N] un.der sub-section (1) of section 4 to the date ﬁxed for the ﬁrst hearing under sub-section (2) of section 10 shall be completed within a period of eight months, unless the appropriate Government, for reasons to be recorded in writing, extends the time by a further period not ex- ceeding four months, ' (2) The Collector shall complete all proceedings under section 12 (includiing the making of any order under sub:

section (2) or a. reference under sub»-sect.'ion (3) of that section) within four months from the date ﬁxed for the first hearing under sub-section (2) of section igm gm,-u.,,-.19, If, within the period specified in sub-section (1) or gag'; Egg; subsection (2) of section 18, the proceedings are not com~ section 4 pleted, the notiﬁcation under subsection (1) of section 4 ﬂew?" Htg shall stand cancelled, and the persons interested in the [N§..,'f°° ° 'land shall, if _possession of the land has been taken by the Collector, be entitled to apply to the court for an order against the Collector for :--

(a) restoration of possession in accordance with their respective interests, and ('0) payment of such compensation as the court may determine.

Reference to court Section 20. (1) In making a reference under sub-section (3) of C°"°°'°""' section 12, the Collector shall state for the information of statement to ﬁwwj . l the court. the court, in writing . . . . . . E'A_}B]' (a) the situation and extent of the land, with ' particulars of any trees, buildings or standing crops thereon, attaching a plan of 't_}_]_?Yl££rld;

-(b) the names of the persons who, he has reason to believe, are interested in such land; an_d

(c) . . . . . . . . . . . . . . . . . . . . ..the amount of compensa- tion ﬁxed by him under sub--section (3) of sec- tion 12 and the basis on which it was arrived at.

. . . . a u o o on (2) To the said statement shall a_1so be attached a schedule givng . . .particulars of the notices served upon, 'and of the statements in writing made or delivered by, the parties interested respectively, and any other informa- tion available with the Collector relating to the matters reeferred to the court.

CHAPTER III Pnnrcnanss me me DI-'HERIUIINATION or Coivmsnsanon (1) In determining the amount of compensation to be awarded for land acquired under this Act, the court shall' take into consideration-----

first, the market-value of the land at the date of the publication of the notiﬁcation under sub--section (1) of section 4;

secondly, the damage sustained by the person _ interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking posses- sion thereof;

thirdly, the damage (it any), sustained by the person interested, at the time of the Co1lector's taking possession of the land, by reason of severing such land from his other land;

fourthly, the damage (if any), sustained by the person interested, at the time of the Co1lector's taking possession of the land, by reason of the acquisition injuriously aﬁecting his other pro- perty, movable or immovable, in any other manner, or his earnings;

ﬁfthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place or business, the reasonable expenses (if any) in- cidental to such change; . . . . . . . . . . . .

iiection 21, Matters to be consider-

ed in determining compensa-

tion, [S. 23, L.A.A.] Section 22 Mam-ms to' 66 sixthly, the damage (if any) bona ﬁde resulting from diminution of the proﬁts of the land bet- ween the time of the publication of the noti- ﬁcation under sub--section (1) of section 4 arid the time of the Col1ector's taking possession of the land; and seventhly, if it .be shown that before the date of _ the publication of the notiﬁcationqunder sub- section (1) of section 4 the owner of the land ' had in good faith taken active steps and incurr- ed expenditure to secure a more proﬁtable use of the same, the expenditure so incurred. H (2) In addition to the market value of the land as above provided, the court shall in every case award a sum of ﬁfteen per centum on such market-value, in considera- tion of the compulsory nature of the acquisition.

But the court shall not take into consideration---

first, the degree of urgency which has led to the "--_acquisition;

secondly, any disincljnation of the person interested _ to part with the land acquired;

thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;

fourthly, any damage which is likely to be caused to the land acquired, after the date of the publica- tion of the declaration under section 8, by or in consequence of the use to which it will be Put:

ﬁfthly, any increase to the value of the land acquired likely to accrue from the use to which it will he put when acquired;

sixthly, any increase to the value of the other land of the person interested likely to accrue from the -use to which the land acquired will be put; . . . . ..

seventhly, any outlay or improvements; on, or disposal of the land acquired, commenced made or effected without the sanction of the Collector

-after the date of the publication of the notiﬁ- cation under sub-section (1) of section 4, unless, 67 in the case of irnprovements, such ixnprovementi were necessary for the maintenance of any building in a proper state of repair; or eigh thly, where the market--v.=.31i1e of the _} U}3:-

Y "'e eesed by reason of the use thereof in 2: e manner which could be restrained by any court or is contrary to law or is detrimental to go health of the inmates of the premises or to public health, the amountlof that mueaﬂ ﬁ-- ' CHAPTER IV' INVESTMENT or Momzsrs Dsposxrrn (1) If any money is deposited in court under 'section 55, or where any money is deposited in court under sub-

section (2) of section 13 and it appears that the land in respect whereof the same was awarded belonged to a per- son who had no power to alienate the same, the cmirt slmll--- -

'(a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in res- pect of which such money shall have been deposited was held, or T

(b) if such purchase casmot be eifected forthwith, tllezn in such Government or other approved securities as the court shall think ﬁt;

and shall direct the payment of the interest or other pro-- ceeds arising from such investment to the person or per- sons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same be ap» plied--

(ii in the purchase of such other lands as aforesaid;

(ii) in payment to any person or persons becoming absolutely entitled thereto;

(2) I-Vhere, by virtue of the provisions of clause (b) of sub--section (1), any money is required to be invested in_ the purchase of securities referred to therein, and, before -

fP~T~'-=_v] [ tl1e_money is so invested, any person or persons become i absolutely "entitled thereto, the court may, not withstand- ing anything contained in sub-section (1), pay such money to such person or persons. ' 68 2(2) -(3) In all cases of moneys deposited to which this sec-

A1 tion applies, the court shall order the costs of the following matters, including therein all reasonable charges and ex- penses incident thereto, to he paid by the Collector, ,namely-- i

(a) the costs of such investments as aforesaid;

(b) the costs of the orders for the payment of the interest or other proceeds, of the securities upon which such moneys are for the time being invest- ed, and for the payment out of court of the principal of such moneys, and of all proceedings relating thereto, except such as may he occasion- ed by litigation between adverse claimants.

section 24,, (1) When any money shall have been deposited. in iﬁﬁﬁgg' court under this Act for any cause other than that men- deposited in tioned in section 23, the court may, on the application of °t_1'e1;,'3:?'s°5' any party interested or claiming an interest in such L.A;A.i. money, order the. same to be invested in such Govern-- ment or other approved securities as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as it may consider will give the parties interested therein the same benefit therefrom as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be.

[New] (2) The court may pay any such money or transfer the securities in which it is invested to the person entitled Ehereto if the cause for which the money was deposited has ceased to exist and if there be no other legal objection to such payment or transfer. .

CHAPTER. V ACQUISITION OF LAND FOR COMPANIES AND OTHER PERSONS AND AUT}-IORITIE Section 25,' Where land is to be acquired for any company---

Previous can-sent_or (a) no notiﬁcation under sub-section ( 1) of section 4 "§'§,f§',';,'_'a'° shall be issued except by, or with the previous uaontfnnd -f consent of, the appropriate Government; and.

gmdto (b) the provisions of sections 8 to 20, or of Chapter IV ' ' or Chapter VI of this Part, or of Part IV, shall L.A.A.] ' ' " ' not be put in force. . ; .except with the "previous consent of the appropriate Govenm:-.ent, and 69 unless the company shall have executed the agreement hereinafter mentioned.

(1) Such consent shall not be given unless the appro- priate Government be satisﬁed, either on the report of the Collector under sub-section (2) of section 6 or by" any

-enquiry held by such officer and at such time and place as the appropriate Governrnent shall appo1'nt,_tha'c the purpose of the acquisition is a public purpose of the category speci- fied in item (viii) of clause (m) of ggztion _if_.

(2) Such ofﬁcer may summon and enforce the attendance of witnesses and compel production of documents by the same means and_ as far as possible_ in the same manner as is provided by the Code of Civil Procedure, logs, in the case of a civil court.

If the appropriate Government is Satisﬁed . . . . . . . . . that the purpose of the proposed acquisition is a public purpose of the category speciﬁed in item (viii) of clause (In) of section 2, it shall, before issuing a declaration under section require the company to enter into an agreement with the [5 appropriate Government, providing to the satisfaction of the appropriate Government for the following matters, "namely :---

(1) the payment to the appropriate Government of the cost of acquisition; 7 _ (2) the transfer, on such payment, of the land to the company;

(3) the temls on which the land shall be held by the company;

(4) where the acquisition is for the purpose of erect- ing dwelling houses or the provision of anienities connected therewith, the time within which, the conditions on which and the manner in which the dwelling houses or amenities shall be erected or provided; and ({3} where the acquisition is for the construction of any other work, the time within which and the conditions on which the work shall be executed and maintained, and the terms on which the public shall be entitled to use the work.

Eevery such agreement shall, as soon as may be after its execution, be published in the Official Gazette and shall thereupon (so far as regards, the terms on which the public Section 26 _ Previous enquiry, IS. 1) an L.A..A.] 3, S of 1908.

Section 27 Agreement with appropriate Govern-

ment.

. 41.

L.A.A.] Section 28, Publication of agree-

meat.

13. 42 L.A.A.] 70 shall beentitled to use the Work) have the same effort as if it had formed part of this act.

mi :33: The provisions of sections 25 to 23, both inciusive, shall [,i_Qn§n-0.1-to not apply to the acquisition of land for any Railway or igﬂiéwhﬂm other -company, for the pllJ'pDSES of which, under any agree- rnr .

mm bound rnent with such company, . . . . . . . . . . . .the Central Govern-

ifoﬁfﬂfntmmt or any State Government is bound to provide land.

land for companies.

{s. 43, L_A.A.1 §'i,°;,";fi;'j,i§',; » The provisions of sections 25 to 28 shall, mutotis mutan- tgufr Jartrg dis, apply where land is to be acquired for any person (not 0 61' . -

mriims or being a company), or author:ty._ , t ..

'E.~'3e.31'"'"' CHAPTER V1 TAICING POSSESSION wrrn cossmrr on IR URGENT CASE.

Sgckig-"H 31- The Collector may, at any time after the issue of a m.§L'§;.,,1 notiﬁcation under subsection (1) of section 4, take posses- ']'°5¢|1l sion of the land so notiﬁed, if the persons interested in the land express in writing their willingness to surrender possession of the land and waive their right to object to the acquisition of the land. ' 33- {1} Whenever, owing to any sudden change in the powm in channel of any. . . .. .river or other unforeseen emergency, "W3 0' it becomes necessary-

urgency.

IS. rrqz} main para, P-art,L.A..I9r.| JS._L3'(.'£}. (2) for any Railway Administration to acquire the r'f'_,f'r':" "'""- immediate possession of any land for the main- L..--n.'A.g : tenance of their traffic or for the pI.l!']:oose of making thereon a riverside or a_ ghat station, or of providing convenient connection with or access. to any such statior1:ﬂ' T U"'3'"1 (b) for the Government to acquire immediate possesg sion of any iand for the purpose of maintaining road communications or traffic -over roaLd_s_or re- pairing breaches in [channels river bunds or tanks or maintaining irrigation or water'i'sT1_p_;#IA_l¥3__r or drainage;

the Collector may, even before a notiﬁcation under sub- section (I) of section 4 has been issued . . . . ..enter upon and-take possession of such land . . . . . . . . . . .. i 71 ' -Provided. that the Collector shall not take possession of any building or part of a'bu.iId1'ng under this section with- out giving the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unneces- sary inconvenience.

i (2) The collector shall immediately report to the appropriate Government the fact of such taking possession and the reasons therefor. The appropriate Government shall then, within two months of the receipt of such report, notify in the Otﬁcial Gazette whether the acquisition of the land under the provisions of this Act should or should not be proceeded with.

(3) If within four months of the date on which posses- sion of the Land is taken by the Collector, the appropriate Government does not notify in the Oﬁﬁcial Gazette Whether the acquisition of the land under the provisions of ihis Act should or should not he proceeded with, then, notwith- standing anything contained in subsection (aL.the persons interested may apply to the court for an order against the Collector for-

M (a) restoration of possession in accordance with their ' respective interests, and

(b) payment of such compensation determine.

' Where possession of any land is 'taken under section 33.

"r section 32, the following provisions shall apply:--

(a) if the appropriate Government withdrawsirom the acquisition of the land_ compensation shall paid in accordance with the provisions of sub-

section (2) of section 37; '

(b) if the acquisition of the land is proceeded with, the land shall vest absolutely in the appropriate Government free from all encumbrances on the publication of a declaration in respect of the land under section 8;__and_ ' (c) the Collector shall, at the time of taking posses»:

sion, pay or offer to each person interested_,__2_i§ interim compensation for the acquisition of the land, an amount not exceeding sixty per centuz-FL of the amount which, on a preliminary 'estimate, t_hg person concerned Would, in the opinion of the §_o1lec1;or, be entitled to claim for the acquisition as the court may ls. 11(2).

{NOW} ' [NEW] Section 33.

Special pro-

visions ro-

gardinglaml taken pos-

session of under this chapter.

{New} _ L.A.A.] 72 of the land; and if the amount so offered is not accepted, the Collector shall deposit .it in the court.

Section 34. _______________k__?________ 933%?' the Collector shall, at the time of taking possession. pay or tion for offer to the persons interested compensation for the stand-

Where possession of any land is taken under section 32,' °"°"" 3"" ing crops and trees, if any, on such land and for any other"

[S.l1{3). damage sustained by them caused by such sudden dis- LA-M possession and not except in section 22; and, in__case of dispute as to the sufficiency of the amount so paid or' offered, he shall at once refer the dispute to the court for' decision.

CHAPTER VII GENERAL PROVISIONS RELATING TO ACQULSITION When a person interested in any land and competent to C1,)", gm. contract in respect thereof, at any stage of the proceedings <;§3wnsn- for the acquisition of land, states in writing before the [Need Collector or before the court, as the case may be, that he he shall be deemed to have received and given a valid discharge of such compensation for the land as would otherwise have been paid_, Acéfﬁtﬁg (1) Where the pI'DV1S10n5 of this Act are put In force 0f 'and at for the purpose of acquiring land at the cost of any fund 1cZ.C$(;£_,:'hu_ controlled or managed by a local authority or of any com- Pilﬁ' 0' '=0m- pany or other person, the charges of and incidental to "§§,';§;,°"'°' such acquisition shall be defrayed from or by such fund IS. 50, or company or other persom M (2) In any proceeding held under this Act in such cases, the local authority or company or other person concerned may .... ..for the purpose of ﬁxing &wE1eterI:ninin--g'_ the amount or compensation-

(a) appear and represent its case before the §3§ec-

tor, or

(b) appear and adduce evidence before the court, as _the case may be.

§g"--t§g;;u?*_f[; (1) appI_fr£I'_iag:g Government shall be at liberty or acquisi- to withdraw from the acquisition of any land be-fo_r3u__:--_1 ;'§'£';pu]_f§:y. declaration under section 8 has been issued, and shall, in but_compcn- every such case, cancel the notiﬁcation issued under sub- Zﬁﬁggf °° section (1) of section 4. in respect of the land. T' when "°' (2) Whenever the appropriate Government withdraws completed. _ _ _ [S. 48,L.A.A.] from any such acquisition, the Collector shall determine gives up his claim to compensation in respect of the land,_ 73 the amount of compensation Qlue for the damage suffered by the owner in consequence of the notice or of any D7"- ceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.

(3) In case of dispute as to the amount of such com- pensation, the Collector shall refer the same to the court mm _ .

Where a person receives or withdraws any amount paid ﬁﬁfauigv or deposited as compensation for the acquisition of land gr money under this Act, his rights shall not be prejudiced mere-11' mh°"t pm"

_ , test not to by reason of the fact that he received or withdrew the ba; fights, amount without protest. [New] PART III»-REQUISITIONING, AND REQUISITIONING FOLLOWED BY ACQUISITION The provisions of this Part shall apply only if the Sec. .39, appropriate Government issues a notiﬁcation in the Oﬂicial '?j_";,1;°rf"ﬁ'I','-°' Gazette applying this Part to the whole or part of its [New} territory.

(1) Where the competent authority is of opinion the': Section 40, any is needed or likely to be needed for any public aﬂgégg re' purpo7e',' being a purpose of the Union or of a State, and land.

that the laid should be mqmsitione ten1: [S'3'R'A'3 authority-

(a) shall call upon the owner or any other person who may be in possession of the land by notice in writing (specifying therein the purpose of the requisition) to show cause, within ﬁfteen days of the date of the service of such notice on him, why the land should not be requisitionedg; and

(b) may, by order, direct that neither the owner of the land not any other person shall, without; permE§_on of the competent authority, disposes of, or structurally alter, the land or let it out to- a tenant until the expiry oﬁnw period, not exceeding two months as may be speciﬁed in the order.

(2) If, after considering the cause, if any, shown by any person interested in the land or in possession thereof, and after giving an opportumT3r_--of being heard either in person or by pleader, the competent authority is satisﬁed that it is necessary or expedient so to do, it may, by order Section 4], Power to take posses-

sion of re-

quisitionod land.

-(S. 4, R.A.] roquisiti onod 13::

[S. S, 11.4%.} 7-! in writing, requisition the land and may make such inr-

ther orders as appear to it to be neoessar3r_o'r eoipedient in connection with the requisitioning: ' ' ' Provided that no land or part thereof------

{a} which is bone ﬁde used by the owner thereof or a- beneﬁciary under a private trust as the resi- dence of himself or his family, or

(b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or tor the pur-

pose of accommodation of persons -connected with the management of such place of worship or such school, hospital, library or orphanage, or (c} which is in the occupation of a tenant who has actually resided there for a continuous period of six months or more before the date of the notice under sub-section (1), shalfbe requisition:

I Provided further that where the requisitioned __land consists of premises which are being used as a res.ideT1c--e by a tenant for not less than two months immediately preceding the date of the service of notice under subsec- tion (1), the competent authority shall provide such tenant with alternative accommodation which. in its opinion, is suitable.

(1) Where any land has been requisitioned under sec-

tion 40, the competePnTautho1-ity may, by notice in writing, order the owner as well as any other person who may be in possession of the lgito surrender or deliver possession thereof to the competent authority or any person duly authorised _.by it in this behalf within thirty days of the service of the notice.

(2) If any person refuses or fails to comply with any order made under sub-section (1), the competent autho- rity may take possession of the l_ar_n1 and may, for that purpose, use such force as may be necessary.

(1) All land requisitioned under section 40 shall be used for suclrﬁurposes as may be mentioned in the notice of requisition. T (2) Where any premises are requjsitioned under sec- tion 40, the competent authority may order the landlord . _»ﬁ,._..._.r.' 75 tovexecute such repa1'rs,_the cost' of which does not exceed one-sixth of the annual rental value, as may be necessary and are usually made by landlords in that locality and as may be speciﬁed in the notice, within such reasonable time as may be mentioned therein, and if the landlord fails to execute any repairs in pusuance of such order, the com- petent authority may cause the repairs speciﬁed in the order to he executed at the expense of the landlord and the cost of thereof, not exceeding one-sixth of the annual rental value, may, without prejudice to any other mode of recovery, be deducted from the compensation payable to the landlord.

(1) The appropriate Government may, at any time, release from requisition any hind requisitioned under this an and shall, as far as possible, restore the land in as good a condition as it was when possession the}E:f was taken subject only to the changes caused by reasonable wear and tear and irresistible force:

Provided that where the purposes for which any requisitioned land was being used cease to exist, the appropriate Government shall, unless the land is acquired as son}? as may be, under section 49, release that land, from requisition.

(2) Where any lad is to be released from requisition the competent authority may, after such inquiry, if any, as it may in any case consider necessary to make or cause to be made, specify by order in writing the person to whom possession of the land shall be given and such possession shall, as far as practicable, be given to the person from whom possession was taken at the time of the requisition or to the successors-in-interest of such person.

(3) The delivery of possession of the land to the person' speciﬁed in an order under sub--section E§)_shall be a full discharge of the appropriate Government from all liability in respect of the 'land, but shall not prejudice any rights in respect of the lid which any other person may 'be entitled by due process of law to enforce against the person to whom possession of the land is given.

(4) Where any person to whom possession of any requisitioned land is to be given is not found and has no agentor other person empowered to accept delivery on his behalf, the competent authority shall cause a notice declar-

ing that the land is released from__ requisition to aﬁixed L1Law,'67---- 6 ""

Section 43, Release from requisiti on-

mg.

[S. 6, R.A.] 76 on some conspicuous part of the land and shall also publish the notice in the Oflicial Gazette.

(5) When a notice referred to in sub-section (4) is published in the Oﬁcial Gazette, the land speciﬁed in such notice shall cease to be subject to reﬂition on and from"

the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof, and the appropriate Government shall not be liable for any compensation or other claim in respect of the land for any period after t-he said date. --n"

(6) Where any land requisitioned under this _I_'a1j:_ or any material part thereof is wholly destroyed or rendered substantially and permanently unﬁt for the purpose for which it was requisitioned by reason of fire, earthquake, tempest, ﬂood, or violence of any army or of a mob or other irresistible force, the requisition shall, at the option of the appropriate Government, be void:

Provided that the beneﬁt of this sub-section shall not be available to the appropriate Government where the injury to such land is caused by any wrongful act or default of that ﬁvemment.

gm,-on 44_ No person interested in any land requisitioned . . . . ..

E3-5°"1°'1t under this Part shall, without the previous written consent of the competent authority or except for the purposes of E5. I6, R-A-1 effecting repairs or complying with a "municipal require- ment, wilfully disturb any convenience or easement attached to such land or remove, destroy or render unserviceable anythﬁ provided for permanent use there- with or discontinue or cause to be discontinued any supply or service provided for the land.

Se_ct.ion 45, (1) Where any land is requisitioned . . . . ..under this ag'"n':',ﬂllf:ds Bart, there shall be paid compensation the amount of of dete1'- which shall be determined in the manner and in accordance mini"-°°m' with the principles hereinafter set out, that is to say,-

pcnsation for :'oquisi- . _ tiouing. (a) where the amount of compensation can be ﬁxed §_'M3("' by agreement between the competent authority and the personiin_terested, it shall be paid in accordance with such agreement;

(b) where no such agreement can be reached, the competcnt authority shall refer the matter to "the court for decision 77 (2) The amount of compensation payable for the re-

quisitioning of any land shall consist of--- '

(a) a recurring payment, in respect of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the land, if it had been taken on lease for that

- peri--od; and

(b) such sum or sums, if any, as may be fﬂund necessary to compensate the person interested for all or any of the following matters. namely:----

(i) pecuniary loss due to requisitioning;

(ii) expenses on account of vacating the requisi- tioned premises;

(iii) expenses on account of re-occupying the pre- mises upon release from requisition;......

(iv) damage (other than normal wear and tear) cause to the during the period of requi- sition, including the expenses that may have to be incurred for restoring the land to the condition in which it was at the timebof requi- sition; an_d_

- (V) compensation for any damage caused by acts _ done in exercise oi_{_ the__power5 cont_erred__ by section 43.

(1) Any person aggrieved by an order of requisition smog 45, made by the competent authority under sub--section (2)ADP€~11='f1'0'"

of section 40 or an order under sub-section (2) of section 42 may, within twenty one days from the date of service of the order, prefer an appeal to the appropriate Govern- ment: '_W Provided that the appropriate Government may enter- tain the appeal after the expiry of the said period of twenty--one days, if it is satisﬁed that the appellant was prevented by sufficient cause from ﬁling the appeal . time.

in (2) On receipt of an appeal under sub-section (1), the appropriate Government may, after calling for a report from the competent authority and giving an opportunity orders of re-

quisitimung [S. 10, R.A.] Section 47.

Powers to enter. and inspect, and special order, may mark boun- daries etc. [55, 14, R.A.I Section 43.

Dufﬁtlon Of continue in requisition [New] 78 to the parties of being heard and after making such further inquiry, if any, as may be necessary, pass such order as it thinks fit and the order of the app1ﬂ3r_i§_1:e Government shall be ﬁnal.

(3) Before hearing the appeal the appropriate Govern- ment shall furnish the appellant with a copy of the report Iﬁrred to in_-spnbfesction on his application and EL his 9931 (4) Where an appeal is the appI"opriate Government may stay the enforcem of the order of the competent authority for such period and on such conditions as it thinks ﬁt, The competent authority, or any oﬁicer empowered in this behalf by the competent authority by general or . . . . .. for the purposes of determining whether, and if so, in what manner, an order under this _Part should be made in relation to any land or with a view to securing compliance with an order made under this P-art, exercise any of the powers referred to in sub section (3) of section 4:"

Provided that no person shall enter any land under this section-- _

(a) (unless with the consent of the occupier thereof) without giving such occupier at least--Frs7"e?it57--T11r 'hours' notice of his intention to do so, or l

(b) after sunset and before sunrise.

preferred under sub-section (1), ent (1) No order of requisitioning under this Part shall force beyond a period of ﬁve years. from the date on which possession of the requisitioned 1a»r.:.d is taken under section 41, and thereafter no further order "Ff requisition shall made in respect of the same land." ~-

(2) Where proceedings for the acquisition of the land are, before the expiry of the said period, initiated Under the proviso to sub--section (1) of section 49, the order of requisitioning may, notwithstanding anything in this section, continue in force beyond the said per:.od until--

(a) the land, is as a result of such proceedings, acquired by__a_ notice under the said sub-section, or

(b) the proceedinggjor acquisition _a1:_('1_I'0ppedLVas *=I1~=-'.ie§.=ﬂ.._aI~_r_'_c>s-e. i 'F9 (1) Wliere any land is subject to requisition, the Section 49. apgropriate Government may, if it is of opinion that it is §&'{_1%'j.D to nec;ss=sm1'y#to acquire 'thE_EILCl_ for a public PU-T1005?» at 3113" Fﬁﬁlijiﬁltmneli time acquire such land by publishing in the Oﬁcial :§f'$'m_ Gazette a notice to tlie effect that the appropriate Govern» R-A-l ment has decided to acquire the _lg_n5_i in pursuance of this section:

Provided that before issuing such notice, the ;Lp_£rg- priate Government shall call upon the owner of, or any other person who, in the opinion of the appropriate Govern~ ment, may be interested in Such land to Show cause why the land should not be acquired; and after considering the cause, if any, shown by any person interested in the latngi and after giving the parties an opportunity of being heard the appropriate Government may pass such orders as it deeﬁﬁit.

(2) When a notice as aforesaid is Piibnshed in the fS.i'(2).

Diﬁcial Gazette,--- T

(a) the requisitioned land shall, on and from the date on which theﬁrioﬁce is so published, vest absolutely in the appropriate Government free fnom all encumbrances and_"tHe period of requisi- tioning of such shall end;

ibi the n0:iss_§.I3,=;1}a f°L_§i1F1_E'1LPE$E5n°.§L1!?i.'{*§t:

be deemed to be a declaration under section 8 is_r§fi=Ei:<3i.FT1f:£:¢s13is£tié%i§?;1@---

Where j_1n_3: land siloject to requisition is ;1£!qull;E£lm_t1I1der -I'-'f<=|i9_I_1 59. s-ssties;4§;9s:srnrisi2re of this Act re.1atinsi9_.ee1uisiti°n ap'.3:?é§ii'i3io of; land shall, so farﬁ§1s__Inay be and in_st:_f_zarﬂ§ they -'1';_€I'-'i5'1'l"."1_ ere not inconsistent with tine provisions contained inﬂtbis §o,,:ﬁ::f£ Part, apply iniespect of such acquisitiqr_1,__sttbjec§_to Tsuih ENE-W1 modiﬁcations ss m_ay b_e_n_eoessa_ry, ingln_dingL_ir_i_parti£1i1ii:*, ihse__n:9w'ma=?~"

(3) references in sections 21 and 22 to the notiﬁca-

tioniunder sub-_s_e£t1'on _§_1')'5£ --§t$ti€r_r 4i'§~,iiti11'"1§é m'c_:onst.rued ashgeferences to 'g1_e_I1ugf§QE'_'Ei;1__b_1i§EgEl Ass.-=isr_§s=£i9e_%9;j-'1!d' (13) references in any provision of this Act to the ;iaF~ of taking possession by the co1iéEE;}"6t 1§T17ui__atE:115EireE1T§ii§I1T--t3;é"-éoiistrued E§?e'f§e7I£:EE'fo til'i:_e_5l'i:§it.v:-'§'2:_;l1:i_i::l1 thasaid nos;;'s._;pubush'sa':* 80 1_"ART IV---PROCEDURE TO BE FOLLOWED BY THE COURT References under seclion 12 32:33:' The court shall, __on 1'('.'C£.*i;_)1A:___(:E__&I-'c-__l'-(g{!'rl3T1E':__ b_y_r_t}_1_<_'a notice_ Collector under sub--section (3) of section 12, cause a notice IS. 20. "' ' L_A'A'I specifying the day on whichtlté c-ourt_*Kri1l proceed to determine the reference, and directing their appearance before the court on that day, to be served on the following persons, name-ly:-~

(a) the Collector; _

(b) all persons interested in the reference; . . . . ..and

(c) if the acquisition_is not made for the Central Government or any State#'GoverinnenFt1__T,t_lie person or authority for whom it is ma_d_e_._ Section 52, Resmmim (1) When a person interested has made a claim to com- on amount pensation, pursuant to a notice given under section 10, the }='c']';:'"c't"3'§:'1'5' amount awarded to him by the court shall not exceed [s. 25(1), ' the amount so claimed or be less than the amount ﬁxed by '~-M'-1 the Collector under sub-section (3) of section 12.

f',;[.?'5':27'* (2) When a person interested has refused to make such

1...A.A. claim . . . . . . . . ..thc amount awarded '.b(j.|uH}l.;111__]EP}' the court shall in no case exceed the amount fixed by the Collector.

IL_'_,&§?]}' (3) When a person interesmd has omitted for a suﬁcicnt cause establiTsli§ci_'1:o_'cT1éL?atisiac_tion of_the_coLLrt_, to make sr:-Eh claiﬁuthe amount awarded t0Tcim_5y 'l:.i'lE? court shall not be less than, and may exceed, the amount fixed by the Collector. ﬁ-- 1' pan, '- (4) When a person interested has omitted without suffi-

L-" cient cause so established to make such claim, the amount awarded to him by the court shall in no case exceed the amount fixed by the Collector.

Scction 53, (1) If the amount of compensation as determined l_;§jy_3.l'1_c %§"""§'§-' court is in efcess of the sum whichthe Collector as L.A.A.i compensation, the _i'y_1§_l_o£c_igr of the court may direct that 'the Collector shall pay interest on such cxcc-ss at the rate of five per centum per annum from the date on which he took possession of the land to the date of payment of such excess . . . . . . . . . ..

[NM] (2) Interest payable by the Collector '-Jnr,1cr_se__ciionk 14 Shall _*?1_39_?'%lF9}E§Pli:i§:t?}§:ﬁ'}T?'1Tb._;a'é1'--:--% W B1 (1) Where there are several persons interested in _t_l_1e amount of compensation, the court shall apportioﬁ_ the amount according to the interest of each such person, arui shall specify in the ﬁnal order the amount due to each.

(2) E3gli__such person shall be entitled to obtained exe- cution of the ﬁnal order to the extent of the amount due to him, without the consent or concurrence of the other gersons. ' it "'--W_k' VVhere there is no person competent to alienate the land acquired, the Collector shall', within four months from the ﬁnal order of the court, deposit in court the amount directed by the order to be paid as compensation.

Reference under section 45 The provisions of sections 51, 54 and 55 shall, so far as may be and subject to necessary modiﬁcations, apply in respect of a reference under clause (b) of sub-section (1) of section 45 as they apply in respect of a refer-eh--c7e under sub-section__(_3) of section 12_ " "

Other References Where any matter is referred to the court for decision under any provision of this Act other than sub--section (3) of section 12 or clause (b) of sub-section (1) of sec-

tion 45, the following provisions shall apply---

(a) the ofﬁcer making the reference sh_a_l_l_--_;

(i) state for __the information of the court in writing the points on which the deci_sion--of the court is sought and the views of the/oﬁl ct}-' thereon, with reasons therefor; and ' attach a summary of all material available with him which may be useful to the couij.

(ii) 'E the determination of therefereince;

(b) the court shall, on receipt of the reference, cause a notice spe_c_i1_"y_ing the-__day on which the' cﬂyt will proceed to deterrnihe the rere}enT:Ia and directing their appearance before the court on that day, to be served on the following, rErpe_1y_:;_ in---

(i) theoﬂicer mﬁng the refererrcze;

(ii) $*1"I5¥5r3°_nS3'ai9,reSted ia.:1i§},§f§Len¢9.;_..7-Ind Section 54 Apportion-

men: of compensa-

tio [S. 29.

L.A.A ] Section 55.

Deposit of amount awarded where there is no person competent to alienate {New} Section 56, References about compensa-

tion for rcqlliSiti0n-

Eng.

[New] Section 57, Procedure in other references under the let I .

[New] 82

(iii) where the reference has arisen out__of any proceeding for the acquisition of land for any person or authority, that person or authority.

General provisions Section 58, _ Form of (1) Every ﬁnal order of the court under this Act shall g'_a$6°ff]ﬁ'* be in writing signed by the Judge, and shall specify the L.A.A.] points ifor decision, and the decision thereon, together with the grounds of the decision.

[S.26[2] (2) Every such order shall be deemed to be a decree "'A""] and the statement Ems grounds of every such order "a judgment within the meaning of clause (2) of sectihh 2 and_ clause (9) of section 2, respectively, of th:C_o--doTof sonosss Em i95fj E5-ATAIIII» (3) Every such order shall also state the amount of ' ' ' costs incurred in the proceedings before the court. and by what persons and in what proportions they are to be paid.

S.2?[2], (4) When, in proceedings held on a reference made L'A'A'] by an ofﬁcer, the order of siﬁh office: is not upheld, the _ costs shall ordinaril37l3e paid by such officer, unless the court shall be of opinion that the claim of the party was so extravagant or that -he was so negligent in putting his claim before such oﬁicer that some deduction from his costs should be made or that he should pay a part of the officer's costs, . [New] (5) Where the ﬁnal order determines the amount of gcgnpellsation under section 21, the court shall, wherever practicable, state therein separately the marke_t____x[alue of the following items, namely-----

(i) land, exclusive? of things attached to theearth or permanently fastened to anything attached to the earth;

(ii) lluﬁlﬁgﬁi

(iii) structures other than buildings; (W) 'E_"§P£5J£i 53-Cti0ﬂ_ 59: (V) other items.

Execution -"-j--

of ﬁnal Every final order of the court under this Act. shall be executable as if it were a decree of the court, and the 83 pryfvigpns of the Code of Civil Procedure, Igﬂgieieﬂgg 5 °7"9'9"

to execution shalifes far'.§s_rriay hie, aPl§1.7_t(5'1"-'3 Provided that execution shall not be issued_on any gueh order against the Government or any ofrﬁ_ce-r thereof unless" it remains unsatisﬁed for a period oiilgree months _c_omputed from the date of such order.

(1)_Su1:-ject to the provisions of the Code of .C'ivi1 J§f;]::°£s9:f'r--1 Procedure, 1903,. applicable to appeals from original proceedings decrees, an appeal shall. ...lie from thiﬁnaLg£der of the?§=foJ_§e e(:a(;|.llil"et':

court in any proceedings under this Act. . . .to the court my, i,3_A_] "pat-f:ho1'i.sed to hear appeals from thVeHf("2:lECiﬁ§'i__4-hi-liﬁif the} 5051905 jzourt . . . . . .

(2) From any decree of a district court passed onﬂ 3:1 iNcwi appeal under sub-section (D an appeal shall lie to the High Court if, but only if, the aniount or vai11_e of the subject-matter in dispute in appeal exceeds two thousand rupeesior the case it:-:.v_cLlvee any question oﬂtle to leg.

(3) . . . . . .From any decree of the High Court passed 53:1-_-I;-t:.'*"' 911 an appeal under sub-section (1) an appeal shall lie to L.A..A.q' the Supreme Court subjeq; to toe provisions contained in section 110 of the Code of Civil Procedure, 1908. and 5 of 19% in Order XLV -of the First Schedule thereto, (4) Notwithstanding anyt/i31'_13g contaiyed in this sec- Eh-cw} no appeal shall lie from any 9_r_o]e_1_- (whieﬂt_h_ er a"fi--ria_l order or no.t)_j§Lssed by the court on a reference updir section 5, section"r37l:?r_tKHe~_se:~c;o_1_1§__:p1?Li§1io__'c_o _:;i._1"E'-aection i_Ij--_t1f;>'§ction 68.

court may. for the P"..E!95"~' 0f_d_e<;iv£e.g_an:~' r_e;"e:- s<=ct'm.61. reI1.ee.3=_e9eI,.i?Lie =%ct._<_1ete3;II_*_ine 3135 _q_ue_eti<>_=3,°fJitic» £'::;'""'""' questions -of title.

Every proceeding _before the __court under this Act shall mew] iake piece in open court, and all ;_3'e"1»=,-iIn'.«.~; entitled to pI'aC- Scclionﬁl, tise in any civil court in the State shall be entitled to P'°°'_°d'"€r' tabcm open appear, plead and act (as the case may be) in such pm- cm,n_[g. 33 cegdjng' L.A.A_]

- - -- - - - -- -- - - - - -The Ffovisions of the Code of Civil Pro- Section (:3.

cedure, 1908, shall, save in so far as thew; are inconsistent C°'3*°' CW"

-L-ﬁr -----~~--' ---------- ---- procedure, *_rati1_=__==1_n3*tiur1_e._:*-_<_>1=i!e111;e<i_ 2n,':£1;I,-°»_r}:=ft- aimlrr to all proceed- no am to 3185 before the court under this Act P'°¢°"3"=E3 ' before court

15. 53.

L.A.A.1 5 of 1908! Section 65, Power to obtain in-

formation.

ES. 13 R.A] 45 of 1860 Section 66.

Service of notices and rules that orders.

E35. 15 [1].

R .A./I 84 PART V--l'!lISCELLANEDUS The Collector or the competent authority, . . . . . . , . . . . . .

While holding any' inquiry or . . . . . . . . . . . proceeding under this Act, shall have all the powers of a civil court, while trying a suit, under the Code of Civil Procedure, 1908, in respect of the following matters, namely:---

(a) summoning and enforcing the attenclance of any person and examining him on oath;

(b) requiring the discovery and production of any document; a

(c) reception of evidence on affidavits;

(d) requisitioning any public record from any court or office;

(e) issuing commissions for exaxnination of wit-

nesses. ', The appropriate' Government, tl;1_e__£_c_)llector. or competent authority, or any oﬂicerﬁauthorised to perform any functions under this Act, may, with In View 'Lo carry- ing out the purposes of this Act, by order require any person to furnish such officer, as may be speciﬁed in the order, such information in his possession as may be speci- fied relating to any land which is acquired" or requisition- ed. . . . . .or intended to--be :xcqutred or requisitioned. . . . under this Act, and suclipgrsonishall be deemed to be legal- ly bound to do so within the meaning of sections 176 and 17'? of the Indian Penal Code.

(1) Subject to the provisions of this sections and any may be made under this Act, the mode of ser- vice of notices and orders issued or made under this Act shall, except as otherwise provide! in this Act, be as !9.1l°;L=_-:~

(a) . . . . .,a notice or order of a general nature on affecting a class of persons shall be published--

(i) in the Official Gazette, or in neurspiipershin the language of_ the d"st1_'jiTi_h'_l\27vl1T-rél'i "the land _c9I§;=r3=3slis situatasssi i

(ii) a_fﬁﬁi_Ii._groopi_e_s__of such notice or order in P.re3inent____.i?1esss_.._9R_ 9:i_I_1e_ar. .e,ﬁs__1snd concerned__;_ ,

(b) . . . . ..a notice or order affecting an individual corporation or ﬁrm shall be served in the man~ ner provided for the service of summons in U:

Rule 2 of Order XXIX or Rule 3 of Order XXX, as the case may be, in the First Schedule of the Code of Civil Procedure, 1903; and (C) . . . . ..a notice or order affecting an individual perso~n_'(not being a corporation or ﬁrm), s_hall be served in the manner providedfor the ser-

vice of summons by the Code of Civil Proce- dure, 1§(")'8; or by psendingdt registered post in a lettermaddressed to the person named there-~ in at his last known__ residence,__address or place- W" i (2.) Where the ownership of the _l_an_d is in dispute or Where the persons interested in the End are not readily traceable and the notice or order cannlit be served with-- out undue delay, the notice or order may be served by publishing it in the Official Gazette, and, where possible. by afﬁxing a copy thereof on any conspicuous part of the land to which it relates t i . (1) If the Collector, or the competent authority or any person authorised for the purpose by either of them, is opposed yr'/iir_nJ];$E«ii--ed_in_'Atal{ing possession under this .556:

of any land, he shall, if a Magistrate, enforce the sur- render of the land to himself_ and if not a Magistrate, he shall apply to a Magistrate or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police, and such Magistrate or Commissioner (as the case may be) shall enforce the surrender of the land to the Collector, or competent authority or such person, as the gag? may be.' _s,,,____,_...___.._.. M,s.,,,_s_s___i___-._ , s__-_-._.___ (2) The power conferred by this section is in addition to and not in dérosaéisasﬁifiietgssféxréd bYsSP_1?'§"?FFi'§3 €2L9f 5'*¢'-.i'"_?___'i_1-

{1} The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building; shall be acquired:

Provided that the owner may, at any time before Steps for the ﬁxation of compensation for the acquisition are taken, by notice in vvriting, withdraw or modify his expressed desire that the whole of such house, manu- factory or building shall be so acquired:

5 (if i908 5 of 1903.

[S. 15(2),.

R.A.] Section 6.7 Magistrate to enforce surrender.

[S. 47.

L.A.A.] Section 68, Acquisition of part of house or building.

[S. 49 L.A.!\.I Section 69, "Exemption from stamp duty and fees, {S. 51.

LJt.A.] Section 70 Protection of compen-

-ution.

{New} 36 Provided also that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the court and shall not take possession of such land until after the question has been determined.

In deciding on such a reference the court Shai.l have regard to the question whether the land proposed. to be taken is reasonably required for the full and unimpaired use of the house, masnufactory or building.

(2) If, in the case of any claim under clagseﬂthiﬂ of sub-section (Ii) of sectioxlﬂ, by a person interested,'on the severing of the land to be acquired from account of his other land, the appropriate Government is of opinion that the claim is unreasonable or excessive, it may, at any time before steps for the ﬁxati<£1_,_oL;he compensation order the acquisition of the f_or__the acquisition are taken, __ ____ whole of the land of which the land first sought to be acquired forms a part.

(3) In the case . . . . ..provided ior ii-L sub-sﬁtion (Q no fresh declaration or other proceedingsjhder sehtions 3 to 11 (both inclusive), shall be necessary; but the Col- lector, shall, without delay, furnish a copy of the order of the appropriate Government to the person interested, and the Collector, shall thereafter proceed to ﬁx the com-

pensation under section 12, No order or agreement made under this Act shall he chargea'mT with stamp duty, and no person claiming under any such qr-d_e3 or agreement shall be liable to pay any fee for a copy of the same-

Where any co-_rn_p_ensation is awarded or axfgardable unde?th'is__Act in respec_t_of the aE&quis;i£ao'ﬁ"6£ any land ivhich is not liable under the law 'io'£'iHe tifiemlieingihi force to attachment' or sale m"'é§éEiiaon'6£i"a?1e'éFée7ar drderitif any civil court, then the following provisions @ise1>..1ir'-_:

(a) such compensation, before or after it is actually paid t_o the person__entitled to receive _tl-..e same.

shall be exempt from seizure orpattachment by process of any court"

ﬁi -1'+__t_t!e izeiance of alszseiter. for ans: d_ee_and against a person entitled toﬂsuch compensa- H353?

(ii) in satisfaction of a decr-ee or_order of any courii zE1_d

(b) notwithstanding anything to the contrary;

any law for the time being in force, neither the oiﬁcial assignee nor the oiﬁcial receiver appoint- ed under any law relating to insolvency shall be entitled to proceed against or to have any 9_1.ei3E1;si,se9£i _e9:erem.aPi9e:i In any proceeding under this Act, a certiﬁed copy of a registered document (including a copy givenudider sec- tion-57 of the Indian Reigistration Act, 1908) may he accepted as evidence of the transaction recorded in the document, without_ necessity 'E-it "p?o--clW;i_c>T1"or_ proofv of the angina}.

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything . . . . ..in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

Subject to the other provisions of_t_l_1is Act no suit or other legal proceeding shall lie against the appropriate Government, the Qnoilley or the competent aut1'n3¢t"3r--for any damage caused or likely to be caused by anything which is i-n good faith done or intended to be done in pursuance of this Act or any order made thereunder.

. . . . ..Nothing contained in this Act shall affect the liability of any person, who may redeivefor tiithdratv the Whole or any part of any compensation paid fol-ﬁgeposited under this Act, to pay the same to the person lawfully entitled thereto.

Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the_ap_p_r_op_riate Government, the competent autho-

rity __or the Collector is empowered by or under this Act to determine . . . . . . . .

1 or. section 523. as inserted by the Lard Acquisition (Punjab Amend- rriem) Act. 1943. « Section 71.

Proof by certiﬁed copies [New] 16 of 1908 Section 72, Protection of action taken in good faith.

(S. I8. R.A.] Section 73 Liability of person re-

ceiving com-

pcnsatioii not affected.

[S. 31(2).

3rd Prov.

L.A.A.] Section 74.

Bar of Juris-

diction of Civil courts [S. 19 R.A.] 38 335130" 75- The competent authority, and every officer empowered 33533;: d,,_ by the appropriate Government, the Collector or the ﬁlabfc gr?" competeiituhautiiwority, while exercising any power or per- vants. forming any duty under this Act, shall be deemed to be a is-21-R-A-1 public servant within the meaning 01 section 21 of the r .

45 U 1860 Indian i\ena1 Code.

Scc:ion_ 76, (1) The Central Government may, by notiﬁcation in {'3f'1J°§f'v'E',f;" the Official Gazette, direct that the powers exercisable by by Govem- it under Part III shall, in such circumstances and under such conditions, if any, as may be speciﬁed in the notiﬁca-

Hlﬁﬂt.

s. 17 , _ [RA] (1) tion, be exercisable also by an oiﬁcer subordinate to that Government or by the State Government or by an officer s_~141a:92"91iz1=aiteat_cL'5I3e_a§fc_«f=}£e G0v2eai¢at-

[NEW] (2) The State Government may, by notiﬁcation in the Qfiicial Gazette, that the powers exercisable by it under Part III shallrinwsuch circumstances and under such conditions, if any, as may he7spe_v:3i1ied__i_11il_1_g_no_t_i§icatE§i', be emciealzle also lay, an...._ 9f'§i9_<:r__e_1_12§L1'9éa=Lte,_ in tho Geveraraent-a [Sii_,a1,,7](3)' (3) All notiﬁcations issued under this sectionmlgyi _tJ1_1_e Central Govermnent or by the State Governgrit shall be larid, as séﬁii as may be, before Parliii1'§1e1"1t_ or befrirapthe State Legislature, as the____c_ase maywbwe;

Egg; gas; Whoever . . . . ..wi1fully ﬁlls up, destroys, damages or destroying displaces any trench or mark made under section =1 shall }'s'*"'_,'I','S"-"9 913- . . . , . .be punishable with imprisonment Afp_I_m _a____t§ '_ which may _Eq_E!_I1C_l___t»_()_'_§_i§_'1'Iﬁ1'Ol1ti'1S or . . . . ..ﬁne which may eftendiitoiﬁve hundred rupees, or . . . . . . . .both.

Whoever contravenes any provision of this Act, or 530,50" --;3_ any rule made thereunder, or any order made or direc- Penalty for tion given under this Act, or obstructs the lawful exercise KE':a£2"o?fof any power conferred by or under this Act, shall be pbstructipn punishable with i_1npr_is_g1_nent for a term which may 3:-p:,';,°;::_'° extend to six months, or fine which may extend In ﬁve Is. 20. R.A.] hundred ru ees, or both.

Section 79, No court shall take cognizance of an _o§erice__ uncle-r_ s__eg~ Efggfjgf tion 7'? or 78 except on a report in writing of the fac:§;_oori-- stituting such offence made by an oﬁicer authorised in this {New} behalf by the appropriate Government.

(I) The Central Government may, by notiﬁca_t._i_on in. the Oﬁicial Gazette, make rules consistent with this Act. for ca.rry'ing out the purposes of this Act and for the gui-

dance of ofﬁcers in all matters connected with its enforce- ment . . . . ..

(2) In particular, and without prejudice to the genera- lity of the foregoing power, such rules may provide for all or any of the following matters, namely: --

(a) the procedure to be followed by the Collector or by the competent authority in pI§c_:§e:lings «ii iﬁquiries under this A55 M' "

II I! 3 9' * * '3'

(b) the manner of Service of notices and orders;

(<2) tlgg-_n1anner in which a tender may lgejpade 193' tl_ug_ Collector under sedfilalrf-1~3;""_--

(:1) any other matter which has to be, or may be, prescribed.

(3) The power to make . . . _ ..rules under subsection (1) shall be subject to the condition of the rules being made . . . . ..after previous publication.

(4) All rules made under the provisions of this Act shall be laid, as soon as may be, before Parliament.

Repeal and savingsi Not Draflcd.

Seciiun BE}.

Power to make rules _[s. 22 (3).

.Et.A.f Section 3!.

[New] _ TABLE A APPENDIX II Showing the provisions in the existing Acts and the cor- responding provisions, any, contained in the pro-

posals in Appendix I. Existing provision Land Ar.'quisin'on Act.

&ction 1 .

Section 2 (repealed) Section 3 .

Clause (:2) .

Clause (b) .

Clause (tr) .

Clause ((1) .

Clause (e) .

Clause (ee) .

Clause (f) .

Clause (5') .

Section 4(1) Section 4(2) Section 5 . . .

Section 5A(l) . .

Section SA(2), earlier part Section SA(2), latter part Section 5A(3) . .

Section 6(1). main para, part Scction 6(1), Prov.

Scction 6(2) Section 6(3) Section 7 Section 8 Scctinn 9(1) Section 9(2), part Section 9(2), part .'§ection 9(3) Section 9(4) Section 10 Ssctimi 1! Corresponding provisions, 90 if any, in Appendix 1.

Section I Scction 2(3) Section 2(j) Section 2(b) Section 2()') Section 2(c), part Section 2(0) Section 2071) Section 3 Section 4(1) Section 4(3) Section 5 Section 6(1) Section 6(2) Section 7 Omitted Section 8(1) Omitted Section 3(3), part Omitted Section 8(4), earlier part SCCfi0J'l 8(2) Section 10(1) Section 10(2) Section 10(3) Section 10(4) Section 10(5) Section 11 Section 12(1) '1 Section 12 Section 13 Section 14 Scction 15 Section 16, ecirlier 1:)a.rt Section 16, latter part Section 17(1) Section 17(2), main paIa,))an .

Section 17(2), main para, part Section 11(2), Prov.

Section 17(3) Section 17(4) Section 18 Section 19 Section 20 Section 21 Section 22 Section 23 Section 24 .

Section 25(1) Section 25(2), pan Section 25(2), part .

Section 25(3) Section 26(1) action 26(2) Section 27(1) Section 21(2) Section 28 Section 29 Section 30 Section 31(1) Section 31(2), main para .

Section 31(2), 1st Prov.

Section 31(2) 2nd Prov.

Section 31(2), 3111 Prov. .

ection 31(3) Section 31(4) .

Section 32(1) .

Swtion 32(2) .

Slction 33 Section 34 Section 35 Section 36 Section 37 Section 33(1) -

Section 38(2) Suction 38-A Section 39 Section 40(1) LlLaw,'6'I----7 91 Omitted Omitted Omitted (See section 12, RA.) Section 12(4) Section 8(4), later part Section 9(1) Omitted Section 32(1) main para, opening lines Sections 32(1), main para, Clause (:2) and last portion.

Section 32(1), Prov.

Section 34 Omitted Omitted Section 20 Section 41 Omitted Section 62 Section 21 Section 22 Section 52(1) Section 52(2) Section 52(4) Section 52(3) Section 58(1) Section 58(2) Section 58(3) Section 58(4) Section 53(1) Section 54 Omitted Section 13(1) Section 13(2) Omitted Omitted Section 73 Section 17(1) Section 17(2) Section 23(1) Section 23(3) Section 24(1) Section 14 Omitted Omitted Omitted Section 4(4) Omitted Section 2(c), part Section 25 Section 26(1), part Scction 40(2) Section 40(3) _ Section 41 Section 42 Section 43 Scctioat 44 Section 45 Section 46 Sgction 47 Section 43 Section 49 Section 50 Section 5] Section 52 Section 53 . .

Section 54. earlier half Section 54, latter half Section 55(1) .

Scciion 55(2) .

Section 55(3) .

Section I S:ctiun'2 Ciausc (a) .

Clause (b) .

Clause (c) .

Ciausc (d).

Clause (2) .

Ciausc (f) .

Clause (g) .

Ciausc (It) .

Section 3 Section 4 Section 5 Section 6 Section 70) Section 7(2) Ssctiun 8(1) Scction 8(2) Section 8(3) Section 9 Section 10 Section II Section 12 Section 13 Section I4 .

Section 15(1) .

Sectioii 26(1), part Section 26(2) Section 27 Section 28 Section 29 Omitted Omitted (Sec 5. 15 R.A.} Section 77 Scctiou 67 Section 37 Section 68 Section 36 Section 69 Omitted Section 63 Section 60(1) Section 60(3) Section 80(1), part Section 80(3) Omitted Requisitioizing Act Omitted (Sec S.l.L.A.A.) Omitted Section 2(5) Section 2Ur) Omitted [See S. 2([)}, L.A.A.A| Section 20E) Section 20') Omitted Section 20:) Section 40 Suction 4! Section 42 Section 43 Section 49(1) Section 49(2) Section 4S(!) Section 45(2) Omitted Omitted Section 46 Omitted Section 64 Section 65 Section 47 , Section 66(1)-

Section 16(2) .

Section 16 Section 17(1) Section 17(2) .

Section 18 Section 19 Section 20 Section 2! Sectfon 22(1) Section 22(2) .

Section 22(3) .

Scction 23 Suction 24 Section 25 Section 66(2) Suction 44 Section 76(1) Section 76(3) Section 72 Section 14 Section 78 Section 1'5 Section 80 (E), part Section 80(2) Section SW4) Omitted Omitted Omitted Tnnu. B Showing the provisions in the proposals in Appendix I and the corresponding provisions, ifauy, in the existing Acts.

Scctlon 1 . . . .

Section 2(0) (-5) -

(¢=).part (cl. part

-(c), part (4')

(e)

(f)

(e) (1!) (4') (1) . . . . .

{It} . . . . .

(I) . . . . .

(m) . . . . .

(:1) . . . . .

Section 3 . . . .

Section 4(1) (2) (3) (4) . . .

(5) . . .

Section 5 .

Scction 6(1) (2) . . . . .

(3) . . . . .

Section 7 . . . .

Section 8(1) . - - -

(2) . . . . .

(3). part - - -

(3), Part - - v Section 8(4), earlier Part « (4), latter part . . .

(5) . . . . .

(5) _ , , . .

Saction 9(1) . .

(2) . .

Section 10(1) . .

(2) . . . -

(3) . . . . .

Section 1, l..A.A. Section 3(ee). L.A.A. Section 3(2), L.A.A. Section 3(9), L.A.A. Section 38-A, L.A.A. New Section 205), RA.

New Section 3(a'), L.A.A. Section 3(a), L.A.A. Section 2{c), ILA.

New Section 395), L.A.A. Section 2(e), R.A. Section 2(f), R.A. Section 3(1). L.A.A. Section 203), R.A. Section 3(g), L.A.A. Section 4(1), L.A.A. New Section 4(2), L.A.A. Section 33(1), L.A.A. New Section 5, L.A.A. Section 5A(l). L.A.A. Section 521(2), earlier part, L,A.A_ New Scction 5A(2), latter part, L.A.A. Section 6(1), main para, pair, L.A.A. Section 8, L.A.A. Section 6(1), main para, part, L.A.A. Section 6(2), L.A.A. Section 7, L.A.A. Section 16, earlier part, L.A.A. New New Section 16, latter part, L.A.A. New Section 9(1), L.A.A. Section 9(2). part L.A.A. Section 9(2), part, L,A.A. (4) (5) .

Section 11 Section 12(1) .

Section 12(2) .

(J) . .

(4) . .

section 13(1) .

Scction 13(2)-

Sectiim 14- Sectinn 15 Section 16 Section 1?(1) Section 17(2) Section 13 Section 19 Sc'.Cii.0l'l 20 Section 21 Section 22 Section 23(1) {2} (3) Section 24(1) Section 24(2) Section 25 Section 26(1), part Saction 26(1), part .

Semion 26(1) Section 27 .

Section 28 Section 2.9 St':C-li[.'rTl 3'0 Section 31 . . . . .

S--.~ction 32(1) main para, opening lines Section 32(1), main part, C1. (:3) and last Section Dﬂrtion.

Sucti-an 32(l), main para, Cl. (cf). ScL:t.i0I'!. 32(1), Prov.

Section 32(2) Scctiou 32(3) Scctiuiz '53 S;:L:1iurl 34 Scction. 3:3 . . . . .

S-xtiun 36 . . . . .

Suction 37 . . . . -

Section 38 Section 39' . .

Suction 4-U . .r Soction 41 . .

Section 42 95 Section 9(3), L.A.A. Section 9(4), L.A.A. Sn:ction. 10, L.A.A. Section 11, L.A.A. New New Section 15. L.A.A. Section 31(1), .L.A.A. Section 31(2), main para, L.A.A.r Ssction I-4, L.A.A. New New Section 31(3), LA.A. Section 31(4), L.A.A. New New Scc1iunI9, L.A.A. Section 23. L.A.A.A. Station 24, L.A.A. Section 32(1), L.A.A. New Section 32(2), L.A.A. Section 33. L.A.A. New Section 39, L,A.A. Section -10(l), L.A.A. Section 49(2). L.A.A. Section 40(3), L.A.A. Section -11. L.A.A. Section 42. L.A.A. Section 43, L.A.A. New Nrw Section 17(2). main para, part, L.A.A, LJAA.

n1;u'n part, 17(2).

New Section 170.), Prev. L.A.A' New New New Sﬁclion 11(2), Prov. L.P..A. New Section 50, L.A.A. Section 48, L..»*-..A. New New Section 3, HA.

Section 4, RA.

Section 5, FLA.

Section 43 Section 44 Section 45(1) Section 45(2) Section 46 Section 47' Section 48 Section 49(1) (2) -

Section 50 Section 51 Suction 52(1) (2) (3) (4) . .

Section 53(1) Section 53(2) Section 54 Section 55 Section 56 Section 57 .

Section 58(1) (2) (3) (4) (5) Section 59 (2) ( 3) (4) .

Section 61 Section 62 Section 63 Section 64 Scction 65 Section 66(1) (2) Suction 6'1 Scction 68 Section 69 Section 70 Section '71 Section 72 Section 73 Section 74 Section 75 .

Section 76(1) (2) (3) Section 60(1) I 96 Section 6, RA.

Section 16, R.A. Section 3(1), RA.

Section 8(2). R.A. Section 10. RA.

Scction14._ R.A. New Section 7(1), R.A. Section 7(2). R./\.

New Section 20. L.A.A. Section 25(1). L.A.A. Section 25(2). part. L.A.A. Section 25(3). J..A.A. Section 25(2). part. L.A..I\.

Section 28, 1 ..-'\.A. New Section 29. E..A.A. New New New Section 26(1). L.A.A. Section 26(2) I..A.A. Section 27(1). 1_.A.A_ Section 27(2). 1..;\,A. New New Section 5-1. t.';tt'lit:l'1l:.11f, L.i't.J'-t. New Section 54. latter half, 1_,.A.!\. New New Section 22, L.A.A. Suction 53, L.A.A. Section 12, RA.

Section 13, R.A. Section 15(1), R.A. Section 15(2), RA.

Section 47. L.A.A. Scction 59. I..A_A.

Section 51. L.A.A. New New Section 18, RA.

Section 31(2), 3rd Prov., L A.A. Section 19, RA.

Section 21, RA.

Scction17(1). R.A. New Section 17(2), R.A. Section 77 Section 78 Section 79 p Section 30(1), Dart .

(I) part (2) (3) (4) -

Section 31 4 97 Section 46, L.A.A. Section EU, R.A. New Suction 55(1), L.A.A. Section 22(1), R.A. Section 22(2), RA.

Section 55(2), LA.A. Sccliun 22(3), 33.41.

New APPENDIX III State Land Acquisition Ameirding Acts Assam . . .

Bengal . . . . .

Bihar Bombay . .

Madhya Pradesh (Central Provinces).

Madras Punjab . . . .

Uttar Pradcsh (United Provinces) PART I--L1ST OF ACTS.

SECTION I.-»P.u2-r A Suns The Assam Land Acquisition (Dibrugmh) Act, 1953 (Assam Act XXIII of 1953).

The Land Acquisition (Bengal Arncnclmcnt) I934 (Bengal Act II of 1934).

The Land Acquisition (Bihar 1951 (Bihar Act XVII of 1951).

The Land Acquisition (Bihair Amcndmcnt) Act, 1956 (Bihar Act XXI of 1956).

The Land Acquisition (Bil-tar Second Amcndmcni) Act, 1956 (Bihar Act XXXIV of 1956).

The Land Acquisition' (Bombay Amcndmciii) Act, 1938 (XVIII of 1938).

The Land Acquisition (Bornbuy Amendment) Act, 1945 (XX of 1945).

The Land Acquisition (Bombay Amendment) Act, 1948 (IV of 1948).

The Land Acquisition (Bombay Amendment) Act, 1950 (XXVII of 1950).

The Land Acquisition (Bombay Amendment) Act, 1953 (XXXV of 1953).

C.P. and Berar Land Acquisition (Amcndmcnt) Act, 1939 (XXVII of 1939).

C.P. and Bcrar Land Acquisition (Amendment) Act, 1949 (VII of 1949).

C.P. and Berar Land Acquisition (Second Amendment) Act, 1949 (XXVIII of 1949).

The Land Acquisition {Madras 1948 (XXI of 1948).

The Land Acquisition {Madras I953 (XII of 1953).

Land Acquisition (East Punjab Amendment) Act, 1948 (XV of 194-3).

The Land Acquisition 1954 (XXII of 1954).

Act.

Amcndnicnt) Act _, Amend ment) Act, Amend mcnt) Act, IU. P. Amundntt-nt) Act, Sncnon II.----PART B STATES PE:-su Rajustha n . . .

Saurashtra The Pepsu Land Acqui.~;itic-n Act, 1953 (V of 1953).

The Rajztstlmn (XXIV of 1953).

The Land Acquisition Act, 1984 (Adaptation and Application) Ordinance, 1948 (XXI cf 1948) as amended by Saurasthtrn Act XLIII of 1953.

Land Acquisition' Act, 1953 98 99 SECTION III.---PART C STATES Resettlement of Dispiaccd Persons (Land Acquisition) Act, 1948 (LX of 1948) Central Act (Amended by A.L.O. I950).

(Applies to Delhi and Ajmcr) SECTION lV--~NA'I'l\'I-L STATES Cochin . . . . . The Land Acquisition Act, 1070 (II of 1070) as amended by Acts IV of 1074, I of 1109, I of 1111, XXX of 1112, and proclamation V of 1112.

Hyderabad . . . . The Hyderabad Land Acquisition Act, 1309 F (IX of 1309 Fasii) (1899).

The Hyderabad Land Acquisition (Amendment) Regulation 1358 F (LIX of 1358 Fasii) (1948).

My.-mrc . . . . . The Mysore Land Acquisition Act, 1894 (VII of 1894), as amended by Acts XI of 1916, I of 1927, VII of 1932, III of 1941.

Travancorc . . . . The Land Acquisition Act, 1089 (X1 of 1089), 2-.» amended by Acts V of 1096, I of 1099.

PART II---BRlEF SUMMARY OF THE ACTS. SECTION I.--- Paar A STATES (Bnsoan 131- NOVEMBER, 1956).

The Assam Land Acquisition (Dibrugarh) Act, 1953 (XXIII of 1953) The Assam Act (XXIII of 19:33) provides for the speedy acquisition of Land for the construction of suitable works to protect the Dibrugarh sub--division from ﬂoods. After notiﬁcation in the gazette and also service of notice, the collector shall proceed to take possession. Regarding compensation, it may be divided into two:

Firstly, for land excluding buildings_ etc, the amount is not to- exceed 20 times the annual land revenue. In the determination of the same, the following factors shall be taken into consideration :~

(i) value of land at the date of acquisition;

(ii) likelihood of a possible soil erosion prejudicially affecting the Value;

(iii) damage sustained by reason of the taking of the standing crops or trees at the time of taking possession.

Secondly, for building or structure, a sum equal to the sale proceeds of the material plus 15 per cent thereof shall he the compensation. (The owner may take awagr the material, if he so chooses, in lieu ot the compensation).

Within seven days from the making of the award by the Collector, the person aggrieved may require the Col- lector, to refer the matter for the determination of the Court. .

The Land Acquisition (Bengal, Amendment} Act, 1934 (II of 1934) The Bengal Act (II of 1934) amends the Land Acquisi- tion Act, 1394 only to the extent of redeﬁning the expres- sion "Court" by the substitution of the following provision for clause (d) of section 3 of the Land Acquisition Act, 1894:

"((1) the expression 'Court' means a principal Civil Court of original jurisdiction, and includes I00 lU1 the Court of any Additional Judge, Subordinate Judge or Munsif whom the Provincial Govern- ment may appoint, by name or by virtue of his office, to perform, concurrently with any such principal Civil Court, all or any bf the ' functions of the Court under this Act witihin any speciﬁed local limits and, in the case of a Munsif, up to the limits of the pecuniary jurisdiction with which he is vested under sec- tion 19 of the Bengal, Agra and Assam Civil Courts Act, 1887".

The Land Acquisition (Bihar Amendment) Act, 1951 (XVII of 1951) as amended by Acts XXI of 1956 and XXXIV of 1956 The Bihar Act (XVII of 1951) amends sections 17 and 35 by adding the following proviso to sub-section (1) of the said sections.

"E:c;oLana.tion.-----This sub-section shall apply to any waste or arable -land, notwithstanding the existence thereon forest, orchard or trees or temporary structure such as huts, pandals or sheds".

Further under subsection (1) of section 17, power is given to take possession on the expiration of fifteen days from the publication o-f the declaration under Sec. 6 instead of the notice mentioned in section 9(1). As a consequen- tial change, in sub-section (2) also, the reference would be to 'declaration' and not 'notice'.

No'rE.--In effecting the amendment in sub~scction (1) of section 17 stated above, it is laid down as follows:

(1) in sub--section (1) for the words, brackets and ﬁgure-s "notice mentioned in clause 9, sub-sec-

tion (1)", the words and ﬁgures "declaration mentioned in section 5" shall be substituted; (Bihar Code, Vol. IV First Edition 1955; p. 823).

It may be pointed out that in sub-section (1) of section 1'7, the group of words sought to be replaced are "notice mentioned in section 9, sub--section 1". It may be a clerical or drafting error, as the same is found in the Bihar Gazette (6th June, 1951) also.

102

The Bihar Act (XXI of 1956) effects the _ following changes in the Land Acquisition Act, 1894:

The taking possession of any waste or arable land. is made possible even after the stage of notiﬁcation under section at with the consent of the person interested or after the direction mentioned in the newly inserted sub-section (5). Similar provision is made in section 17(2) also.

This has been done by the insertion of the following pro- vision in subsections (1) and (2) of section 1?:

"declaration mentioned in section 6 or, with the consent in writing of the person interested, the publication of the notiﬁcation under section 4, or, where a direction has been made under sub- section (5), at any time after such direction is made".

Subsection {4} is modiﬁed in such a manner that in case of land to which subsections (1) and (2) apply, sec- tion EA shall not apply if the State Government so directs or if possession has been taken with the consent of the person interested. The following is substitlgted for the existing sub-section.

"(4) In the case of any land to which, -in the opinion of the appropriate Government the provisions of sub-section (1) or sub-section (2) are applica-

ble, the provisions of section 5A shall not apply where the State Government so directs or where possession of the land has been taken with the consent of the person interested;"

A new sub-section (5) is aiso introduced:

"(5) Where the description of any particular land, which in the opinion of the appropriate Gov-

ernment is needed for any public purposes or for a company and to which the provisions of subsection (1) or sub-section (2) are applica- ble, is available, it may direct that the provi- sions of section 4 shall not apply to the land."

Section 34 dealing with the payment of interest is rc- plscecl by the following new section:

"345 Payment of interest------(1) When the amount of such compensation is not paid or deposited on 103 or before taking possession of the land, the Col- lector shall pay or deposit interest thereon at the rate of sis: per centum per annum from the time of so taking possession until the amount shall have been paid or deposited.

(2) Such interest shall be paid or deposited on or before the 30th June, every year; and when the amount of compensation is paid or deposited, any interest that may have fallen due suhse--

quently shall be paid or deposited along with such amount;

Provided that, in the case of acquisition of 'any cultivable land, the Collector shall pay or deposit, in lieu of interest, the money value of the crops, if any, which would have been grown on the land, if the Collector had not taken possession thereof, after deducting therefrom the cost of cultivation.

(3) In determining the money value of the crops which would have been grown on the land referred to in the proviso to sub-section (2), the Collector shall take into consideration the crops grown on the lands of similar class and with similar advantages in the vicinity and the market value of such crops".

Regarding temporary occupation under section 35(1), the following proviso to section 35(1) enables the Collec-

tor to act even without any direction from the appropriate. Government :

"Provided that, whenever it appearg to the Col- lector that, on account of apprehended damage to life or property by erosion, the temyorary occupation and use of such land are urgently needed for the purpose of rehabilitating displac- ed persons or needed by any Railway Adminis- tration for the maintenance of their traiﬁc or for the purpose of making thereon a river--side or ghat station, or of providing connection with or access to any such station. the Collector may, without any direction of the appropriate Govern- ment procure the occupation and use of the same for such term as he shall think ﬁt, not exceeding 104 three years from the commencement of such _ occupation."

The Bihar Act (XXXIV of 1956) eﬁfects the following changes in the Land Acquisition Act, 1394. In the deﬁnition section, the following proviso is added to clause {c} deﬁning the expression "Collector".

"P_rovided' that for purposes of sections, 4, 5A and 6, the expression "Collector" shall mean the ("Collector or Additional Collector of a District or a'Deputy Commissioner or Additional Deputy Commissioner".

Again, in clause (f) of the deﬁnition section, 'public purpose' is deﬁned so as to include provision for sanitary improvements, the laying out of village 'sites or 'townships etc. The substituted clause reads thus:

(ii) for clause (f), the following clause shall be "substituted, namely :----

"(f) the expression "public purpose" includes provision for or in connection with----

(i) sanitary improvements of any kind, in-

cluding reclamation;

(ii) the laying out of village sites or town- ships, or the extension, planned develop ment or improvement of existing village sites or townships; and"

In sections 4, 38, 39 and 40 the power conferred upon the appropriate government has been conferred upon the Collector also by virtue of this amendment.

The amendment lays down that the preliminary notiﬁ- cation in section 4(1) shall be published "in the ofﬁceg of the Collector, Sub-divisional Oﬂ-lcer_ the village in which the land is situated and in the office of the Gram -'Pan- chayat, if any, constituted under the Bihar Panchayat Raj Act, 194'? {Bihar Act VII of 1948), and the police-station within whose jurisdiction the village lies and also in Ofﬁcial Gazette".-

In section (SA) dealing with the hearing of objections, subsection (2) is substituted by the following subsections:

"{2} Every objection under sub-section (1) shall be made in writing to the Collector who shall give the objector an opportunity of being heard 105 either in person or by pleader and shall, after hearing all such objections and making such further inquiry, if any, as he thinks necessary, decide the objections.

Provided that the appropriate Government' may, either of its own motion or on the application of any person interested in the land, call for the record of the proceedings held by the Collector and pass such order as it may think fit.

(2A) The decision of the Collector under sub--section (2) shall, subject to any order of the appropriate Government, be final."

Again, in the declaration section (i.e. section 6 of the Land Acquisition Act, 189-4)_ sub--section (1) is substituted by the following sub-section:

"(1) Subject to the provisions of Part VII of this Act, where the appropriate Government is satis-

ﬁed after considering the Collector's report, if any, under the proviso to sub-section (2) of section 5A, or the Collector is satisfied after hearing the objections, if any, under section 5A, that any particular land is needed for a. public purpose, or for a company, a declaration shall be made by the appropriate Government or the Collector as the case may be, to that effect in writing:

Provided that no such" declaration shall be made unless the compensation to be awarded for such property is to be paid by a company, or wholly or partly out of the Consolidated Fund of the» State or some fund controlled or managed by a.

local authority".

After the existing section 12, a new section 12A pro- viding for the correction of the award has been inserted by the amending Act (XXXIV of 1956):

"12A. Correction of award---(1) The Collector may, at any time but not later than six months from the date of the i1ward_ or where a reference has been made under section 18, before the making-

of such reference, correct any clerical or arith- metical mistakes in the award either on his own 106 motion or on the application of any person interested.

(2) The Collector shall give immediate notice of any correction made in the award to all persons interested.

(3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), such person shall be liable to refund the excess, and if he defaults or refuses to pay, the same may be realised as an arrear of land revenue."

The power given in section 17(1) is extended to any land other than waste or arable land, if acquired for sanitary impro-vements by means of a new sub-section (1A):

''(1A) The power to take possession under sub- section (1) may also be exercised in the case of any land, other than waste or arable land, where the land is acquired for or in connection with sanitary improvements of any kind or planned development."

Section 39, amended as indicated earlier, is renumbered as sub-section (1) thereof and the following new sub- section is added:

"(2) In cases of acquisition of land for societies registered under the Societies Registration Act, 1860 (XXI of 1860), sub-section (1) shall have effect as if for the words_ ﬁgures and brackets 'sections 6 to 37 (both inclusive)', the words and ﬁgures 'section 6 and 7' were substituted."

The Land Acquisition (Bombay Amendment) Act, 1938 (XVIII of 1938) as amended by Acts XX of 1945, IV of 1948, XXVII of 1950 and XXXV 03° 1953 The Bombay Act (XVIII of 1938) amends sections 28 and 34 of the Land Acquisition Act, 1894 by reducing the rate of interest payable on compensation from six per cen- tum per annum to four per centum.

The Bombay Act (XX of 1945) amends the Land Acqui- sition Act, 1894 by the insertion of a new Part I-A enabling an officer of the Government to do all the things con- templated in Section -1(2) even before the notiﬁcation 107 under section 4 and the payment of compensation for any damage done as provided in section 5 of the Land Acquisi- tion Act, 1894. Also consequential changes are made in sections 45 and 46 dealing with service of notice and penalty in case of wilful obstruction.

The Bombay Act (IV of 1948) is intended to be in force only for a period of ten years. It brings within the scope of the Land Acquisition Act, 1894 the acquisition of land for the purpose of housing schemes. In sections 11 and 23(1) ﬁrstly, this amendment provides for the addition of "at the relevant date" after date of notiﬁcation under s.4(1). The important change, however, is the omission of the 15% solatium provision in 5.23 (2). Further, it expressly states that s.23 shall not apply to any building.

The Bombay Act (XXVII of 1950) provides for the inclusion of a new clause after clause (a) of section 3 to the effect that "arable land" includes garden land.

The Bombay Act XJCXV of 1953 amends the Land Acquisition Act, 1894. The following are the more important changes:

It provides that the expression "Court" shall include the Court of Civil Judge (Senior Division) to which the princi- pal Civil Court may transfer any proceedings under the Act. In the deﬁnition of 'Public purpose' it provides for the acquisition of land for purposes of the development of areas from public revenues etc., and the subsequent dis- posal thereof by lease, assignment or sale with a view to securing further development.

It also provides that the Collector shall not make the award under section 11 without the prior approval of the State Government or any officer' which the State Govern- ment may appoint in this behalf. It also adds a new section 12A which would enable the correction of clerical or arithmetical error in an award within a period of six months by the Collector either on his own initiative or on an application from the person interested. Also it seeks to enable the Collector to recover any overpayment made by him as if it. were an arrear of ].and revenue. A new section 15A is added which empowers the State Govern- ment, before an award is made by the Collector under section 1], to call for and examine the record of any order passed by the Collector or of any enquiry or pro- L1. Law,/67-8 103 ceedings of the Collector for the purpose of satisfying itself about the legality of the order or the regularity of the proceedings. It may even annul or reverse the order, if necessary.

In section 17 dealing with cases of urgency, an addition has been made to cover damage to roads, rivers, channels or tanks by some unforeseen events. In the Part dealing with the temporary occupation of land_ three new sub-

sections are added after sub-section (1) of section 35. This would enable the State Government, before issuing a direction under sub-section (1) to require the Collector to submit a plan of the land and also an estimate of the compensation payable. The Collector then shall cause public notice of the substance of such requisition. There- upon any officer authorised by the Collector may exercise the powers conferred under section 4(2). Such officer shall pay compensation at -the time of his entry for all damage to be done and the decision of the Collector on this point shall be ﬁnal.

CF. and Berar Land Acquisition (Amendment) Act, 1939 (XXVII of 1939) as amended by Acts VII of 1949 and XXVIII of 1949 The (LP. and Berar Act (XXVII of 1939) modiﬁes sections 28 and 34 of the LA -Act by providing that the rate of interest payable under these sections shall not be less than 3 per centum and more than 6 per centum. Thus it allows any interest between '3 and 6 per centum.

The (1.13. and Berar Act (VII of 1949) provides for an exception tothe expression "Court" deﬁned in section 3(d) of the Land Acquisition Act, 1894 by the- insertion of a new sub-section (3) in section 18 of the Land Acquisi~ tion Act, 1894 as follows:

"Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the Collector were a Court, subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure, 1908".

No:-r.:_--l't may be pertinent to point out that it would sufﬁce if the insertion of sub--section (3) in section 199 'la has been suggested without any need to insert the words "except in sub-section (3) of section 18" after the word "Court" in section 3(d]. Still the resuit would have been the same.

The C.P_ and Berar Act (XXVIII of 1949) effects the following amendment:

In sub--section (2) section 17 .?of the Land Acquisition Act, 1894, after the words "any such station", the following words shall be inserted namely :------

I:

or whenever owing to a like emergency it becomes necessary for the State Government to acquire the immediate possession of any land for the purpose of maintaing traffic over a public road".

The Land Acquisition (Madras Amendment) Act, 1943 (XXI of 1948) as amended by Act XII of 1953.

The Madras Act (XXI of 1948) provides that sub- section (1) of section 17 of the [sand Acquisition Act, 1894 which governs the taking possession of any waste or arable land shall apply to waste or arable land notwith- standing the existence thereon of scattered trees or temporary structures like pandals, huts, sheds etc. For- ther, it seeks ta provide for immediate taking possession under section 17 (2) in the following cases as well:

"(b) whenever in the opinion of the Collector it becomes necessary to acquire the immediate possession of any land-

{'1} for the purpose of any library or educational institution, or

(ii) for the construction, extension or improve- ment of---

(A) any building or other structure in any village for the common use of the inha- bitants of such village, or (13) any godown for any society registered or deemed to be registered under the Mad- ras Co-operative Societies Act, 1932, or (C) any dwelling house for the poor, or 110 (D) any irrigation tank, irrigation or drainage- channel, or any well, or (E) any road".

The Madras Act (XII of 1953) modiﬁes sections 28 and 34 of the Land Acquisition Act, 1894 by reducing the rate of interest to four per cent and adding the following proviso:

"Provided that where such possession is taken before the commencement of the Land Acquisi~ tion (Madras Amendment) Act, 1953, the fore-- going shall have effect as if for the rate of 4 per centum per annuin speciﬁed therein the rate of 6 per centum per annum had been sub- stituted."

Land Acquisition (East Punjcth Amendment) Act, 1948 (XV of 1948}

- The East Punjab Act (XV of 1948) seeks to protect the compensation amount from attachment etc., by inserting a new section 52--A in the Land. Acquisition Act, 1894 to the following effect:

,"52-A. No compensation awarded or awardable under this Act---

(a) before it is actually paid to the person entitl-

ed to receive the same or;

(h) before or after it is actually paid to the per- son entitled to receive the same in respect of any land which is not liable under the law for the time being in force to attachment or sale in execution of a decree or order of any court, shall be liable -to seizure, attachment, or sequestration by process of any Court, at the instance of a creditor, for any demand against the person entitled to compensation, or in satis- faction of a decree or order of any court, and, notwithstanding anything to the contrary in any law for the time being in ' force neither the official assignee nor any receiver appointed under any law shall be entitled to proceed against or to have any claim on any such com» pensation."

Ill The Land Acquisition (U, P. Amendment) Act, 1954 (XXII of 1954) The U.P. Act (XXIII of 1954) amends the Land Acquisi- tion Act, 1894 in so far as it applies to acquisitions of land except for the purposes of the Union. The foilowirng are the important changes effected.

The expression 'public purpose' is made to include provision for or in connection with:

(1) sanitary improvements of any kind including' the reclamation;

(2) the laying out of village sites, townships or the extension plan development or improvement of existing village sites or townships;

(3) the settlement of land for agriculture with the weaker section of the people.

Again, in the deﬁnition clause, a new clause (in) deﬁn- ing "Land Reforms Commissioner" as one appointed by the Government has been added.

In section (4), sub--section (1) and (2) of the Land Acquisition Act, 1894, the UP. Act seeks to empower tlhe Collector in addition to the appropriate Government in the matter of issuing the notiﬁcation and authorizing an ofﬁcer to enter upon and do the other acts mentioned in sec. 4(2).

In sub-section (1) of section 5A_ the period of thirty days within which objection to acquisition is to be made is reduced to twenty,-one days. Another amendment to sec. 12 requires the Collector to send a copy of the award to the Land Reforms Commissioner. A new section 12A is added: 1 "12--A. The Collector may, at any time but not later than -six months from the date of the award, or where a reference has been made under section 18, before the making of the reference-_ correct any clerical or arithmetical mistakes in the award either on his own motion or on the appli- cation of any person interested.

(2) The Collector shall give immediate notice of any correction made in the award to all persons interested.

(3) 112

Where any excess amount is proved to have 7 been paid to any person as a result of the cor-

rections made in sub-section (1), such person shall be liable to refund the excess, and if he defaults or refuses to pay, the same may be realised as an arrear of land revenue".

Section 17 is amended by the insertion of the following new sub--section (1-A):

"(1-A) The power to take possession under sub-

section (1) 'may also be exercised in the case of any land other than waste or arable land, where the land is acquired for or in connection with sanitary improvements of any kind or planned development".

To section 18, two new sub--sections are added:

'((3) (4) Without prejudice to the provisions of sub- section (1) the Land Reforms Commissioner may, where he considers the amount of com- pensation allowed by the award under section 11 to be excessive, require the collector that the matter be referred by him to the Court for determination -of the amount of compensation.

Ea:plcmotion.--In any case of land under Chapter VII the requisition under this subsection may be made at the request of the Company on its undertaking to pay all the costs consequent upon such requisition.

The requisition shall state the grounds on which objection to the award is 'taken and shall be made within six months from the date of the award."

Section 23 is amended by the addition of the following explanation to clause (1) :

"EacpIanati.on.--l'.n judging the market value aforesaid, in any case where land is acquired for or in connection with sanitary improvements of any kind or planned development, due regard shall be had to the insanitary and unhygienic conditions of the land on the date aforesaid."

Another important change eﬁected is the omission of the solatiurn provision in section 23(2).

But, however, it is' provided that this omission shall not affect acquisitions 113 made in pursuance of notiﬁcation under section 4 of the Land Acquisition Act, 1894 issued prior to the commence- ment of this Act (ie. the U.P. Act).

Section 25 is amended by the deletion of the words, "or be less than the amount awarded by the Collector under section 11". This would mean that the Court may award" compensation which is -even lesser than the amount awarded by the Collector under section 11.

In Part VII dealing with acquisition for companies. section 39' is amended by the insertion of the following new sub-section.

"(2) In cases of acquisition of land for a society registered under the Societies Registration Act, 1860*, sub-section (1) shall have effect as if for the Words and ﬁgures "sections 6 to 37 both inclusive" the words and ﬁgures "sections 6 and 7" had been substituted."

SECTION II.-«Paar B STATES (Barons 1517 NOVEMBER, 1956).. The Pcpsu Land Acquisition Act, 1953 (V of 1953) The Pcpsu Act (V of 1953) extends the Land Acquisi- tion Act, 1894 to the State of Pepsu with certain modiﬁca- tions indicated in the schedule after repealing the Patiala Land Acquisition Act, 1895BK and the Pepsu Act, 2006BK while at the same time providing for the validation of acquisition, awards and agreements under the Act of 2.006BK, made prior to the commencement of the 1953 Act.

, In the definition section, clause (ee) deﬁning the expression "appropriate Government" is omitted and instead, the expression "appropriate Governrnent" is replaced by the words -"State Government". throughout the Act.

Section 23 of the Land Acquisition Act, 1394 is amend- ed by the substitution" of "the following clause for" _the existing clause ﬁrst: ' "ﬁrst the market value of the land at the date of the publication of the notiﬁcation under sub- section (1) of section 4 or where more than three years have elapsed between the date of publication of the notiﬁcation under the said sub-section and the date of taking possession of such land (whether such possession is taken 114 before or after the date of the award determin- ing the compensation), the market value of the land immediately before the date of the award."-

The Rajasthan Land Acquisition Act, 1953 (XXIV of 1953) The Rajasthan Act; (XXIV of 1953), as amended, has made several additions to the Land Acquisition Act, 1394.

'In the deﬁnition section, clause (ee) deﬁning "appro- priate Government" is omitted and the word "Govern~ ment" is substituted for the expression "appropriate Government" wherever it occurs in the Act. In the def}- nition of 'public purpose', the following addition has been made:

"also includes planned development of lands from public funds and subsequent disposal thereof in Whole or in part by lease o-r sale or in such other crnanner as may be directed by the Government with the object of securing further development as planned;"

In clause (g) of section 3 deﬁning persons 'entitled to act', reference to married woman is omitted.

The following additions have been made to the deﬁni- tion section:

(h) the expression "Code" means the Code of Civil Procedure, 1908 (V of 1908);

(j) the expression "local authority" includes an improvement or development trust constituted under any law for the time being in force ill the whole or any part of pre-reorganisation State of Rajasthan.

. Existing section 5 is renumbered as sub-section (3) of section 4 and the following new section is inserted as section 5.

"5. (1) The Collector or a Revenue Officer specially empowered by the Governrnent in this behalf shall forward to the Government with his re- marks a report on _the result of the survey, if any, and other operations described in and taken under sub-section (2) of section 4.

115

(2) After considering the report, if any, submitted under sub-section (1) or, if no such report has been received, at any time after the issue of the notiﬁcation under sub-section (1) of section 4, the Government shall publish a further noti-

ﬁcation in the Rajasthan Gazette, giving sum- cient description of the land already notiﬁed under the said sub-section (1) of section 4 to enable it to be identiﬁed and stating the pur- pose for which it is or is likely to be needed, its approximate area and situation and, where a plan has been made of the land, the place where such plan may be inspected, and the Collector shall cause public notice to be given" of the substance of the said further notiﬁcation at convenient places on or near the land to be acquired."

In section 6 dealing with declaration, the following new sub--sec1:ion has been added:

"(4) Upon the publication of a declaration under sub-section (1), the notiﬁcation under sub-

section (1) of section 4 shall, so far as it does not include the particular land covered by the said declaration, be deemed t.o be cancelled except to the extent, if any, that the Govern- ment may, by notiﬁcation in the Rajasthan Gazette in which the said declaration is publish- ed, direct otherwise."

In section 11, additions are made laying down the time limit within which the Collector shall make an award and also providing for costs in some cases. As regards the time limit, it is stated that the Collector shall, except for reasons beyond his control, make an award within a period of six months commencing from the time ﬁxed under sub-sec- tion (2) of section 9. The new provisions relating to costs are as under:

"(iv) the costs which, in his opinion, should be allowed to any person who is found to be en-

titled to compensation and who is not entitled to compensation and who is not entitled to receive the additional sum of ten per centum mentioned in subsection (2) of section 23, as having been actually and reasonably incurred 116 by such person in preparing his claim and put- ting his case before the Collector:

(2) The Collector may disallow, wholly or in part, costs incurred by any person if he considers that the claim made by such person for compensation is extra-

vagant."

After section 12, a new section 12A has been inserted enabling the Collector to- correct clerical and arithmetical mistakes in the award.

"12A. Clerical and arithmetical mistakes in the award, may, at any time not later than six months from the date of the award, be correct- ed by the Collector either on his own initiative or on the application of the parties. If the amendment of the award discloses any over- payment the Collector shall issue a notice to the persons to whom over-payment was wrongly made either immediately after the amend- ment of the award or after expiry of the time allowed to make a reference to the Court against the amendment of the award, that if the amount over-paid is not credited to Government within a month after the receipt of the notice, such amount shall he recovered as arrears of land revenue."

In section 17, sub--section (2) dealing with taking immediate possession. in certain emergencies, the power has been extended for the purpose of maintaining road communication or irrigation or water supply service by the following addition:

"Or whenever owing to a like emergencypr owing to breaches or other unforeseenldamage occur- ring to roads, I'lVte1'S, channels or tanlizs it be- comes necessary for the Government to acquire " M the immediate possession of any land for the purpose of maintaining road communication. or irrigation or water supply service as the case may be."

The following new sub-sections have been added after sub--section (4) of section 17.

"(5) Subsections (1) and (3) shall apply also in the " case of any area which is stated in a certiﬁcate by a District Magistrate to be unhealthy.

117 ' (6) Before granting any such certiﬁcate, the Dis- trict Magistrate shall cause notice to be served as promptly as may be on the persons referred to in sub-section (3) of section 9 and shall hear without any avoidable delay any objections which may be urged by them.

(7) When proceedings have been taken under this section for the acquisition of any land_ and any person sustains damage in consequence of being suddenly dispossessed of such land. compensa- tion shall be paid to such person for such dis~ possession."

The following new section 17--A providing for the transfer of land to local authority has been inserted.

"WA. When any land is acquired for the purpose of a local authority, the Collector shall, in every case referred to in section 16 or 17, make over charge of the land, upon payment of the cost of acquisition to that authority and the land. shall thereupon vest in the local authority sub- ject to its liability to pay any further costs which may be incurred on account of its acquisition."

In section 18_ provision has been made to make it possible for the Government department on whose behalf acquisition is being made to ask for a reference to the Court where it has not accepted the award.

The following' ricm-' sub--section (3) has also been introduced HA-

"'(3) Any order made by the Collector on an a.]_Jpli- Cation made under this section shall be subject

-to revision by the High Court as if the Collec- tors were a Court subordinate to the High Court . within the meaning of section 115 of the Code."

A new section 22A 'has been inserted to enable the Goverrmient department to make cross--objection to the Court when the person interested under section 13(1) raises any objection which the Collector refers to the Court.

"22A. Whenever in pursuance of section 18(1) any person interested has raised ans; objection which 118 has been referred by the Qollector for the determination of the Court, the Gotrernment department in whose behalf acquisition is being made shall have the right of making cross- objection to the Court."

In section 23, subsection (1') in clause firstly, the rele- vant date of determination of market value is the date of declaration under section 6.

In sub--section (2), the solatium is reduced to ten per cent. Sub~ser_-tion (2) as modiﬁed and 'tin: new sub»-section sf.'-'1) inserted are given below.

"{2} In addition to the market value of the land as above provided the Court shall, in every case except where a certiﬁcate has been grant:-:1 under sub-section (5) of section 1?, award a sum of ten per centum on such market value in consideration of the compulsory nature of 'the acquisition:

Provided that the sum of ten per quantum shall not be awarded when any land has been acquired for the purpose of an improvement or develop- ment trust unless such land consists of--

(a) building in the actual occupation of the owner or his tenant or occupied free of rent by a relative of the owner and land appurtenant thereto, or

(b) gardens not let out but used by the owner.

:'{3) For the purposes of clause first of sub-«section (1) of this section,-

«.(a) the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determin- ed under the clause_ and for the purposes» of the market value the Court shall take into consideration transfers of land similarly situated in similar use and shall not adnilt, :wi- dence that any price actually paid for similar land in similar use contains any element of the potential value of the land transferred for any more lucrative use, and if on the material data the land is subject to any re.<_=-

(b)

(c)

(d)

(e)

(f) (in 11.9 trictions under any law for the time being in force, the market value Shall bl? 33533595 taking" into account these restrictions, if it be shown that before such date the owner of the land had taken active steps and in- curred expenditure to secure a more proﬁtable use of the same, further compensation based

-on his actual loss may be paid to him, if the market value is specially high in con- sequence of the land being put to use which is unlawful or contrary to public policy, that use shall be disregarded and the market value shall be deemed to be the market value of the land if put to o.rdina1'y use.

if the market value has been increased means of any improvement made by the owner or his predecessor-in-interest within one year before the aforesaid date, such in- crease shall be disregarded unless it be prov- ed that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under this Act, by if the market value has been increased or deoreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded, if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding Shall be disregarded and the market value shall be- deemed T0 be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding, and when the owner of the land or building has, Within lW0 Years Preceding the aforesaid date, made a return of the rent of the land or build- ing to the Government or any local authority, the rent of the land or building shall nm; in any case be deemed to be greater than the 120 rent shown in the latest return so made, save as the Court may otherwise direct. and the market value may be determined on the basis of such rent:

Provided that where any addition to or improve-

ment of, the land or building has been made after the date of such latest return and pre~ vious to the date with reference to which the market value is to- be deterrnjned the court shall take into consideration any increase in the letting value of the land or building ﬂue to suoh addition or improvement."

The following new section 24A has been inserted.

"24A. In determining the amount of compensation to be awarded for any land acquired under this Act, the Court shall have regard also to the following provisions, namely :--

(i) when any interest in any land acquired under

(ii) this Act has been acquired after the date of the publication of the declaration under section 6, no separate estimate of the value of such interest shall he made so as to increase the amount of compensation to be paid 'for such land;

it, in the opinion of the Court, any building which is used or is intended or is likely to be used for 'human habitation is not reasonably capable of being made fit for human habitation, the amount of compensation for such building shall not exceed the value of the materials of the building." ' In Section 25' dealing with Rules as to compensation_ in sub--section (1), there is omission of the words "be less than the amount awarded by the Collector"; and so the Court can allow even lesser compensation.

Besides, sub--

section (3) has also been omitted.

In sections 28 and 34, the rate of interest has been reduced to 4 per cent.

The following new sub-section has been introduced at the end of section 31.

121

"31. (5) 'When a person interested in any land and competent to contract in respect thereof has, at any stage of the proceedings for the acquisition of land stated in writing before the Collector, or, if the proceedings are pending in a Court, before that Court, that he gives up his claim to compensation in respect of the land, -"he shall be deemed to have received and given a valid dischare for such compensation for the land as would otherwise have been payable to him."

In Part VI dealing with "Temporary occupation of Land," two new subsections (2) and (3) have been intro- duced in section 35 and the existing sub--scction renum- bered as #1) and (5).

"35.(2) Before issuing a direction under subsection (1) the Government may require a Collector to submit-------

(a) a plan of the land which is needed for occupa-

tion and use,

(b) a report stating whether it is desirable to occupy the land, and

(c) an estimate of the compensation that would be payable under sub--section (4) and upon the issue of such a requisition the Collector shall cause public notice of the substance of requisition to be given at convenient places in the locality in which the land is situated. After the issue of -such notice it shall be lawful for any ofﬁcer either generally or specially authorised by the Collector in this behalf, and for his servants and workmen, to enter upon and survey and take levels of any land in such locality; to dig or bore into the sub-soil;

to do all other acts necessary to ascertain whether the land is adapted for such purpose;

to set out the boundaries of the land proposed to be taken and the intended line of the work_ if any, proposed to be made therein;

(3) 122

to make such levels, boundaries and line by placing marks and cutting trenches; and where otherwise the survey cannot be com» pleted and the levels taken or the boundaries and line marked, to cut down and clear away any or part of the standing crop, fence or jungle.

The officer authorised under sub-section (2.) shall, at the time of his entry, pay or tender payment for all necessary damage to be done as aforesaid and in the case of dispute -as to the sufficiency of the amount, so paid or tendered, 'he shall at once refer the dispute to the decision of the Collector or other Chief Revenue Officer of the District and such decision shall be final."

In section 37, where the difference as to the condition of the land has been referred to the decision of the court, it is provided that provisions of Part III would apply mutatis mutandis.

By the insertion of a new section 48A, it is provided that where the acquisition is not completed within a year compensation is to be paid for the damage suﬁered due to delay.

A new section 48B provides that in certain cases, sections 48 and 48A would not apply.

"-18A. (1) If Within a period of one year from the (2) date of the publication of the declaration under section 6 in respect of any land, the Collector has not made an award under section 11 with respect to such land, the owner of the land shall, unless he has been to a material extent respon~ sible for the delay, be entitled to receive com- pensation for the damage suifered by him in consequence of the delay.

The provision of Part III of this Act shall apply, so far as may be, to the detennination of the compensation payable under this section."

"48B. No compensation shall be payable in pursuance of section 48 or section 43A, when proceedings for the acquisition of land have been abandoned on the execution of an agreement with, or the acceptance of a payment to_ the owner of the land."

123

The following sub-section is inserted at the end of sub- section (3) of section 49.

"(4) For the purposes of sub-section (1) land which is held with and attached to a house and is reasonably required for the enjoyment and use of the house shall be deemed to be part of the house."

A new section dealing with interpretation has been added as the last section.

"56. The provisions of the General Clauses Act, 1897 (X of 1897), shall mutatis mutaindis apply so far as may be, to this Act in the same manner as they apply to a Central Act."

The Land Acquisition Act, 1894 (Adaptation and Applica- tion Ordinalnce, 1943 as amended by Saurashtm Act XLIII of 1953) The Saurashtra Act has made the following changes in the Land Acquisition Act of 1894.

In the deﬁnition section in clause (c), the reference to Deputy Commissioner is omitted. In clause (e), the refer- ence is to the Indian Companies Act 1913 as amended from time to time instead of the Indian Companies Act of 1882. It provides that the expression "Court" would include the Court of Civil Judge (Senior Division) to which the princi- pal Civil Court may transfer any proceedings under the Act. In the deﬁnition of 'public purpose' it provides for the acquisition of land for purposes of the development of areas from public revenues etc., and the subsequent dis- posal thereof by lease, assignment or sale with a View to securing further development.

It also provides that the Collector shall not make the Award under Section 11 without the prior approval of the State Government or any oﬁicer which the State Govern- ment may appoint in this behalf. It also adds a new Section 12A which would enable the correction of clerical or arithmetical error in an Award within a period of six months by the Collector either on his own initiative or on an application from the person interested. Also it seeks to enable the Collector to recover any over-payment made by him as if it were an arrear of land revenue. A new Section 15A is added which empowers the State Govern- ment, before an Award is made by the Collector under Section 11, to call for and examine the record of any order passed by the Collector or of any enquiry or proceedings i_1Law,='67--9 124 of the Collector for the purpose of satisfying ztself about. the legality of the order or the regularity of the proceed- ings. It may even annul or reverse the order, if necessary.

In section 17, dealing with cases of urgency, an addition has been made to cover damage to roads, rivers, channels ..

or tanks by some unforeseen events.

In the Part dealing with the temporary occupation of land. three new suh-sections are added after sub-section (1) of section 35, This would enable the State Govern- ment, befo-re issuing a direction under sub--section (1) to require the Collector to submit a plan of the land and also an estimate of the compensation payable. The Collec- tor then shall cause public notice of the substance of such requisition. Thereupon any ofﬁcer authorised by the Collector may exercise the powers conferred under section 4(2). Such officer shall pay compensation at the time of his entry for all damages to be done and the decision of the Collector on this point shall be final.

In section 4'?' the reference to Calcutta Madras and Bombay is omitted.

In Section 5% relating to appeals the following words are deleted: "and from any decree of the High Court passed on such appeal as aforesaid an appeal shall lie to His Majesty in Council subject to the provisions contained in section Ill) of the Code of Civil Procedure, 1938 and in"

Order XLV thereof." ' Lastly, it provides, for the substitution of the words "Government of Saurashtra" for the words "Central Gov- ernment", "appropriate Governrnent", or "Crown", wherever they may occur.

SECTION 111-PAM C S'I'!L'i'ES The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (LX of 1948, as amended by A.L.O. 1950) (Central Act} The Act extends only to Ajmer and Delhi. The object of this Act is to provide immediate accommodation to displaced persons and for that end to speedily obtain possession of. the land. The Act to a large extent departs from the procedure laid down in the L.A. Act, 1894. Immediately aft.er the notification for acquisition of the land is served and published, the land vests absolutely in the State Government free from all encumbrances and thereafter possession of the land may be taken. The pro-

125

cedure for enquiry into the objection follows thereafter. If the objection is upheld the land is released from acqui- sition and is revested in the owner together with the encumbrances which were previously extinguished.

If the objections are over-ruled, the compensation will have to be determined either by agreement or arbitration- If it was not possible to settle amicably, the arbitrator to whom the dispute has to be referred, should be 21 person qualiﬁed for appointment as a judge of a High. Court_ He is assisted in the determination bu; two experts. one nominated by the State Government, and the other by the person to be compensated. An appeal against the decision of the arbitrator lies to the High Court.

Market value of the land has to be ﬁxed" as on the date of the preliminary notiﬁcation on 1.9.39 with an addition of -10 per cent whichever is less.

The Act is a complete code in itself and contains pro» visions on other matters analogous to those of the Land Acquisition Act, 1894.

SECTION IV------Na'rI\rn STATES The Lamd Acquisition Act, 1070 (II of1070) as amended' by Acts IV of 1074, I of 1109, 1 of 1111, XXX of 1112, and Pro- clamation V of 1112.

The Cochin Act {II of 10'?D), amended as above has eifected the least possible change in the Land Acquisition Act. 1894.

In section 3(c), instead of the expression "Collector", the expression Peishkar (who takes the Place of the Col- lector) is deﬁned. Clause (es) in section 3 deﬁning appropriate government is omitted but the expression "Diwan" is substituted for the expression "appropriate Government" wherever it occurs in the Act.

In sub-section (2) of section 11), the corresponding sections (161 and 162) of the Cochin Penal Code are sub- stituted for sections 175 and 176 of the Indian Penal Code.

In the section dealing with reference to the Court at the instance of the person interested who does not accept the award of the Collector, an addition has been made 126 in the Cochin Act enabling the Diwan to ask for a refer-

-ence, if he desires. The addition at the end of sub-section (1) of the relevant section reads thus:

"The Diwan likewise may, if he has not accepted the .award_ require that the matter be referred to the Court by the Peishkar."

An important Proviso is added to clause ﬁrst of section 23(1) of the Land Acquisition Act_ 1894 which reads as follows:

"Provided that the valuation should be such that the value of the land plus the value of improve- ments thereon must not exceed the market value of the property in question and provided further that the value to be awarded should be the prevailing market rate irrespective of the price paid for previous acquisition";

In the section corresponding to section 27 of the Land Acquisition Act_ 1894_ the existing sub--section (1) is reproduced as sub-section (2), while the existing sub- section (2) of the Indian Act of 1894 is missing. The reason for the omission, if it is deliberate is not apparent. The omitted sub~section reads thus:

"When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court shall be of opinion that the ' claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part ofthe Collector's costs."

Again, in section 31 dealing with the payment of com- pensation or deposit in Court, in sub-section (2) after the three provisos, a new sub--section has been introduced which reads as follows:

"When the Diwan requires the Peishkar to make a reference under section 17, it shall be com- petent to him to demand security from the person claiming the amount awarded and to withhold payment until such security is furnish-

ed." _ 127 Section 53 of the Cochin Act which corresponds to section 54 of the Land Acquisition Act, 1894 provides for an appeal to the Chiei Court from an award.

The Hyderabad Limdﬂcquisition Act, 130917' (IX of 13095') [1899} as amended by the Hyderabad Land Acquisition (Amendment) Regulation l35BF (LIX of 13583') [1943] 'The Hyderabad Act (IX of 1309 F) as arnended by the Regulation (LIX of 135815') has effected the following changes in the Land Acquisition Act of 13% In the deﬁnition section, instead of Collector, the expres-- sion 'Taluqdar' (who takes the place and discharges the functions of the Collector) is deﬁned.

The expressions "Court" and ''company'' have been slightly diﬁerently deﬁned in the light of their applicabili- ty to Hyderabad.

Clauses (ee), (f) and (3') deﬁning "appropriate Gov- errunent", "public purpose" and persons "entitled to not"

have been omitted. Consequently, the reference to persons entitled in subsection (3) of section 52!. is also omitted.

Sub-section (2) of section 10 making it obligatory on the part of persons to make or deliver certain statements required under section 9, 10 has been omitted.

Likewise section 10 conferring power to summon and enforce attendance of witnesses and production of docu- ments has been omitted.

Section 18 has been modiﬁed by ﬁxing a uniform period of two months from the date of receipt of notice of award within which application can be made requiring the Collec- tor (Taluqdari to make the reference to court instead of the six weeks period from different dates mentioned in clauses (o) and (1:1) of subsection (2) of section 18 of the Indian Act.

Section 22 requiring the proceedings to be in open court does not find a place in the Hyderabad Act.

In the section corresponding to section 24 of the Land Acquisition Act, 1894, the clause fourthly found in the Indian Act is omitted in the Hyderabad Act. Besides, in clause ﬁfthly and sixthly of the Indian Act, in factors to be disregarded, reference made only to the "increase to- the value" because of the use to which the acquired land 128 "will be put to; but the Hyderabad Act requires that both the "decrease and increase" should be disregarded. The provisions. are as follows:

"£ourthly_ any decrease or increase in the value of the land likely to accrue from the use to which it will be put when acquiredf' "ﬁfthly, any cIe3_c_reg;§ or increase in the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;"

Sub-section (2) of section 26 of the Land Acquisition Act which says that "every such award shall be deemed to he a decree and the statement of the grounds of every such award a judgment" within the meaning of the Code of Civil Procedure is omitted in the Hyderabad Land Acquisition Act.

In section 38--A dealing with acquisition for companies, a minor change has been effected by increasing the number of workmen in an industrial concern from one hundred to two hundred.

In the last Part containing miscellaneous provisions, section 45 dealing with service of notice and section 46 providing for penalty in case of obstruction have been omitted in the Hyderabad Act.

In section 52 of the Land Acquisition Act, 1894: a minor change has been made by increasing the period of previous notice from one month to three months in case of suits under the Act.

Lastly, in the section corresponding to section 54 of the Land Acquisition Act, 1894 provision is made for appeal to the High Court.

The Mysore Land. Acquisition Act, 1894 (VII of 189-1) as amended by Acts XI of 1916, I of 1927, VII of 1932 and I'5;":ﬁi-HI is.' .rs~aL.;l=- ' H101' 1941 The Mysore Act (VII of 1894), amended as shown above, is almost a verbatim reproduction of the Land acquisition Act_ 1394 excepting for the changes indicated beiiow '.-----

In section 3(c), the expression "Deputy Commissioner"

is deﬁned instead of the expression "Collector". Likewise 3(ee) deﬁning "appropriate Government" is omitted but the words "Government of Mysore" are used wherever the 129

-expression "appropriate Government" is used in the Act, and in 3(f), it is said, "the expression 'public purpose' includes the P30' vision of village sites;"

Sub-section (2) of section 26 which states that every"

award shall be deemed to be a decree is omitted.

So also, section 38-A, dealing with Industrial concern, has been omitted.

Section 54 provides for an appeal to the High Court from an award.

"The Land Acquisition Act, 1089 (XI of 1089) as amended by Acts V of 1096, I of 1099.

The Travancore Act (XI of 1089), as amended, has effected the following changes in the LA. Act, 1894.

In the deﬁnition section, instead of the expression "Co1lector", the expression "division peishkar" has been «deﬁned. The expression "local authority" is deﬁned as "any Municipal Council or other authority legally entitled to, or entrusted by the Government with the control or management of any municipal or local fund".

Clauses (d), (e), (ee) and (f) defining the expression "Court", "company", "appropriate Government" and "pub- lic purpose" have been omitted and wherever the expres- sion "appropriate government" occurs in -the Act, it is replaced by the word "'G~overnment". Again, the reference to "married women" in the clause dealing with persons "entitled to act" has been omitted.

Section 5-A dealing with the hearing of objections has been omitted.

The reference to company in the declaration section (6) and the proviso thereof to sub--section (I) has been omitted.

In section 9 dealing with notice to persons interested, the following new sub-section is added as the ﬁfth one.

"(5} The notice shall also be publish.ed in the Gazette, and shall be deemed to be suﬁicient notice to all Persons interested in the land as between the Government and such persons."

130

After the existing section 15, the following new section "(dealing with the making of award where there is agree- ment) has been introduced:

"15. Award in case of agreement as to the amount of compensatto-n.-----If the Division Peishkar and all the p-ersons interested agree as to the amount of compensation to be allowed, the Division Peish~ kar shall, with the previous sanction of the Government, make an award under his hand for the same.

Award to be ﬁled and to be evidence. Such award shall be ﬁled in the Division ]?eishkar's oiﬁce and shall be conclusive evidence, as bet- ween the Government and all persons interested of the value of the land and the amount of com» pensation allowed for the same."

Sub-section (2) of section 17 (dealing with emergency cases where it becomes necessary for the Railway Adminis- tration to take immediate possession) along with the pro- viso has been omitted. Again, sub-section (4) making section 5A not applicable to certain cases has been omitted since, as mentioned already, section 5A does not find a place in the Travancore Act.

In clauses (a) and (b) of sub-section (2) of section 18, the six weeks' period is increased to a two-months' period.

Section 22 providing for the proceedings to be in open

- court has been omitted.

In section 23, in clause ﬁrstlv of sub--section (1), the Travancorc Act provides that the market value shall be as at the date of declaration under section 6 and not as at the date of publication of notiﬁcation under section 4(1).

In section 26, sub-section (2) providing that the award shall be deemed to be a decree has been omitted.

In section 27, sub-Section (2) providing for payment of costs by the collector where his award is not upheld has been omitted.

In section 31 providing for the payment of compensa- tion or deposit in court, a new proviso has been added at the end to the effect that "no such arrangement shall he made without the previous sanction of the Government".

Sections 35 to 44 have been omitted. That is, the Part dealing with Temporary Occupation of Land and the Part 131 dealing with Acquisition of Land for Companies have been omitted.

In section 35-A of the Travancore Act which corres- ponds to section 50 of the LA. Act, 1894_ provision is made for acquisition of land at the cost of local authority only and not for any company (since the Part dealing with Companies has been omitted). Further, instead of the existing proviso, a new sub-section (3) has been added enabling the local authority objecting to the award of the Peishkar to ask for a reference to court. The new sub- section reads as follows:

"(3) Any such local authority which objects to the award of a Division Peishkar in regard either to the area of the land or to the amount of com-

pensation may ask for a reference to the Dis- trict Court within whose jurisdiction the land is situate in the manner and within the time speciﬁed in section 18; and thereupon the provi- sions of sections 19 to 23 and 25, in so far as they may, shall apply."

Section 51 exempting award and agreement from stamp duty has been omitted.

In section 52 which lays down the requirement of month's previous notice before commencing any proceed- ing or prosecution against any person under the Act, an addition has been made barring suit or other proceedings "after the expiration of six months from the accrual of the cause of action".

In section 38 of the Travancore Act which corresponds to section. 54 of the LA. Act, 1894 it is laid down that an appeal shall lie to the High Court from the award.

Immediately after this_ following new section has been inserted: -

"39. Provisions of Limitation Act and Code of Civil Procedure made cpplicaible.---The provisions of the Limitation Act and the Code of Civil Proce- dure in respect of regular appeals in ordinary suits shall, so far as may be, apply to proceed- ings before the High Court under this Act."

APPENDIX IV Other Acts contrlin-inng provisions for acquisition.

. The Delhi Road Transport Authority Act, . Slum Areas PART I--~--LIST OF ACTS SECTION I--CE1~rrrmI. ACTS . The Indian Telegraphs Act, 1385 (XIII of 1335). . The Indian Tramways Act, 1886 (XI of 18:36).

The Indian Railways Act, 1890 (IX of 1890}.

The Indian Works of Defence Act, 1903 (VII of I983). The Indian Electricity Act, 1910 (IX of 1910).

The Indian Forest Act, 1927 (XVI of 1927).

.The Damodar Valley Corporation Act, 1948 {XIV of 1948).

1950

(XIII of 1950].

. The Road Transport Corporations Act, 195!) {LXIV of 1950).

(Improvement, and Clearance) Act, 1956 (XCVI of 1955).

. The Territorial Councils Act, 3.956» (CH of 1956).

The Coal Bearing Areas (Acquisition and Develop- ment) Act, 1957 (XX of 1957), as amended by Act LI of 1957.

. '1'-he Delhi Development Act, 1957 (LXI of 1957).

132

Sncnozv H--STATE'. Acrs Part A The Calcutta Improvement Act, 1911 (5 of 1911).

. The Bengal Municipal Act, 1932 (15 of 1932). . The Calcutta Municipal Act, 1951 (33 of 1951).

. The Bihar and Orissa Municipal Act, 1922 (7 of 1922).

. The Darbhanga Improvement Act, 1934 (4 of 1934).

6. The Bihar Restriction of Uses of Land Act, 1948 (33 Bombay

8. of 1948) .

. The Bihar Town Planning and Improvement Trust Act, 1951 (35 of 1951).

The Bombay Provincial Municipal Corporations Act, 1949 (59 of 1949).

Central Provinces

10. Madras

15.

16. The C.P. 8: Berar Municipalities Act, 1922 (2 of 1922). ' The Nagpur Improvement Trust Act, 1936 (36 of 1936).

. The Madras City Municipal Act, 1919 (4 of 1919).

12. The Madras District Municipalities Act, 1920 (5 of 1920).

. The Madras Town Planning Act, 1920 (7 of 1920).

14. The Madras District Local Boards Act, 1920 (14 of 1920).

The Madras City Improvement Trust Act, (37 of 1950).

The Madras Lignite (Acquisition of Land) Act, 1953 (11 of 1953).

1950

I33 134 Drissa.

17. The Orissa Municipal Act, 1950 (23 of 1950). Punjab

18. The Punjab Town Improvement Act, '[922 (4 of 1922).

United Provinces

19. The U.P. Town Improvement Act, 1919 (8 of 1919).

20. The Kanpur Urban Area (Development) Act, 1945 (6 of 1945).

21. The U.P. Roadside Land Control Act_ 1945 (10 of 1945).

Part B Hyderabad

22. The Hyderabad Municipal Corporation Act, 1950 (33 of 1950).

23. The Hyderabad City Improvement Act, 1951 (35 of 1951).

Mysore

24. The City of Mysore Improvement Act, T903 (3 of 1903).

25. The City of Bangalore Improvement Act, 1945 (5 of 1945).

Part C Delhi

26. The Delhi Restriction of Uses of Land Act, 1941 (12 of 1941).

PART II--~--BR1EF SUMMARY OF THE ACTS SECTION I--CENTRAL Acrs

1. The Indian Telegraphs Act. 1835 (XIII of 1885).

The power to acquire under this Act is vested in the Central Government and is restricted to the user of the land and not the land itself. If there is a dispute in respect of payment of compensation for such user or in respect of apportionment of compensation, the di:;pu'be has to be referred to the District Judge and his decision is ﬁnal. This Act has nothing to do with the Land Acquisi- tion Act, 1894. The relevant sections of the Act are sections 10 and 11.

I35

2. The Indian Tramways Act, 1886 (XI of 1886).

The promoter of a tramway scheme has to obtain authorisation from the Government. The authorisation order itself has to provide that the land needed may be acquired for the promoter under the provisions of the Land Acquisition Act, 1870 (now 1894) in the same manner and on the same conditions "as it might be acquired for the purposes of the tramway if a company were the promoter. (victc sections 4 to 7). This Act, therefore, makes recourse to the provisions of the Land Acquisition Act obligatory, when land has to be acquired.

3. The Indian Railways Act,» 1890 (IX of 1890).

If land belonging to another is needed for a railway administration, the acquisition has to be made under the provisions of the Land Acquisition Act. Section 9 of the Act confers power on a railway administration to enter upon another person's land for the purposes mentioned in the section, but compensation has to be paid by the railway administration for the damage, if any, caused thereby. In case of dispute the question has to be determined in accor- dance with the provisions of sections 11 to 15 (both inclusive), 18 to 34 (both inclusive) and sections 53 and 54 of the Land Acquisition Act. Sections 51 and 52 of the Act are also made applicable (vide section -1).

To a large extent, therefore, the provisions of the Land Acquisition Act, 1894 apply to cases covered by the Indian Railways Act.

4. The Indian Works of Defence Act, 1903 (VII of 1903).

This Act contains provisions analogous to those of the I Land Acquisition Act, 1394.

5. The Indian Electricity Act, 1910 (IX of 1910).

Under section 57(2) of the Act, the State Government may on the application of any person not being a company desirous of obtaining any land for the purposes of his under- taking direct that he may acquire such land under the provisions of the Land Acquisition Act, 1894 in the same manner and on the same conditions as it might be acquired if the person were a company.

The word "work" occurring in section -10 sub-section (1) clause (b) and section 41 sub-section (5) of the Land Acqui- sition Act, 1894 is given an extended meaning as including 136 electrical energy supplied or to be supplied by means of the work to be constructed [oide section 57 sub-section (1)1. The undertaking is treated under the above provision as a "company" for the purposes of the Land Acquisition Act and the purposes for which acquisition may be rnade are enlarged.

6. The Indian Forest Act, 192'? (XVI of 1927).

The land required for any purposes of the Act is treated as a public purpose within the meaning of section 4 of the Land Acquisition Act (side section 84).

7. The Damodcr Valley Corporation Act, 1948 (XIV of 1948).

The act created a statutory corporation for the develop- ment of Damodar Valley.

Under section 50 of the Act, any land required by the Corporation for carrying out its function under the Act shall be deemed to be a public purpose and such land shall be acquired for the Corporation as if the provisions of Part VII (Acquisition of Land for Companies) of the Land Acquisition Act, 1894 (1 of 1894) were applicable to it and the Corporation. The procedure for obtaining agreement clause (e) of section 3 of the said Act.

Under section 40 of the Land Acquisition Act, the purposes for which la-nd could be acquired for a. company are very restricted. Section 50 of the Damodar Valley Act enlarges the purposes but limits them to the purposes of the Corporation. The procedure for obtaining agreement as in the case of companies is extended to it, perhaps for the reason, that though it is a State controlled Corporation its funds are separate from the State funds. Under the scheme adopted by us, such a corporation would not be a "com- pany" within the deﬁnition proposed but the purpose would be a public purpose if the intended acquisition is for the purposes of the corporation as under section 50 ab ove refer- red to. We have applied the agreement procedure to such cases by a separate section. There is, therefore, no need to treat such corporation as "company's" as under the Damodar Valley Corporation Act.

8. The Delhi Road Transport Authority Aez', 1950 (XIII of 1950).

In section 45 of the Act, if land is required for any of the purposes of the Act, such purpose shall be deemed to be a public purpose and the acquisition could be made under 137 the Land Acquisition Act as if the provisions of Part Vll of the Land Acquisition Act were applicable to it 'and the authority were a Company within the meaning of clause

(e) of section 34; of the Act.

9. The Road Transport Corporations Act, 1950 (LXIV of 1950).

Since it deals with acquisition of undertakings which will include even movables, the principles are different and the Act has, therefore, not been taken into considera- tion.

10. Slum. Areas (Improvement and Cleorcmce) Act, 1955 (XCVI of 1956).

This Act extends to all Union territories except the Union territories of the Andaman and Nicobar Islands and the Laccadive, Minicoy and Amindive Islands.

The object of the Act is tor making provisions for the improvement and clearance of slum areas in urban terri- tories.

Chapter V of the Act provides for the acquisition of lands. If the Central Government is satisﬁed that it is necessary for the improvements of slum areas or to re- develop any clearance areas that land should he acquired, it may publish a notiﬁcation to that effect in the Official Gazette after hearing the objections, if any, of the owner or any person interested in the land. When a notice as aforesaid is published in the Ofﬁcial Gazette, the land vests absolutely as and from the date on which the notice is so published, in the Central Government free from all encum~ brances. Every person interested in any land acquired under this Act is entitled to receive compensation from the Central Government to be determined in the manner laid down in the Act. The principle for determining the com- pensation adopted by this Act is that it should be an amount equal to sixty times the net average monthly income, actually derived from such land during the period of five consecutive years immediately preceding the date of pub- lication of the notice which has to be calculated in a manner and in accordance with the principles laid down in the Schedule. The ﬁnal determination regarding the amount of net average monthly income lies with the admi- nistrator. If there is a dispute regarding apportionment of the compensation or regarding title to receive it. the matter 138' is to be referred to the District Judge who has to decide it. '

11. The Territorial Councils Act 1956 (on of i955).

Section 61 of the Act provides that when the land is required for the use of the Territorial Council, the Central Government may, at the request of the Council, proceed to acquire it under provisions of the law relating to acquisi- tion of land on payment, by the Council, of compensation for the land as well as the charges incurred by the Govern- ment in connection with the proceedings, and after such payment the land vests in the Council absolutely.

12. The Coal Bearing Areas (Acquisition and Develop- ment) Act, 1957 (XX of 1957) as amended, by L] of 1957.

This Act authorises the Central Government to acquire "land by issuing a notiﬁcation under section'? of the Act within one month of the issue of the notiﬁcation. Any person interested in the land, may object to 'his. The competent authority hears objections, submits the case to the Central Government along with the reports containing recommendations on the objections. If the Central Gov- ernment is satisﬁed, a declaration under section 9 for the acquisition of land is published in the Ofﬁcial Gazette. On publication of this declaration, the land vests absolutely in the Central Government and they are entitled. to take possasion of the land to the extent to which the compensa- tion for the land is to be determined under section 5 sub-

section (13) which affects section 9 of the Land Acquisition Act.

The method of determining compensation to persons 'interested, can be ﬁxed by agreement and if that is "not possible there is a Tribunal consisting of a person who is or has been qualiﬁed to be judge of a High Court. There is also provision for payment of compensation and allied matters. The act was amended by the Amending Act LI of 1957'. In emergent cases under the Amending Act, it is open to the Central Government to exclude application of section 3 and make a declaration under section 9.

13. The Delhi Development Act, 1957 (LXI of 1957).

Chapter V (sections 15 to 23) of t-his Act contains the provisions for acquisition and disposal of land if the land is acquired for the Delhi Development Authority. Under 139 section 1:3 of the Act, the Delhi Development Atlthority is empowered to issue a notiﬁcation in the Ofﬁcial Gazette specifying for the particular purpose for which the land is required" and calling upon the owner of the land and any other person who, in the opi'n_io-n of the authorities, may be interested in the land to Show cause why the land should not be acquired. The Authority decides all the objections and makes an Order. Immediately after the noi;iEicat.'on is issued, it is provided in the Act that the land shall vest absolutely in the Authority free from all encumbrances. The ﬁxation of compensation is by agreement in the ﬁrst instance, and if no such agreement. is possible, the mai.tcr is referred to the Collector for determination of the amount at compensation for the land acquired. The principles that should guide the Collector determining the croinpit-nsaiion are contained in section 16, sub-section (5) of the Act. Against the decision of the Collector determining the EITROU,-I'll: of compensation, the aggrieved party is entitled to appeal to the District Judge of Delhi whose decision on appeal isfina]. The question of apportionment of compen_ sation is also to be referred to the District J udge. There are also other provisions in the Act which relate to the payment of compensation, investment of the 'c1IT]UL1-Ilt of crirppensati-on and so 011.

SECTION H----STATE ACTS.

'1. The =Calcutta I-mp-rmaement Act, 1911 (5 of IFJI1).

Chapter IV of the Act provides for the acquisitioii and disposal of land. The provisions of the Land Acquisition Act, 1894 are made applicable by this Act for acquisition of land for the purposes of the Act but with important modi- ﬁcations. Section 70 provides for the constitution of a Tribunal for the determination of the dispute relating to compensation and its decision is treated as an award under the Land Acquisition Ac1:,.l894. The award made by the Tribunal is enforceable by the Small Causes Court. as if it were a decree of that court. An appeal against the decision of the Tribunal is provided and it lies to the High Court. The Act also restricts the right of appeal to deﬁnite: grounds. Sections 17, 23 'and :24 of the Land Acquisition Act. :i.re modi- ﬁed under the provisions of the Act. A new section 'MA is introduced which adds to the provisions of section 24. The Act, therefore. while purporting to apply the provisions of the Land Acquisition Act, makes two important depar-

tures from it ﬁrstly, in the agency it provides fr]-1' the

7. I I. :i W155? I I") 140 determination of compensation and secondly, in the princi- ples that govern the determination of compensation.

2. The Bengal Municipal Act, 1932 (15 of 1932).

Section 98 provides that the Provincial Government may acquire land, at the request of the Commissioners, under the provisions of the Land Acquisition Act, 1894.

3. The Calcutta Municipal Act', 1951 (33 of 1951).

Chapter 32 of the Act, sections 517 to 525 relate to acquisition and disposal of land and buildings. The Cor- poration is authorised to acquire land or building whether situate in Calcutta or not (i) for the purpose of opening out any congested or unhealthy area or of otherwise improv- ing any portion of Calcutta, (ii) for the purpose of erecting sanitary dwellings for the purpose of 'executing any other scheme for providing any amenity for persons: residing in Calcutta. There are also other provisions enlarging the purpose for which acquisition may be made. Under section 524: of the Act in which the Corporation is authorised by this Act to acquire, acquisition may be made under the provisions of the Land Acquisition Act_ 1894 but subject, however, to the following amendments. The amendment is that the market value of any land or building to be acquired shall be deemed, for the purpose of clause ﬁrst of sub-section (1) of section 23 of the said Land Acquisition Act, 1894 to be the market value according to the disposi- tion of such land or building at the date of the publication of the declaration relating thereto under section 6 of the said Land Acquisition Act, 1894. Three provisos are added to this:---

(i) if, within a period of two years from the date of the publication of such declaration in respect of any land or building, the Collector has not made an award under section 11 of the said Land Acquisition Act, 1894, with respect to such land or building, the owner of the land or building shall be entitled to receive compensation for the damage suffered by him in consequence of the delay;

(ii) if the market value is specially high in conse- quence of the property being put to a use which is unlawful or contrary to public policy, that use shall be disregarded and the market value shall be deemed to be the market 141 value of the land or building if put to ordinary uses;

(iii) if the market value has been increased by means of any improvement made by the owner or his predecessor in interest within one year before the aforesaid declaration was published, such increase shall be disregarded, unless it he proved that the improvement was made bums ﬁdie and not in contemplation of proceedings for the acquisition of the land or building being taken under the said Land. Acquisition Act. 1394.

On payment of compensation by the Corporation, the title of the property will vest with the Corporation.

4. The Bitter and Orissa Municipal Act, 1922 ('7 of 1922).

Section 63 provides that the State Government may acquire land, at the request of the Commissioners under the provisions of the Land Acquisition Act, 1894.

5. The Darbhanga Improuement Act, 1934 (4 of 1934}.

With few modiﬁcations, it applies the Provincial Land Acquisition Act, 1394,

6. The Bihor Restriction of Uses of Land Act, 1948 (23 of 1948).

The relevant provisions of the Act relating to acquisi- tion "of property are analogous to those contained in the 11.13, Roadside Land Control Act, 19-15 (Act 10 of 1945} with subsequent additions dealt with in that Act.

7. The Bihar Town Planning .cmd Improvement Trust Act, 1951 [35 of 1951).

The provisions are similar to the Calcutta Improvement Act, 1911 already dealt with.

B. The Bombay Provincial Municipal Corrporafions Act, 1949 (59 of 1949).

Section 7'? provides that the Commissioner shall acquire any immovable property' on behalf of the Government by agreement on such terms and at such rates or prices or at rates or prices'_n-ot exceeding such maxima as shall be approved by thestanding committee either generally for any class of cases or specially in any particular case. when ever the Commissioner is authorised to agree to pay the I42 whole or any portion of the expenses oi acquirtnr-' hamm- able property, he shall do so on such ternis and at such rates or; prices or at rates or prices not exceeding such maxima as shall be -approved by the standing -romtnittee aforesaid.

The Commissioner may on behalf oi the Corporation acquire by agreement any easement affecting any 5:/nmov-- able property vested in the Corporation and the airiresairf. provisions shall apply to 'such acquisition.

Section 78 provides that. whenever the Commissioner as unable to acquire immovable property by agreement, the Government may, subject to the other provisions of tin; Act, order proceedings for a.cquisit-ion as if it were required for a public purpose within tin; meaning of the Land Acquisition Act, 1894.

9. The C. P. and Be?-or Manic-ipalities Act, 133:' (2 of 19-22).

The Act applies the provisions of the Land Acqnisition Act, 1894 with' material alterations, particularly with res- pect to the -principles of Compensation in section 23.

10. The Na-gpur Improvem-en: Trust Act, 1936 (36 of 1935).

It adopts the Land Acquisition Act, 1894: with modiﬁca- tions. It provides for the constitution of a Trilmnal for determination of compensation and also amends ssctioiis 11, 15, 17, 13, 19, 20, 23 and 24 of the Act. '1'he.n':odiﬁca- tions are contained in a Schedule attached to the Act.

11. The Madras City Municipal Act, 1919 [4 of L019), Section '76 provides that any immovable ;property may be acquired under the provisions of the L. A. Act, £894 and on payment of compensation awarded under the said Act.

12. Madras District Municipalities Act, 1920 {S =;i_F 1920). Section 67' provides that any immovable props;-iy may be acquired under the provisions of the Land Acquisition Act and on payrnerit of the compensation award-2-it under the said Act.

13. The Madras Town P!cmm'.n.g Act, 1920 (K7 of i.Qr2o}_ Acquisition for Town planning is deemed I. 1., fm» 3 public purpose for which land may be acquired J.-.u:i-or the provisions of the Land Acquisition Act, 1894. "i'jv;:-.»,'ri.1admg Town Planning Act, 1920 applies the provisions of 1:11;, Lam} Acquisition Act, particularly the provisions .-r.;..ia1.i1i,; 1:) the principles of compensation.

143

14. The Madmg District Local Boards Ac;_ 1920 (1%: of 1920).

Section 66 provides that any ilnrnovabie propertywhich any District Board is authorised by this Act to acquire may be acquired under the provisions of the Land Ac:quiSi-- tion Act, 1894 and on payment of the compensation awarded under the said Act.

15. The Madras City Improvement Trust Act, 1950 (37 of 1950).

It applies the provisions of the Land Acquisition Act, 1894: with modiﬁcations. It constitutes a Tri'ou11al for the determination of the dispute relating to compensation, and the various modiﬁcations in the sections, particularly in the principles relating to compensation, are contained in a Schedule attached to the Act.

16. The Madras Lign-ite (Acquisition of Land), Act, 1953

- (11 of 1953). ' -

This Act also applies the Land Acquisition Act, 1894 with modiﬁcations. Important modiﬁcations iiave been made in section 23.

17. The Orissa Municipal. Act, 1950 (23 of 1950).

Section 3|]-'1 provides. that the acquisition shall be made:

under the provisions of the Land Acquisition Act, 1394.

18. The Punjab Town Improvement Act,1922 (4 of 1922).

It applies the provisions of the Land Acquisition Act 'but with modiﬁcations. A Tribunal is constituted for the purpose of determining the amount of compensation if there is some dispute and further modiﬁcations in the Act are

-gontained in a Schedule attached to the Act.

19. The U-P, Town Improvement Act, 1919 (8 of 1919).

The Act empowers t-he Trust to acquire land under the provisions of the Land Acquisition Act with the previous sanction of the State Government. It olso provides for the constitution of a Tribunal for determining the dispute rela- ting to compensation, and the Schedule attached to this Act indicates the modiﬁcations effected in the Land Acqui- sition Act, 1894.

20. The Kanpur UTbCm Area (Devetopmerrt) .-".-.C':', 1945 (6 of 1945).

The Board constituted under the Aict may, with the pre- vious sanction of the Governrnent, acquire land under the provisions of the Land Acquisition Act. 1894 as modiﬁed by this Act, 144

21. The U. P. Roadside Land Control Act, 1945 (10 of 1945).

It also applies the provisions of the Land Acquisition Act but with modiﬁcations contained in the Schedule. The modiﬁcation chieﬂy is in the principles of determining compensation.

22. The Hyderabad Municipal Corporation Act, 1950 (36 of 1950).

Section 69 provides that the Commissioner shall acquire any immovable property on behalf of the Government by agreement on such t-erzrns and at such rates or prices or at rates or prices not exceeding such maxirna as shall be approved by the standing committee either generally for any class of cases or specially in any particular case. When- ever the Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring immov- able property, he shall do so on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the standing committee as afore- said.

The Commissioner may, on behalf of the Corporation, acquire by agreement any easement aﬁecting any immov- able property vested in the Corporation and the aforesaid provisions shall apply to such acquisition.

Section 70 provides that whenever the Commissioner is unable to acquire immovable property by agreement, the Government may, subject to other provisions of this Act. order proceedings for acquisition as if it were required for public purpose within the meaning of the Land Acquisition Act, 1309 Fasli.

23. The Hyderabad City Improvement Act, 1951 (35 of 1951).

Acquisition for the purpose of this Act is declared to be for a public purpose within the meaning of the Hydera- bad Land Acquisition Act, 1309 Fasli. Presumably, the provisions of that Act are made applicable.

24, The City of Mysore Improvement Act, 1903 (3 of 1903).

It contains a complete Code for the determination of compensation. It applies the provisions of the Land Acquisition Act, 1894 but also contains further provisions.

145

25. The City of Bangalore Improvement Act, 1945 (5 of 1945).

It applies the provisions of the Land Acquisiiion Act, 1894.

26. The Delhi Restriction of Uses of Land Act, 1941 (12 fig} of 1941).

It also modiﬁes the provisions of the Land Acquisition Act, 1394.

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13. Bihar Premises Requisitiinvn . M. B. Requisitfoning .The Madras Requisitioning APPENDIX V State Requisitio-ning (.t'I'I.d fLcqLLisiLi0n Acts PART I----LIST OF ACTS Scenes: I---PRINCIPAL ACTS Anclhra Requisitiming M Buildings Ac-1., 7.95:5: if is 05 195-3:), _ Assam Land (Eeguisiﬁrm and Acc;;'_1isitir3ra'3 Act 1948 (25 of 1943), as anxerﬂed by 20 of 1950, 34 of 1950, and 33 of 1953. ' (Temporary Provi-

sions] Act, 1949 (15 of 1950), as-; amended 'Q5-' 22 of 1951, 4 of 1953 and, 36 of 1954.

Bombay Land. RE-qllisiiinn .7--'.r::t_ 1948 [323 -:£ {[943}, as amended by 2 of 1950. 39 of 1950, 4!] of.' 1951, 5 of 1952, 5 of 1953, 1'? of 1955 and 52 of 1955 nli Immmvable Pr3periy Act, 1954 (35 of 1954).

C. P. and Berar Accommodaticnn {Requisition} Act, 1943 (B3 of 1943), as amended by M. P. Accommo- dation (Requisition) Amendment Act 1951 (29 of 1951}.

and Acquisition oi Immovable Property Act, 1956 (42 of 1956).

. Madras Essential Articles Corztrnl and Requisition-

ing (Tempo1*ar_=.r Powers) re-enacted by E of 195$.

Orissa Requisitioning and Acquisiikm of Imn1=-av- able P1'U[J[.";'1._y' Act, 195-2 (39 EIVE' 1952).

Pfepsu Requisitioning of. Imnmvable Prnpertgsr A-L-1;, 2DU6BK (1 of 2006).

Punjab Requjsitionjng a:-'Jd Acquisition <21' Immor- able Property Act, 1953 (11 C-11" 1953). as errnended by 24 of 1954.

Rajastlm-:1 Reqlljsiiioning, mi" Land (In1p:'-:u.=I.-:_1tm, ta! Ag1'icullL11'-B) Act, 1951 (29 Hf 1951).

Rajasthan Premises (Requisition anti, Eviction} Ordinance, 1949 (11 of 1949), :35 ame=nd.et1 by Ac':

13 of 1952.

.:'-"Let, 1949 {E3 of 1949).

I45 n_.

"1! 15:3.

1'3'.

_ 18.

UP. ~fTemporary) Accommodation HeqL1isi£it.:r1 ..:'1::r:, 1-17 Travuncnr:

£131'. *1''''' 0 "pi U Cochin '1'. C, R-equisitioning and Acquisitiu.m Act. 5955 (1 of 1956).

Utuzr Pm-

1947 (25 of 1947), as amended by 1:; :31' 1950, 22 Of. """*"' 1952 811-51 15 of 1954.

V. P. Requis'iti0ni.ng and Acquisﬁiorw of 1rni:m\"g.§.:1:'~ Prop:-r13: Act, 1953 (4 of 1953).

W. E. Land (Requisitiovn and Acquisition) Act, 19-18 ('2 of 19-18), as amended by 7 of 1951, 8 of 1954 and

25 of 1956.

'I'h-.9 W. B. Premises Requisition and Cotltml (Tem- pu1'ar);' Provisions) Ar.-L, 1947 (5 of 19417}. as an'1endu-(5. by ~'1-of 1949, 15 of 1950, 10 of 1953 and 7 of 1954.

V'r'dl1_\-:=.

Pr:1dn:~.i=.

.The Waste Lands (Requisitioning and Utilizatiam;

Act, 1952 (4; of 1952), as amended by 29 of 1954. SECTION II.---«CONTINUANCE Ac':~.=:

. The Madhya Pradesh Requisitioned Land (C0'n1i-- .'v'.'.uiJ1};.

nuance. of Powers) Act, 1951 (9 of 1951). 1'"*°'°¢~"= . The West Bengal Requisitioned Land (Continuance WL._5._ [36, ._, A of Pcrwers) Act, 1951. (8 of 1951), as amended by 10 of 1954, 36 of 1954.

\\"C;~". 150: 5!:

PART Il----SUMMARY SECTION I--PIuNc1PA1. ACTS

1. Andhm Requrisitioning of Buildings Act, 1954, (XI of 1954).

Section 4 enables the competent authority to requisi- tion any building for a public purpose. Among other things, it provides that where a building which is to be re-quisitioned is in the occupation of a tenant or licencee, he shall be paid compensation equal to the amount of rent payable by him for the building for a period of 4 months plus reasonable expenses incurred on account of vacating the building and reoccupying another, or in lieu of such compensation 2 months notice to vacate the building. However, the liability to pay compensation or give notice would not arise if the competent authority allots to the tenant or licences another building for his occupation.

Section 5 provides for a show cause notice with 15- days.

time limit before a requisition order can be made by the competent authority.

Section 7(a) provides that in no case can the period of requisition exceed 5 years.

Section 9 provides for the ﬁxation of fair rent for the r-equisitioned building, if no agreement can be reached between the landlord and the competent authority regard ing the rent payable. The landlord or the competent authority or the licencee may apply to the court of District Munsif having jurisdiction for ﬁxing the fair rent for the period of requisition. The fair rent shall be assessed in the following manner. It would consist of (1) the rent payable for the use and occupation of the building if taken on lease, (2) amount necessary to compensate the land- lord for (a) the pecuniary loss, (b) expenses due to vacat- ing and reoccupying, and (c) damages caused to the build- ing during the period of requisition, including the expenses that may be necessary to restore the building to the con- dition in which it was at the time of requisition. Sub- section (3) provides for an appeal to the sub--court or to the district court within a period of 15 days agoirist the 148 149

-order passed by the District Munsifs court ﬁxing the fair rent. The decision -on such appeal shall be ﬁnal and shall not be liable to review or revision.

Section 11 provides for appeals from orders or requisi- tion. Persons aggrieved by order of requisition may, within 15 days, prefer an appeal to the State Government and the order of the State Government on such appeal shall be fmal.

2. The Assam Land [Requisition and Acq-utsition) A:::t_, 1948, (XXV of 1948) The above Act was amended by Acts XX of 1950, XXXIV of 1950' and XXXIII of 1958.

It seeks to provide for requisition and Speedy acquisi- tion of premises and land for certain purposes.

(1) For maintaining supplies and services essental to the life of the community.

(2) For providing proper facilities for accommocla- tion, transport, communication, irrigation or drainage.

(3) For providing land individually or in groups to landless, ﬁoo-d-affected or displaced persons. (=1) To a society registered under the Indian (Io- operative Societies Act, 1912 or a company zin- corporated under the Companies Act, 1913 formed for the beneﬁt and rehabilitation of landless, ﬂood-aﬁected or displaced persons.

Section 3 provides that the Government may, by order in writing, requisition any land except those used for purpose of religious worship or charitable purposes or the building wherein the owner has actually resided for a continuous period of one year immediately preceding the order of requisition. "

Within a period of 30 days, the person interested In-a3.' appeal to the Government and the decision of the Govern- ment in such appeal shall be ﬁnal.

Section 4 provides that the Government may, if it appears necessary, acquire the requisitioned land by publication of a notice in the Ofﬁcial Gazette and that the Government shall be empowered to apply to such land any of the provisions of the Land Acquisition Act of 1394 with the rules framed thereunder.

150

Section T lays down the principles for the detenninatlon or.' compensation. Subsection (1) lays down that subject to ::u.b--sectior-i (IA) whenever land is acquired under section 4, compensation shall be paid as determined by the Collector in accordance with the principles set out in sub-section (1) of section 23 of the Land Acquisition Act of 1894. The market value referred to in suhssection (1) of section 23 of the said Act shall be the market value of. such land on the date of publication of notice Subsection ( 1A) provides that in case of land included in any grant or settlement made Eor special cultivation, if it is lying fallow or uncultivated or is not utilized for the pu1'p0'se for which a grant was made or for incidental purposes, then compensation payable for acquisition of such land together with trees thereon shall be an amount equal to ten times the annual revenue which on date of publication of notice would have been payable, if such land is or had been assessable to revenue at full rates; i:E any arnount was originally paid to the Government by the grantee as price or premium for the land, an additional amount equal to the amount originally paid by the grantee shall also be payable.

When compensation has thus beenidetermi'ncd under I and 1A, the Collector shall make an award, in accordance with the principles laid down in section 11 of the Land Acquisition r'e.c't of 1894 which shall not include the amount referred to in sub-section (2) of section 23 of the Said Act.

\'Vhere land is requisitioned. under section 3, compen- sation shall be dcterminecl as follows:

(1) if there is agreement, the sum agreed would he paid as compensation, or {2} in the absence of agreement, the compensation would be

(a) for requisition of land and ('ea {or damage done during the period of rcrniisition other than that caused by natural causes.

When a person is aggrieved by the award under sub-sect§on. (2) of section '.F' or when there is disagreement as to compensation under subsection (3) of section 7. sec- tion 8 provides that the matter shall be referred to a decision of the court and that the provisions of thz Land Acquisitioii Act, 1394 shall mutatir mutandis hpply in respect of any reference made to the court under sub~ section (I)! I51

3. The Béhar Premises Requisition (t€J?tp0--J'm'_:; proirisionsfl Act, 1949 (XV of 1950), as amended by Acts XXII of 1951, IV of 1953 and XXXVI of 1954.

Section 3 confers the power to requisition any premises-. for a public purpose. It also provides for an opportunity to show cause against such order. It exempts premises. used for religious, charitable or educational purposes. 'Tfac order passed by the State Government rec',-uisitioning any premises shall be ﬁnal.

Section 11 lays down the procedure for fixing com- pensation. The compensation shall be the a_:_{1'e~::-.:l sum or in the absence of agreement the State Gm.rs':i'iii1i.::nt shall appoint a District Judge as arbitrator. Also }'J-L-'['S(.'ll.E'ul1EVll'1_Q' expert lmowledge may be nominatg-d by me Gr..~.-m-nmem. as well as the party to be compensated to assist the arbitrator to whom both of them shall ;-mat-2 as to what would be fair compensation. In making the award, lho arbitrator shall be guided by the provisions of sub--sectinn (I) of section 23 of the Land Acquisition Act, 1394. An appeal shall lie to the High Court against The order of 'me arbitrator. Excepting those provided under this Act', nothing in any law relating to arbitration shall apply. Compensation should also be paid for any dainage done during the period of requisition other than normal wear and tear. If agreement cannot be reached even in respect of this, the matter shall be referred to the arbitrator:

Section 12 enumerates the matters to be taken into con- sideration in ﬁxing compensation by agreement. They shall be the rent payable, reasonable expenses incuived aziue to change of residence and the damage or loss or income sustained by the person concerned between the date of service of order and the date of taking possession.

4. Bombay Land Requisition Act; 1948 (XXXIII of 1948), as amended by Acts II of 1950, XXXIX of i95[;= XL of-

1951, V of 1952, V o_l' 1953, XVII of 1955 and LN of 1955.

Section 5 confers the power on the State Government to requisition any land for the purpose of the State or any other public purpose. It exempts buildings wl1i«',h have been in the actual occupation of the landlord or the tenant for a continuous period of I3 months precedinr; "-: date

-of order.

Section T lays down that. llohvithstaiidlllg -:.ri_yt.}1ii1g contained i-n the Requisitioned Land (C-onti4.i-..t'vF'.ce of Powers) Act, 1947, the State Government inay in: et '1 hat zen}: land which was requisdionccl under ihat Act mn-

152

tinue to be subject to requisition under this Act for any purpose of the State or any other public purpose. Further, it provides that compensation in respect. of such land conti- nued subj ect to requisition shall be determined and paid in accordance with the provisions of this Act, excepting those agreements and awards made in respect of land earlier.

Section 8 lays down that an oﬁicer authorised by the State Government shall hold an inquiry and determine the amount of compensation which according to him would be just. ln arriving at the compensation, it is provided that he shall be guided by the provisions of subsection (1) of section 23 and section 24 of the Land Acquisition Act, 1894. The same oﬁicer shall decide any dispute as to the appor- tionment of compensation.

Sub-section (8) provides that an appeal shall lie within a period of 6-3 days against the decision of the officer to the High Court in Greater Bombay and to the District Court elsewhere, except in cases where the total amount of com- pensation does not exceed an amount prescribed in this behalf by the State Government. There shall be no further appeal against this.

Section 9(c) provides that in the absence of application for compensation within the time speciﬁed, the officer may determine ex parte the amount of compensation and apportionment.

5. The Madhyo. Bhomt' Req-uisttioning of Immoooble Property Act, 1954 (XXXV of 1954).

Section 3 provides that where the competent authority is of the opinion that property is needed for public purpose other than the purpose of the Union, it may requisition the property after the usual show cause notice with 15 days time limit to object, Properties bonoﬁdc used by the owner as his residence or property exclusively used for religious Worship or as school or hospital, library or orphan- age etc., have been exempted from requisition. Also, where the requisiticrned property consists of premises used as residence by a tenant for at least 2 months preceding the date of notice, the competent authority' shall 'provide alternative accommodation, Section 7 provides for the principles and the method of determining compensation. Compensation shall be the amount ﬁxed by agreement, or, in the absence of agre-ernent_ Government shall appoint as arbitrator a person qualiﬁed for appointment as a Judge of a High Court. The Govern-

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meet as well as the person to be compensated may nomi- nate assessors to assist the arbitrator before whom they shall state What in their respective opinion would be fair amount of compensation. The arbitrator shall make his award determining the compensation which in his opinion is just and also apportion, where necessary, according to the principles laid down. Nothing in the Arbitration Act, of 1940 shall apply to this case.

Compensation payable for requisitioning of any property shall consist of (a) a recurring payment equal to rent pay- able for the use and occupation of property for that period and (b) the sums necessary to compensate the person interested for (i) pecuniary loss due to requisitioning (ii) expenses for vacating and reoccupying the premises and

(iii) damages caused to the property during the period of requisition, including expenses incurred for restoring the property to its original condition.

Section 9 provides for appeals from orders of rcquisition_ Any person aggrieved by the order of the competent authority may, within 21 days, prefer an appeal to the Commissioner of the Division who, after giving an oppor- tunity to be heard, shall decide and such decision shall be ﬁnal.

Section 10 provides for appeals from awards in respect of compensation. Any person aggrieved by the award of the arbitrator may, within 30 clays, prefer an appeal to the High Court. ' 6'. The Central Provinces and Berarr Accommodation (Requisition-) Act, 1948 (LXIII of 1948) as amended by Act XXIX of 1951.

This Act enables the State Government to requisition, any accommodation for the purpose of (1') providing residence for any person holding an ofﬁce of proﬁt, (i1')_Iocating any public oﬁ'ice of the State Govern- ment or local authority.

Section 4 lays down the principles in accordance with which payment of compensation is to be determined in respect of accommodation re-quisitioned Lind-Er section 3,

(i) Where there is agreement as to compensation, the amount agreed to shall be paid.

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(ii) In the absence oi' agrcenient. Govermnent shall appoint a District Judge (or Additional District. Judge or Civil Judge having ju1'ls(iiCl.i0n over the area) as arbitrator.

( iii) At the commencement of the proceedings before the arbitrator, the Government as well as the person to be compensated shall state as to what. in their opinion is fair amount of compensation.

(iv) In making the award, the arbitrator shall b~ guided by sub-section (1) of section 23 oi' the; Land Acquisition Act, 1394 in so far as it can b-. made applicable and shall also have regard '*.~.~= reasonable expenses, ii' any, incurred by the occupier in vacating the accommodation [where such occupier is not cntitled to coInp::z:s3tio.;:i meiltioned in subsection (2A) belowl.

(V) An appeal shall lie to the High Court agaiml, the,- award.

(vi) Except where it is expressly provided here or under rules made thereunder, nothing in .:my law relating to arbitration shall apply to arbi':.ra.tions under this section.

Where the accommodation requisiiioned is held by 2. tenant, compensation shall be paid as follows:----

(i) In the case of month to month tenancy, compen- sation equal to a month's rent.

(ii) In the case of year to year tenancy or a fixed term (not exceeding one year) tenancy, c~:.'i:'n m- sation equal to two months' rent.

(iii) In" cases, of tenancy for a ﬁx-ed period exc~;--ediog an year, compensation equal to three ztwitlws' rent.

7. The Madras Requisitionéwzg mid Acquisition of I-w"..7rw"t-'- able Property Act. 1956 (XLH of 1956).

Its provisions are similar to those of the Contra' /Fat.

1952.

8. The lviad-ms Essen-tiol Articlczs Control and Reljt? _-«.'.-ow ing (lTemporm-y Powers) Act, 1949 (XXIX rt-r lF1=1-9), re-enacted by VI of 1956.

Section 4 provides that the State Government t3:;-_"

the purpose of maintaining, increasing and i'_".'L.l:'lrl.l); supplies of any essential article or for the cquiinlilc .list.'r'.r',--

155

bution of the same, by order in writing requisition any property. Property used for the purpose of religious wor- ship -has been eoternpted. It is further provided that build- ings solely used for residential purposes shall not ordinarily be requ.isitioned_ The State Government may acquire the requisitioned property by publishing a notice in the gazette to that effect.

Section 5 deals with the procedure and principles of payment of compensation for the requisitioned or acquired property.

Compensation shall be the amount fixed by agreement, or in the absence of agreement, the State Government shall appoint as arbitrator the District Judge or Subordinate Judge having jurisdiction over the area in which the pro- perty is situate. District Judge for this purpose includes a judge of the Madras' City Civil Court. Before the arbitrator the Government as well as the person to be compensated shall state what in their respective opinions is a fair amount of compensation. The arbitrator in making his award shall be guided by the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894 so far as it can be made applicable. He shall also have regard to the fact whether the acquisition is of a permanent or temporary character. It is also provided that where the requisitioned property is subsequently acquired, the arbitrator shall take into consideration the market value of the property at the date of the requisition and not at the date of its sub- sequent acquisition. It is also provided that an appeal shall lie to the High Court against the award of the.arbi- trator where the value of the subject-matter in dispute is Rs. 2000/- and above. Nothing in any law relating to arbitration shall apply to arbitrations under this section.

9. The Ortssa; Requisitiontng and Acquisition. of Immov- able Property Act, 1952 (XXIX of 1952) This Act provides for the requisitioning and acquisition of immovable property for purposes of the State of Orissa.

Section 3 lays down that if, in the opinion of the compe- tent authority, property is needed or likely to be needed for any public purpose (being a purpose of the State of Orissa) he may serve a show cause notice with ﬁfteen days time limit that such property is to be requisitioned. If, Ll Lawfﬁ 7_.11 156 after representation, requisitioning is deemed necessary the competent authority may do so by an order in writing.

However, exemption is granted in the following cases:

(1) where it is used by the owner as the residence of himself or of his family, (2) where it is used for purposes of religious wor-

ship or as school, hospital or public library or orphanage etc. Section 7 states that where it is found necessary, the State Government may by notiﬁcation in the gazette acquire the property so requisitioned for a public purpose in the following circumstances:

(a) where works (buildings, structures etc.) have been constructed on the property at the ex-

pense of the Government and the Government decides to preserve the same for the purposes of Government, or

(b) where the cost of restoring the property to its original conditions that existed at the time of re- quisition wouldbe excessive and the owner de- clines to accept release from requisition with- out compensation for such restoration to original condition.

The decision of the Goverarunent in respect of (a) and

(b) above shall be ﬁn-a1 and shall not be called in ques- tion in a court of law. _ Section 8 provides for the principles and the method of determination of compensation. The principles are as follows:--

(a) Where there is agreement, the amount agreed to would be the compensation.

(b) In -case of disagreement, the Government shall appoint a person who is or has been. or is quali-

ﬁed to be a District Judge as the Arbitrator.

(c) The Government may also nominate a person who has got expert knowledge as to the nature of the property to assist the Arbitrator and likewise the person to be compensated may also nominate an assessor.

(cl) At the commencement of the proceedings be-- fore the Arbitrator, the Government as well as the person to be compensated may state as to what in their opinion is the fair amount of compensation.

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(e) After hearing_ the Arbitrator shall make an award det-errninirig the amount of compensation which appears to liim to be just and in making the award, he shall be guided in so far as it is possible, by the provisions of sub-sections (2) and (3) below.

(f) The Arbitrator shall decide the persons entitled to receive compensation as well as the appor- tionment.

(g) Nothing in the Arbitration Act, 1940 shall ap- ply to arbitration under this section.

Compensation to be paid to requisitionecl property shall consist of-

(a.) a recurring payment for the period of requisi- tion of a sum equal to the rent payable for the use and occupation of the property, and (13) such sums as may? be necessary to compensate the person interested in respect of the follow- ing:

(i} pecuniary loss due to requisition;

(ii) expenses for vacating the premises;

(iii) expenses for re-occupying after release;

{iv} any damage other than normal wear and tear caused during the period of requisftion,_ including expenses incurred to restore the propertg' to the condition in which it was at the time of requisition.

Compensation payable for the acquisition of property under section 'Ir' shall be-

(a) the price which the requisitioned property would have i'-etched in the open market had it remained in the same condition as it was at the time of requisition and sold on the date of the acquisition. or

(b) twice the price which the requisitioneci pro- perty would have fetched in the open market, if it had been sold on the date of requisition, whichever is less.

Section 10 enables the person aggrieved by an order of requisition under sub-section (2) of section 3 to appeal to the State Government within 21 days from the date of the service of the order, 153 After callirag for report from the competent authority and giving apportunity to the party of being heard, the Government may pass orders which shall be ﬁnal.

Section 11 enables the person aggrieved by an award of the Arbitrator under section 3 to prefer an appeal to the High Court within 30 days of the award.

' 10. Pepsi: Requtsitioniog of Immooabla Property Act, ' 2006 BK-(I of 2006).

Section 3 provides that the Government may requisi- tion any immovable property, if in its opinion it is neces- sary or expedient ':0 do so. Property used for religious worship and property situated in a cantonment within the meaning of any law relating thereto shall not be re- qujsltioned.

Section 4 provides for the acquisition of the requisi- tzlonetl property by the Government by means of a notice published in the Oﬁicial Gazette to that effect.

Section 6 provides for the principles of conapensation. 'Where immovable property is requisitionecl or acquired compensation shall be paid, as follows:

Compensation shall be the amount ﬁxed by agreement or in the absence of agreement the Government shall appoint as 'arbitrator a person qualiﬁed uncler Article 21? (2) of the Constitution for appointment as :1 Judge of the High Court. The Government as well as the person to be compensated may nominate assessors to assist the ar'oitra-

tor before whom the parties would state what in their opinion would be fair amount of compensation. The arbi- trator in making the award shall have regard to the pro- visions of the law relating to the acquisiti--an of land in force for the time being. in the State so far as it can be made applicable. It is also provided that an appeal shall lie to the High Court against an award of the arbitrator except where the amount does not exceed the amount prescribed by the Government. Nothing in any law relat- ing to arbitration shall apply to this case.

11. The Punjab Requisititming and Acquisition of Immo-noble Property Act, 1953 {XI of 1953), as amended by Act XXIV of 1954 Section 3 confers power on the competent authority to requisition any property needed for any public purpose, being a purpose of the State, after giving a. show cause notice with 15 days time limit. It exempts property used 159 by the owner as residence or used for religious worship or as school, or hospital etc. Where the property has been used by a tenant as residence for at least 2 months prior to this date, then the competent authority shall not take possession without providing alternative accommodation.

Section '7 enables the State Government to acquire the requisitions-d property for a public purpose by publishing _ a notice to that effect in the gazette and after giving op-

portunity of being heard against such acquisition. Such acquisition shall be in respect of the following only:

1. Where during the period of requisition, any works have been constructed at the expense of State Government and the Government decides that it should be secured and preserved for the purpose of Government.

2. Where the cost of restoring the property to the original condition would be excessive and the owner declines to accept release from requisi-

tion without restoration to original condition.

Decision of the State Government in this respect shall be ﬁnal.

Section 3 lays down the principles and the method of deterrnining compensation. The compensation shall be the amount ﬁxed by agreement, or in the absence of agree- ment, the State Government shall appoint a person having the qualiﬁcations of a Judge of a High Court as an arbitra- tor. The Government as well as t-he person concerned may nominate persons having expert knowledge to assist the arbitrator before whom they shall state what would constitute fair amount of compensation. The arbitrator shall determine what appears to him to be just compensa- tion and also decide the apportionment. In arriving at the compensation, he shall be guided by the following:

In case of requisitioning (a) a recurring payment for the period of requisition of a sum equal to rent payable for the use and occupation of the property, (b) the amount necessary to compensate the person interested for pecuniary loss, the expenses for vacating and re- occupying, and for damages caused during the period of requisition, including expenses necessary to restore the property to the original condition.

The compensation for acquisition of the requisitioned property shall he:

160

(1) the price which the requisitioned property would have fetched in the open market if it had remained in the same condition as it was at the time of requisitioning and sold on the date of acquisition, or (2) twice the price which the requisitioned pro-

perty would have fetched in the market if it had been sold on the date of requisition, which- ever is less, ' Section 19 provides that the person aggrieved by an order of requisitioning -made by the competent authority may, Within 21 days, prefer an appeal to the State Gov- ernment whose decision shall he ﬁnal.

Section 11 provides that the person aggrieved by the award of the arbitrator may, within 30 days, prefer an ap- peal to the High Court.

12. The Rajdsthan Reqnisitioning of Lona'. (Improvement of Agriculture) Act, 1951 (XXIX of 1951) It provides for the requisitioning pf land for certain public purposes.

On the application by the cornpetent authority that land is needed or likely to be needed for public purpose under section 3. the Government shall hold an enquiry under section 4: and, if satisﬁed may by order in writing requisition such land, Section 6 provides for the payment of compensation which shall be determined by an officer authorized in this behalf by the Government.

In determining the same, the Oﬂicer shallube guided by the provisions contained in the Schedule which are to the following effect:

(1) Matters to be taken into consideration in ﬁxing the amount of compensation are the same as those mentioned in section 23 of the Land Ac-

quisition Act. However, the provision for the 15 per cent solatium provided in the 1894 Act is deleted. ' (2) For the purposes of market value speciﬁed in para 1 above, the following is laid down:

(a) market value shall be according to the use to which the land was being put at the date with reference ta wihich the market value is to 161 be determined; however, the element of potential value, if any, contained in the price actually paid for similar use transferred for any more lucrative use shall not be admitted;

(b) If, before the said date, the owner had taken active steps and incurred expenditure to secure a more proﬁtable use of the same, compensation based on his actual loss may be paid to him;

(c) market value which is high due to a use which is unlawful or contrary to public policy shall be disregarded in the assessment;

(d) any increase in market value due to im-

provement made within two years before the said date shall be disregarded if it was not done in good faith;

(9) increase or decrease in market value due to the land falling within or near to the align- ment of a projected public street shall be disregarded;

(f) the high market value caused by the build- ing being so overcrowded as to be dangerous to the health of inmates shall be disregarded and only such value which the building would be worth if occupied by such number of persons as the building would safely ac- commodate would be taken into considera- tion;

(g) for the purpose of determination of market value, the rent of the land or building shall not be deemed to be greater than the rent _ shown in the latest return made to the Gov- ernment or local authority, provided due consideration will be given to any improve- ments effected after such latest return.

(3) As regards matters that shall not be taken into consideration in determining the amount of compensation for the requisit-ioned land, the Provisions a1'e.th:e same as those in Section 24-

"or the Land Acquisition Act of 11394.

162

(4) Besides the above, in the determination of (-om~ pensation the following provisions shall also be taken into account-- -

(i) any interest, in land requisitioned, acquired after the date of the order under section 4 shall not entitle to any separate estimate of the value of such interest so as to increase the quantum of compensation;

(ii) if any building is in a defective state . from sanitary point of view or otherwise, the com-

pensation for the same shall notiexceed the value of the building after restoration to good condition minus the cost of restoring the same to such good condition;

(iii) if a building used or likely to be used for human habitation is not reasonably capable of being made ﬁt for human habitation, com- pensation shall not exceed the value of material of the building minus the cost of demolishing the building, Under sub--clause (4) of section 6, an appeal shall lie against the decision of the oﬂicer regarding compensation as determined above to the District Judge within whose jurisdiction the requisitioned land lies and such appeal Shall be made within a period of 60 days.

Section 3 provides for the pay_ment of _co£ip_en_s_aEa£1 for damage, if any, caused to- t-he land otherﬁ than by reasonable use_ thereof or by irresistible force--such com-

pensation to be determined by the officer mentioned above, subject to an appeal to the Government within a period

-of 30 days and it shall be ﬁnal.

13. The Rajasthan Premises (Requisition and Eviction) Ordinance, 1949 (XI of 1949), as amended by the Rajasthan Premises (Requisition and Eviction) Ordzk mince (Amendment) Act, 1952 (XVIII of 1952).

Section 3 lays down that where it appears r_1Je-_ce§e'_.ary to the competent authority that any premises is needed or likely to be needed for a public purpose he may make an order requisitioning the same. However, where the land- lord is using the premises for his residence, alternative accommodation may be provided. Further, prernises used 163 for purposes of religious worship or as school hospital etc. are exempted from such requisition.

Section 5 of the Ordinance provides that a person ag- grieved by an order of requisition may, within seven days from the date of communication of the order, appeal to the authority appointed in this behalf by the Govern- ment.

Section '7 of the Ordinance dealing with compensation was substituted by section 3 of the Rajastha-n Amendment Act, 18 of 1952 which lays down the following principles:

(a) in case of agreement, compensation shall be the agreed sum;

(b) in the absence of agreement, the Governmient shall fix a ﬁgure which will ensure to the land lord a 5 per cent return on the value -of the premises assessed at the actual cost of construc-

tion of the premises with an adjustment to existing levels. of construction cost and with due regard to the age and condition of the pre- mises at the time of requisition;

(c) the amount of compensation ﬁxed as in (lo) above shall be inclusive of all local rates, taxes, duties etc. imposed on the owner thereof;

(:1) if the landlord is dissatisﬁed with the amount fixed under clause (lo), the Government shall. in consultation with the Chief Justice of Rojas- than, appoint as arbitrator, a person (qualiﬁed for appointment as District Judge) to decide whether the compensation has been correctly ﬁxed in accordance with the principles laid down in clauses (b), (C) and (d);

(e) in suitable cases Government may nominate a person having expert knowledge to assist the arbitrator, likewise the person to be compen- sated may also nominate an assessor.

14. The Tmvrmcore Cochin Requisittomiog and Acquisition of Property Act; 1955 (I of 1956).

This Act provides for requisitioning and acquisition of property for public purposes-----prop-erty covering both movable and immovable property of every kind, including any rights in and over such property.

$ecti-on 3 lays down that if the Government is of the opinion that property is needed or likely to be needed for any public purpose. the same may he requisitioned after 164 giving notice in writing to show cause why it should not be requisitioned and if the Government is satisﬁed that it is necessary to do so after inquiry and hearing of the representations made by the person interened, it may requisition the same by an order in writing.

However, property used by owner as his residence or of his family' and those exclusively used for religious woi- ship or as school, college, hospital, dispensary, library or orphanage or other similar charitable institutions or for the purposes of persons connected therewith would be exempted from such requisitioning; in case of the pre-mises being occupied by a tenant, Government shall be under an obligation to provide an alternative accommodation, Section '? deals with the power to acquire requisitioned property. Any property subject to requisition may be acquired for public purpose, if necessary, by publidiing a notice in the gazette to that effect and after giving an opportunity to the persons interested to make their objec- tions.

Such acquisition can be done only in the following circumstances:--

{a) where any works (buildings, structures,

- improvements etc.) have been construct-ed on the property during the period of requisition at the expense of Government and it is decided to keep the value and the right to use of such works for the purposes of the Government;

(1)) where the cost of restoring the property to its original condition at the time -of its requisition would be excessive and the owner declines to accept the release without payment of compensa-

tion for such restoration to original condition.

The decision of the Government in respect of (a) and

(b) above shall be ﬁnal and shall not he called in question in any court.

Section 8 lays down th:Lp§n£ples_sndﬂedI1Ethc»d_o§ detemninjng compensation.

Where immovable property is requisitionecl or acquired-

(a) if any agreement can be reached, the amount of compensation shall be the agreed sum;

(in) in the absence of agreement Government shall appoint_ a person (having the qualifications of a High Court Judge) as arbitrator;

165

(c) if necessary, person having expert know'..edge may be nominated by the Government to assist the arbitrator; likewise, the person to be compen- sated may also nominate an assessor;

(d) at the commencement of the proceedings, the Government and the person to be compensated may state as to what in their opinion would be Eair amount of compensation; '

(c) after the hearing, the arbitrator shall make an award ﬁxing the compensation which appears. to him to be just and having regard to sub--sections (2) and (3) below;

{E} apportionment shall be made by the arbitrator ii' there is any dispute;

(g) provisions in the Arbitration Act, 1940 shall not apply to arbitration under this section.

Amount of compensation for requisitioning immov- able property shall be :

(a) a recurring payrnent for such period of a sum equal to the rent payable for the use and occupa-

tion -of the same; and

(b) the sum necessary to compensate for

(i) pecuniary loss due to requjsitioning;

(ii) expenses for vacating and reoccupying;

(iii) damages (other than normal wear and tear) caused to such property and expenses for res- toration of the property to its original condi- tion.

Compensation. for acquisition of immovable property under section '1' would be the price which the requisi- iioned property would have fetched in the open market had it remained in the same condition as it was at the time of requisitioning, and been sold on the date of acquisition.

Section 9 provides that the compensation payable under the award shall carry interest at 6 per cent from the date o-n which it becomes payable in the award.

Section 10 lays down that an appeal against the award under section 8 may be preferred to the High Court within a period of 60 days.

Section 12 lays down the principles governing compen- sation Where movable property is requisitioned or acquired.

166

in case of requisitioning, rules for payment of com- pensation shall provide for the payment of rent or other return which the property would normally fetch if allowed to be used, In case of acquisition, the rules shall provide for the payment of compensation at the market rate prevailing on the date of acquisition.

15. Tire U.P. (Temporary) Accommodation Requisition Act, 1947 (XXV of 1947), as amended by Acts XIII of 1950, XXII of 1952 and XV of 1954.

Section 3 enables the District Magistrate to requisition any accommodation, if it is necessary to do so in his opi- nion. Buildings used exclusively for religious worship have been exempted. Further, buildings in-actual occupation of a person shall not be requisitioned, unless the District Magistrate is of the opinion that suitable alternative accom- modation exists or has been provided to him.

Section 5 provides for the District Magistrate to pay compensation for the requisitioned accommodation if an agreement can he arrived at.

In the absence of agreement, section-G provides that compensation shall be paid as determined by the court on a reference made to it by the District Magistrate. The court, in deciding the reference shall be guided by the pr~Dv..si0nS of sub--section (1) of section 23 of the Land Acquisition Act of 1894. The court shall also take into consideration the reasonable expenses incurred in getting accommodation. The decision of the court shall have the force of a decree.

Section 7' provides that, notwithstanding anything to the contrary in any enactment for the time being in force, no appeal or revision shall lie against the decision of the court under section 6.

16. The Vmdhya Pmdesh Requisittoning and Acquisition of immovable Property Act, 1953 (IV of 1953)..

Section 3 provides that where }m)8£ty is needed for any public purpose, being a purpose of the State the com- petent authority may requisition the same after the usual show cause notice with 15 days time limit to object. Proper- ties bonaﬁde used by the owner as his residence or used for religious worship or school, hospital, library, orphanage etc_ have been exempted, Further, if the requisitioned property was being used as a residence by a tenant for not less than 2 months immediately preceding the 'date, the competent authority shall provide alternative accommodation.

167

Section 'I confers the power to acquire requisition-ed property whenever the State Government is of the opinion that it is necessary to do so for a public purpose, by pub- lishing a notice in the Official Gazette and after giving an opportunity of being heard. Such acquisition is confined"

only to two cases, ﬁrstly, where any works have been con- structed on the property and the Government decides that it should be secured for the purpose of the State Govern- ment and secondly, where the cost of restoring the pro- perty to its original condition would be excessive and the owner refuses to accept release without compensation for such restoration.

Section 8 lays down the principles and methods of deter- mining compensation. It shall be the amount ﬁxed by agreement or in the absence of agreement the State Gov- ernment shall appoint as arbitrator a person qualiﬁed to be a judge of a High Court. The party as well as the Govern- ment may nominate persons to assist the arbitrator before whom the party shall state as to what in their opinion would be fair amount of compensation. Nothing in the Arbitration Act shall apply to this case.

The compensation payable for requisitioned property shall consist of recurring payment equal to the rent pay- able for the use and occupation of the property and the sums necessary to compensate for (1) pecuniary loss, (2) expenses for vacating and 1'-eoccupying and (3) damages caused to the property during the period of req-uisition, including expenses incurred for restoring the property to the original condition.

It is also provided that where property has remained under requisition for more than 3 years, the rent payable as compensation for requisition, whether ﬁxed at the request of the OWIIIEP or otherwise, may be revised and the periodical compensation redetermined.

Compensation payable for acquisition of the requisition- ed- property shall be :--

(a) the price which the requisitioned property would have fetched in the open market if it had remained in the same condition as it was and been sold on the date of acquisition, or

(b) twice the price which the requisitioned property would have fetched in the open market, if it had been sold on the date of requisition, whichever is less.

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Section 10 provides for appeals from orders of requisi- tion. Any person aggrieved by the order of the competent authority may, within 30 days, appeal to the State Govern- ment who shall decide after hearing the parties and further inquiry and such decision shall be ﬁnal.

Section 11 provides for appeals from awards in respect of compensation. Any person aggrieved by an award of the arbitrator may, within 30 days of the award, prefer an appeal to the Judicial Commissioner.

17. The West Bengal Land (Requisition and Acquisition) Act, 1948 (II of 1948), as amended by VII of 1951, VIII of 1954 and XXV of 1956.

Under Section 3, the power to requisition is given to the State Government, or any person authorised, for two purposes (1) for maintaining supplies and services essential to the life of the community, or (2) for transport, communication, irrigation or drainage. Land used for religious worhip has been exempted from the purview of requisition.

The land requisitioned under section 3 may be acquired by notiﬁcation in the Official Gazette to the effect that it is required for public purpose.

Sub-sections (1) and (2) of section 7 deal with compen- sation to he paid for acquisition while sub-sections (3) and (4) deal with compensation in case of requisition.

Compensation for land acquired under section 4 is to be determined by the Collector according to the principles laid down in section 23 of the Land Acquisition Act of 1894 and the market value is as on the date of publication of notice mentioned in section 4. After determination, the Collector shall make an award as under section 11 of the Land Acquisition Act of 1894 and the amount speciﬁed in sub-section (2) of section 23 of that Act shall not be included in this award. However the award shall include interest at 6 per cent on the compensation amount from the date of notiﬁcation to the date of payment, according to sections 31 to 33 of the Land Acquisition Act, 1894, In case of compensation for requisition, it will include

(a) compensation for requisition made, and (in) compensation for any damages done during the period or requisition.

169

The principles governing the determination of compen- sation are as follows:---

(1) 'Where there is agreement, then the sum agreed would be the compensation.

(2) Where. the person is not traced or does not appear, ﬁhat sum which appears to the Collector to be reasonable under the circumstances of the case would be the compensation.

(3) In case of disagreement, the sum to be deter- mined by the court on a reference made by the Collector under section 8 would be the compen- sation.

If the party is -aggrieved about the award of compensa- tion for acquisition, or in cases of requisition if the party does not consider the sum awarded as reasonable or is disagreed as to the amount, section 8 enjoins the Collector to refer the matter to -the decision of the Court.

In respect of reference made to the Court, the principles set out in sub--sec-tion (1) and in clause (a) of subsection [2] of section 7 of this Act would apply.

18. -The West Bengal Premises Requisition and Control (Te-mpomry P-rooisions} Act, 194'? (V of 194?), as amended by Acts IV of 1949, XV of 1950, X of 1953 and VII of 1954.

With the exception of premises used for religious wor- ship, any premises may be requisitioned by the State Government for any public purpose by an order in writing and such order shall be ﬁnal.

Section 11 lays down the procedure for ﬁxing compen- sation. .

Compensation shall be paid as fo1lows:-----

(a) If agreement is reached, the sum agreed.

(in) In the absence of agreement, the Government shall appoint a District Judge or an Additional District Judge as an arbitrator,

(c) The Government may also nominate :1 person having expert knowledge as to the nature -of the premises as an assessor; likewise, the person to be compensated may also nominate an assessor.

(dl At the oommencement of proceedings before the Arhitraoor, the Government as well as the person 170 to be compensated may state what in their is fair amount of compensation.

(E2) The Arbitrator shall be guided by the provisions contained in section 12 below.

(fl An appeal shall ﬁe to the High Court against the Arbitratofs award.

(:1) Except for what is expressly provided herein or under this Act, nothing relating to arbitration shall apply to the arbitration mentioned here.

It', apart from natural wear and tear or other natural causes, any damage is done compensation shall be paid for that as well; here also in case of disagreement, arbitrator will decide the point.

Section 12 deals with matters to be considered while fix:-rig compensation, The following factors will be t.a~ken into consideration:--

(1) Rent nayable in respect of the premises.

(2) Reasonable expenses incidental to change of residence or business, if any, caused, (3) Damage or loss of income sustained between (late of service of order under section 3 and date of taking possession

19. The Waste Land (Requisitioning and Utilize-tion) Act, 1952 (IV of 1952), as amended by Act XXIX of 1954- This Act is intended to requisition waste land for certain public purposes with a View to better utilization thereof and other connected matters, Under section 3, the Collector may, by notiﬁcation in the Ofiicial Gazette, require persons interested to show cause as to why the land in question should not be requisi- tioned.

Section 4 enables the interested persons to petition to the Collector in response to the above notiﬁcation within the speciﬁed time. They are also given the opportunity of being; heard. If after inquiry and hearing, the Collector considers it necessary, he may issue the requisition order.

Section 6 provides 'for the arrangements to be made for bettar utilization of the requisition-ed waste land. In respect of the said land anything ancillary or incidental to the full utilization may be done.

171

The sum payable under this section is not less than the compensation amount payable by the Collector under section 8.

Section 3 governs all matters relating to compensation.

Every person interested shall be entitled to compensa- tion for so long as his interest subsists and not heyond the date of release under section 10. It shall be determined as follows:

As soon as may be, after taking of possession under section 5, the Collector shall determine.

(a) if it is occupied by tenant or lessee (1) the annual rent and cesses payable by the tenant for lessee for the land, and

(ii) the average net annual income derived from the land during three years immediately pre-

ceding the said date or if there is no such income, during the said period, 3 per cent of the market value of the interest of the tenant or lessee in the land on the date of notiﬁcation under section 3;

(b) if occupied by proprietor, the average annual income derived during three years immediately proceeding the date and where no such income is. derived, a sum equivalent to 3 per cent of market value of such land on the date of notiﬁcation.

(c) if occupied by any person other than tenant of lessee or proprietor, interested in the land, the average net annual compensation derived from such land by the person in occupation during three years preceding the date and where no such income was derived a sum equivalent to 3 per cent of market value of such land on the date of notiﬁcation.

The Collector shall order payment of compensation on each anniversary of the date of taking possession under section 5 for the duration referred earlier by the State Government to the respective persons mentioned in {.3},

(b) and (c) above.

Section 10 lays -down that in no case shall the period -of requisition of waste land exceed 20 year period. Subject to this, the Collector may keep the land under requisition for 172 such period as to enable the person entrustecl with the task of better utilization to recover any capital or recurring expenditure incurred by him and also for reasonable margin of profit.

Section 11 enables the parties aggrieved by requisition order under section 4, or eviction order under section 7 or compensation order under section 8 to appeal to the pres- cribed authority whose order on appeal shall be final and cannot be challenged in a court of law.

SECTION H---CONTINUANCE Acre .

1. The Madhya P1-ciclesh Requisitioned Land (C.'onti=rm¢mce of Powers) Act, 1951 (IX of 195]) In respect of lands requisitioned under the Defence of India Act, 1939 (since expired), the Requisitioned Land (Continuance of Powers) Ordinance, E956 and the Requisi- tioned Land (Continuance of Powers) Act, 19-17 provided for the continuance of such powers of requisition. With the expiry of the 1947 Act, the present Act of 1951 was passed to enable to keep the requisitioned land under requisition. According to section 5, any requisitions-d land which continues to be subject to requisition under this Act may be acquired by publication of notice in the Gazette in the following cases:

(a) where any works (buildings, structures etc.) have been constructed on the said land at the 'Expense of the Government and the Government decides to preserve the value and the right to use of such works for Government purposes; or

-(b) where . the cost of restoring the land to the original condition that existed at the time of requisitioning would be excessive and the owner declineszto accept release from requisition with out compensation from Government for which restoration to original conditor, The decision of the Government in respect of {a} and

(b) above shall be ﬁne] and cannot be challenged in a court of law.

Section 6 provides for compensation for continued requisition as well 235 for acquisition of requisitioned land.

Compensation in respect of the continued subjection of _ requisitioned land to requisition shall be cletcnnined in accordance with section 19 of the Defence of India Act.

-1939 -and rules made thereunder.

173

Vtlompensation for acquisition of requisitioned land would-be

(a) a sum suiﬁcient to purchase at the market value prevailing on the date of notice under section 5 a piece of land equal in area to and situated within a distance of three miles from the acquired land, and suitable for the same use as that to which the acquired land was being put imme- diately before the date of its requisition, or

(b) a sum equivalent to twice the market value of the acquired land on the date of requisition, whichever is less.

Such amount shall be determined and paid according to the procedure laid down in section 19 of the Deﬁance of India Act, 1939 and rules made thereunder.

2. The West Bengal Requisitioned Lcand (Continuance of Powers) Act, 1951 (VIII of 1951), as amended by Acts X of 1954 and XXXVI of 1954.

This is an Act to provide for the continuance of powers exercisable under the Defence of India Act, 1939 (since expired) in respect of land requisitioned thereunder, In respect of immovable property subject to requisition effected under rules made under the Defence of India Act, 1939 and other ordinance etc. notwithstanding the expiry of the period of operation of the said Act, all requisitioned land will continue to be subject to requisition.

Section 5 as amended by the 1954 Acts provides as follows :--

(1) If 'the requisition land is decided to be acquired for public purpose, he State Government may do so by publication of notice in the Official Gazette after giving opportunity to the party to prefer objections to such acquisition and of being heard.

This may be done in the following circum- stances :---

(a) where works buildings, structures etc.) have been constructed on the requisitioned land at the expense of the Government and the Government decides to preserve the value and 174 the right to use of such work for Government purposes, or

(b) where the cost of restoring the land to the conditions prevailing at the time of requisition will be excessive and the owner refuses to accept release from requisition without com- pensation Lfor such restoration to original condition.

Decision in respect of (a) and (b) above of the State Government shall be ﬁnal and cannot be challenged in a court of law.

Section 6 lays down that in case of continued subjection to requisition, compensation shall be according to section 19 of the Defence of India Act, 1939 and the rules made thereunder.

In case of acquisition of such land, it was provided in 1951 Act as follows :------

The amount of compensation shall be

(i) such sum as would be sufiicient to blly at market rate prevailing on date of notice under section 5 a piece of land equal in area to,. and situated within the distance of three miles from the acquired land and suitable for the same use to which the acquired land was being put imme-- diately before the date of requisition, or

(ii) a sum equivalent to twice the market value of the land on the date of requisition, whichever amount is less.

This is to be determined according to section 19 of t-he Defence of India Act, 1939.

The above principles embodied in section 6 of the'1951 Act were substituted by t-he following provision. contained in Act X of 1954.

The amount of compensation would be-

(1) the price which the requisitloned land would have fetched in the open market, if it had remained in' the same condition as it was on the date of requisitioning and had been sold on the date of acquisition, or (2) -twvice the price which the requisitzioned land would have fetched in the open market, if it had been sold on the date of requisition, whichever amount is less.

The Requisirianing I75 PART III--TABULAR STATEMENT Central Act State Acts I.--PowEn T0 RJEQUISITIDN and Acquisition of lgltgrtgvable Property Act, 1952 (XXX of Section 3_ (I) Where the competent authority is of opinion that any property is needed or likely to be needed for any public purpose. being a purpose of the Union and that the property should be requisitioned, the competent authority-

(a) shall call upon the owner or any other person who may be in pos-

session of the property by notice in writing (specifying therein the purpose of the requisition) to show cause within ﬁfteen days of the date of the service of such notice on him, why the property should not be requisitioned; and

(b) may, by order, direct that neither the owner of the property nor any other person shall. without per-

mission of the competent authority, dispose of or structurally alter the property or let it out to a tenant until the expiry of such period, not exceeding two months, as may be speciﬁed in the order.

(2) If, after considering the cause if any, shown by any person interested in the property or in possession thereof, the compe- tent authority is satisﬁed that it is necessary or expedient so to do. it may, by order in writing, requisition the property and may make such further orders as appear to it to be necessary or expedient in connection with the requisitioning: ' Provided that no property or part there- ul'-- '

(a) which is bonaﬁcle used by the owner thereof as the residence of himself or his family; or ' '((9) which is exclusivelyused either for religious worship by the public or as a school, hospital, public library or an-orphanage or for the purpose oi'_accommodation of person con- nected with the management of such "place of worship or such school hospital, library or orphanage shall ' be rcquisitioned :

l.Tl1e Andhra Requisitioning of Buildings Act, 1954 (H ofl954).' Section 4 enables the competent authority to requisition any buidling for public purpose with the obligation on the part of the authority to pay 4 month's rent and reasonable expenses for vacating and reoecupying as compen- sation, or 2 months noticeinstead where the building is in the occupation 01' El tenant or licensee. The usual show cause notice with l5 days time limit to object is also provided Requisition can in no case exceed 5 years.

2, The Assam Land (Requisition 8: Acquisi-

tion Act, 1948 (X.7£IVof 1948) as amended:

This seeks to provide for requisition and speedy acquisition for maintaining service essential to the community and transport irrigation. etc, Execpting land used for religious or charitable ptnposc and build- ing occupied by the owner foratleast one year prior to the order, Government may requisition for the purposes specified, LA . The Bihar Premises Rcquisirior: (Tempo- rary Provisions) Act, 1949 (XV of I950) as amended: Section 3 provides or requi- sition of any premises for public purpose with the usual show cause notice etc. Premises used for religious, charitable and educational purposes are exempted. The requisitioning order passed by the State Government shall be ﬁnal.

4. The Bombay Land Requisition Arr, 194R (XXXIII of 1948) as amended: Section 5.

confers the power on the State Government to requisition any land for State or public purpose. Itexempls building in the actual occupation of the landlord or tenant for a period of 6 months prior to the date of order, Section 7 enables the Government to continue to keep under requisition any land requsitioned under the Continuance or Powers Act, 1947.

5. The I Madlzya Bharat Requisititlning of Immovable Properties Act, 1954 (XXXV of I954) :SaInc as Central Act.

6. T he C. P. & Berar Accommodation (Requisition) Act, 1948 (LX111 of 1948); This Act enables the State Government to requisition any accommodation for provid- ing residence to persons holding ofﬁce of proﬁt or for locating public cﬂice, etc. 1.76 Ceniral Act State Acts Provided further that where the requisi- u'oried_ property consists of pierriises which are being used is a residence by a tenant for not_leu than two months immediately pre- ceding the date of the service of notice under sub--aection (I), the competent authority shall provide such tenant with altenatiwfe accommodation which, in its opinion, 15 suitable.

7. The Madras Reqiu'si'u'om'irg and Acqur'.ri'§ tier: of lmmoirairle Property Act, 1956 (XLIJ of 1956) : Same as Cemral Act.

8. The Madras Ersenrial Articie Centre! 3: Reqt.-i'.si'1i'oii (Temporary Power) Act 1949) XXIX ofl949). re-Enacted by (V! of 1956): Section 4 ehablizs the State Government to requisi_tiori tiny property for the purpose of molntamlng supplies- of any essential article etc. Property used for religious worship 'and for rcsidencial purposes has bait-i exempted.

9. The Drism Requisiliouing and Acquil-it tier: of immovable Properly Act'. 1952 (XXIX of 1952) : Same as Central Act.

10. Puma Requ1's1'tioni'ng of Immovat-i'e Pro- party .4c_i, 2905 Bk. (1 of 2905). If In its opinion it is necessary or €X|J€dCl_1T. to do so the State Govt. may requisi- tion any immovable property expeplmg those used for religious worship and those situated the caritorimcnt area.

1]. The Punjab Reqiiisitioning and Acquisi- Jion of Jmivwivable Rroperny or, 1953 (XI of1953) as -amended : Same as Central Act.

12. The Rqihrthan Requisiribning of 1.ai-id' (Improvement of Agriculture) A-rr, I951 [XXIX of 1951): 01: application by the competent authority the Govemrnenl after holding an inquinr and on being satisﬁed may requisition land for public purpose.

13. The Rajastharz Premises (R:-quisilrian and Eviction) Ordimnce. 1949 (XI of 1949) ammended byAe_r 18 of1952: The competent authority may requisition any premises (except those used for religi- ous worship, school. etc.) for public purpose.

I-4. The T. C. Rcqm's1ﬂ'o.rti"r:g' arid Acqutkfrfon ofPropert Act. 1955 (I of I956): Same as Centra Act.

15. The U.P. Temporary .-Iccomniodation Requisition A_cr., 1947 {XX1«';;f 194'?) ai- amended: If in his opinloriit is necessary to do go the District Magistrate may l_'Eql.Il5lIIOIl any aocc-mmodtition except- mg those used for religious worship or those 1:: actual occupation of the person.

16. The V. P. Reqtzﬁriiioning and Acqufsﬂion of Immomble Properly Aci, 1953 [IV of 1953) : Same as Central Act.

7'3.' Central Act State Acts

17. The H-'e.s'r Bengal Land Reqtritiﬁoﬂ & Acquisition) Act, 1948 _(II of 1948} as aménded For maintaining . supplies essential to thc life of the community 01' for transport etc. the State Government or any other person authorised to this behalf may requisition any land except- ing those used for religious worship.

18. The W. B. Premises Requisition and Contra! (Temporary Pros-llrions} Act, 1947 { Vaf 1947) as amended : With' the excep- tion of premises used for re11§;io_us.wor- ship any premises may be requlsitionod by State Government for any public purpose and such order shall bc ﬁnai.

The Waste Land {Hequrkitioiting and UrI'!|'.mﬂ'o.n) Act, 1952 (IV of 1952} as amemicd:The Collector alter usual show cause notioe, inquiry and hearing may requisition my waste land for cer- tain public purposes with a View to better utilisation thereof.

19. Corrtinuance Acts The M. P. Requ:'s:'n'onea'_ Land (Conti- mrance of Powers) Act, 1951 (II of 1951] This Act was passed to enable to keep the land rcquisitioncd under the Defence at lands Act, 1939 under continued requisition.

The West Bengal Requisirianed land Continuance ofPawer.s') Act _ 1951 (VH1. of1951) as amended : This was passed for the continuance of powers exercis- able _undcr the Defence of Inqia Act 1939111 respect of land rcqulsitioncd thereunder.

I'-I u

11. Powart "ro Acoutluz REQ-UISIIIDNI-ZD PROPERTY 'Hie RequisirI'om'ng and Acquisition ofIrmmw- able Properly Act. 1952 (X.1'.l."of I962).

Set-n'an P'.--_'i'§'hcrc any property is subject to requisition the Central Govern- ment may, if it is of opinion that it is neces- 'BB1'? to acquire the property for a public ose_, at any 'lime acquire such property . y publishing in tho Otfrcial Gazette a notice to the cffcct that the Central Government has dcc1dcd_to 3Cql.lL1'B the property in pm'- suanoc of 'thls 'on :

provided that before issuing such notice, the Central Government shall call upon_the ow-ocr_ of, or any other person who, 11'! the opugion of tlte_Contrat Govern- ment, may be interested In such property to show_ cause why the property should not be 3°'-l|11l'Bd; and after considering the causc.

1. The Arrdlrra Pradesh Requl'.s|'tr'am'7I3 of Buffdiug Act, 1954. (Xfof 1954): No provision for subsequent acquisition.

The Assam Land Requisition St .'ICqul'S'I'ﬂ70n Act, 1948 (XXV of I948) .- If neces- sary the Government may acquire the requtsitioned land by notiﬁcation in the (_)B"1cial Gazette and apply the provi- sions of the L. A. Act. 1894.

Tire Bihar Premises Requisma It ( Te myo- rary Provisions) Act, 1949 [XV of 1950} as arnermdezf : 'No provision for subse- quent acquisition.

4. The Bombay Land Reqm'sz'a'ion Art, 1948 (XX._1'l'fI of 1948) as amem1lm'- No ]3'FD'vJ£io1'1_ for subsequent acquisition.

178

Central Act State Acts if any. shown by any person interested the property _and after giving the parties an opportunity of being heard. the Central Government may pass such orders as it deems ﬁt.

- (2) When a notice as aforesaid is published in the Otﬁcial Gazette the requisi- tione'd_ property shall on and from the beginning of the day on which the notice is published. vest absolutely in the Central Govcrninent free from all encumbrances and the period of requisition of such property shall end.

(3) No property shall be acquired under this sestion except in the following circums- tances, namely :----- ' , _(a) where any works have, during the period ofrequisinon. been constructed on, in or over. the property wholly or partially at the expense of the Central Gov- ernment and the Government decides that the value of. or the right to use. such works should be secured or preserved for the pur- poses of Government ; or

(b) where the cost of restoring the pro- perty to its condition at the time of its re- quisition would. in the determination of the Central Government, be excessive and the owner declines to accept release from requisition ofthe property without payment of compensation for so restoring the property.

(4) Anydecision ordctermination of the Central Government under sub-section (3) shall be _final and shall not be called in question in any court.

(5) For the purposes of clause (a) of sub-section (3) "works" includes buildings, structures and improvements of every description.

5. The Mndliyo Bharai' Reqiiisitianiizg of Immovabfe property Act, 1954 (XXX V of 1954) .:_ No provision for subsequent acquisition.

6. The C. P. & Berar Accommodation- (keqiiilrition) Act, 1948 (LX111 of _19¢_lB):

No provision for subsequent: acquisition.

7. The Madras Requisltioning and Acquisi- tion of Immovable Property Act. 1956 (XLII of 1956) : Same as Control Act.

5. The Madras Essential Ar-ri'c.'e Control & Requisition (Temporary Powers) Act'. 1949 (XXIX of 1949) re-enacted by (V! of 1956) : The Government may acquire requisitioned property by notiﬁcation in the Olﬁcial Gazette.

9. The Orissa Reqirisirioning and Acquisition of Immovable Property Act. 1952 (XXIX of 1952) : Same as Central Act.

10. Pepsu Requisirioning of Im.-novoble Pro- perry ACT, 2006 Bk. (1 Uf2005) The Government may acquire rcquisitioncil property by notiﬁcation in the Oﬂicial Gazette lu that effect.

11. The Punjab Requisiiioning and Acqiu'.i'i- tion of Imniavable Property Act. 1953- (XI of 1953) as amended : Same as Central Act.

12. The Rajastlion Requi.si'ti'oiii'ng of Land (Improvement ofzdgrlculturia) Act. 1951 XXIX of 1951) : No provision for subsequent acquisition.

13. T he l'i'aja.rrImnPrenii'.s'es (Ri'qm'si'ti'o.-1 am!' Eviction) Ordinance, 19490.'! of 1949) as amemfed by the Act 18 of 1952 : «No provision for subsequent acquisition.

14. The T. C. Requisifioning and Acqm'siiIi'oii' of Property Act. 1955 (I of I956) :Same as Central Act.

15. The U. P. (Temporary AccommodaIi'on~ Requisition Act', 1947 (XXV-9f 1947) as amended: No provision for subsequent acquisition.

16. The I/.1'. Reqiii'si'n'om'ng and Arquisiriari Immovable Property Act, 1953 (IV of 1953) : Same as Central Art.

1'7. The West Bengal Land li'equi'si'o'on 8:. Acquisition) Act', 1948 (II of 1943) as. amended : The relluisilioncd lurid may be acquired b notiﬁcation in the Oﬂicial Gazette to t at cﬁ'ect- it' required for public purpose.

179

The --Requls:'tl'aru'i2g Central Act Slate Acts

19. The W. B. Premises Rcqlcisiriou and Control' (Temporary Provisions) Act, 19-47 {V of 1947)) : No provision for subse- quent acquisition.

The Waste Land(Requl'.ritJ'on and Utilisa- tion) Act. 1952 (IV of 1952) as amend- ed: No provision for subsequent ac- quisition.

Continuance Acts T?le.M.P.Reqm'sitl'onr'ug Land (Corm'rm- am: ofPow-ers) A51, 1951 (Lt of 195]) :

Same as Central Act.

The West Bengai Requisiticmed land ECom:'m:a'm:e 0fP9wJ'.r) Arr, J95] (WI! «if 1951] as amend:-d : Same as Ccnlrai ct.

HI.--COM.PEl'«-'SA.'1'IUH and Acquisition of 1l'!él..'l;!;PﬂbIB Property Act, 1952 (XXX of 5 :

Section 8. Sub-section (l).--Where any property is requisitioned or acquired under this Act. there shall be paid "compensation the amount of which shall be determined in the manner and in acne: lance with the principles herein- ;:l'te:r set out, that is to say.----

(-a) where the amount of compensation can be by agreement, it shall be i paid 111 accordance with such agree- ment : .

iii) where no such agreement can be reached, the Central Government shall appoint as arbitrator a person who is, or has been. or is qualified for appointment as a Judge ofa High Court :

(c) the Central Government may. in any articular case. nominate a person aving expert knowledge as to the nature of the property requisitioncd or acquired to assist the arbitfator and where such nomination is made.

the person to be compensated mag,- also nominate an assessor for the same purpose ; '

- id) at the commencement of the "pro-

ceedings before the arbitrator, the Central Government and the person to be compensated shall state what in their respective opinion is a fair amount or compensation ;

ie) the arbitrator shall, after hearing ' the dispute make an award deter-

mining the amount of compensation which appears to him to be just and specifying the person or persons to -who-nisuclt compensation shall be paid; and is making the award

1. Tile Andilra Requisirianing of Buildings, Act, 1954 (XI of 1954) : In the absence of agreement, the court shall ﬁx the fair tent which shall} be the same as in sub- section (2) of section 8 of the Central Act.

The Assam Lana' fftrqullritfmt & Acrgulltrl lion) Aer. 1948 (XX V of 1941-B)a.! amend- ed : The compensation amount shall be determined by the Collector according to the principles in section 23(1) ofthe Land Acquisition Act, 1894,th-c marked value beingas on the date of publication of notice under section 4(1). In the absenoe of agreement, the compensation amount would be for the requisition and any damage done during such period and 'it shall not include the 15?/,', speciﬁed In section 23(2) of the Land Acquisition Act, I894.

The Biilar Premises Reqmnlion (Tempe-~ mry Provisions) Act, I 949 (XV ofI9SOJ as amended .' Executing that a District Judge shall be the arbitrator, the provisions relating to compensation are the some as those in the CcntraiAct, 19:32 relating to requisition, It is also provided that the arbitrator shallhaveregard to the pit'- vsigions in section 23(1) cftlnc LA. Am, 1 4 The Bombay Land Rcquisitfait Act. 1948 (XXX!!! of 1948) as amenakd : Compon- sation shall be determined It}; the cfﬁccr authorised by the' State Government- according to the provisions ofseclion 23(3) and 24 of the L.A.Ac!, 1394 in so for as they can be made applicable.

. " The M. B. Rcquisititnfrg of Irrmovcbfe Property Art. 1954 {XXQVV (31954) 2 Same as the Ccntralxltctcxirepting I': r the commission ofsub-section (3) nfscction 3 of the Central Act. since the Sta1c_Ac| does not provide for subsequent acqui-

sition. . ' 180 Central Act he -shall have regard to the circums- tances of each case and the provi-

sions of sub-section (2) and (3). so far as they are applicable ; .

(f) where there is any dispute as to the person or persons who are entitled to the compensation. the arbitrator shall decide such dispute and it' the arbitrator ﬁnds that more persons than one are entitled to compensa- tion. he shall apportion the amount thereof amongst such persons ;

big) nothing in the Arbitration Act. [940 (X ol"1940) shall apply to arbitration under this section.

Sub-Section (2).-----The amount of com- pensation payable for the requisitioning of any property shall consist of-

(a) a recurring payment in respect of the period of requisition, of a sum

-equal to the rent which would liuvc been payable for the use and occupa-

_ tion of the property, if it had been taken on lease for that period ; and (15) such sum or sums, if any. as may 'be found necessary to compensate the person interested for all or any of the following matters. namely :

tr') pecuniary loss due to requisi-

ooning ;

til) expenses on account or vacating the requtsitioned premises ;

(iii) cxpcnses on account of re-

occupylng the pretniscs upon release from requisition ; and

(iv) damages (other than normal wear and teigr caused to the property during the period or requisition, including the cxv penses that may have to be incurred for restoring the property to the condition in which it was at the time of requisition.

.5145-..I€€ﬂ0ﬂ(3).----Th8 compensation pay- able for the acquisition of any pmpcrty under section 7 shall be-

(a) the price which the property would have fetched in the open market;

if it had remained in the same condition as it was at the time of requisitioning and been sold on the date ofacquisition, or

(b) twice the price which the requi- sitioned property we ulri have fetched __,__,..._._.F.._.._ State A cts _..._.._

6. The C . P. .s Berar.-iccommodntion {Requi-

.rl'u'o:1) Act', 1943 (LXIII Of 1943) 1 11 is provided that a District Julige shall he an arbitrator and he shall have regard to provisions ofmction 23(1) of the LA. Aol, 1894 in so far as it can be made applicable. _ _ Where the rcquisitloned acccrnmodaitit"-n is held by a tenant. the compensation payable to the tenant shall be 1 month 9. rent in case of month to month tenancy, 2 month's rent in case of tenancy for -.i ﬁxed period not eitceeding one year and 3 month's rent in case of ﬂ1I'l&1'IC_V,'l'.'Jl-- cceiding one year.

7. In Madras Reqm'.ri'rioru"ng wan' .-«lcquisiriorr of Immovobfe Property Act, 1956 {XL}! of195ﬁ) : Same as the Central Act.

8. The Jliladrrr.-: E.r.renl:'rzi' Articles Control Ji Requisirio.-r.r'r;g (Ternporarr Powers) Arr, I949 {XXIX of 1949), re-enamrd by (H r.fl956); ADistrict Judge shall bathe _ arbitrator and the arbitrator shall he guided by section 23(I) of LA. A-Ci. 139-tin so far as it can bemade applica- ble. In case of subsequent acquisition the market value of the property shall he as on the date of requisition and not at the subsequent acquisition.

9. The Orissa Requisirioning and Acquisition of Immovobie .PmperryAcr, l9:i2 (XXIX o 1952) Excepting that the District ndge is an arbitrator the provisions are izttctly simihirto those of the Central

10. Pepru Reqm'.rr'n'.onr'ng of Irnmavobir Property Act. 2006 Bk. (1 of2£1-06) :Th-c arbitrator, with qualiﬁcntions to be :1 judge of :11-ligh Court, In making his award shall be guided by the provisions of the law relating to acquisition in force for the time bein in the State in so far as it can be_ made applicable.

[1, Tire Punjab Reqoisirionrrrg amt' A€qw'.ra'-

Hon oflrnmomble Property Act, 1953 (1! M1953) : The provisions arr: exactly similar to those of Central Act of 1952.

A new subsection is added enabling the payment of compensation either in money or in kind when property is acquired in connection with the capital of the State of Punjab.

The Rajnrrhon Requiririo.-ting of Land (Improvement of Agricuitrwe) Art. 1951 (XXIX of 1951) '. The provisions: relating to compensation as iaid down in the schedule are the some as those in sub- section (1) of section 13 and section Ll

12. I8 1 Central Act Stale Acts in' the open market if it had been sold on the date. -of rcquisition, whi'chcver_ is less.

13. I4.

15.

16.

17. In of the LA. Act, 189-4. Sl.'.l'l1c provisioiis regarding the increase in market Value due to i.in!awfui uses or oucrcrcwdiniz oi' the building etc. (which are discussed in detail in the surnrriary of that Act in Appendix V) have also been added.

The Rajaxrhan Pi-emi'.re.i' (Reirufsftibn and E i-it-riori) Ordinﬂncw, 19-1-9 (XI of 1949) or amended by the Ac: (XVIII of 1952): The arbitrator who shall be a District Judge and appointed in consultation with the Chief Justice of R-ajasihan shall dcterniinc the amount of compensation, which shall bc :i sum which will ensure to the lam!- lord a return of 5% per annum on the 'i'.'.I.lLlE- of the premises which shall be assessed at the actual cost of construction or the estimated cost as the case may be with any adjustment to current 1eVei iii' construction cost and with due regard to the age and condition ofthc premi- ses at the time of requisition.

The T. C. Requi'.-ri'n'orring rm-2' Ac'qc::'.n't:'ou ofPraperry Act. 1955 U of 1956). The provisions are the semi: as 1h0se in the

-Central Act, 1952 excepting for the omis- sion of clause (b) of sub-section (3) of section 8.

The U. P. [Temporary .-iccom.-rmdarinn] Requisition Act', 1947 (XX V of 1947) as amended .' In the absence of agreement between the District Magistrate and the ow:-icr_ of the accommodation, the court to which arefci-enci: has bccn. made by the District Magistrate shall determine the compensation having regard to pro- visions of section 23(1) of the LA. Act, 1894 in so far as it can be made appli- cable which shall also include. the reasonable ex rises incurred by the owner in Vacating the prciriiscs.

The V. P. Requisiriuning and Acquisition oflmmavabla Property Act. 1953 (I V of 195;) : The provisions are cxactly sinnlar to those_ of the Cents-a1Act, 1952. It is also provided that in cases of re- quisition for more than 3 the amount of compensation shall revised and rcdctermincd periodically.

The W. 3. Land (Requisition &. Acquiri- rion) Act. 1948 (II of 1948] as amt.-na'ed:

In cases of requisition, the amount of compensation shall be in respect of requisition and any darnagc done during the period of requisition.

case of acquisition, _thc compensation, shall t_ae t_ietermined _in accordance with the principles of section 23") of the LA.

IB2 Ceiitral Act

18.

19. State Acts Act of l8_94 and it shall not include 15,'/,, speciﬁed in sub-section (2) thereof.

The W.B. Premises Requisiifon and Control (Temporary Provisions)! Act. 1947 {V of 1947) :Except1ng that a District Judge is to be the arbitrator, the provi- sions arc similar to those in the Central Act, 1952 in 'so far as it relates to requi- sition.

The Waste Land (Requisitiioning and Utmsarion) Act. 1952 (IV of 1952) as amended : In respect of requisition of waste land, detailed provisions relating to compensation are laid down in the Act. [See Waste Lands (Requisition and Utilisation) Act, 1952, a summary of which is given in Appendix V].

Conriniiance Acts The M. P. Reqmsirioning Lea-id (Conti- nuance afPow-era) Act, 195] (L¥of19§l):

Compensation in respect of requisi- tion shall be determined in accordance with the provision of section 19 of the Defence of India Act, 1939.

In respect of subsequent acquisition com-

In pensation payable shall be the sum sufﬁ- cient to purchase at prevailing market rate as on date of notice a piece of land equal in area to and situated within the distance of 3 miles from the acquired land and suitable for the same Lise or a sum equal to twice the market value of the acquired land on the date of the re- quisition, whichever is less.

The West Bengal Requisition Land (Continuance of Powers) Act. 1951 VIII of 1951) as amended : Compensation in respect of requisition shall be determined according to the principles laid down in section 19 of the Defence of India Act, 1939.

respect of acquisition the compensation payable shall be the amount which the requisitioned land would have fetched in the open market had it remained in the same condition as it was sold on the date of acquisition or twice the price which the rcquisitioned land would have fetched in open market if it had been sold on the date of requisition, which- ever is less.

IV.-APPEAL FROM ORDERS or REQUISITIONINL;

The Reqitisirioning and Acquisition of Im- mavabie Property Act, 1952 (XXX nf'1952). T Section l0--('{) Any person aggrieved by an order of requisition made by the com- pcle_nt authority under sub-section (2) of section 3 may. within twenty-one days from the date of service of the order, prefer an appeal to the Central Govern- ment : '

1.

_There is no provision regarding appeals in the following Acts :-

The Bombay Lama' Requisition Act, 1943 (XXXIH of 1948) as amended The C1'.

& Berar Accanimodarion (Requisition) Act, 1948 (LX111 of 1948). Tim Madras Essential Articles' Control 3!. iReqiiI'.ii'tz'on (Temporary Powers) Act, 1949 (XXIX of 1949), re-em1ctedby(VIofl9S6).

183

Central Act State Acts Provided that the Central Government may entertain the appeal after the expiry of the said period of twenty one days. if it is satisﬁed that the appellant _ was prevented _by suﬂicient cause from ﬁling the appeal In time.

(2) On receipt of an appeal under sub- section (1), the Central Government may, after calling for a report from the compe- tent authority and giving an 'hpportunity to the parties of being heard and after making such further inquiry. if any, as may be necessary. pass such orders as it thinks fit and the order of the Central Government shall be ﬁnai.

Pepsu Requisitioning of Immovable Property Act, 2006 Hit. (1 of2006).

The Rajastitan Requisitioning qf Land Um- provemerzt of Agricuiture) Act, 1951 (XXIX of I951).

The U. P. (Temporary Accommodation) Requisition Act, 1947 (XX V of 1947) as amended.

The W. E. Land (Requisition & Acquisition") Act, 1948 (II of 1948) as amended.

The W. B. Premises Requisition and Control (79':tn)p0t'at'y Provisions) Act. 1947 (V of 1 7 .

The M. P. Requisitioned Land (Continuance of Powers) Act, 1951 (IX of 1951).

The W. B. Requisitianed Land (Continuance Powers Act. 195] ( VIII of 1951) as amended. ll. Provisions similar to those of the Central Act are contained in the following Acts :~ The Madras Requisitioning and Acquisition of immovable Property Act,1956 (XLH of 1956).

The Orissa Reqnisitiorzing and A'cqm'sita'on of Immovobie Property Act, 1952 (XXIX of 1952).

The Punjab Roqufsitinitig and Acquisition of Immovable Property Act, 1953 1953) as amended.

The V. P. Reqm'st'ti'oning and Au:qut'st'tiort of Immovrtbie Property Act, 1953 (IV of 1953).

III. MISCELIANEDUS The Andhra Requisitioning of Building Act,' 1954 (XI of 1954) : Persons aggrieved by the order may prefer an appeal to the State Government whose decision shali be ﬁnal.

Tim Aston: Land (Reqttisitthn and Acqm'.ri- tion) Act, 1941 (XXV of 1948) as omena'ea': Persons aggrieved by the order may_r_appcal to the Government whose decision shailbe ﬁnal.

The Bilxar Premises Requisition (Temporary Provisions) Act, 1949 (XV of 1950) as amended : There is no appeal against the order of requisition Passed by the State Government.

The M. B. Requisiiionittg of immovable Property Act. 1954 (XXXV of 1954) :

Just as in the Central Act. an appeal lies against the order of requisition but it is to the Commissioner of the

-Dlvision whose decision shall be final.

(XI of 184 Central Act A State Acts The Rajasrharz Premises' (Revufsftion 8:. Eviction) Ordirtanre. I949 (Xi of 1949) amended by Art 18 of 1952 : An appeal lies to the authority appointed by the Government.

The T. C. Reqttiiffiofting and .-lc-;-'uJ'st'.rion of Property Act', 1955 (I q,f1956) : There is a. provision empowering the Government to delegate any power conferred on them by this Act to an olﬁoer or authority sub- ordinate to the Cjqxjerltment. So in case the power to requlsltlou is exercised by any oﬁicer or authority suborclinate to the Government _a_p_pea_l shall he from the order of requasmoning to the Government.

The HI'astc Lat?-9'5 Req::.I'siIiom'ng cmd L".t'ib'sarl'an Act. 1952 (IV cf]952] as anterzdcd : Against an order of requisition- ing an appeal lice _lo the prescribed authority whosedcclsyon shall be ﬁnai and cannot be challenged ln the court oflaw.

V. APPEAL mom Awanos or Comrtrrsanou The Requt's:'tiam'ng and Acquisition of Immovable Property Act, 1952 (XXX of1952 ) : .

Section t1.---Any person aggrieved by an award of the arbitrator made under section 3 may, within thirty days from the datc_ of such award. prefer an appeal to the High Court within whose jurisdiction the re-

quisitioned or acquired property is situate :

Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisﬁed that the appellant was prevented by sufﬁcient cause from ﬁling the appeal in time.

1. Provisions _.-eirnilar tothose of the Central Act are contatned 111 the following Acts :

The M. B, Reqitirition of_ .tnm:ova!:l'c .P.r'apc-Fry Art, 1954 (XXXV of 1954).

The Madras RequrL1'1I'om'ng & Actruisitthn of Irggrﬁravable Property Act. 1956 (XLII of 1 .

The Orissa R¢qm'sz't:'or:t'r1_l3 & An;m'.s.iIt'o.-1 of Igtmavabie Property Art, 1952 (XX1X0f l 52).

TI1ePtmjab R2qui'sr'tt'aning & Acqtrtisirfon of Immavable Property Act. 1953 (XI of 1953) as arrzerzdcd.

The T. C. Requisitiortfng 5: Acquisition ofPr0perIy Art, I955 (I ofI956).

II. _ In the following Acts appeal lies to the Hlgh Court against the award ':--

Tile Biker Premrlrrs Requisition [2"emporar_v Pravi'.s-irms) Act, 1949 {XV of1950D as amended.

The C . P. & Berar Acrornntodatiorl (Reqm's1'- riau) Act, 1948 (LX111 of 1948).

The Pcpru Reqarfsitianfng of lmmavafzfe Property Act, 2006 31:. (1 of zoom.

The Madras Erientiaf Articles Control & Reqm'.5'r'tt'0n (Te:np0:'a.I}-' Powers) Act, 1949 (XXIX of 1949). re-macteri fry (V! of 1956).

"185 Central Act State Acts The W. B. Premises Rrq.m'3r'i':'an & Comm! (genzporaiy Provisions) Art, 1947 (V of l 47).

I II. MISCELLANEOUS The /lrzdhra Requz'sitionz'rzg of Bru'ldirig.i- Act. 1954 {XI of 1954) : Against the decision of the District Munsif ﬁxing the fair rent. an appeal lies to the sub--court or to the district court and such decision shall be ﬁnal and not liable to review or revision.

The A.<.s'am Lana' (Reqtdsitiair and Acr;m'.ririu.u'} Arr, l943 (XXV ofl9-48) : When :1 person is aggrieved by the award, tl1e matter sliall be referred to the court and the provi- sions of the L. A. Act, 1894 would apply.

The B0m[.IaA)' Land ReqzH'.\'i(f(JJ:.'ng AH, 1948 (XXXIH of 1948) as amended : Against the award ofthe ofﬁcer authorised in this behztit by the Government, an appeal shall lie within 60 days to the High Court in Greater Bombay and to the District Courtelsewhere except where the total amount 0fcornpenSa~ tion does not exceed the amount prescribed by the Government and there shall be no further appeal.

TIM' Rtijaﬂhail R€q£!!3'ifi0IH'I1g r.-f Land (_[m-- pmt't'rrIc'.r:.r of Agrienlrrnw Act, 195] (XXIX of I951) : An appeal against the decision of the ofﬁcer regarding compensa- tion lies to the District Judge. As regards compensation for damage caused to {lie land, the decision of the oFﬁ::er (subject to En 'appeal to the Government) shall he na .

The Rajmrlzmz Premises (Ri'q.u.".s'itio:1 am! Evt'c!i'rm) 0rdr'nam':e,1949{XIof 1949) an amended by Act XVIII of 1952 : There is no provision regarding appeal.

The M', P. Rvr;ni'.i'itr'mie:I Lewd (Cmm'.vmrrrrce of Pointers} Act. 1951 (IX of 195?.) :

There is no provision regarding appeal.

The W. B. Rcqm's:'n'r:.rzed Lana' (C onﬁmrrmrc ofPower3) zicr, 1951 (_V}Hnfl 951) as amend- ed : There SIS no provision regarding :13;-penI_ 186 Central Act State Acts The U. P. (Temporary Accommodation) Re.-u quﬂrman Act. 1947 I_'XXP' of 1947) as: amended : Compensatic-n is to be date:--- mincd by the court cm a reference made to it by the District Magistrate and it is pro- vided that no appeal or revision shall lie against such decision-

Tile V. P. Requ1'rL'1a'onr'rqg' and Acquisftiort of Jmnwvable Property Act, 1953 (IV of 1953} : An appeal against the award lies to the Judicial Commissioner.

Tire W. E. Land (Requlisiffan and Acquisi- tion) Art, 1948 (ll of 1948) as amended :

It is provided that if the pan); is ag- grieved by the award of compensation by the Collector. the mattzr shaﬂ be referred ta the decision of the Court.

Tine Waste La.-:a'x (R¢qm'.r:'r:'om'ug and Ud- lfsation) Act'. 1952 {IV of 1952) as amended : Persons aggrieved by the compensation order rnay appeal to the prescribed auihority whose decision shall be ﬁnal and cannot be challenged in at court of law.

'L1Law.a'67---20-1 I-67--GIPF.

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Law Of Acquisition And Requisitioning Of Land