Section 12 in Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978
12. Payment of amount for vacant land acquired.
(1)Where any vacant land is deemed to have been acquired by the State Government under sub-section (3) of section 11, the State Government shall pay to the person or persons having any interest therein,-(a)in a case where there is any income from such vacant land, an amount equal to ten times the net average annual income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notification issued under sub-section (1) of section 11:Provided that where in respect of such vacant land the amount calculated under this clause is less than the amount calculated under clause (b) the person or persons having interest in the vacant land shall be paid the higher amount calculated under clause (b);(b)in a case where no income is derived from such vacant land, an amount calculated at a rate-(i)not exceeding fifty rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category I specified in Schedule I;(ii)not exceeding twenty-five rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category II specified in that Schedule; and(iii)not exceeding fifteen rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category III specified in that Schedule.(2)The net average annual income referred to in clause (a) of sub-section (1) shall be calculated in the manner and in accordance with the principles set out in Schedule II.(3)For the purpose of clause (b) of sub-section (1), the State Government shall-(a)divide, by notification in the Tamil Nadu Government Gazette, every urban agglomeration situated within the State into different zones, having regard to the location and the general use of the land situated in an urban agglomeration, the utility of the land in that urban agglomeration for the orderly urban development thereof and such other relevant factors as the circumstances of the case may require; and(b)fix, subject to the maximum rates specified in that clause, the rate per square metre of vacant land in each zone, having regard to the availability of vacant land in the zone, the existing use of vacant land in the zone and such other relevant factors as the circumstances of the case may require.(4)Different rates may be fixed under clause (b) of sub-section (3) for vacant lands situated in different zones within each urban agglomeration.(5)Notwithstanding anything contained in sub-section (1) where any vacant land which is deemed to have been acquired under sub-section (3) of section 11 is held by any person under a grant, lease or other tenure from the Central Government or any State Government and-(i)the terms of such grant, lease or other tenure do not provide for payment of any amount to such person on the termination of such grant, lease or other tenure and the resumption of such land by the Central Government or the State Government, as the case may be or(ii)the terms of such grant, lease or other tenure provide for payment of any amount to such person on such termination and resumption, then,-(a)in a case falling under clause (i), no amount shall be payable in respect of such vacant land under sub-section (1); and(b)in a case falling under clause (ii), the amount payable in respect of such vacant land shall be the amount payable to him under the terms of such grant, lease or other tenure on such termination and resumption or the amount payable to him under sub-section (1), whichever is less.(6)The competent authority may, by order in writing, determine the amount to be paid in accordance with the provisions of this section as also the person, or, where there are several persons interested in the land, the persons to whom it shall be paid and in what proportion, if any.(7)Before determining the amount to be paid, every person interested shall be given an opportunity to state his case as to the amount to be paid to him.(8)The competent authority shall dispose of every case for determination of the amount to be paid as expeditiously as possible and in any case within such period as may be prescribed.(9)Any claim or liability enforceable against any vacant land which is deemed to have been acquired, under sub-section (3) of section 11 may be enforced only against the amount payable under this section in respect of such land and against any other property of the owner of such land.
