78. Abandonment of Acquisition in consideration of special payment. -
(1)In any case in which the [State Government] [Words substituted by the Adaptation of Laws Order, 1950.] has sanctioned the acquisition of land, in any area comprised in an improvement scheme, which is not required for the execution of the scheme, the owner of the land, or any person having an interest therein, may make an application to the Board, requesting that the acquisition of the land should be abandoned in consideration of the payment by him of a sum to be fixed by the Board in that behalf.(2)The Board shall admit every such application if it -(a)reaches them before the time fixed by the Collector, under section 9 of the Land Acquisition Act, 1894, for making claims in reference to the land, and(b)is made by all persons who have interests in the land greater than a lease for years having seven years to run.(3)If the Board [* * *] [Words omitted and words substituted by W. B. Act 32 of 1955.] admit any such application, they shall forthwith inform the Collector; and the Collector shall thereupon stay for a period of three months all further proceedings for the acquisition of the land, [and if the Board decide to allow the application they shall proceed] [Words omitted and words substituted by W. B. Act 32 of 1955.] to fix the sum in consideration of which the acquisition of the land may be abandoned.(4)Within the said period of three months, or, with the permission of the Board, at any time before the Collector has taken possession of the land, under section 16 of the Land Acquisition Act, 1894, the person from whom the Board have arranged to accept the sum so fixed may, if the Board are satisfied that the security offered by him is sufficient, execute an agreement with the Board, either -(i)to pay the said sum three years after the date of the agreement, or(ii)to leave the said sum outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest [at such rate not exceeding [ten per cent, per annum] [Words substituted by Ben. Act 2 of 1935.] as the [State Government] [Words substituted by the Adaptation of Laws Order, 1950.] may fix by notification,] and to make the first annual payment of such interest four years after the date of the agreement:Provided that the Board may, at any time before the Collector has taken possession of the land under section 16 of the Land Acquisition Act, 1894, accept immediate payment of the said sum instead of an agreement as aforesaid.(5)When any agreement has been executed in pursuance of sub-section (4), or when any payment has been accepted in pursuance of the proviso to that sub-section, in respect of any land, the proceedings for the acquisition of the land shall be deemed to be abandoned.(6)Every payment due from any person under any agreement executed under sub-section (4) shall be a charge on the interest of that person.(7)If any instalment of interest payable under an agreement executed in pursuance of clause (ii) of sub-section (4) be not paid on the date on which it is due, the sum fixed by the Board under sub-section (3) shall be payable on that date, in addition to the said instalment.(8)At any time after an agreement has been executed in pursuance of clause Hi) of sub-section (4), any person may pay off the charge created thereby, with interest, [at the rate fixed under the provisions of that clause] [Words substituted by Bern Act 2 of 1935.] up to the date of such payment.(9)When an agreement in respect of any land has been executed by any person in pursuance of sub-section (4), no suit with respect to such agreement shall be brought against the Board by any other person (except an heir, executor or administrator of the person first aforesaid) claiming to have an interest in the land.(10)[ Notwithstanding anything contained in clause (ii) of sub-section (4) or in sub-section (8) the rate of interest payable, under the provisions of that clause or that sub-section, as the case may be, shall be, or continue to be, four per cent, per annum in cases where the sum, in consideration of which the acquisition of the land has been abandoned, has been fixed under sub-section (3) before the date of the commencement of the Calcutta Improvement (Amendment) Act, 1923, and the agreement in respect of the payment of the same is executed before, on or within two months after, that date] [Sub-section (10) of inserted by Ben. Act 9 of 1923.].(11)[ Notwithstanding anything contained in clause (ii) of sub-section (4) or in sub-section (8), the rate of interest payable under the provisions of that clause or that sub-section, as the case may be, shall be, or continue to be, six per cent, per annum in cases where the sum, in consideration of which the acquisition of the land has been abandoned, has been fixed under sub-section (3) on or after the date of the commencement of the Calcutta Improvement (Amendment) Act, 1923, but before the date of the commencement of the Calcutta Improvement (Amendment) Act, 1934, and the agreement in respect of the payment of the same is executed during the period commencing with the date of the commencement of the Calcutta Improvement (Amendment) Act, 1923, and ending two months after the date of the commencement of the Calcutta Improvement (Amendment) Act, 1934] [Sub-section (11) Inserted by Ben. act 2 of 1935.].(12)[ When an application has been made under sub-section (1) and the Board are of opinion that the whole or any part of the land belonging to the applicant is not required for the execution of the scheme but that it is necessary that some adjoining land should be purchased by the applicant and amalgamated with his land or the portion not so required, in order to conform to the general layout of the scheme, they may permit the applicant to execute an agreement to purchase the adjacent land abovementioned and may at the same time fix a fee in consideration of which the land not required for the execution of the scheme may be exempted from acquisition. The price of the land sold together with the sum fixed as exemption fee shall then be dealt with in the manner provided in sub-section (4), and if the whole sum payable or any part of it is kept outstanding, it shall he secured as a charge on the interest of the applicant in the total area of the land sold to the applicant and of the land exempted. Sub-sections (5), (7) and (8) shall apply to such agreements in the same manner as in the case of total abandonment under the foregoing provisions of this section] [sub-section (12) Inserted by W. B. Act 32 of 1955.].[Betterment Fee.] [The heading and Sections 78A to 78C inserted by Ben. Act 8 of 1931.]
