68. Abandonment of acquisition in consideration of special payment.
(1)Wherever in any area comprised in any improvement scheme under this Act the [State] [Substituted for 'provincial' by A. O., 1950.] Government has sanctioned the acquisition of land which is subsequently discovered to be unnecessary for the execution of the scheme, the owner of the land, or any person having an interest therein may make an application to the Trust [requesting that the acquisition of the land not required for the purposes of the scheme should be abandoned on his executing an agreement to observe conditions specified by the Trust in respect of the development of the property and to pay a charge to be calculated in accordance with sub-section (2) of section 69 of the Act.] [Substituted for '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 Trust in that behalf' by Central Provinces and Berar Act XXXIV of 1949, section 19.](2)The Trust shall admit every such application if it-(a)reaches it before the time fixed by the Deputy Commissioner under section 9 of the Land Acquisition Act, 1894, for making claims in reference to the land, and(b)is made by any person who has an interest in the land or holds a lease thereof, with an unexpired period of seven years.(3)On the admission by the Trust of any such application, it shall forthwith inform the Deputy Commissioner ; and the Deputy Commissioner shall thereupon stay for a period of three months all further proceedings for the acquisition of the land, and the Trust shall proceed to fix [the conditions on which] [Substituted for the words 'the sum in consideration of which' by Central Provinces and Berar Act XXXIV of 1949, section 19.] the acquisition of the land may be abandoned.(4)[ When an agreement has been executed in pursuance of sub-section (1) in respect of any land the proceedings for the acquisition of the land shall be deemed to be abandoned.(5)The provisions contained in sections 70, 71, 72, 73 and 74 relating to the assessment, interest, recovery and payment of betterment charge and civil suits shall apply mutatis mutandis to the assessment, interest, recovery and payment of abandonment charge and civil suits in respect thereof.] [Substituted, by Central Provinces and Berar Act XXXIV of 1949, section 20.]Betterment contribution.
