Section 13 in Madhya Pradesh Bhumigat Pipe Line, Cable Evam Duct (Bhumi Ki Upyokta Ke Adhikaron Ka Arjan) Adhiniyam, 2012
13. Special powers in case of urgency.
(1)In case of urgency, to be determined by the State Government, the competent authority, though no such award has been made under section 8, may, on the expiration of fifteen days from the publication of the notification mentioned in sub-section (1) of Section 3, proceed for acquisition of right of user in land needed for laying of under ground pipeline, cable and duct:Provided that the competent authority shall not acquire any right of user under this sub-section without giving to the occupier thereof at least forty eight hours notice of its intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such land without unnecessary inconvenience.(2)In the case of any land to which in the opinion of the State Government the provision of subsection (1) are applicable, the State Government may direct that the provisions of sub-section (4), (5) and (6) of Section 3, shall not apply and if it so directs, a declaration may be made under section 4 in respect of the land at any time after the date of the publication of the notification under section 3.(3)In every case under sub-section (1), the competent authority shall at the time of taking possession of such land in which the right of user in land is acquired, offer to the persons affected compensation for the standing crops and trees (if any) on such land and for any other damage caused by such sudden dispossession and in case such offer is not accepted, the value of such crops and trees and the amount of such other damages shall be allowed for in awarding compensation for the land under the relevant provisions.(4)Before taking possession of such land in which the right of user in land is acquired under subsection (1) the competent authority shall, without prejudice to the provision of sub-section (3), tender payment of eighty per centum of the compensation for such land as estimated by the competent authority to the person interested and entitled thereto.(5)The amount paid or deposited under sub-section (4), shall be taken into account for determining the amount of compensation required to be tendered under section 8 and where the amount so paid or deposited exceeds the compensation awarded by the competent authority under section 8, the excess may, unless refunded within three months from the date of competent authority's award, be recovered as an arrear of land revenue.
