Section 44 in The Maharashtra Irrigation Act, 1976
44. Acquisition of land for canals and field channels.
(1)If at any time on an application of a Canal Officer not lower in rank than an Executive Engineer, the Appropriate Authority is satisfied that any land, or any right or interest of any person in any land required for the construction of a new canal, or a new field-channel under section 24, or for the maintenance, improvement or extension of an existing canal should be compulsorily acquired or extinguished, the Approximate Authority may acquire the land, right or interest by agreement or the State Government may acquire the land under the Land Acquisition Act, 1894, or the Zilla Parishad or the Company may make an application to the State Government for acquiring such land under that Act.(2)On receipt of such application from the Zilla Parishad or Company, if the State Government is satisfied that the land specified in the application is needed for the public purpose therein specified or if the State Government decides to acquire the land under sub-section (1), it may make a declaration to that effect in the Official Gazette, in the manner provided in section 6 of the Land Acquisition Act, 1894, in respect of the said land, right or interest. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section:Provided that, if the land proposed to be acquired falls within the Scheduled Area then the State Government shall, before such acquisition or before re-settling or rehabilitating the persons affected by such projects in such Scheduled Areas consult,—(i)The Gram Sabha and Panchayat concerned, if the land is falling within the area of one Panchayat;(ii)The concerned Gram Sabha and Panchayat Samiti, if the land is falling within the area of more than one Panchayat in the Block concerned;(iii)concerned Gram Sabha and Zilla Parishad, if the land is falling within the area of more than one Blocks in the District concerned; Such consultation shall be done in the manner as may be laid down by the State Government, by issuing a general or a special order in this behalf: Provided that, the decision taken by majority of Gram Sabha concerned by passing a resolution in the above matter shall be binding on the concerned Panchayat Samiti or the Zilla Parishad, as the case may be.Explanation.—For the purpose of this proviso,—(i)the expressions ‘Gram Sabha’, ‘Panchayat’ and ‘Scheduled Areas’ shall have the meanings respectively, assigned to them in the Bombay Village Panchayat Act, 1958;(ii)the expression “Panchayat Samiti”, and “Zilla Parishad” shall have the meaning respectively, assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.(3)On the publication of a declaration under the said section 6, the Collector shall proceed to take order for the acquisition of land under the said Act; and the provisions of the said Act shall apply to the determination of the amount of compensation, appointment of the compensation and other matters relating to the acquisition of the said land, right or interest. The State Government may make rules in all matters connected with the enforcement of the said provisions in so far as they are applicable to the acquisition of such land or the extinguishment of such right or interest.(4)Notwithstanding anything to the contrary in this Act or in the Land Acquisition Act, 1894 within not less than fifteen days (excepts by private negotiations) after the publication of the declaration under sub-section (2) or the publication of the notification under sub-section (2) of section 25, the State Government may direct that any land in respect of which a notification has been issued shall be taken possession of by the Canal Officer, duly authorised in this behalf by it, and the right, and interest in land specified in the notification shall be extinguished from the date specified in the direction, and on such possession being taken, the said land shall vest absolutely in the State Government free from all encumbrances: Provided that, before or at the time of taking possession of any land under this sub-section, the Collector shall offer to the person interested compensation for the standing crops, trees and structures, if any, on such land and for any damage sustained by him which is caused by such sudden dispossession, and not except in section 24 of the Land Acquisition Act, 1894, and if such offer is not accepted, the value of such crops, trees and structures and the amount of such other damage shall be allowed in awarding compensation for the land under the provisions of the said Act.(5)For the purposes of acquisition of any land, right or interest under this section the Land Acquisition Act, 1894, shall have effect subject to the modification that the market value of the land shall be deemed to be the market value on the date on which the declaration is published under sub-section (2) of this section or the notification is published under sub-section (2) of section 25, as the case may be.
