Section 92 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
92. Acquisition of holding or land under management or interest therein.
(1)If at any time it appears to the State Government that any holding or land, the management of which has been assumed under the provisions of this Act or the interest of any other person in such holding land should, in the public interest, be compulsorily acquired, it shall be lawful for the State Government to publish a notification to that effect in the Official Gazette. The notification so published shall be conclusive that the holding or interest needs to be acquired in the public interest.(2)For the purposes of this section `public interest' means the grant of land to persons to whom it is leased under Section 84, the settlement of landless cultivators, development of co-operative organisations and increasing the efficiency of cultivation and such other purposes connected with village community life as may be prescribed by the State Government in this behalf.(3)On the publication of such notification the Collector shall cause publicity to be given to it at convenient places in the locality and also give notices to the holder of the holding, land or interest and to all persons known or believed to be interested therein.(4)The Collector shall then make an inquiry in the prescribed manner to determine the value of the holding, land or interest which has been acquired. For the said purpose the Collector shall have the same powers as are vested in Courts in respect of the following matters under the Code of Civil Procedure, 1908, in trying of a suit-(a)proof of facts by affidavits;(b)summoning and enforcing the attendance of any person and examining him on oath; and(c)compelling the production of documents;(5)In determining the value the Collector shall take into consideration-(a)the assessment payable in respect of the holding;(b)the profits of agriculture and cultivation of the holding and of similar holdings in the locality;(c)the prices of crops and commodities in the locality;(d)the tenure on which the land is held;(e)any other matter which may be prescribed.(6)After determining the value of the holding, land or interest, the Collector shall make an award which shall contain-(a)the particulars of the holding, land or interest,(b)the compensation which in his opinion should be allowed for the holding, land, or interest, and(c)the apportionment of the compensation among all persons known or believed to be interested.(7)Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence as between the Collector and persons interested whether they have respectively appeared before the Collector or not of all the particulars including area and value of the holding, land or interest and the apportionment of compensation.(8)When the Collector has made an award, the holding, land or interest therein shall vest in the Government free from all incumbrances.
