Section 44(2) in The Maharashtra Irrigation Act, 1976
(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.
