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State of Bihar - Section

Section 21 in The Bihar Government Estates (Khas-Mahal) Manual, 1953

21. Resumption should be for public purposes only.

- When a tenant holds land from Government under a lease containing a clause which authorises the lessor to resume possession of the whole or part of the lands of the tenancy this power of resumption shall only be exercised if the land is required for a public purpose, and the power of resumption shall not be exercised without the sanction of Government obtained through the Board of Revenue.If such land be required for the use of persons other than Government, e.g. for a local body, it should ordinarily be acquired under the provisions of the Land Acquisition Act, and not under the power of resumption given by the lease.Note. - All draft notifications under the provisions of Section 4(1) of the Land Acquisition Act, for the acquisition of any land which is held from Government on a lease, containing a clause authorising resumption by the lessor, should be submitted to Government through the Commissioner and the Board of Revenue.