Section 32 in Maharashtra Industrial Development Act, 1961
32. Compulsory acquisition
(1)If at any time in the opinion of the State Government, any land is required for the purpose of development by the corporation, or for any other purpose in furtherance of the objects of this act, the State Government may acquire such land by publishing in the Official Gazette a notice specifying the particular purpose for which such land is required, and stating therein that the State Government has decided to acquire the land in pursuance of this section.(2)Before publishing a notice under sub-section (1), the State Government shall by another notice call upon the owner of the land and any other person who in the opinion of the State Government may be interested therein, to show cause, within such time as may be specified in the notice, why the land should not be acquired. [The State Government shall also cause public notice to be given in the manner laid down in section 53 and in the Official Gazette] [This portion was added by Maharashtra 11 of 1967, Section 2(a).]:[Provided that, if the land proposed to be acquired falls within a scheduled Area then the State Government shall before such acquisition consult,-(i)the Gram Sabha and the Panchayat concered if the land is falling within the area of one Panchayat;(ii)the concerned Gram Sabhas and the Panchayat Samiti if the land falling within the area of more than one Panchayats in the Block concerned;(iii)the concerned Gram Sabhas and theZilla Parishadif the land is falling within the area of more than one Block in the district concerned;such consultation shall be carried out in the manner as may be !aid down by the State Government by issuing a general or special order in this behalf:Provided that the decision taken by the majority of the Gram Sabhas concerned by passing a resolution in the above matters shall be binding on the concerned Panchayat Samiti or the Zila Parishad as the case may be.Explanation. - For the purposes of these provisos,-(i)the expressions "Gram Sabha" or "Panchayat" and "Scheduled Areas" shall have meanings, respectively, assigned to them in the Bombay Village Panchayats act, 1958;(ii)the expressions "Panchayat Samiti" and "Zilla Parishad" shall have the meaning, respectively, assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.](3)After considering the cause, if any, shown by the owner of the land and by any other person interested therein, and after giving such owner and person an opportunity of being heard, the State Government may pass such orders as it deems fit.(4)When a notice under sub-section (1) is published in the Official Gazette, the land shall, on and from the date of such publication, vest absolutely in the State Government free from all encumbrances:[Provided that, if, before actual possession of such land is taken by or on behalf of the State Government, it appears for the State Government that the land is no more required for the purposes of this Act, the State Government may, by like notice, withdraw the land from acquisition and on the publication of such notice in the Official Gazette, the land shall revest with retrospective effect in the person in whom it was vesting immediately before the publication of the notice under sub-section (1) subject to such encumbrances, if any, as may be subsisting at that time. The owner and other persons interested shall be entitled to compensation for the damage, if any, suffered by them in consequence of the acquisition proceedings as determined in accordance with the provisions of section 33.] [This proviso was added by Maharashtra 18 of 1975, Section 12(a).](5)Where any land is vested in the State Government under sub-section (4) the State Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the service of the notice.(6)if any person refuses or fails to comply with an order made under sub-section (5), the State Government may take possession of the land and may for that purpose use such force as may be necessary.(7)[ where the land has been acquired for the corporation or any local authority, the State Government shall, after it has taken possession thereof, by notification published in the Official Gazette, transfer the land to the Corporation or that local authority, as the case may be, for the purpose for which it was acquired, and the provisions of section 43-1A shall apply to any land so transferred] [Sub-section (7) was substituted for the original by Maharashtra 18 of 1975, Section 12(b).].
