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State of Assam - Section

Section 85 in Goalpara Tenancy Act, 1929

85.

(1)The Deputy Commissioner may, on the application in the prescribed manner of a proprietor, permanent tenure-holder or jotedar, and on being satisfied that such person is desirous of acquiring a parcel of land held, whether immediately or mediately, in the interest under him-
(i)for some reasonable and sufficient purpose having relation to the good of his estate, tenure or jote, including the use of the land as building ground, or
(ii)in the case of a proprietor or permanent tenure- holder, for any charitable, religious or educational purpose or for any purpose of general public utility, authorise the acquisition thereof by the proprietor, permanent tenure-holder or jotedar of the estate, tenure or jote in which it is comprised, upon such conditions as the Deputy Commissioner may think fit, and shall require every tenant, or other person who holds any valid interest, whether immediate or mediate, in such parcel of land, to sell his interest in such land to the applicant, upon terms, including compensation to those concerned, as may be approved by the Deputy Commissioner.
(2)If the applicant tenders to the tenant, or other person having such interest, such sum as the Deputy Commissioner has approved under sub-Section (1) for payment to such tenant or person and the tenant or person refuses to receive the sum, the applicant may deposit the same with the Deputy Commissioner, and thereupon the land shall pass to the applicant free of all incumbrances from the date of such deposit, and the Deputy Commissioner shall, at the request of the applicant, deliver possession of the land to him in the prescribed manner.
(3)In giving effect to the provisions of sub-Sections (1) and (2) the Deputy Commissioner shall have regard to the rules prescribed in this behalf.
(4)An appeal shall lie to the District Judge against any order passed by the Deputy Commissioner under this section.