Section 66 in The Bombay Tenancy and Agricultural Lands Act, 1948
66. Application of estate or land under management or interest therein.
(1)If at any time it appears to the [State] [This word was substituted for the word 'Provisional' by the Adaptation of Laws Order, 1950.] Government that any estate or land, the management of which has been assumed under the provisions of this Act or the interest of any other person in such estate or land should in the public interest, be compulsorily acquired, it shall be lawful for the [State] [This word was substituted for the word 'Provisional' by the Adaptation of Laws Order, 1950.] Government to publish a notification to that effect in the Official Gazette. The notification so published shall be conclusive that the estate, land or interest is needed to be acquired in public interest.(2)On the publication of the 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 estate, land or interest and to all persons known or believed to be interested therein.(3)The Collector shall then make an inquiry in the prescribed manner to determine the value of the estate, 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 (V of 1908), in trying 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.(4)In determining the value the Collector shall take into consideration-(a)the assessment payable in respect of the estate or land,(b)the profits of agriculture and cultivation of the estate or land and of similar estates and lands in the locality,(c)the prices of crops and commodities in the locality,(d)exemption from assessment and other privileges enjoyed by the holder and other persons interested in respect of the land, estate and interest,(e)any other matter which may be prescribed.(5)After determining the value of the estate, land or interest the Collector shall make an award which shall contain-(a)the particulars of the estate, land or interest,(b)the compensation which in his opinion, should be allowed for the land,(c)the apportionment of the compensation among all persons known, or believed to be interested.(6)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 areas and value of the estate, land or interest and the apportionment of compensation.(7)When the Collector has made an award, the estate, land or interest therein shall vest in [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] free from all incumbrances.[Chapter V-A] [Chapter V-A was inserted by Bombay 13 of 1956, section 36.] Construction of Water Course through Land of Another
