Section 12 in Bihar Underground Pipelines (Acquisition of Right of User in Land) Act, 2011
12. Special powers in cases of urgency.
(1)In cases of urgency, whenever the State Government so directs, the competent authority, though no such award has been made, may, on the expiration of fifteen days from the publication of the notification mentioned in sub-section (1) of section-3, acquire right of user in land needed for laying of such underground pipelines. Such right of user in the land shall thereupon vest absolutely in the State Government, free from all encumbrances:Provided that the competent authority shall not acquire right of user in any land or part thereof under this sub-section without giving to the occupier thereof at least forty eight hours notice of its intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such land without unnecessary inconvenience.(2)In every case under the preceding sub-section, the competent authority shall at the time of taking possession, offer to the persons interested, compensation for the standing crops and trees (if any) on such land and for any other damage caused by such sudden dispossession; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed in awarding compensation for the land under the provisions herein contained.(3)Before taking possession of any land under sub-section (1), the competent authority shall, without prejudice to the provisions of sub-section (2)-(a)make payment of eighty per centum of the compensation for such land as estimated by him to the person interested and entitled thereto; and(b)pay to him, unless prevented by one or more of the contingencies mentioned in section 9, and where the competent authority is so prevented, the provisions of section-9, shall apply as they apply to the payment of compensation under that section.(4)The amount paid or deposited under sub-section (3), shall be taken into account for determining the amount of compensation required to be tendered under section-9 and where the amount so paid or deposited exceeds the compensation awarded by the competent authority under section-9, the excess amount may, unless refunded within three months from the date of competent authority's award, be recovered as an arrear of land revenue.(5)In the case of any land to which, in the opinion of the State government the provisions of sub-section (1) are applicable, the State Government may direct that the provisions of section-3 shall not apply, and, if it so directs a declaration may be made under section-4 in respect of the land at any time after the date of the publication of the notification under section-3.
