Section 53 in Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949
53. Acquisition of land by landlord for building and other purposes.
(1)(a)The landlord of village who is desirous of acquiring the holding or part of the holding or any land over which the inhabitants of such village have any common right for any reasonable and sufficient purpose having relation to the good of the holding, village or estate, or for the erection of buildings or for any religious, educational or charitable purpose; or for the purposes of mining, manufacture or irrigation, or effecting any agricultural or horticultural improvement or giving effect to any national policy of the Government may apply to the Deputy Commissioner for sanction to acquire the same.(b)The Deputy Commissioner may, on the application of a village headman, mulraiyat or raiyat of the village or of his own motion, sanction acquisition proceedings to be started with respect to such land as is referred to in clause (a), if he is satisfied after due enquiry that the acquisition is to be made for any of the purposes specified in the said clause.(c)On receipt of such application as is referred to in clauses (a) and (b), the Deputy Commissioner shall scrutinise it with a view to see that it satisfies the conditions of acquisition prescribed by the [State] [Substituted by para 4 (1) of the ALO for 'Provincial'] Government in this behalf. If on such scrutiny of Deputy Commissioner considers the application to be not maintainable on the face of it, he may reject the application summarily.(2)If the application is not rejected summarily under clause (c) of subsection (1), the Deputy Commissioner shall issue notice to the raiyats and other persons interested to appear before him and to file objections, if any. If after due enquiry the Deputy Commissioner is satisfied that the purpose stated in the application is as specified in clause (a) of sub-section (1) and that the objection, if any taken to the application are such that they may fairly be disregarded, the Deputy Commissioner may by order sanction acquisition proceedings to be started.(3)On the passing of an order under sub-section (2), the Deputy Commissioner shall, after issuing notice to the raiyats and other persons interested, decide claims and objections as to compensation, and may authorize the landlord, village headman, mulraiyat or raiyat, as the case may be, to take possession of the land on such terms and on payment to the raiyat whose land is acquired or other persons interested of such compensation as he thinks fit and reasonable.(4)If the applicant landlord, village headman, mulraiyat or raiyat, as the case may be, tenders to the raiyat whose land is acquired or other interested persons such sum as the Deputy Commissioner has approved under subsection (3) as compensation and the latter refuses to receive the same, the Deputy Commissioner may, on the landlord, village headman, mulraiyat or raiyat, as the case may be, depositing the said sum with the Deputy Commissioner, give possession of the land to him in the prescribed manner and may execute a lease in the prescribed form in his favour.(5)The raiyat whose land is so acquired shall be entitled to receive proportionate reduction of rent in addition to compensation.(6)If the land so acquired is not utilized for the purpose for which it was required within five years of taking possession, the Deputy Commissioner may pass an order restoring the land to the original raiyat or his heirs or to the persons interested on such terms as he thinks fair and reasonable and, on the failure of such persons to take back the land, the Deputy Commissioner may settle the land as if it were village waste land.
