95. Power of Collector to acquire land for communal purposes.
(1)When the Collector is satisfied that no communal land is set for the common use of the villagers or for the supply of fuel to them or that any land so set apart or used in inadequate for the purpose, he may, after giving notice to the landlord and any other persons affected thereby and after making such enquiry as he thinks fit, determine the land or additional land needed for the purpose and apply to the State Government for the acquisition of such land under the Land Acquisition Act, 1894 (1 of 1894). On such application, the State Government may pass an order directing the Collector to take order for acquisition of such land under the said Act. Thereupon the provisions of that Act shall apply as if the State Government had directed the Collector to take order for the acquisition of such land under Section 7 of the said Act and the land shall, after such acquisition, be set for the purpose for which it is acquired.(2)The cost of such acquisition including all charges incidental thereto, shall be borne by the State Government, any local authority or authorities having jurisdiction over the area in which the land is situated, the landlord and the raiyats or other persons benefited thereby in such proportions as the Collector may fix. If a local authority, landlord, raiyat or other person makes default in paying its or his share, if any, of such cost, the Collector may recover such share -(i)in the case of local authority in such manner as may be prescribed; and(ii)in the case of a landlord, raiyat or other person, in the same manner as an arrear of land revenue.(3)Subject to such rules as the State Government may prescribe in this behalf, the share, if any, of such cost payable by a raiyat under this Section together with interest thereon at six per cent per annum may, at the discretion of the Collector, take the form of annual payments, the amount of such payments being fixed with due regard to the prevailing rents.Explanation. - The expression 'communal land' means land recorded as Gochar, Rakshit, or Sarbasadharan, in the record-of-rights or waste land which is either expressly or impliedly set apart for the common use of, or for the supply of fuel to the villagers whether recorded as Such in the record-of-rights or not.
