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State of Tamilnadu - Section
Section 39 in Kelavarapalli Reservoir Scheme (Acquisition of Land) Act, 1987
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The State Government have so far spent an amount of three hundred and eleven lakhs of rupees in the execution, of the said scheme and the remaining part of the Scheme is yet to be completed.3. However, certain persons interested in some of the lands taken possession of, have disputed that the possession of the said lands was taken without their consent and a writ petition has been filed in the High Court, Madras challenging the validity of the land acquisition proceedings in dated in respect of the said lands although no obstruction to the execution of the Kelavarapalli Reservoir Scheme was made for over two years until considerable progress as specified above was made in the execution of the Scheme.4. As the Government have already spent an amount of three hundred and eleven lakhs of rupees in the execution of. the said Scheme, it is not possible to return these lands to the owners from whom those lands were taken as these lands have already been constructed upon or otherwise utilised in the execution of the said Kelavarapalli Reservoir Scheme with the completion of the said Scheme nearly three thousand six hundred and seventy-eight hectares of land will be benefited besides helping the rapid industrialisation of the backward and drought prone areas -in the Dharmapuri district. The Government have, therefore, decided that their title to the lands already taken possession of shall, be perfected and the execution of the Scheme should be completed without further delay.5. It was therefore, decided to validate the possession already taken and to provide for the vesting of the lands in question, in the Government free from encumbrances, from, the date on which the lands were taken possession of. It was also decided to pay compensation for the acquisition of these lands as far as possible in the same manner as under the Land Acquisition Act, 1894 (Central Act I of 1894) as amended up to data, that is, as amended by Central Act 68 of 1984.6. It was also decided that in working out the amount of compensation that is payable under the said Land Acquisition Act in, respect of the lands taken possession of, the market value of the lands in question as on the date on which the respective land was takes possession of by, or on behalf of, the Government will be taken into account. Accordingly, the Keirvara-palli Reservoir Scheme (Acquisition of Land), Ordinance, 1987 (Tamil Nadu Ordinance 3 of 1987) was promulgated by the Governor.7. The Bill seeks to replace the said Ordinance.Published in Part IV-Section 1 of the Tamil Nadu Government Extraordinary, dated the 10th March 1987.Received the assent of the President on the 8th April 1987 and first published in the Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated 10th April 1987.An Act to provide for the acquisition of certain lands for the Kelavarapalli Reservoir Scheme in the Hosur taluk of the Dharmapuri district.Whereas under Article 48 of the Constitution of India the State shall endeavour to organise agriculture on modem and scientific lines;And Whereas in the interest of the general public and in order that maximum possible advantage may result in the matter of agricultural production and for bringing prosperity to the backward and droughtprone areas, it has been considered necessary, as a measure of agrarian reform to bring more lands under cultivation in the Dharmapuri district by improving the irrigation system on modern and scientific lines, in pursuance of the directive principle enshrined in the said Article 48 of the Constitution of India;And Whereas the Kelavarapalli Reservoir Scheme in the Hosur taluk of the Dharmapuri district was framed in the year 1977 at an estimated cost of five hundred and fifty-one lakhs of rupees without escalation cost and six hundred and fifty nine lakhs of rupees including escalation cost so as to be a source of irrigation on modem and scientific lines to benefit a new area of three thousand two hundred arid forty hectares (eight thousand acres) of dry land and to stabilise an extent of four hundred and thirty-eight hectares (one thousand and eighty-three acres) of existing wet ayacut in the Dharmapuri district and for rapidly industrialising the said district;And Where AS the lands specified in the Schedule, among other lands, were needed for a public purpose, namely, the execution of the Kelavarapalli Reservoir Scheme including the construction of the dam and other work connected therewith;And Whereas the possession of the lands specified in the Schedule which were required for the speedy execution of the Kelavarapalli Reservoir Scheme was taken on behalf of the State Government by the officers of the State Government and considerable progress has been made in the execution of the said Scheme as specified below:-| 1. Earth Dam | Almost completed. |
| 2. Masonry dam | 73.30 per cent |
| 3. Left Main Canal excavation | 17.172 kilometres out of 30.50 kilometres. |
| 4. Left Main Canal lining | 9.317 kilometres out of 30.50 kilometres. |
| 5. Left Main Canal C. M. works | 37 Numbers out of 188 Numbers |
| 6. Right Main Canal excavation | 13.797 Kilometres out of 22.58 kilometres. |
| 7. Right Main Canal lining | 10.228 kilometres out of 22.58 kilometres. |
| 8. Right Main Canal CM. works | 39 Numbers out of 50 Numbers |