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State of Kerala - Section

Section 19 in Kerala Land Acquisition Act, 1961

19. Special powers in cases where land is needed urgently.

(1)In cases of urgency, whenever the Government or the District Collector, for reasons to be recorded in writing, so direct, or directs, the Collector may, on the expiration of fifteen days from the publication of the notice mentioned in sub-section (1) of section 9, take possession of any land needed for a public purpose though no award has been made. Such land shall thereupon vest absolutely in the Government, free from all encumbrances :Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least three days' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
(2)In every case under sub-section (1), the Collector 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 sustained by them caused by such sudden dispossession and not excepted m section 26 , and, in case such officers is not accepted, the value of such crops and trees and the amount of such other damage shall lie allowed for in awarding compensation for the land under the provisions herein contained.
(3)In every case under sub-section (1), the Collector may, on a request in wilting by all the parties interested and on furnishing sufficient security, after such summary enquiry as be may think fit to institute and after satisfying himself that the parties are lawfully entitled to receive the compensation, pay a sum not exceeding fifty per cent of the probable compensation that may he finally awarded in respect of such acquisition, provided that no payment shall be made where there is a dispute as regards the person entitled to the compensation The advance compensation paid under this sub-section shall he adjusted towards the final compensation payable under the award.
(4)In the case of any land to which, in the opinion of the Government or the District Collector, the provisions of sub-section (1) are applicable, the Government or the District Collector, as the case may be, may direct that the,provisions of section 5 shall not apply, and, if they or he so direct or directs, a declaration may be made under section 6 in respect of the land at any time after the publication of the notification under sub-section (1) of section 3. .