section 40
Special powers in case of urgency to acquire land in certain cases
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Gujarat Amendment) Act, 2013Civil2013117 sections13 chapters
Part VII ACCELERATED PROCESS FOR PUBLIC PURPOSE IN URGENT CASES
Statutory text
Special powers in case of urgency to acquire land in certain cases.—
- (1) In cases of urgency, whenever the appropriate Government so directs, the Collector, even if no compensation has been awarded under section 30, may, on the expiration of thirty days from the publication of the notice mentioned in section 21, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrances.
- (2) The powers of the appropriate Government under sub-section
- (1) shall be restricted to the minimum area required for the defence of India or national security or for any emergencies arising out of natural calamities or any other emergency with the approval of Parliament: Provided that the Collector shall not take possession of any land or building used as a farmhouse, without providing alternative settlement as necessitated.
- (3) Before taking possession of any land under sub-section
- (1) or sub-section (2), the Collector shall tender payment of eighty per cent. of the compensation admissible under this Act for such land estimated by him to the persons interested entitled thereto.
- (4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1), sub-section
- (2) and sub-section
- (3) are applicable, the appropriate Government may direct that any or all of the provisions of Chapter IV and Chapter V shall not apply, and, if it does so direct, a declaration may be made under section 19 in respect of the land at any time after the publication of the preliminary notification under sub-section
- (1) of section 11.
- (5) An additional compensation of seventy-five per cent. of the total compensation as determined under section 27 shall be paid by the Collector in respect of land and property acquired or possession taken under this section.
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