Chapter V ACQUISITION OF LAND 13. Power of State Government to acquire land.-(1) Where on

Where any land in a slum area of clearance-area has been acquired under this Act, the State Government shall make the land available to the competent authority for the purpose of executing any work of improvement or carrying out any order of demolition or for the purpose of the re-development.

Every person having any interest in any land acquired under this Act shall be entitled to receive from the State Government the amount as provided hereinafter in this Act.

(1) The amount payable in respect of any land, acquired under this Act shall be an amount equal to sixty times the net average monthly income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notice referred to in section 13. (2) The net average monthly income referred to in sub-section (1) shall be calculated in the manner and in accordance with the principles set out in the Schedule appended to this Act. (3) The competent authority shall, after holding an inquiry in the prescribed manner, determine in accordance with the provisions of sub-section (2) the net average monthly income actually derived from the land and publish a notice in the Official Gazette specifying the amount so determined and calling upon the owner of the land and every person interested therein to intimate it, before a date specified in the notice whether such owner or person agrees to the amount so determined and if he does not so agree, what amount he claims to be the net average monthly income actually derived from the land. (4) Any person who does not agree to the amount of the net average monthly income determined by the competent authority under sub-section (3) (4) [sic] Any person who is dissatisfied with the amount determined by the competent authority and claims a sum in excess of that amount may prefer an appeal to the State Government within thirty days from the date specified in the notice referred to in that sub-section. (5) On appeal the State Government shall, after hearing the appellant, determine the net average monthly income and its determination shall be final and shall not be questioned in any court of law. (6) Where there is any building on the land in respect of which the net average monthly income has been determined, no separate amount shall be paid in, respect of such building: Provided that where the owner of the land and the owner of the building on such land are different, the competent authority shall apportion the amount between the owner of the land and the owner of the building in the same proportion as the market price of the land bears to the market price of the building on the date of acquisition: Provided further that the amount in respect of the building shall not in any case exceed fifty per cent of the total amount which has been determined in accordance with the provisions of this section.

(1) Where several persons claim to be interested in the amount determined under section 16, the competent authority shall determine the persons who in its opinion are entitled to receive amount and the amount payable to each of them. (2) If any dispute arises as to the apportionment of amount or any part thereof, or as to the persons to whom the same or any part thereof is payable, competent authority may refer the dispute to the decision of the State Government and the State Government in deciding any such dispute shall follow, as far as may be, the provisions of Part-III of the Land Acquisition Act, 1894 (1 of 1894).

(1) After the amount has been determined the competent authority shall on behalf of the State Government tender payment of and pay the amount to the persons entitled thereto. (2) If the persons entitled to the amount do not consent to receive it , or if there be any dispute as to the title to receive amount or as to the apportionment of it, the competent authority shall deposit the amount in the court of the District Judge and that court shall deal with the amount so deposited in the manner laid down in sections 32 and 33 of the Land Acquisition Act, 1894 (1 of 1894).

(1) The competent authority may for the purpose of determining the amount or apportionment thereof, require, by order, any person to furnish such information in his possession as may be specified in the order. (2) The competent authority shall, while holding inquiry under section 16, have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) reception of evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing commissions for examination of witnesses.

(1) Notwithstanding anything contained in any other law for the time being in force, no person shall, except with the previous permission in writing of the competent authority, (a) institute, after the commencement of the Act, any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; or (b) where any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of a tenant from any building or land in such area, execute such decree or order. (2) Every person desiring to obtain the permission referred to in sub-section (1) shall make an application in writing to the competent authority in such form and containing such particulars as may be prescribed. (3) On receipt of such application, the competent authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall, by order in writing, either grant or refuse to grant such permission. (4) In granting or refusing to grant the permission under sub-section (3) the competent authority shall take into account the following factors, namely:- (a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted; (b) whether the eviction is in the interest of improvement and clearance of the slum areas; (c) such other factors, if any, as may be prescribed. (5) Where the competent authority refuses to grant the permission, it shall record a brief statement of reasons for such refusal and furnish a copy thereof to the applicant.

Any person aggrieved by an order of the competent authority refusing to grant the permission referred to in sub-section (1) of section 20 may, within such time and manner as may be prescribed, prefer an appeal to the State Government and the decision of the State Government on such appeal shall be final.

(1) Where a tenant in occupation of any building in a slum area vacates any building or is evicted therefrom on the ground that it was required for the purpose of executing any work of improvement or for the purpose of re-erection of the building, the tenant may, within such time as may be prescribed, file a declaration with the competent authority that he desires to be replaced in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be. (2) On receipt of such declaration, the competent authority shall by order require the owner of the building to furnish to it, within such time as may be prescribed, the plans of work of improvement or re-erection of the building and estimates the cost thereof and such other particulars as may be necessary and shall, on the basis of such plans and estimates and particulars, if any, furnished and having regard to the provisions of sub-section (3) of section 23 and after holding such inquiry as it may think fit, provisionally determine the rent that would be payable by the tenant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1). (3) The rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the tenant and the owner. (4) If the tenant after the receipt of such communication intimates in writing to the competent authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1), he would pay to the owner until the rent is finally determined under section 23 the rent provisionally determined under sub-section (2), the competent authority shall direct the owner to place the tenant in occupation of the building after the completion of the work of improvement or re-erection of the building, as the case may be, and the owner shall be bound to comply with such direction.

(1) Where any building in a slum area is let to a tenant after the execution of any work of improvement or after it has been re-erected, the rent of the building shall be determined in accordance with the provisions of this section. (2) Where any such building is let to a tenant other than a tenant who is placed in possession, of the building in pursuance of a direction issued under sub-section (4) of section 22 the tenant shall be liable to pay the owner, (a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance with the provisions of that law; (b) if there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant. (3) Where any such building is let to a tenant in pursuance of a direction issued under sub-section (4) of section 22, the tenant shall, notwithstanding any law relating to the control of rents in force in the area, be liable to pay to the owner- (a) if any work of improvement has been executed in relation to the building an annual rent of a sum equivalent to the aggregate of the following amounts, namely:- (i) the annual rent the tenant was paying immediately before he vacated the building for improvement; (ii) six per cent of the cost of the work of improvement; and (iii) six per cent of a sum equivalent to the amount payable in respect of any land which may have been acquired for the purpose of effecting such improvement as if such land were acquired under section 13 on the date of the commencement of the work of improvement; (b) if the building has been re-erected, an annual rent of a sum equivalent to four per cent of the aggregate cost of reconstruction of the building and the cost of the land on which the building is erected. Explanation.- For the purpose of this clause, "the cost of the land" shall be deemed to be a sum equivalent to the amount payable in respect of the land if it were acquired under section 13 on the date of commencement of the reconstruction of the building.

Nothing in this chapter shall apply to or in relation to the execution of any decree or order under any law for the eviction of a tenant from any building in a slum area belonging to the State Government or any local authority.