Chapter VI ACQUISITION OF LAND

When a notice under section 17 is published in the official Gazette, the land to which the said notice relates shall, on and from the date on which the notice is so published, vest absolutely in the Government free from all encumbrances.

Every person having any interest in any land acquired under this Act shall be entitled to receive and be paid amount as hereinafter provided.

(1) The amount payable in respect of any land acquired under this Act, shall be three hundred times the property tax payable in respect of such land on the date of publication of the notice referred to in section 17, under the municipal law applicable to such area and where no such property tax is payable in respect of such land, the property tax payable in respect of similar land adjacent thereto. (2) The prescribed authority shall, after holding an enquiry in the prescribed manner, determine by order the amount payable under sub-section (1) and publish the said order in the official Gazette. A copy of the said order shall be communicated to the owner of the land and every person interested therein. (3) Where the owner of the land and the owner of the building on such land are different, the prescribed authority shall apportion the amount between the owner of the land and the owner of the building (in the same proportion as the value of the land bears to the value of the building on the date of the acquisition).

Any person who does not agree to the amount determined by the prescribed authority under sub-section (2) of section 20 may prefer an appeal to the court within such period as may be prescribed.

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

(1) After the amount has been determined, the prescribed authority shall tender payment of the amount to the persons entitled thereto and shall pay it to them. (2) If the persons entitled to the amount do not consent to receive it or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the amount or as to the apportionment of it, the prescribed authority shall deposit the amount in the court, and the court shall deal with the amount so deposited in the manner laid down in sections 32 and 33 of the Land Acquisition Act, 1894 (Central Act I of 1894).

When the amount is not paid or deposited on or before taking possession of the land, the prescribed authority shall pay the amount with interest thereon at the rate of five per cent per annum from the time of so taking possession until it shall have been so paid or deposited and such interest shall be paid or deposited by the prescribed authority in the same manner as provided for the amount.

Subject to the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, a second appeal shall only lie to the High Court from any decision of the court under this Act.

(1) The prescribed authority may, for the purpose of carrying out the provisions of sections 20, 22, 23 and 24 by order require any person to furnish such information in his possession relating to any land which is acquired under this Act as may be specified in such order. (2) The prescribed authority shall, while holding an enquiry under this Act, have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 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 commission for examination of witnesses. Where any land is acquired under-section (1), the Board may undertake the measures referred to in sub-section (1) of section 27 in accordance with such plans as may be approved by the Government and subject to such directions as may from time to time, be given by the Government.

(1) Notwithstanding anyhting contained in sections 17 and 20, the Board may, with the previous approval of the Government, enter into an agreement with any person for the acquisition, from him, by

(1) Where any land has been acquired under this Act, the Government may undertake or cause to be undertaken such measures as may be necessary for the improvement, development, clearance or re-development of the land, or the erection of any building or buildings thereon, in accordance with such plan as may be approved by it. (2) (i) For the purpose of undertaking the measures referred to in sub-section (1), the Government may either hold the land under its own control and management and undertake such measures itself or through the Board on such terms and conditions as may be determined by it, or transfer the land to the local authority concerned or the Board for the purpose of undertaking those measures. (ii) Where the land is transferred as provided in clause (i), such land shall vest in the local authority concerned or the Board, as the case may be, and the local authority or the Board shall,- (a) pay to the Government the cost of acquisition of the land or such portion thereof as the Government may determine in such case; and (b) undertake the measures referred to in sub-section (I) in accordance with such plans as may be approved by the Government, and subject to such directions as may, from time to time, be given by the Government. (3) Where any slum area is located on the land belonging to the Government or any local authority the Government or the local authority may subject to such restrictions and conditions as it may impose, transfer to, and vest in, the Board such land free of cost for the purpose of undertaking such measures as may be necessary for improvement, development, clearance or redevelopment of the land or erection of building or buildings thereon.

(1) Subject to section 27, the Board shall form layout on the lands transferred to and vested in it under sub-section (2) or (3) of section 27 by realigning internal roads for easy and convenient movement of the slum dwellers and for improving the hygienic conditions. The Board may undertake all measures necessary for improvement clearance development or redevelopment of such land and erection of building thereon. (2) The Board may, for the purpose of forming layout under sub-section (1) demolish any structure or building in a slum area in accordance with section 10 and the persons affected by such demolition shall, as far as, may be accommodated within the same slum area and if it is not possible they shall be accommodated in the area available in the adjacent slum area or any other area meant for rehabilitation of slum dwellers. (3) Subject to such restrictions, conditions and limitations as may be prescribed, the Board, shall have power to lease, allot, sell or otherwise transfer the sites formed in the layout under sub-section(1) or dwelling unit of any building constructed in such layout.

(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 prescribed authority,- (a) institute, after the commencement of this Act, any suit or proceedings for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; and (b) where any decree or order is obtained in any suit or proceedings, instituted before such commencement for the eviction of 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 prescribed authority in such form and containing such particulars as may be prescribed. (3) On receipt of such application, the prescribed authority after giving an opportunity to the parties of being heard and after making such summary enquiry 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 permission under sub-section (3), the prescribed 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 area; (c) such other factors, if any, as may be prescribed. (5) Where the prescribed authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant.