section 129
Possession of land in case of urgency.
The Maharashtra Regional and Town Planning Act, 1966Infrastructure1966196 sections11 chapters
Chapter VII LAND ACQUISITION
Statutory text
- (1) At any time after the publication of a notification under sub-section (2) of section 126, where the State Government, on an application of the Planning Authority, Development Authority or Appropriate Authority, is satisfied that the possession of any land which is reserved or designated for a public purpose either under a Regional plan or Devlopment plan 1 * * * * * is urgently required 2[ for defence of India or national security or for natural calamities or for any other emergency, by that authority with the approval of the State Government], the State Government may, by an order in writing authorise the Collector to enter on and take possession of the land under acquisition after giving a notice of fifteen days; and thereupon, the right or interest in that land shall be extinguished from the date specified in the order; and on the date on which possession is taken, the land shall vest without any further assurance and free from encumbrances in the State Government : Provided that, before or at the time of taking possession of any land under this subsection, the Collector shall offer to the person interested compensation for the standing crops and trees, if any, on such land; and for any damage sustained by him which is caused by such sudden dispossession and not excepted 3[ in section 28 of the Right to Fair Compensation and Transperency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)], and if such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed in awarding compensation for the land under the provisions of the said Act.
- (2) Where possession of land is taken under sub-section (1), the Planning Authority, the Development Authority or as the case may be, Appropriate Authority shall subject to the provisions of sub-section (1), pay to the owner concerned 4[ interest and other comensation as per the provisions of the Right to Fair Compensation and Transperency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013)], from the date of taking possession of the land under acquisition to the date of payment.
- (3) Where possession of land is taken under sub-section (1), the Planning Authority, or Development Authority, or as the case may be, the Appropriate Authority may, at the request of the person interested, pay an advance not exceeding two-thirds of the amount estimated to be payable to such person on account of the land after executing an agreement in that behalf under section 157.
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