Chapter V ACQUISITION OF LAND

1. (1) Where on any representation from the Competent Authority it appears to the State Government that, in order to enable the Authority 1[to execute any work of improvement or to redevelop any slum area or any structure in such area, it is necessary that such area, or any land] within adjoining or surrounded by any such area should be acquired, the State Government may acquire the land by publishing in the Official Gazette, a notice to the effect that the State Government has decided to acquire the land in pursuance of this section : 2[Provided that, before publishing such notice, the State Government, or as the case may be, the 3[Competent Authority] may call upon by notice the owner of, or any other person who, in its or his opinion may be interested in, such land to show cause in writing why the land should not be acquired with reasons therefor, to the 4[Competent Authority] within the period specified in the notice; and the 5[Competent Authority] shall, with all reasonable despatch, forward any objections so submitted together with his report in respect thereof to the State Government and on considering the report and the objections, if any, the State Government may pass such order as it deems fit.] 6[(1A) The acquisition of land for any purpose mentioned in sub-section (1) shall be deemed to be a public purpose.]
2. (2) When a notice as aforesaid is published in the Official Gazette, the land shall, on and from the date on which the notice is so published, vest absolutely in the State Government free from all encumbrances.

15. 1[Power of Collector to require person in possession of land to surrender or deliver possession thereof to him etc.].- 2[(1) Where any land is vested in the State Government under sub-section (2) of section 14, the Collector may, by notice in writing order any person who may be in possession of the land to surrender or deliver possession thereof to him, or to any person duly authorised by him in this behalf, within thirty days of the service of the notice.]

1. (2) If any person fails or refuses to comply with an order under sub-section (1), 3[the Collector or such authorised person] may take possession of the land, and may for that purpose use such force as may be reasonably necessary. 4[(3) Where any land is taken possession of as aforesaid, the Collector shall make that land available to the Competent Authority and thereupon the Competent Authority may,-
   • (a) itself carry out any order of demolition or execution of the work of improvement or of redevelopment; or
   • (b) entrust, in accordance with the provisions of section 10A, the work of improvement or other works referred to in that section to any other agency including the Maharashtra Housing and Area Development Authority constituted under the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVII of 1977) or to a Co-operative Housing Society of the occupants of such land or occupants of any other area which has been declared as slum area under section 4.
2. (4) The State Government or the Collector, with the previous approval of the State Government, may subject to such terms and conditions, as the State Government considers expedient for securing the purposes of this Act, transfer by way of lease such land with or without the improvement and other works carried out thereon, to the Co-operative Housing Societies of such occupants.]

1[15A. Vesting of land under Slum Rehabilitation Scheme.- 2[(1) Notwithstanding anything contained in this Act or any other law or regulation for the time being in force, relating to transfer of land and property of the State Government or any public authority of State Government, constituted under any law enacted by the State Legislature, on completion of the Slum Rehabilitation Scheme implemented on the plot of land belonging to the State Government or such public authority, as the case may be, duly sanctioned by the Slum Rehabilitation Authority, within thirty days from the completion of the Slum Rehabilitation Scheme, the State Government or the Chief Executive Officer, with the prior approval of State Government may, declare by notification in the Official Gazette, that such land so declared as the Slum Rehabilitation Area shall vest in Slum Rehabilitation Authority : Provided that, such notification shall be published only after the Slum Rehabilitation Authority has paid compensation to the concerned public authority, urban local body or planning authority, as the case may be, admissible for the land acquisition under section 17.

1. (2) The State Government, or urban local body or planning authority or any public authority of the State Government established under any law enacted by the State Legislature in respect of the Slum Rehabilitation Scheme under sub-section (1), shall be entitled to receive from the Slum Rehabilitation Authority, a compensation as determined under section 17.
2. (3) The Slum Rehabilitation Authority shall recover the amount of compensation paid by it under sub-section (2), from the developer of the Slum Rehabilitation Area or from the person in whose favour it executes the lease of such land.
3. (4) The Slum Rehabilitation Authority, subject to such terms and conditions as it may consider expedient for securing the purposes of this Act, shall lease that part of the land on which rehabilitation component of the Slum Rehabilitation Scheme has been constructed, to the Co-operative Society of the slum dwellers on thirty years lease at such annual lease rent as may be prescribed from time to time, and such lease shall be renewable for a further period of thirty years on the same terms and conditions.
4. (5) The Slum Rehabilitation Authority, subject to such terms and conditions as it may consider expedient for securing the purposes of this Act, shall lease that part of land on which free sale component of the Slum Rehabilitation Scheme shall be constructed, or is being constructed, to the Developer of such Scheme or to the Organisation or Association or Company or Co-operative Society formed by the purchasers of such free sale area on thirty years' lease at such annual lease rent as may be prescribed from time to time, and such lease shall be renewable for a further period of thirty years on the same terms and conditions].

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

1. (1) Where any land is acquired and vested in the State Government under this Chapter, the State Government shall pay for such acquisition compensation, the amount of which shall be determined in accordance with the provisions of this section.
2. (2) Where the amount of compensation has been determined by agreement between 1[the State Government or as the case may be, the Collector] and the person to be compensated, it shall be determined in accordance with such agreement.
3. (3) Where no such agreement can be reached, the amount payable as compensation in respect of any land acquired shall be an amount equal to sixty times the net average monthly income actually derived from such land during the period of the five consecutive years immediately preceding the date of publication of the notice referred to in section 14.
4. (4) The net average monthly income referred to in sub-section (3) shall be calculated in the manner and, in accordance with the principles set out in the First Schedule.
5. (5) The Competent Authority shall, after holding an inquiry in the prescribed manner, determine in accordance with the provisions of sub-section (4) the net average monthly income actually derived from the land, and publish a notice in a conspicuous place on the land and serve it in the manner provided in section 36 and calling upon the owner of the land and every person interested therein, to intimate to 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.
6. (6) Any person who does not agree to the amount of the net average monthly income determined by the Competent Authority under sub-section (5), and claims a sum in excess of that amount may prefer an appeal to the Tribunal within thirty days from the date specified in the notice referred to in that sub-section.
7. (7) On appeal, the Tribunal 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.
8. (8) Where there is any building on the land in respect of which the net average monthly income has been determined, no separate compensation 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 of compensation 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 the acquisition.

1. (1) Where several persons claim to be interested in the amount of compensation determined under section 17, the Competent Authority shall determine the person who in its opinion are entitled to receive compensation, and the amount payable to each of them.
2. (2) If any dispute arises as to the apportionment of compensation or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Competent Authority may refer the dispute to the decision of the Tribunal; and the Tribunal in deciding any such dispute shall follow the provisions of Part III of the Land Acquisition Act, 1894 (1 of 1894) 1[and the decision of the Tribunal on the dispute shall be final and shall not be called in question in any Court or before any authority.]

1. (1) After the amount of compensation has been determined, the Competent Authority shall, on behalf of the State Government, tender payment of, and pay the compensation to the persons entitled thereto.
2. (2) If the persons entitled to compensation do not consent to receive it, or if there be any dispute as to the title to receive compensation or as to the apportionment of it, the Competent Authority shall deposit the amount of the compensation in Greater Bombay, in the Bombay City Civil Court, and elsewhere 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 (I of 1894).

1. (1) The Competent Authority may, for the purposes of determining the amount of compensation or apportionment thereof, require by order any person to furnish such relevant information in his possession as may be specified in the order.
2. (2) The Competent Authority shall, while holding an inquiry under section 17, have all of the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (V of 1908), 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 affidavit ;
   • (d) requisitioning any public record from any court or officer ;
   • (e) issuing commissions for examination of witnesses.

When the amount of compensation is not paid or deposited on or before taking possession of the land the Competent Authority on behalf of the State Government shall pay the amount of compensation determined with interest thereon from the time of so taking possession until the amount shall have been so paid or deposited at such rate (not being less than 4 per cent. per annum) as the State Government may by order fix.