section 25AC
Acquisition of land covered by schemes for purposes of water-courses.
The Irrigation Laws (Amendment) Act, 1964Infrastructure196421 sections
Statutory text
- (1) The publication of the final scheme shall, in relation to the land to be acquired or right or interest in land to be extinguished for the purposes of the final scheme, be deemed to be a declaration under section 6 of the Land Acquisition Act, 1894, and shall be conclusive as if it were made under that section and the land is needed, or right or interest is required to be extinguished for a public purpose within the meaning of the said Act. On the publication of the final scheme, the Collector shall proceed to take order for the acquisition of the land, right or interest, as the case may be, and the provisions of the aforesaid Act shall apply to the determination of the amount of compensation, the apportionment of the compensation, and other matters relating to the acquisition of the said land, right or interest. The State Government may make rules in all matters connected with the enforcement of the said provision in so far as they are applicable to the acquisition of such land, right or interest.
- (2) Notwithstanding anything to the contrary in this Act, or in the Land Acquisition Act, 1894, at any time after the publication of the final scheme, the State Government may direct that the land to be acquired under the final scheme shall be taken possession of by the authorised Canal officer, and the right and interest in land specified in the scheme shall be extinguished from the date specified in the direction. On the date on which possession is taken, the said land shall vest without any further assurance and free from all encumbrances in the State Government : Provided that, before or at the time of taking possession of any land under this sub-section, the Collector shall offer to the person interested compensation for the standing crops, trees and structures, if any, on such land ; and for any damage sustained by him which is caused by such sudden dispossession, and not excepted in section 24 of the Land Acquisition Act, 1894, and if such offer is not accepted, the value of such crops, trees and structures and the amount of such other damage shall be allowed in awarding compensation for the land under the provisions of the said Act.
- (3) On the direction made under sub-section (2), the authorised Canal officer shall be put in possession of the land by the Collector ; and the amount of the cost of acquisition of the land shall be apportioned by the Collector among the holders of land as provided in the final scheme.
- (4) For the purposes of acquisition of any land under this section, the Land Acquisition Act, 1894, shall have effect subject to the modification that the market value of the land shall be deemed to be market value on the date on which the final scheme is published under section 25AA.
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