section 10
Amendment of section 35 of Act I of 1894
The Land Acquisition (Bombay Amendment) Act, 1938Civil193811 sections
Statutory text
In section 35 of the said Act,--
- (1) after sub-section (1), the following sub-sections shall be inserted, namely:-- "(1A) Before issuing a direction under sub-section
- (1) the State Government may require the Collector to submit--
- (a) a plan of the land which is needed for occupation and use; and
- (b) an estimate of the compensation that would be payable under sub-section (2); and upon the issue of such a requisition the Collector shall cause public notice of the substance of the requisition to be given at convenient places in the locality in which the land is situated. (1B) After the issue of such notice, it shall be lawful for any officer either generally or specially authorised by the Collector in this behalf, and for his servants and workmen to exercise the powers conferred by sub-section
- (2) of section 4. (1C) The officer authorised under sub-section (1B) shall at the time of his entry pay or tender payment for all necessary damage to be done as aforesaid, and, in the case of dispute as to the sufficiency of the amount to be paid or tendered, he shall at once refer the dispute to the decision of the Collector and such decision shall be final;";
- (2) in sub-section (2), for the words "The Collector shall thereupon" the words "Upon the issue of a direction under sub-section
- (1) the Collector shall" shall be substituted.
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