The Land Acquisition (Maharashtra Extension and Amendment) Act, 1964

1. (1) This Act may be called the Land Acquisition (Maharashtra Extension and Amendment) Act, 1964
2. (2) It extends to the whole of the State of Maharashtra.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

On the commencement of this Act, the Land Acquisition Act, 1894 (hereinafter referred to as " the principal Act ") and the rules made thereunder as in force in the Bombay area, except the Land Acquisition (Bombay Amendment) Act, 1948, shall extend and be in force throughout the State of Maharashtra; and accordingly on such commencement,—

1. (a) in section 1 of the principal Act,—
   • (i) in sub-section (2), after the words and letter " comprised in Part B States " the words, " other than the Hyderabad area of the State of Maharashtra " shall be inserted;
   • (ii) in sub-section (3), after the figures " 1894 ", the words, brackets and figures, " but in the Hyderabad area of the State of Maharashtra it shall come into force on such day as is appointed under sub-section

1. (3) of section 1 of the Land Acquisition (Maharashtra Extension and Amendment) Act, 1964 " shall be added;
   • (b) the Land Acquisition Act as in force in the Hyderabad area of the State shall stand repealed;
   • (c) the Land Acquisition (Bombay Amendment) Act, 1960, shall stand repealed; (d)
     • (i) the amendments made in sections 28 and 34 of the principal Act, in its application to the Vidarbha region of the State, by the Central Provinces and Berar Land Acquisition (Amendment) Act, 1939;
     • (ii) the amendments made in sections 3 and 18 of the principal Act, in its application to the Vidarbha region of the State, by the Central Provinces and Berar Land Acquisition (Amendment) Act, 1949; and
     • (iii) the amendment made in section 17 of the principal Act, in its application to the Vidarbha region of the State, by the Central Provinces and Berar Land Acquisition (Second Amendment) Act, 1949; shall cease to have effect, and shall stand repealed;
   • (e) the amendments made in sections 28 and 34 of the principal Act by the Land Acquisition (Bombay Amendment) Act, 1938, and in force in the Bombay area of the State, shall be in force in the rest of the State;
   • (f) the amendments made to the principal Act by—
     • (i) sections 2 to 4 (both inclusive) of the Land Acquisition (Bombay Amendment) Act, 1945,
     • (ii) section 6 of the Bombay Land Acquisition Officers Proceedings Validation Act, 1949,
     • (iii) section 2 of the Land Acquisition (Bombay Amendment) Act, 1950,
     • (iv) sections 2 to 11 (both inclusive) of the Land Acquisition (Bombay Amendment) Act, 1953,
     • (v) section 2 of the Land Acquisition (Bombay Amendment) Act, 1958, and
     • (vi) the notifications issued by the State Government under sub-section
2. (4) of section 3 of the Bombay Commissioners of Divisions Act, 1957, for amending the principal Act in its application to the Bombay area of the State, shall extend and be in force throughout the State.

In the principal Act so extended and brought into force throughout the State of Maharashtra,—

1. (a) in section 3, in clause (d), for the words " the expression ' Court ' means " the following shall be substituted, namely :— " the expression ' Court ' [except in sub-section

1. (3) of section 18] means " ;
   • (b) to section 18, the following sub-section shall be added, at the end, namely:— "
2. (3) Any order made by the Collector on an application under this section shall be subject to revision by the High

In section 17 of the principal Act; after sub-section (4), the following Explanation shall be and shall be deemed always to have been inserted, namely :—

"Explanation.—It shall not be necessary for the purpose of sub-section

1. (1) for taking possession of any waste or arable land, to state separately which lands are waste and which are arable."

1. (1) Notwithstanding anything contained in any judgment, decree or order of any court, where any lands have been acquired or purported to be acquired, or where any proceedings have been taken or are being taken, for the acquisition of land for a public purpose or a Company, then subject to sub-section (2), every such acquisition or proceedings for acquisition shall be deemed to be valid and effectual, and shall not be invalid for any one or more of the following grounds, that is to say,—
   • (a) that any of the lands acquired or mentioned in any of the proceedings had been cultivated lands, and therefore were not "arable " lands ; or
   • (b) that in respect of lands which were in fact waste or arable, in any proceedings or notifications no statement was made that they were waste or arable lands or in any proceedings or notifications it was not specified which of the lands were arable and which waste, and that the authority issuing any notification did not apply its mind to the question whether the lands were arable or waste at all, or which of the lands were in fact arable, and which were in fact waste ; or
   • (c) that the whole or part of the compensation for such lands has been paid or is to be paid out of any sum provided, whether by way of loan, grant or otherwise howsoever by the State Government to a Company, such Company being a corporation owned or controlled by the State, and that since such sum had become part of the fund of the Company, and any part of the compensation was consequently not paid or to be paid out of public revenues, and that, therefore, Part VII of the principal Act should have been followed for the purposes of acquisition ; and that the authority issuing any notification in respect of such lands did not know correctly the source of the compensation awarded or to be awarded, and therefore, did not apply its mind to the question whether the lands acquired or to be acquired, were for a public purpose, or for a Company ; and accordingly, the acquisition, purported acquisition, or proceedings, shall not be questioned in any court on any one or more of the grounds aforesaid, and any such lands acquired, or purported to be acquired shall be deemed to duly vest in the State Government, and such proceedings shall be deemed to be validly taken.
2. (2) The provisions of clause
   • (c) of sub-section
3. (1) shall not apply in respect of acquisitions or proceedings for acquisition of lands—
   • (i) in Special Civil Application No. 1024 of 1963 (S. S. Jhaveri vs. The State of Maharashtra) and Special Civil Application No. 1121 of 1963 (Jogindarlal Shamlal vs. The State of Maharashtra) ;
   • (ii) in respect of which notifications under sections 4 and 6 under the principal Act have been cancelled and the possession of lands has been returned or is to be returned by reason of the fact that the notifications under the principal Act were issued after the date of the judgment in Special Civil Application No. 1024 of 1963 (S. S. Jhaveri vs.

Repeal The Land Acquisition (Maharashtra Amendment and Validation of Certain Proceedings for Acquisition of Lands) Ordinance, 1965, is hereby repealed; and anything done or action taken by or under the Ordinance so repealed shall be deemed to have been done or taken under the principal Act as amended by this Act in so far as it is inconsistent therewith.