section 5
Validation of certain acquisitions or proceedings for acquisition of lands
The Land Acquisition (Maharashtra Extension and Amendment) Act, 1964Civil19656 sections
Statutory text
- (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) The provisions of clause
- (c) of sub-section
- (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.
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