Chapter VIII CHAPTER VIII

1. (1) Where, on any representation from the Metropolitan Authority, it appears to the State Government that, in order to enable the Authority to discharge any of its functions or to exercise any of its powers or to carry out any of its projects or schemes or development programmes, 1[or to provide any amenity by itself or through any recognised agency] it is necessary that any land in any part of the Metropolitan Region should be acquired, the State Government may acquire the land by publishing in the Official Gazette a notification to the effect that the State Government has decided to acquire the land in pursuance of this section : Provided that, before publishing such notification, the State Government shall by notice published in the Official Gazette and served in the prescribed manner, call upon the owner of, or any other person who, in the opinion of that Government, may be interested in such land to show cause, why it should not be acquired, and after considering the cause if any, shown by the owner or any other person interested in the land, the State Government may pass such order as it deems fit. 2[Explanation.- For the purposes of this Chapter "recognised agency" means any Department of the Central Government or the State Government or a local authority or a Government Company as defined in section 617 of the Companies Act, 1956 (I of 1956) or any other Corporation or Government undertaking established by or under any law for the time being in force].
2. (2) The acquisition of land for any purpose mentioned in sub-section (1) shall be deemed to be a public purpose 3[and the acquisition of any land for such purpose shall in all cases be made in accordance with the relevant provisions of this Chapter].
3. (3) When a notification as aforesaid is published in the Official Gazette, the land shall, on and from the date on which the notification is so published, vest absolutely in the State Government free from all encumbrances.

1. (1) Subject to the provisions of section 43, where any land is vested in the State Government under sub-section (3) of section 32, the State Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the service of the notice.
2. (2) If any person fails or refuses to comply with an order under sub-section (1), the State Government may take possession of the land and may for that purpose use such force as may be reasonably necessary.
3. (3) Where any land is taken possession of as aforesaid, the State Government shall make that land available to the Metropolitan Authority for the purpose of discharging its functions and exercising its powers 1[or to the recognised agency for providing an amenity for which the land is acquired, as the case may be].

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

1. (1) Where any land (including any building thereon) is acquired and vested in the State Government under this Chapter and it is situated in 1[Brihan Mumbai] or any area within the jurisdiction of any municipal council in the Metropolitan Region, the State Government shall pay for such acquisition an amount, which shall be determined in accordance with the provisions of this section.
2. (2) Where the amount has been determined with the concurrence of the Authority, by agreement between the State Government and the person to whom it is payable, it shall be determined and paid in accordance with such agreement.
3. (3) Where no such agreement can be reached, the amount payable in respect of any land acquired shall be an amount equal to one hundred times, the net average monthly income actually derived from such land, during the period of five consecutive years immediately preceding the date of publication of the notification referred to in section 32, as may be determined by the Competent Authority.
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 Schedule III.
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. The Competent Authority shall then publish a notice in a conspicuous place on the land and serve it in the prescribed manner 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 net average monthly income actually derived from the land as determined by the Competent Authority. If such owner or person does not agree, he may intimate to the Competent Authority before the specified date what amount he claims to be such net average monthly income.
6. (6) Any person who does not agree to the net average monthly income as determined by the Competent Authority under sub-section (5) and the amount for acquisition to be paid on that basis 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 sub-section (5).
7. (7) On appeal, the Tribunal shall, after hearing the appellant, determine the net average income and the amount to be paid on that basis and its determination shall be final and shall not be questioned in any Court.

1. (1) Where the owner of the land and the owner of the building thereon are different persons or several persons claim to be interested in the amount for acquisition determined under the last preceding section, the Competent Authority shall determine the persons who in its opinion are entitled to receive the same and the sum payable to each of them.
2. (2) If any dispute arises as to the apportionment of the amount 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. (1) After the amount for acquisition has been determined, the Competent Authority shall, on behalf of the State Government, tender payment of, and pay the amount to the persons entitled thereto.
2. (2) If the persons entitled to the amount do not consent to receive it, or if there be any dispute as to the title to receive the same or as to the apportionment of it, the Competent Authority shall deposit the amount in 1[Brihan Mumbai], in the Bombay City Civil Court and in any other municipal area 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 purpose of determining the amount for acquisition 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 35, have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (V of 1908), in 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) receiving evidence on affidavit ;
   • (d) requisitioning any public record from any Court or office ;
   • (e) issuing commissions for examination of witnesses.

When the amount for acquisition 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 determined with interest thereon, from the time of so taking possession until the amount shall have been so paid or deposited, at the rate of 4 per cent. per annum for the first six months and thereafter at the rate of 9 per cent. per annum.

The State Government may, by notification in the Official Gazette, appoint an officer who is holding or has held an office, which in its opinion is not lower in rank than that of Deputy Collector or Executive Engineer, to be a Competent Authority for the purposes of the foregoing provisions of this Chapter, and one or more such officers may be appointed for the whole of any municipal area or areas or any part thereof.

The State Government may, by notification in the Official Gazette, constitute a Tribunal consisting of the President (being a person who is holding or has held any judicial office not lower in rank than that of City Civil Court Judge or District Judge for a period of not less than five years) and a person who is holding or has held an office not below the rank of Deputy Director of Town Planning and a person who is holding or has held office not below the rank of Superintending Engineer to Government.

1. (1) Where any land (including any building thereon) is acquired and vested in the State Government under this Chapter and it is situated in any part of the Metropolitan Region, excluding 1[Brihan Mumbai] and any area within the jurisdiction of any municipal council (in this Chapter referred to as "a rural area"), the State Government shall pay for such acquisition an amount, which shall be determined in accordance with provisions of this section.
2. (2) Where the amount has been determined, with the concurrence of the Authority, by agreement between the State Government and the person to whom it is payable, it shall be determined and paid in accordance with such agreement.
3. (3) Where no such agreement can be reached, the State Government shall refer the case to the Collector, who shall determine the amount for acquisition in accordance with the principles for determining compensation laid down in the Land Acquisition Act, 1894 (I of 1894), and the provisions of that Act (including provisions for reference to Court and appeal) shall apply thereto mutatis mutandis as if the land has been acquired and compensation had to be determined, apportioned and paid under the provisions of that Act, subject to the modifications that references in sections 23 and 24 of that Act to the date of publication of the notification under section 4, sub-section (1), were references to the date on which the notice under the proviso to sub-section (1) of section 32 is published and the references to the time or date of the publication of the declaration under section 6 were references to the date of publication of the notification under sub-section (3) of section 32 of this Act in the Official Gazette. Explanation.- In this section, "Collector" means the Collector of a District, and includes any officers specially appointed by the State Government or by the Commissioner to perform the functions of a Collector under the Land Acquisition Act, 1894 (I of 1894).

Where any building is acquired under this Chapter and is vested in the Authority and is proposed to be demolished, it shall be the duty of the Authority, before evicting the occupiers, to provide such alternative accommodation, at such place and of such nature and size, as the Authority may deem fit, and on such terms and conditions as the Authority may determine, only to those persons who are occupiers of residential premises in the building, either as an owner or tenants, and who are actually residing in the building at the time of their eviction. If any occupier fails to accept and occupy the alternative accommodation allotted to him, within 45 days from the date of allotment, the responsibility of the Authority to provide him with such accommodation shall cease. The decision of the Authority as regards any matter contained in this section shall be final and shall not be questioned in any Court. Explanation.-1[I] In this section, "building" means a house or tenement or tenements let or intended to be let or occupied separately, but does not include any building which is unauthorised or which is a temporary building as defined in clause (sb) of section 3 of 2[the Mumbai Municipal Corporation Act (Bom. III of 1888)]. 3[Explanation II.- Where any building acquired under this Chapter is vested in a recognised agency, all references to the Authority in this section shall be construed as references to the agency concerned].