Extent to which Land Acquisition Act shall apply to acquisition of land otherwise than by agreement

The Land Acquisition Act, 1894 (I of 1894) (in this and the next succeeding sections referred to as “the Land Acquisition Act”) shall to the extent set forth in Schedule CC, regulate and apply to the acquisition of land under this Chapter, otherwise than by agreement, and shall for that purpose be deemed to form part of this Chapter in the same manner as if enacted in the body hereof, subject to the provisions of this Chapter and to the provisions following namely:—

1. (1) A reference to any section of the Land Acquisition Act shall be deemed to be a reference to such section, as modified by the provisions of this Chapter, and the expression land, as used in the Land Acquisition Act, shall be deemed to have the meaning assigned to it by clause (r) of section 3 of .this Act, and clause (b) of section 3 of the Land Acquisition Act shall, for the purposes of this Chapter, be read as if the words and parenthesis (including Government) were inserted after the words “includes all persons” and the words “or if he is the owner of any right created by legislative enactment over any street forming part of the land” were added after the words “affecting the land”;
2. (2) in the construction of sub-section (2) of section 4 of the Land Acquisition Act and the provisions of this Chapter, the provisions of the said sub-section shall, for the purposes of this Act, be applicable immediately upon the passing of a resolution under sub-section (1) of section 354-C, 354-O, 354-R, 354-RI, or 354-RM, as the case may be, and the expression ‘State Government’, shall be deemed to include the Commissioner, and the words “such locality” shall be deemed to mean the locality referred to in any such resolution;
3. (3) in the construction of the sections of the Land Acquisition Act deemed to form part of this Chapter and of the provisions of this Chapter, the publication of a notification under sub-section (1) of section 354G or 354P, or the publication of notice of a compulsory acquisition order having been made under clause (2) (a) of Schedule HH to this Act shall be deemed to be the publication of notification, under sub-section (1) of section 4 of the Land Acquisition Act and the date of publication of the declaration under section 354M or 354P or of publication of notice of a compulsory acquisition order having been confirmed under clause (1) of Schedule GG shall be deemed to be the date of the publication of the declaration under section 6 of the Land Acquisition Act: These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 142. These words were substituted for the words “the Corporation” by Mah. 27 of 1999, s. 142. These words were substituted for the words “Subject to the general or special orders issued in this behalf by the Mayor-in- Council, the powers of the Commissioner” by Mah. 27 of 1999, s. 143.

1888 : III] The Mumbai Municipal Corporation Act 295

Provided that where land is acquired under section 354-H or sub-section (3) of section 354I the date of publication of the notification under sub-section (1) of section 354-G shall be deemed to be the date of publication of a declaration under section 6 of the Land Acquisition Act: Provided further that the provisions of sub-section (2) of section 23 of the Land Acquisition Act shall apply when land, other than land forming part of any improvement scheme approved under section 354D, is acquired specifically under this Act for the purpose of a police accommodation scheme; and that in all other cases, in which land is notified for acquisition after the 1 st October 1933 (being the date on which the City of Bombay Municipal (Amendment) Act,

1933 (Bom. XIII of 1933) came into operation) additional compensation in consideration of the

compulsory nature of the acquisition shall be awarded on the scale set out in Schedule DD;

1. (4) the provisions of sub-section (1) of section 17 of the Land Acquisition Act to take possession of land shall apply to any land which the Commissioner is authorised to acquire under this Chapter as if it were waste or arable land needed urgently for a public purpose subject to the condition that the Corporation shall pay additional compensation in the form of interest not exceeding 6 per cent. on the compensation awarded from the date on which possession of land is taken by the Collector;
2. (5) in the construction of sub-section (2) of section 50 of the Land Acquisition Act and the provisions of this Chapter, the Commissioner shall be deemed to be “the local authority or Company concerned”;
3. (6) notwithstanding anything contained in sub-section (2) of section 49 of the Land Acquisition Act, it shall not be competent for the owner of any building, of which it is proposed to acquire only a part, to insist on the acquisition of his entire holding where the part proposed to be acquired can, in the opinion of the Collector, be served from the remainder without material detriment thereto: Provided that the Collector shall, if required by the owner of such building, refer the question whether such part can be served from the remainder without material detriment for the determination of the Court and the Court shall decide upon such a reference, as if it were a reference to the Court under the said sub-section:

Provided also that, if, in the opinion of the Collector, or in the event of, a reference of the

Court, the part proposed to be acquired cannot be served from the remainder without material detriment thereto, the State Government may, at the instance of the Commissioner, order the acquisition of the remainder, and in such case no fresh declaration shall be necessary, but the Collector shall without delay furnish a copy of the order of the State Government to the person or persons interested and shall thereafter take order for the acquisition of the remainder in like manner and with like powers in all respect as if the acquisition had originally been provided for in the improvement scheme or under a compulsory acquisition order, as the case may be;

1. (7) section 54 of the Land Acquisition Act shall not apply to any case of acquisition of land to which section 354SA applies.