Chapter XIII MISCELLANEOUS

If the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and if not a Magistrate, he shall apply to a Magistrate and such Magistrate shall enforce the surrender of the land to the Collector.

(1) Save as otherwise provided in Section 62, the service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice, by the officer therein mentioned, and, in the case of any other notice, by order of the Collector. (2) Whenever it may be practicable, the service of the notice shall be made on the person therein named. (3) When such person cannot be found, the service may be made on any adult member of his family residing with him; and, if no such adult member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the Collector or in the court-house, and also in some conspicuous part of the land to be acquired: Provided that, if the Collector shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and also publish the same in at least two local daily newspapers and also on his website.

(1) The Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken. (2) Whenever the Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.

(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired: Provided that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Authority concerned and shall not be taken possession of such land until after the question has been determined. (2) In deciding on such a reference made under the proviso to sub-section (1), the Authority concerned shall have regard to the question whether the land proposed to be taken, is reasonably required for the full and unimpaired use of the house, manufactory or building. (3) If, in the case of any claim under this Act, by a person interested, on account of the severing of the land to be acquired from his other land, the Government is of opinion that the claim is unreasonable or excessive, it may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part. (4) In the case of any acquisition of land so required no fresh declaration or other proceedings under Sections 11 to 19, (both inclusive) shall be necessary; but the Collector shall without delay furnish a copy of the order of the Government to the person interested, and shall thereafter proceed to make his award under Section 23.

(1) Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Requiring Body, the charges of land incidental to such acquisition shall be defrayed from or by such fund or Requiring Body. (2) In any proceeding held before a Collector or Authority concerned in such cases the local authority or Requiring Body concerned may appear and adduce evidence for the purpose of determining the amount of compensation: Provided that no such local authority or Requiring Body shall be entitled to demand a reference to the Authority concerned under Section 60.

No income tax or stamp duty shall be levied on any award or agreement made under this Act, except under Section 44 and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.

In any proceeding under this Act, a certified copy of a document registered under the Registration Act, 1908 (16 of 1908), including a copy given under Section 57 of that Act, may be accepted as evidence of the transaction recorded in such document.

No suit or other proceeding shall be commenced against any person for anything done in pursuance of this Act, without giving to such person a month’s previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amendments.

No change from the purpose or related purposes for which the land is originally sought to be acquired shall be allowed: Provided that if the land acquired is rendered unusable for the purpose for which it was acquired due to a fundamental change because of any unforeseen circumstances, then the Government may use such land for any other public purpose.

No change of ownership without specific permission from the Government shall be allowed.

When any land, acquired under this Act remains unutilized for a period specified for setting up of any project or for five years whichever is later from the date of taking over the possession, the same may be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the Government by reversion in the manner as may be prescribed by the Government. Explanation — For the purpose of this section, “Land Bank” means a governmental entity that focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and tax-delinquent properties into productive use.

The provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force.

Notwithstanding anything contained in this Act, the Government shall, wherever possible, be free to exercise the option of taking the land on lease, instead of acquisition, for any public purpose referred to in sub - section (1) of Section 3.

(1) Subject to sub-section (3), the provisions of this Act shall not apply to the enactments relating to land acquisition specified in the Third Schedule. (2) Subject to Section 101, the Government may, by notification, omit or add to any of the enactments specified in the Third Schedule. (3) The provisions of this Act relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with Second Schedule and infrastructure amenities in accordance with the provision of Section 32 of this Act shall apply to the enactments relating to land acquisition specified in the Third Schedule with effect from the publication of the Act in the official Gazette.

(1) The Government may, by notification, amend or alter any of the Schedules to this Act, without in any way reducing the compensation or diluting the provisions of this Act relating to compensation or rehabilitation and resettlement; (2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before the Legislative Assembly, while it is in session, for a total period of thirty days which may be compromised in one session or in two or more successive sessions aforesaid, the House agree in disapproving the issue of the notification or the House agree in making any modification in the notification, the notification shall not be issued or as the case may be, shall be issued only in such modified form as may be agreed upon by the House.

The State government may, by notification in the official gazette, make rules for the purpose of carrying out the provisions of this Act. Every rule made by the Government under this Act shall be laid as soon as may be after it is made, before State Legislative Assembly.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty:

(1) The Land Acquisition Act, 1894 (No. 1 of 1894) as adapted in the State of Mizoram along with its subsequent State Amendment Act, 2011 (Act No. 10 of 2011) hereby stand repealed. (2) Save as otherwise provided in this Act, the repeal under sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals. (3) The Mizoram (Land Acquisition, Rehabilitation and Resettlement) Ordinance, 2015 (1 of 2015) is hereby replaced. (4) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.