The Kelavarapalli Reservoir Scheme (Acquisition of Land) Act, 1987

(1) This Act may be called the Kelavarapalli Reservoir Scheme (Acquisition of Land) Act, 1987. (2) It shall be deemed to have come into force on the 14th day of February 1987.

It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles laid down in clauses (b) and (c) of Article 39 of the Constitution of India.

In this Act, unless the context otherwise requires,— (1) "court" means the subordinate judge's court having jurisdiction and if there is no subordinate judge's court, the district court, having jurisdiction; (2) "Government" means the State Government; (3) "person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land; (4) "prescribed authority" means any authority or person authorised by the Government in this regard, by notification; (5) "scheduled lands" means the lands specified in the Schedule to this Act and includes benefits to arise out of such lands and, things attached to the earth or permanently fastened to any thing attached to the earth.

Notwithstanding anything to the contrary contained in the Land Acquisition Act, 1894 (Central Act I of 1894) or any other law for the time being in force or any settlement, grant, agreement, usage, custom or any decree or order of a court or any Tribunal or other authority, the scheduled lands which have been taken possession of by, or on behalf of, the Government (whether with or without the consent of the persons interested) shall be deemed, and shall be deemed always to have (a) validly taken possession of and acquired for a public purpose, namely, for the purpose of execution of the Kelavarapalli Reservoir Scheme including the construction of the dam and other work connected therewith; and (b) vested absolutely in the Government free from all encumbrances, on the respective date of taking possession of the said lands specified in column (5) of the Schedule against the scheduled land specified in the corresponding entry in column (2) thereof.

Every person having any interest in the scheduled land shall be entitled to receive and be paid compensation as hereinafter provided.

(1) In respect of the scheduled lands acquired under this Act, there shall be paid compensation, the amount of which shall be determined in the manner specified in, and in accordance with the provisions of, this Act. (2) The prescribed authority shall, as soon as may be after the publication of this Act in the Tamil Nadu Government Gazette, cause public notice to be given at convenient places on or near the scheduled land stating that claims to compensation for all interests in such scheduled land may be made to him. (3) Such notice shall state the particulars of the scheduled land and shall require all persons interested in the scheduled land to appear personally or by agent before the prescribed authority at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice) and to state the nature of their respective interests in the scheduled land and the amount and particulars of their claims to compensation for such interests. The prescribed authority may in any case require such statement to be made in writing and signed by the party or his agent. (4) The prescribed authority shall also serve notice to the same effect on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the Dharmapuri district. (5) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business and registered under sections 28 and 29 of the Indian Post Office Act, 1898 (Central Act VI of 1898). (6) On the day so fixed, or on any other day to which enquiry has been adjourned, the prescribed authority shall proceed to enquire into the value of the scheduled land on the date of taking possession of the said scheduled land and into the respective interests of the persons claiming compensation and shall make an order under his hand of- (i) the compensation which in his opinion should be allowed for the scheduled land; and (ii) the apportionment of the said compensation among all the persons known or believed to be interested in the scheduled land, of whom, or of whose claims, the prescribed authority has information whether or not they have respectively appeared before him. (7) The order under sub-section (6) shall be made within a period of two years from the date of publication of this Act in the Tamil Nadu Government Gazette. A copy of the said order shall be published in the Tamil Nadu Government Gazette and shall also be communicated to every person interested in the scheduled land. Explanation.—In computing the period of two years referred to in this sub-section, any period or periods subsequent to the date of publication of this Act in the Tamil Nadu Government Gazette during which the proceedings for the making of an order under this sub-section were held up on account of any stay or injunction by order of any court shall be excluded.

(1) In determining the amount of compensation to be awarded for the scheduled lands acquired under this Act, the prescribed authority shall take into consideration- firstly, the market value of the scheduled land on the respective date of taking possession of the land by, or on behalf of, the Government; secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the scheduled land at the time of taking possession thereof; thirdly, the damage (if any) sustained by the person interested, at the time of taking possession of the scheduled land, by reason of severing such scheduled land from his other lands; fourthly, the damage (if any) sustained by the person interested, at the time of taking possession of the scheduled land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner or his earnings; fifthly, if, in consequence of the acquisition of the scheduled land, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change. (2) In addition to the market value of the scheduled land as above provided, there shall be paid an amount calculated at the rate of twelve per centum per annum on such market value for the period commencing on and from the date of taking possession of the scheduled land to the date of the order under sub-section (6) of section 6. Explanation.—In computing the period referred to in this section, any period or periods subsequent to the date of publication of this Act in the Tamil Nadu Government Gazette during which the proceedings for the making of an order under sub-section (6) of section 6 were held up on account of any stay or injunction by the order of any court shall be excluded. (3) In addition to the market value of the scheduled land as above provided, there shall be paid a sum of thirty per centum on such market value in consideration of the compulsory nature of the acquisition.

In determining the amount of compensation under this Act, the following shall not be taken into consideration, namely :- firstly, the degree of urgency which has led to acquisition; secondly, any disinclination of the person interested to part with the land acquired; thirdly, any damage sustained by him, which, if caused by a private person, shall not render such person liable to a suit; fourthly, any increase to the value of the scheduled land acquired likely to accrue from the use to which it is put; fifthly, any increase to the value of the other land, of the person interested likely to accrue from the use to which the scheduled land acquired is put; sixthly, any outlay or improvements on, or disposal of, the scheduled land acquired, commenced, made or effected after the date of taking possession of the scheduled land.

(1) The prescribed authority shall, within one month from the date of publication of this Act in the Tamil Nadu Government Gazette- (a) tender payment of eighty per centum of the compensation for the scheduled land as estimated by the prescribed authority (hereafter in this section referred to as "the amount") to the persons entitled thereto, and (b) pay the amount to them unless prevented by some one or more of the contingencies mentioned in sub-section (2) of section 11 and where the prescribed authority is so prevented, the provisions of section 22, sub-section (2) (except the second proviso thereto) shall apply as they apply to the payment of compensation under that section. (2) The amount paid or deposited under sub-section (1) shall be taken into account for determining the amount of compensation required to be paid under this Act and where the amount paid or deposited exceeds the compensation determined under section 6, the excess may, unless refunded within three months from the date of the order under sub-section (6) of section 6, be recovered as an arrear of land revenue.

The prescribed authority shall pay the amount of compensation determined under section 6 with interest thereon at the rate of nine per centum per annum for the period of one year from the date of taking possession of the scheduled lands and at the rate of fifteen per centum per annum from the date of expiry of the said period of one year until it shall have been so paid or deposited.

(1) Where several persons claim to be interested in the amount of compensation determined, the prescribed authority shall determine the persons who, in his opinion are entitled to receive compensation and the amount payable to each of them. (2) If any dispute arises as to the apportionment of the compensation or any part thereof, or as to the persons to whom the same or any part thereof is payable, the prescribed authority may refer such dispute to the decision of the court.

(1) Any person aggrieved by an order made by the prescribed authority under sub-section (6) of section 6 may, by written application to the prescribed authority, require that the matter be referred by the prescribed authority for the determination of the court, whether his objection be to the amount of compensation, the persons to whom it is payable or the apportionment of the compensation among the persons interested. (2) The application shall state the grounds on which objection to the order made under sub-section (6) of section 6 is taken: Provided that every such application shall be made,— (a) if the person making it was present or represented before the prescribed authority at the time when he made the order under sub-section (6) of section 6, within six weeks from the date of the said order; (b) in other cases, within six weeks of the receipt of the order, communicated under sub-section (7) of section 6, or within six months from the date of the order of the prescribed authority, whichever period shall first expire.

(1) In making a reference under section 12, the prescribed authority shall state for the information of the court, in writing under his hand.- (a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon; (b) the names of the persons whom he has reason to think interested in such land; (c) the amount of compensation determined under section 6; (d) the amount paid or deposited under sub-section (1) of section 9; and (e) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined. (2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by, the parties interested respectively.

The court shall thereupon cause a notice specifying the day on which the court will proceed to determine the objection, and directing their appearance before the court on that day to be served on the following persons, namely :- (a) the applicant: (b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of compensation determined; and (c) if the objection is in regard to the area of the land or the amount of compensation, the prescribed authority.

The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.

Every such proceeding shall take place in open court, and all persons entitled to practise in any civil court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding.

The amount of compensation awarded by the court shall not be less than the amount determined by the prescribed authority under section 6.

(1) Every award shall be in writing signed by the judge, and shall specify the amount awarded under clause first of sub-section (1) of section 7, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts. (2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of section 2, clause (2), and section 2, clause (9), respectively, of the Code of Civil Procedure, 1908 (Central Act V of 1908).

(1) Every such award shall also state the amount of costs incurred in the proceedings, and by what persons and in what proportions they are to be paid. (2) When the amount determined by the prescribed authority is not upheld, the costs shall ordinarily be paid by the prescribed authority, unless the court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the prescribed authority that some deduction from his costs should be made or that he should pay a part of the costs of the prescribed authority.

If the amount which, in the opinion of the court, the prescribed authority ought to have awarded as compensation is in excess of the amount which the prescribed authority did award as compensation, the award of the court may direct that the prescribed...

(1) Where in an award the court allows to the applicant any amount of compensation in excess of the amount determined by the prescribed authority under section 6, the persons interested in the scheduled land and who are also aggrieved by the order of the prescribed authority may, notwithstanding that they had not made an application to the prescribed authority under section 12 by written application to the prescribed authority within three months from the date of the award of the court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the court: Provided that in computing the period of three months within which an application to the prescribed authority shall be made, under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. (2) The prescribed authority shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicant. (3) Any person who has not accepted the award under sub-section (2), may, by written application to the prescribed authority require that the matter be referred by the prescribed authority for the determination of the court and the provisions of sections 7, 8 and 12 to 14 shall, so far as may be, apply to such reference as they apply to a reference under section 12.

(1) After the amount of compensation has been determined, the prescribed authority shall tender payment of the compensation to the persons entitled thereto and shall pay it to them. (2) If the persons entitled to the compensation do not consent to receive it or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive compensation, or as to the apportionment of it, the prescribed authority shall deposit the amount of compensation in the court: Provided further that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 12: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.

(1) If any money shall be deposited in court under sub-section (2) of section 22 and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the court shall (a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited (b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as the court shall think and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land and such moneys shall remain so deposited and invested until the same be applied— (i) in the purchase of such other lands as aforesaid; or (ii) in payment of any person or persons becoming absolutely entitled thereto. (2) The court may, if it thinks fit, at the expense of the Government, pay the costs of (a) the cost of such investments as aforesaid; (b) the costs of the orders for the payment of the interest or other proceeds of the securities upon which such moneys are for the time being invested, and for the payment out of court of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.

When any money shall have been deposited in court under this Act for any cause other than that mentioned in section 23, the court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as it may consider will give the parties interested therein the same benefit therefrom as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be.

Subject to the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the court and from any decree of the High Court passed on such appeal as aforesaid an appeal shall lie to the Supreme Court subject to the provisions contained in Order XLV-A of the Code of Civil Procedure, 1908 (Central Act V of 1908).

(1) The prescribed authority may, for the purpose of carrying out the provisions of sections 6, 7, 10, 11 and 21, by order, require any person to furnish such information in his possession relating to the scheduled lands as may be specified in such order. (2) The prescribed authority shall, while holding an enquiry under this Act, have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 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) reception of evidence on affidavit; (d) requisitioning any public record from any court or office; (e) issuing commission for examination of witnesses.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of publication of this Act in the Tamil Nadu Government Gazette. (2) Every order under sub-section (1) shall, as soon as possible, after it is made, be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such order or the Assembly decides that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

(1) The Kelavarapalli Reservoir Scheme (Acquisition of Land) Ordinance, 1987 (Tamil Nadu Ordinance 3 of 1987), is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act.