The Land Acquisition (Tamil Nadu Amendment) Act, 1948

1. (1) This Act may be called the Land Acquisition (Tamil Nadu Amendment) Act, 1948.
2. (2) It extends to the whole of the State of Tamil Nadu.

In section 17 of the Land Acquisition Act, 1894-

1. (a) to sub-section (1), the following Explanation shall be added, namely :- "Explanation.-This sub-section shall apply to any waste or arable land, notwithstanding the existence thereon of scattered trees or temporary structures such as huts, pandals or sheds ;"
2. (b) in the first paragraph of sub-section (2)-
   • (i) before the word "Whenever" at the commencement, the following shall be inserted, namely :- "In the following cases, that is to say-";
   • (ii) the portion beginning with the word "Whenever" and ending with the words "access to any such station" shall be lettered as clause
3. (a) and after the clause as so lettered, the following clause shall be inserted, namely :- "(b) whenever in the opinion of the Collector it becomes necessary to acquire the immediate possession of any land-
   • (i) for the purpose of any library or educational institution, or
   • (ii) for the construction, extension or improvement of-
4. (A) any building or other structure in any village for the common use of the inhabitants of such village, or
5. (B) any godown for any society registered or deemed to be registered under the Madras Co-operative Societies Act, 1932*, or
6. (C) any dwelling house for the poor, or
7. (D) any irrigation tank, irrigation or drainage channel, or any well, or
8. (E) any road."

Where any land is acquired for the execution of any housing scheme, the Land Acquisition Act, 1894 (Central Act I of 1894), as in force in the State of Tamil Nadu, shall apply subject to the following modifications, namely :-

1. (1) In section 23 of the said Act,-
   • (a) in sub-section (1),-
     • (i) for clause firstly, the following clause shall be substituted, namely :- "firstly, the market value of the land at the date of the publication of the notification under section 4, sub-section (1), or an amount equal to the average market value of the land during the five years immediately preceding such date, whichever is less;"
     • (ii) in clause fifthly, the word "and " occurring at the end shall be omitted ;
     • (iii) in clause sixthly, the word " and " shall be added at the end; and
     • (iv) after clause sixthly, the following clause shall be added, namely :- "seventhly, the use to which the land was put at the date of the publication of the notification under section 4, sub-section (1)." ;
   • (b) in sub-section (2), the words "fifteen per centum ", the words "five per centum" shall be substituted ;
2. (2) In section 24 of the said Act,-
   • (i) in clause sixthly, the word "or" occurring at the end shall be omitted;
   • (ii) in clause seventhly, the word " or " shall be added at the end; and
   • (iii) after clause seventhly, the following clause shall be added, namely :- "eighthly, any increase to the value of the land acquired by reason of its suitability or adaptability for any use other than the use to which the land was put at the date of the publication of the notification under section 4, sub-section (1)."

The provisions of section 3 shall apply also to every case in which proceedings have been started before the commencement of this Act for the acquisition of any land for the execution of any housing schemes, provided that no award has been made by the Collector under section 11 of the Land Acquisition Act, 1894 (Central Act I of 1894), before such commencement.

In section 7 of the principal Act, for the words "by the appropriate Government in this behalf", the words "by the appropriate Government in this behalf, or by the Commissioner of Land Administration, as the case may be." shall be substituted.

After section 16 of the principal Act, the following sections shall be inserted, namely :- "16-A. Restriction on transfer, etc.-(1) No person or authority (other than the Government), for whom any land is acquired under this Act for any public purpose as referred to in sub-section

1. (1) of section 4, shall transfer the said land or any part thereof by way of sale, mortgage, gift, lease or otherwise except with the previous sanction of the Government.
2. (2) Where it is noticed or any information has been received that any land has been transferred in contravention of sub-section (1), the Government may, by an order, declare the transfer to be null and void, and on such declaration, the land shall, as penalty, be forfeited to, and vest in, the Government in Revenue Department free from all encumbrances : Provided that no order under this sub-section, shall be made unless that authority has had a reasonable opportunity of being heard. 16-B. Land to be forfeited in certain cases.-Where the Government are satisfied that the land acquired under this Act for any public purpose as referred to in sub-section
3. (1) of section 4 is not used for the purpose for which it was acquired, they may, by an order, forfeit the land as penalty and the land shall vest in the Government in Revenue Department free from all encumbrances : Provided that no order under this section, shall be made unless the person or authority aggrieved has had a reasonable opportunity of being heard.".

In section 18 of the principal Act,-

1. (1) in sub-section (2), for the words "The application shall state the grounds on which objection to the award is taken", the following shall be substituted, namely :- "The application shall state-
   • (a) the grounds on which the objection to the award is taken ; and
   • (b) if it relates to the enhancement of compensation, the exact amount required to be enhanced;" ;
2. (2) after sub-section (2), the following sub-section shall be substituted, namely :- "(3) Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908 (Central Act V of 1908), or in any other law for the time being in force or in any contract, the applicant shall, if such application relates to the amount of compensation and if the acquisition is not made for the Government, implead the person or authority, as the case may be, for whom the acquisition is made, as a party in such application.".

In section 19 of the principal Act, in sub-section (1), after clause (b), the following clause shall be inserted, namely :- "(bb) the name of the person or authority to be impleaded as a party in the proceedings of the court where the acquisition is not made for the Government;".

After section 23 of the principal Act, the following section shall be inserted, namely:-

"23-A. Restriction on withdrawal of amount.--The amount of compensation awarded by any Court under this Act shall be deposited in that Court and, the Court shall not allow the person interested to withdraw such amount till the final disposal of the matter in this regard in the highest forum :

Provided that if the Court considers that it is absolutely necessary to allow the person interested to withdraw the amount of compensation, the Court may allow him to withdraw only the amount awarded by the Collector.

Explanation.--For the purpose of this section, "Court" includes the High Court."

For section 25 of the principal Act, the following section shall be substituted, namely:-

"25. Amount of compensation awarded by Court.--The amount of compensation awarded by the Court shall not be less than the amount awarded by the Collector under section 11 and shall not be more than the amount claimed by the person interested.

25-A. Payment of compensation awarded by Court.--Notwithstanding anything contained in this Act or in any other law for the time being in force or any contract, in cases where the acquisition is not made for the Government and the compensation awarded under section 25 or section 28-A or section 54, is in excess of the amount awarded by the Collector under section 11, the excess amount so awarded including the interest, if any, payable under section 28, shall be paid by the person or authority for whom the acquisition is made."

In section 28-A of the principal Act, in sub-section (1), after the words "the persons interested in all the other land ", the words " which is similar in all respects and merits and is " shall be inserted.

Section 34-A of the principal Act shall be renumbered as sub-section

1. (1) of that section and after sub-section
2. (1) as so renumbered, the following sub-section shall be inserted, namely :- "(2) Where it is noticed or any information has been received that any land has been transferred in contravention of sub-section (1), the Government may, by order, declare the transfer to be null and void and on such declaration, the land shall, as penalty, be forfeited to, and vest in, the Government in Revenue Department free from all encumbrances: Provided that no order under this sub-section shall be made unless the company has had a reasonable opportunity of being heard."

After section 48-A of the principal Act, the following section shall be inserted, namely :-

"48-B. Transfer of land to original owner in certain cases.--Where the Government are satisfied that the land vest in the Government under this Act is not required for the purpose for which it was acquired, or for any other public purpose, the Government may transfer such land to the original owner who is willing to repay the amount paid to him under this Act for the acquisition of such land inclusive of the amount referred to in sub-sections (1-A) and

1. (2) of section 23, if any, paid under this Act. "

After section 54 of the principal Act, the following section shall be inserted, namely :-

"54-A. Service of notice by High Court.--Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act V of 1908), the Court before which an appeal or revision is pending shall, on the admission of such appeal or revision, cause notice to be served on the person or authority also, other than the Government, for whom the acquisition is made."