Chapter V ACQUISITION AND DISPOSAL OF LAND BY THE AUTHORITY

(i) When any land other than the land owned by the Central Government is required for the purposes of the Authority under this Act, the State Government may, at the request of the Authority, proceed to acquire it under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and on payment by the Authority of the compensation awarded under that Act and of any other charges incurred in acquiring the land, the land shall vest in the Authority. (ii) For the purposes of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and any other law for the time being in force, the Authority shall be deemed to be a local authority. (iii) The Authority may also acquire property by way of allotment, direct purchase, gift, lease or any other instrumentality.

(i) Subject any directions by the State Government under this Act, the Authority may dispose of- (a) Any land acquired by it or transferred to it by the State Government without undertaking or carrying out any development thereon, or (b) Any such land after undertaking or carrying out such development as it thinks fit to such persons, in such manner and subject to such terms and conditions as it considers expedient for securing proper development. (ii) The transfer of land to any person under sub-section (i) shall be subject to such further conditions as may be prescribed with regard to completion of buildings or parts thereof or with regard to extension of period for such completion and payment of fees for such extension. (iii) Nothing in this Act shall be constructed as enabling the Authority to dispose of land by way of gift, but subject to this conditions, reference in this Act to the disposal of land shall be constructed as reference to the disposal thereof in any manner whether by way of sale, exchange, lease or by the creation of any easement, right or privilege or otherwise. (iv) Subject to the provisions hereinbefore contained, the Authority may sell, lease, or otherwise transfer whether by auction, allotment or otherwise any land or building belonging to it on such terms and conditions as it may, from time to time determine. (v) The consideration money for any transfer under sub-section (iv) shall be paid to the Authority in such manner as may be determined by the Authority. (vi) Notwithstanding anything contained in any other law for the time being in force, any land or building, or both, as the case may be, shall continue to belong to the Authority until the entire consideration money together with interest and any other amount, if any, due to the Authority, on accounts of the transfer of such land or building or both is paid. (vii) Unless and until conditions provided in the regulations made by the Authority are fulfilled, the transferee shall not transfer any of his rights in the land or building except with the previous permission of the Authority which may be determined by the Authority which may be granted on such terms and conditions and on payment of such fee as may be determined by the Authority.

(i) Where any person makes default in the payment of- (a) Any rent due in respect of any lease of any land or building, or both, as the case may be, under section 39; or (b) Any fees or contribution payable under this Act in respect of any land or building, or both, the Estate Officer may direct that in addition to the amount of arrears, a sum not exceeding that amount shall be recovered from the person by way of penalty: provided that no such direction shall be made unless the person affected thereby has been given a reasonable opportunity of being heard in the matter. (ii) Where any person makes default in the payment of any amount, being the arrears or penalty or both directed to be paid under sub-section (i), such amount may be recovered from him, as arrears of land revenue.

(i) Where any transferee makes default in the payment of any consideration money, or any installment, on account of the transfer of any land or building, or both, under section 39, the Estate Officer may, by notice in writing, call upon the transferee to show cause, within a period of thirty days, why a penalty as may be determined by the Authority be not imposed upon him, Provided that the penalty so imposed shall not exceed the amount due from the transferee. (ii) After considering the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer may, for reasons to be recorded, in writing, make an order imposing the penalty and directed that the amount of money due along with the penalty shall be paid by the transferee within such period as may be specified in the order. (iii) If the transferee fails to pay the amount due together with the penalty in accordance with the order may under sub-section (ii) and commits a breach or any other conditions of transfer, the Estate Officer may, by notice in writing call upon the transferee to show cause within a period of thirty days, why an order of resumption of the land or building or both, as the case may be, and forfeiture of the whole or any part of the money, if any, paid in respect thereof which in no case shall exceed ten percent of the total amount of the consideration money, interest and other dues payable in respect of the transfer of the land or building or both, should not be made. (iv) After considering the cause, if any, shown by the transferee in pursuance of a notice under sub-section (iii), and any evidence that he may produce in respect of the same and after giving him a reasonable opportunity of being heard in the matter, the Estate officer may, for reasons to be recorded, in writing, make an order resuming the land or building or both, as the case may be, and direct the forfeiture as provided in sub-section (iii) of the whole or any part of the money paid in respect of such transfer. (v) Any person aggrieved by an order of the Estate Officer under section 40 or under this section may, within a period of thirty days of the date of communication to

i. If the Estate Officer appointed by the Authority is satisfied- a. that any person authorized to occupy any premises of the Authority has not paid rent lawfully due from him in respect of such premises for a period of more than two months; or sublet, without the permission of the Estate Officer, the whole or any part of such premises; or otherwise acted in contravention of any of the terms expressed or implied, under which he is authorized to occupy such premises; or b. that any person is in un-authorized occupation of any premises of the Authority; or c. that any person has not vacated any premises which has been resume under Section 41: The Estate Officer may, notwithstanding anything contained in any law for the time being in force, by notice served by post or affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner may be prescribed order that person, as well as any other person, who may be occupation of the whole or any part of the premises, shall vacate them within the period of thirty days from the date of the service of the notice: Provided that no such order shall be passed unless such person has been afforded and opportunity to show cause as to why such order should not be made. ii. If any person refuses or fails to comply with an order made under sub-section (i), the Estate Officer may evict that person from, and take possession of, the premises and may for that purpose use such force, as may be necessary. iii. If a person, who has been ordered to vacate any premises under sub-clause (1) or sub-clause (3) of clause (a) of sub-section (i), within a period of thirty days from the date of service of the notice or within such longer time as the Estate Officer may allow, pays the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the Estate Officer, as the case may be, the Estate Officer shall in lieu of evicting such person under sub-section (ii) cancel his order made under sub-section (ii) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him.