CHAPTER VI: ACQUISITION

 

  1. LIABILITY TO ACQUISITION

(1) Notwithstanding anything contained in the Land Acquisition Act, 1894 (I of 1894), any land within the area shall be liable to acquisition at any time in accordance with the provisions of this Chapter.

(2)  The Authority may acquire or purchase in a transparent manner any immovable property or land for any public purpose including development of housing or any other scheme, urban renewal, redevelopment, environmental improvement or removal of source of pollution or traffic congestion.

25A.    APPLICATION OF LAND ACQUISITION ACT

The Authority may acquire an immovable property under this Act and, unless otherwise provided under this Act, the provisions of the Land Acquisition Act, 1894 (I of 1894) shall apply.

25B.    COMPENSATION

(1) The Authority shall determine the mode of compensation in the form of cash, bonds, debentures, annuities, alternate land, developed sites or in a combination of such forms.

(2)  Where the Authority determines any mode of compensation other than cash, the person interested shall have the option to receive compensation either in cash or in that mode or in both such forms if so determined by the Authority.

(3)  Where the compensation is to be paid in cash, it shall be determined by the Collector at the time of announcement of the award.

(4)  If any person has, by mistake, fraud or misrepresentation, received any compensation or any excess compensation, which was not payable to him, the Collector shall call upon such person to refund such amount and in case of default the Collector may recover it as arrears of land revenue.

(5)  The Authority shall not provide alternate land or developed site in any scheme except the scheme for which the property was acquired.

(6)  Where provision of alternate land or developed site is part of a scheme but for any reasons, such land or developed site cannot be provided, the Authority shall pay compensation in cash at such rate as is mentioned in the award of the Collector.

(7)  If the Authority, after due diligence, satisfies any claim of compensation, the Authority shall not entertain any subsequent claim in respect of the property and the person who is subsequently declared as person interested shall recover the compensation from the person who earlier received compensation for the said property.

(8)  The Collector, tribunal or a court may direct a beneficiary of compensation to compensate any subsequent bona fide claimant or person interested.

25C.   TRIBUNAL

(1) The Government shall constitute a tribunal to decide objections regarding the person interested, measurement of the land under acquisition, award, apportionment or payment of compensation.

(2)  Notwithstanding anything contained in the Land Acquisition Act, 1894 (I of 1894), any person aggrieved from an award of the Collector may, within sixty days from the date of the award, submit objections against the award before the tribunal.

(3)  The tribunal shall consist of a President and two assessors, each of them shall be called a member of the tribunal.

(4)  The president of the tribunal shall be–

(a)  a Senior Civil Judge or a Civil Judge First Class with at least five years’ experience as Civil Judge;

(b)  an advocate of not less than seven years’ experience as advocate of High Court; or

(c)  a retired District and Sessions Judge or a retired Additional District and Sessions Judge.

(5)  The Government shall appoint the President and assessors for a period of two years on such terms and conditions as may be prescribed but a person who is more than sixty-five years of age shall not be appointed as the President or assessor.

(6)  The Government shall prescribe qualifications of an assessor.

(7)  The Government may–

(a)  dissolve the tribunal with effect from such date as may be mentioned in the notification to be published in the official Gazette; and

(b)  provide in that notification the consequences of such dissolution.

(8)  The Government shall fill a vacancy in the tribunal within a period of thirty days from the date of occurrence of the vacancy.

(9)  The Government may, on the recommendations of the President, create such posts of officers and staff as may be necessary and appointment to such posts shall be made in the prescribed manner.

(10)   The Authority shall bear all expense of the tribunal, including remuneration of the members and other servants of the tribunal and such expense shall be a valid charge on the funds of the Authority.

25D.    INQUIRY AND DECISION

(1) The tribunal may–

(a)  conduct an inquiry in any case;

(b)  while inquiring into a case, exercise powers of a civil court under the Code of Civil Procedure, 1908 (V of 1908) in respect of the following matters:-

(i)    summon and enforce attendance of a person, compel a person to give oral or written evidence on oath and to produce a document or any other material;

(ii)    receive evidence on affidavit;

(iii)   requisition information from any office; and

(iv)   issue summons for witnesses or documents.

(2)  The tribunal shall not be constituted in the absence of the President but the absence of an assessor or assessors shall not adversely affect the proceedings of the tribunal.

(3)  A decision of the tribunal shall be expressed in terms of the opinion of the majority, or if the case has been decided by the President and only one of the assessors and there is a difference of opinion between them, the decision of the tribunal shall be expressed in terms of the opinion of the President.

(4)  The tribunal shall finally decide a case within six months from the date of initiation of proceedings and if it fails to decide the case within six months then it shall conduct day to day proceedings in the case till the final decision of the case.

(5)  The tribunal shall execute its decisions as if it is a civil court under the Code of Civil Procedure, 1908 (V of 1908).

25E.    Patent errors

The Collector or the tribunal may, at any time, correct any patent error of law or any patent arithmetical or clerical error or mistake in the award, decision or order.

  1. Purchase, lease or exchange of property

The Authority may, by negotiations, in the prescribed manner, purchase, lease or exchange any land or building or any other property by entering into an agreement with the owner of the property, or a person legally competent to sell, lease out or exchange such property.