Land Law- Internal Assignment

Land Law - Internal Assignment

Q1.
Q. 1 How is land acquired under the Land Acquisition Act, 1894/2015?
Answer:

Land acquired under the Land Acquisition Act, 1894/2015:

The Land Acquisition Act of 1894:

Land acquisition in India is governed by the Land Acquisition Act of 1894 (the 1894 Act) and
Land Acquisition, Rehabilitation and resettlement Ordinance, 2015 (the 2015 Bill).
Object of the Act:
The Land Acquisition Act of 1894 allowed the government to acquire the private land for
public purposes, which could be used for large developmental projects like building roads,
industries, mining, Public Private Partnership (PPP) projects, etc.

the laws concerning compensation are intertwined with laws relating to acquisition of land.
The intent behind these legislations is to strike a balance between smooth acquisition of
land while keeping in mind the interests and rights of the landowners and also, to avoid the
misappropriation of land. The two intrinsic conditions essential for a valid acquisition are:
the right of the owner to get compensation and; strict adherence to the purpose of
acquisition being limited to a public purpose only.

Land acquisition laws are powers vested with the State to acquire a private citizens property
while paying compensation with due regard to various circumstances. These laws surround
themselves in controversy and may be considered to be excessive powers that lie with the
State. Land acquisition and its subsequent effects relating to displacement lead to loss in
economic assets, livelihood and disruption in the overall functioning of a community.

The correct use of such a power can have advantageous effects such as increased economic
growth, development of infrastructure, significant progress in technology etc., These need
to be appropriately balanced in order to safeguard the individual interests of stakeholders
i.e. landowners and to ensure that their property rights are not infringed upon.

The first legislation pertaining to land acquisition was established in the colonial era and
known as Land Acquisition Act 1894. Major criticisms of this Act arose from the nature of
the power entrusted to the State i.e. authorization of acquiring the land even when there is
no consent from the landowners.

Land Acquisition Act, 1894: The 1894 Act has remained the primary source of legislation for
the purpose of acquiring land
Affected parties within the Act
As per the Act, ‘persons interested' are those individuals who are affected by the acquisition
of the land. These are usually the owners of the land.
Upon being notified of the acquisition, affected parties must be given a fair chance to voice
their concerns and views.
The reason behind this provision is to give the affected stakeholders with an opportunity to
contest the acquisition. For example, if a proper procedure was not followed in acquiring
the land or the land in question is not needed for that specific project or compensation is
not appropriately decided, it may be contested in court.
Derivation of an acceptable compensation package to be arrived upon while considering
other factors in determining the numbers.
The Act contemplates various ways in which compensation may be paid such as market
value of the acquired land, number and kind of assets present on the land and whether or
not income may be derived from the land.

Procedure followed in Land Acquisition under the Act

Under this part, acquisition process involves the following steps:-

1. NOTIFICATION
The land acquisition process starts with issuing of a preliminary notification in the Official
Gazette in two locally circulated newspapers. Also the collector is to ensure the “public
notice of substance of such notification” to be given at a convenient place in the locality.
This notice:
Makes it lawful for an authorized officer to enter and inspect the land specified in the
notice without the owner’s permission Alerts the owner not to invest any money or labour
on any improvements to his land without the Collector’s consent and Informs the public not
to acquire any interest in such land.

2. FILING OF OBJECTIONS
Owners and the people who have interest in the land are then required to file their
objections (if any) within 30 days of the issuing of the notice. These objections are to be
submitted to the collector and the collector shall give opportunity of being heard to all those
people who raise objections. After hearing these objections, the collectors submit a report
to the government which contains all his recommendations and all the records of the
proceedings. Then the government takes a decision of acquisition based on the collector’s
report. The right to file objections is regarded a substantial right when a person’s property is
threatened against acquisition.

3. DECLARATION
After the government takes the decision, a declaration is issued under Sec 6(1) and this
declaration must be given equal publicity as the preliminary notification. According to this
Act, this declaration shall be issued within one year from the date of issuing of preliminary
notification.

4. NOTICE TO INTERESTED PARTIES

After the declaration the notified land is planned and measured as per Sections 7 and 8 of
the Act. A notice is issued by the collector to all the land owners and the parties having
interest in that land to inform about government’s intention to acquire their land and also
to call for claims for compensation.

5. ENQUIRY AND AWARD

After the notice is issued, collector conducts an enquiry on the objection raised and
accordingly an award is given. The award contains area of the notified land, compensation
payable and the share of all the interested persons in the compensation. This award should
be made within two years from the date of declaration or else under Sec 6 the acquisition
proceedings will lapse. Any appeal against the award can be made by filing an application to
the collector who shall then refer the matter to the court. The interested parties cannot file
a suit in the ordinary civil courts to establish their claims. The award must be made within
the stipulated time period of 2 years under Section 11A. The period of stay if any to be
excluded from time fixed for passing the award.

6. ACQUISITION
After the award is made the government acquires the land and immediately takes the
possession of the land after paying appropriate compensation.

7. COMPENSATION
The compensation should be based on the market value of the land. If the payment of
compensation is delayed even after acquisition of the land then an interest of 12% per
annum shall also be given. In addition to that, a solatium equivalent to 30% of the market
value shall also be given. The recent judicial trends have also seen refund of compensation
at specific interest rate if the acquired land is not used for the desired purposes

SUMMARY OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND

ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) BILL, 2015:

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Amendment) Bill, 2015
Exemption of five categories of land use from certain provisions:
The Bill creates five special categories of land use: (i) defence, (ii) rural infrastructure, (iii)
affordable housing, (iv) industrial corridors, and (v) infrastructure projects including Public
Private Partnership (PPP) projects where the central government owns the land.

The Bill states that in calculating this time period, any period during which the proceedings
of acquisition were held up: (i) due to a stay order of a court, or (ii) a period specified in the
award of a Tribunal for taking possession, or (iii) any period where possession has been
taken but the compensation is lying deposited in a court or any account, will not be
counted.

This bill not only provides for land acquisition but also for rehabilitation and resettlement
(R&R). The provisions of this bill shall be applicable where the government acquires land
either for its own use or for the use of any private company for public purposes. The earlier
Act only allowed land acquisition by government for government owned companies as well
as schemes run by societies/authorities/co-operative societies while the new Bill allows
acquisition for public purpose by privet companies and Public Private Partnership (PPPs)
apart from government-controlled organizations. According to this bill the private
companies are entitled to provide rehabilitation and resettlement if they acquire land
through private negotiations. R&R shall be equal to or more than 100 acres in rural areas
and 50 acres in urban areas.
As per this bill, the term “public purpose” includes National security and strategic defense
purposes Roads, railways and ports built by government and PSEs Project affected people
Planned development or improvement of villages Residential purposes for the poor
Government projects benefiting public.
This Bill creates five special categories of land use which are exempted
from certain provisions
This includes:-
Defence
Rural infrastructure
Affordable housing
Industrial corridors
Infrastructure projects including PPP projects

The Bill provides the need for a Social Impact Assessment (SIA) by the gram sabha or an
equivalent body in urban areas for preliminary enquiry for land acquisition. This SIA will
examine the licitness of public interest involved. The SIA will be appraised by an Expert
Group (EG) which will consist of two non-official social scientists, two representatives of
Panchayat, Gram Sabha (GS), Municipality or Municipal Corporations as the case may be,
two experts on rehabilitation and a technical expert in the subject relating to the project.
After this the R&R Scheme will be formulated by a designated administrator which will again
be reviewed by the Collector and Commissioner (R&R).
The maximum time line for SIA is six months from its commencement and two months for
EG. The process will lapse in case no land acquisition notification is brought after twelve
months of the EG report. This Bill shall be applicable to sixteen existing legislations which
provide for land acquisition that were excluded under the 2013 Act. These include the
Atomic Energy Act 1962, the National Highways Act 1956, SEZ Act 2005, the Railways Act
1989, the Land Acquisition (mines) Act 1885.

This Bill limits any acquisition of irrigated multi-cropped land only for exceptional
circumstances. In such an acquisition an equivalent area of culturable wasteland has to be
deposited with the government. This Bill stipulates the appointment of an R&R committee
to review R&R progress in case where land acquired is 100 acres or more for public purpose.

Comparison between the Acts.

Land Acquisition, Rehabilitation and
Parameter Land Acquisition Act 1894
Resettlement Bill, 2015
Several uses including
development and housing
Public projects, infrastructure etc., Exclusion of land for private hospitals
Purpose Inclusive of use by certain and private educational institutions.
companies under certain
conditions.
 5 categories mentioned which are
exempt from the Act: 1) Defence 2)
Consent from Affordable Housing 3) Rural
Affected No such clauses within the Act. Infrastructure 4) Industrial Corridor 5)
People Infrastructure
Consent for other projects remains the
same.
The above 5 categories are exempt
Social Impact
No Provision from this however, there are limits
Assessment
added on irrigated land.
Intended use of land is
expressly prohibited in Value specified in the stamp duty and
Market Value determining the market value the average of 50% recorded price in
and is based only on the current the vicinity in sale of land
use of land.
Two times the market value in Urban
Compensation Based on market value. areas; Four times the market value in
Rural areas

R&R award for each affected family

Rehabilitation
with a mandatory employment of at
and No provision
least one member of the affected
Resettlement
family.

No limit on the above mentioned 5

Food Security No provision
categories.

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Q2.
Q. 2 Analyse section 43 to 51 of the Maharashtra land Revenue Code Act, 1966. How does
the Bombay Tenancy and Agricultural Land Act, 1948 ensure that transfer of property?.
Ans:
Answer: ((not attended this question/ Not Answered))

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Q3.
Q. 3 Which are the 'lands' to which the Maharashtra Agricultural Lands(ceilings) Act,1961
applicable?
Answer:

Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961:

This Act the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961
An Act to impose a maximum limit (or ceiling) on the holding of agricultural land in the
State of Maharashtra; to provide for the acquisition and distribution of land held in excess of
such ceiling; [to provide that the lands taken over from undertakings and the integrity of
which is maintained in compact blocks, for ensuring the full and efficient use of the land for
agriculture and its efficient management through corporations (including a company)
owned or controlled by the State, be granted to such corporations or company;] and for
matters connected with the purposes aforesaid.
Whereas, for securing the distribution of agricultural land as best to subserve the common
good, it is expedient in the public interest to impose a maximum limit (or ceiling) on the
holding of agricultural land in the State of Maharashtra; to provide for the acquisition of
land held in excess of the ceiling, and for the distribution there, to landless and other
persons; [also to provide that the lands taken over from undertakings and the integrity of
which is maintained in compact blocks for ensuring the full and efficient use of the land for
agriculture and its efficient management through corporations (including a company)
owned or controlled by the State, be granted to such corporations or company;] and for
matters connected with the purposes aforesaid;

Section 2
DEFINITIONS

In this Act, unless the context otherwise requires, -

(1) "agriculture" includes-

(a) horticulture,
(b) the raising of crops, grass or garden produce or singhare (trapa bispinosa),
(c) the use by an agriculturist of land held by him, or part thereof, for grazing,
(d) the use of any land, whether or not an appanage to rice or paddy land for the purpose of
rab-manure,
(e) dairy farming,
(f) poultry farming,
(g) breeding of live -stock, but does not include the cutting of wood only;

(3) "agriculturist" means a person who cultivates land personally;

(3A) " Amending Act, 1972" means the Maharashtra Agricultural Lands (Lowering of Ceiling
on Holdings) and (Amendment) Act, 1972;]

(4) " appointed day " means the day on which this Act comes into force;

(5) " class of land " means land falling under any one of the following categories, that is to
say :-

(a) land with an assured supply of water for irrigation and capable of yielding at least two
crops in a year, that is to say,-

(i) land irrigated seasonally as well as perennially by flow irrigation from any source
constructed or maintained by the State Government or by any Zilla Parishad or from

any other natural source of water; or (ii) land irrigated perennially by a Government owned
and managed lift from any source constructed or maintained by the State Government or by
any Zilla Parishad or from any other natural source of water ;

(b) land [other than land falling in clause (c)] which has no assured perennial supply of water
for irrigation, but has an assured supply of water for only one crop in a year, that is to say,
land irrigated-

(i) seasonally by flow irrigation from any source constructed or maintained by the State
Government or by any Zilla Parishad or from any other natural source of water; or
(ii) perennially by a lift [other than a lift referred to in item (ii) of clause (a)] from any source
constructed or maintained by the State Government or by and Zilla Parishad or from any
other natural source of water; or

(iii) perennially from a privately-owned well situated on land within the irrigable command
of any irrigation project, or in the bed of a river, stream or natural collection of water or
drainage channel (being a river, stream, natural collection of water or drainage channel
which is a perennial source of water);

(c) land irrigated seasonally by flow irrigation from any source constructed or maintained by
the State Government or by any Zilla Parishad or from any other natural source of water
with unassured water supply, that is, where supply is given under water sanctions

Section 3
PROHIBITION ON HOLDING LAND IN EXCESS OF CEILING AREA AND AREA IN EXCESS OF
CEILING TO BE SURPLUS LANDS

(1) Subject to the provisions of this Chapter and Chapter III, no person or family unit shall,
after the commencement date, hold land in excess of the ceiling area, as determined in the
manner hereinafter provided.

Explanation.- A person or a family unit may hold exempted land to any extent.

(2) All land held by a person, or as the case may be, a family unit whether in this State or
ceiling to any other part of India in excess of the ceiling area, shall, notwithstanding
anything contained in any law for the time being in force or usage, be deemed to be surplus
land, and shall be dealt with in the manner hereinafter provided for surplus land. In
determining surplus land from the holding of a person, or as the case may be, of a family
unit, the fact that the person or any member of the family unit has died (on or after the
commencement date or any date subsequent to the date on which the holding exceeds the
ceiling area, but before the declaration of surplus land is made in respect of that holding)
shall be ignored; and accordingly, the surplus land shall be determined as if that person, or
as the case may be, the member of a family unit had not died.
Explanation.- In calculating the ceiling area to be held in this State, and determining the
surplus land, the area of land in any other part of India (being land which a person or family
unit is entitled to hold in such other pan of India under any law relating to ceiling on land)
shall be taken into consideration. Only land held in this State may be declared as surplus.

(3) where any land -

(a) is held by a family of which a person is a member,
(b) is held in or operated by a co-operative society of which a person is a member.
(c) is held by a person jointly with others,

(d) is held by a person as a partner in a firm, and the holding of such person or of a family
unit of which such person is a member including the extent of share of such person, if any,
in the land answering to any of the descriptions in clauses (a), (b), (c) or (d) above exceeds
the ceiling area on or before the commencement date or on any date thereafter
(hereinafter referred to as the relevant date), then for the purpose of determining the
ceiling area and the surplus land in respect of that holding, the share of such person in the
land aforesaid shall be calculated in the following manner : -

(i) in the land held by a family of which the person is a member, the share of each member
of the family shall be determined so that each member who is entitled to a share on
partition, shall be taken to be holding separately land to the extent of his share, as if the
land had been so divided and separately held on the relevant date;

(ii) in the land held in or operated by a co -operative society or held jointly with others or
held by a firm, the share of the person shall be taken to be the extent of land such person
would hold in proportion of his share in the co-operative society, or his share in the joint
holding or his share as partner in the firm, as if the land had been so divided and separately
held on the relevant date.

(4) No land shall be taken into consideration more than once in calculating the ceiling area
for the holding of any person, or as the case may be, of a family unit.

Section 4
LAND HELD BY A FAMILY UNIT
(1) All land held by each member of a family unit, whether jointly or separately, shall for
held the purposes of determining the ceiling area of the family unit, be deemed to be held
by the family unit.

Explanation.- A " family unit " means,-

(a) a person and his spouse (or more than one spouse) and their minor sons and minor
unmarried daughters if any; or

(b) where any spouse is dead, the surviving spouse or spouses, and the minor sons and
minor unmarried daughters; or

(c) where the spouses are dead, the minor sons and minor unmarried daughters of such
deceased spouses.

(2) For the purposes of this section, all declarations of dissolution of marriage made by a
Court after the 26th day of September 1970, and all dissolutions of marriage by custom, or
duly made, pronounced or declared on or after that date shall, for the purposes of
determining the ceiling area to be held by a family unit, be ignored; and accordingly, the
land held by each spouse shall be taken into consideration for that purpose, as if no
dissolution had taken place. But, if a proceeding for dissolution of marriage has commenced
before any Court before the aforesaid date, then the dissolution of marriage shall have full
effect (whether the marriage is dissolved before or after that date), and shall be taken into
consideration in determining the ceiling area of a family unit.

Section 5
CEILING AREA
(1) In each of the districts and talukas specified in column 1 of the First Schedule, for each
class of land described in columns 2, 3, 4, 5 and 6 thereof, the ceiling area shall be the area
mentioned under each such class of land against such district or taluka.

(2) If a person, or a family unit, holds land of only one class, the ceiling area for his or its
holding shall be the ceiling area for that class of land.
(3) Where a person or a family unit holds different classes of land, then, for calculating
whether the holding is equal to or in excess of the ceiling area, the total area of the holding
shall be calculated in the following manner :-

The area of each class of land falling under sub -clauses (a), (b) or (c) of clause (5) of section
2 shall be converted into dry crop land falling under sub - clause (d) or as the case may be,
sub-clause (e) of clause (5) of that section on the basis of the proportion which the ceiling
area for the class of land to be converted, bears to the ceiling area for dry crop land falling
under sub-clauses (d) and (e) of clause (5), then the conversion shall be made into land
falling under sub -clause (e). If the area in terms of the dry crop land so arrived at, together
with the area of such dry crop land, if any, in his or its holding, is equal to the ceiling area for
dry crop land falling under sub -clause (d), or as the case may be, sub - clause (e), aforesaid,
the holding shall be deemed to be equal to the ceiling area. If it exceeds the ceiling area, the
holding shall be deemed to be in excess of the ceiling area.

Section 6
LANDS HELD IN EXCESS OF CEILING AREA DEEMED TO BE WITHIN CEILING AREA IN CERTAIN
CIRCUMSTANCES

Where a family unit consists of members which exceed five in number, the family unit shall
be entitled to hold land exceeding the ceiling area to the extent of one-fifth of the ceiling
area for each member in excess of five, so however that the total holding shall not exceed
twice the ceiling area, and in such case, in relation to the holding of such family unit, such
area shall be deemed to be the ceiling area.

Section 7
PERSONS HOLDING BOTH EXEMPTED LAND AND OTHER LAND

Where a person or family unit holds both exempted land and other land (that is, land which
is not exempted land) then,-

(a) if the area of exempted land is less than the ceiling area, he or it shall be entitled to hold
so much only of other land as together with the area of exempted land, equals the ceiling
area; and in such case, in relation to the holding of that person, or as the case may be,
family unit, such area shall be deemed to be the ceiling area;

(b) in any other case, he or it shall not be entitled to hold any land which is not exempted
land.
.
.
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Q4.
Q. 4 State and explain the procedures for Structural repairs and land acquisition under
MHADA, 1976.

Answer:

MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976

Structural Repairs
Section 88. Board to undertake structural repairs to buildings which are in ruinous condition
and likely to deteriorate and fall,-

“structural repairs” for the purposes of Chapter VIII means repairs or replacement of
decayed, cracked, or out of plumb structural components of common access, such as,
staircases, passages, water closets or privies by new ones of the like material or materials,
or of different material or materials including change in the mode of construction like
converting load bearing wall type or timber framed structure to an R.C.C. one, or a
combination of both, which repairs or replacement in the opinion of the Board, if not
carried out expeditiously, may result in the collapse of the building or any such part thereof;
and “structural repairs includes repairs and replacement of all items which are required to
be repaired or replaced as a consequence of the repairs or replacement aforesaid which are
carried out or to be carried out, and also repairs and replacement of the roof (but not
replacement of the tiles only) and of the drain pipes (including house gallies) fixed to the
building, which, if not repaired or replaced simultaneously with structural repairs would
cause further damage to the building. When such repairs to any building or any part thereof
are carried out by the Board the building shall be deemed to be structurally repaired under
this Act;

To undertake and carry out structural repairs to buildings, in such order of priority as the
Board, having regard to the exigencies of the case and availability of resources, considers
necessary, without recovering any expenses thereof from the owners or occupiers of such
buildings;
to move the State Government to acquire old and dilapidated buildings and which were
once structurally repaired by the Board, but in respect of which further structural repairs are
not, in the opinion of the Board possible or economical, and to reconstruct or to get
reconstructed (on demolishing existing buildings) new buildings thereon for the purpose of
housing as many occupiers of those properties as possible, and for providing alternative
accommodation to other affected occupiers;

(1) Subject to the other provisions of this Chapter, where the Board on consideration of the
information given by the Municipal Commissioner or a report of its officer authorised for the
purpose, or other information in its possession, is satisfied that any building, which is
occupied by persons, is in such a ruinous or dangerous condition, that is imminently likely to
fall unless structural repairs which will render it fit and safe for habitation, are urgently
done, then in such cases, the Board shall, subject to the provisions of sub-section (3),
undertake such repairs to that building.

(2) The Board may prepare a list of such building setting out the order of priority or urgency
in respect of which structural repairs are necessary, and may undertake simultaneously or in
such order of priority the structural repairs according to the exigencies of the case and its
resources:
(3) If the Board is of opinion that—
(a) the cost of structural repairs to a building will exceed 1[one thousand two hundred
rupees] per square metre, or

(b) the cost of structural repairs to a building will exceed 1[one thousand two hundred
rupees] per square metre but the size of the land on which such building is standing is such
that for some reason or the other it would not be possible or economical to erect any new
building thereon and there is an adjoining building but the cost of structural repair8 to such
building does not exceed 1[one thousand two hundred rupees] per square metre,

then in cases falling under clause (a) or clause (b) the Board, notwithstanding anything
contained in this Chapter, may not consider such building or buildings for repairs and may
issue a certificate to that effect to the owner or owners thereof, as the case may be, affix a
copy of the relevant certificate in some conspicuous part of the building or buildings for the
information of the occupiers and proceed to take actions as provided in this Chapter

Provided that, in cases of special hardship, the Board may, on such terms and conditions as
it may deem fit to impose, consider a building for structural repairs even if the cost of such
repairs is likely to exceed the limit aforesaid:
Provided further that, where in any case the occupiers of a building undertake that they
shall bear the cost of such repairs which are in excess of 1[one thousand two hundred
rupees] per square metre and abide by such terms and conditions for payment of the excess
cost to the Board as it may think fit to impose, the Board may carry out structural repairs to
such building.

(4) The Municipal Commissioner shall, from time to time, send to the Board, full particulars
of the buildings which are in a ruinous or dangerous condition and the condition of which is
such that they are likely to fall if structural repairs are not urgently undertaken or in respect
of which he has served notice under Section 354 of the Corporation Act, but the same have
not been complied with.

Section 89
PROCEDURE BEFORE UNDERTAKING STRUCTURAL REPAIRS

(1) Where the Board is Satisfied under Section 88 that structural repairs are necessary to a
building, the Board shall give the owner thereof a notice of not less than fifteen days,
informing that the Board intends to carry out such repairs on and from a date specified in
the notice, being a date which shall be after the expiry of the period specified in the notice,
and asking him to submit objections or suggestions, if any, thereto before the time specified
in the notice.

(2) The notice shall also require the owner to furnish to the Board a statement in writing
signed by the owner stating therein the names of all occupiers of the building known to him
from his record, the approximate area and location of the premises in occupation of each
occupier and the rent, compensation or amount (including permitted increases, if any),
charged therefor.

(3) A copy of such notice shall also be affixed in conspicuous part of the building to which it
relates and also published by proclamation or near such building accompanied by a beat of
drum for the information of the occupiers there of and for giving them an opportunity to
submit objections or suggestions, if any.

(4) On such affixation and publication of the notice, the owner, occupiers and all other
persons interested in such building shall be deemed to have been duly informed of the
matters and contents stated
(5) After considering the objections and suggestions received within the time aforesaid, the
Board may decide to carry the repairs with or without modification or may postpone the
repairs for a certain period, or may cancel the intention to repair.

(6) Where the Board has reason to believe that the building is immediately dangerous for
habitation, the notice may be returnable within 24 hours from the service thereof.

(7) The Board may, before giving any such notice or before the period of any such notice has
expired, take such temporary measures as it thinks fit to prevent danger to, or from, the
said buildings.

(8) Any owner who refuses to furnish a statement as required by sub section (1) or
intentionally furnishes a statement which is false in any in the notice material particular
shall, on conviction, be punished with fine which may extend to one thousand rupees.

POWER OF STATE GOVERNMENT TO ACQUIRE LAND : Section 41

MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976,
Section 41 POWER OF STATE GOVERNMENT TO ACQUIRE LAND,

(1) Where, on any representation from the Authority or any Board it appears to the State
Government that, in order to enable the Authority to discharge any of its functions or to
exercise any of its powers or to carry out any of its proposals, plans or projects, it is
necessary that any land should be acquired, the State Government may acquire the land by
publishing in the Official Gazette a notification to the effect that the State Government has
decided to acquire the land in pursuance of this section:

Provided that, before publishing such notification, the State Government shall by notice
published in the Official Gazette, and served in the prescribed manner, call upon the owner
of, or any other person who, in the opinion of that Government, may be interested in, such
land to show cause, why it should not be acquired and after considering the cause if any,
shown by the owner or any other person interested in the land, the State Government may
pass such order as it thinks fit
(2) The acquisition of land for any purpose mentioned in sub section (1) shall be deemed to
be a public purpose

(3) Where notification aforesaid is published in the Official Gazette the land shall, on and
from the date on which the notification is so published, vest absolutely in the State
Government free from all encumbrances

Section 42
POWER OF STATE GOVERNMENT TO REQUIRE PERSON IN POSSESSION OF LAND TO
SURRENDER OR DELIVER POSSESSION THEREOF TO STATE GOVERNMENT

(1) Subject to the provisions of Section 51, where any land is vested in the State
Government under sub-section (3) of Section 41, the State Government may, by notice in
writing, order any person who may be in possession of the land to surrender or deliver
possession thereof to the State Government or any person duly authorised by it in this
behalf within thirty days of the date of service of the notice.

(2) If any person fails or refuses to comply with an order under sub Section (1), the State
Government may take possession of the land, and may, for that purpose use or cause to be
used such force as may be reasonably necessary.

(3) Where any land is taken possession of as aforesaid, the State Government shall make
that land available to the Authority for the purpose for which the land has been acquired
and for discharging its functions, performing its duties and exercising its powers

Section 43
RIGHT TO RECEIVE AMOUNT FOR ACQUISITION

Every person having any interest in any land acquired under this Chapter shall be entitled to
receive from the State Government an amount as provided hereafter in this Chapter.

Lands in Municipal Areas

Section 44
BASIS FOR DETERMINATION OF AMOUNT FOR ACQUISITION OF LANDS IN MUNICIPAL
AREAS

(1) Where any land including any building thereon is acquired and vested in the State
Government under this Chapter and such land is situated in any area within the jurisdiction
of any Municipal Corporation or Municipal Council, the State Government shall pay for such
acquisition an amount which shall be determined in accordance with the provisions of this
section.

(2) Where the amount has been determined with the concurrence of the Authority by
agreement between the State Government and the person to whom it is payable, it shall be
determined and paid in accordance with such agreement.

(3) Where no such agreement can be reached, the amount payable in respect of any land
acquired shall be an amount equal to one hundred times the net average monthly income
actually derived from such land, during the period of five consecutive years immediately
preceding the date of publication of the notification referred to in Section 41 as may be
determined by the Land Acquisition Officer.

(4) The net average monthly income referred to in sub-section (3) shall be calculated in the
manner and in accordance with the principle set out in the First Schedule.

(5) The Land Acquisition Officer shall, after holding and inquire in the prescribed manner,
determine in accordance with the provisions of sub section (4) of the net average monthly
income actually derived from the land. The Land Acquisition Officer shall then publish a
notice in a conspicuous place on the land and serve it in the prescribed manner calling upon
the owner of the land and every person interested therein to intimate to him, before a date
specified in the notice, whether such owner or person agree to the net average monthly
income actually derived from the land as determined by the Land Acquisition Officer. If such
owner or person does not agree, he may intimate to the Land Acquisition Officer before the
specified date what amount he claims to be such net average monthly income.

(6) Any person, who does not agree to the net average monthly income as determined by
the Land Acquisition Officer under sub section (5) and the amount for acquisition to be paid
on that basis and claims a sum in excess of that amount may prefer an appeal to the
Tribunal, within thirty days from the date specified in the notice referred to in sub-section
(5).
(7) On appeal, the Tribunal shall, after hearing the appellant, determine the net average
monthly income and the amount to be paid on that basis and its determination shall be final
and shall not be questioned in any court.

Section 45
APPORTIONMENT OF AMOUNT OF ACQUISITION

(1) Where the owner of the land and the owner of the building thereon are different
persons; or several persons claim to be interested in the amount for acquisition determined
under the last preceding section, the Land Acquisition Officer shall determine the persons
who in his opinion are entitled to receive the same and the sum payable to each of them.

(2) If any dispute arises as to the apportionment of the amount or any part thereof or as to
the persons, to whom the same or any part thereof is payable, the Land Acquisition Officer
may refer the dispute to the decision of the Tribunal; and the Tribunal in deciding any such
dispute shall follow the provisions of Part III of the Land Acquisition Act, 1894.

Section 46
PAYMENT OF AMOUNT FOR ACQUISITION OR DEPOSIT OF SAME IN COURT
(1) After the amount for acquisition has been determined, the Land Acquisition Officer shall,
on behalf of the State Government, tender payment of and pay the amount of the persons
entitled thereto.

(2) If the persons entitled to the amount do not consent to receive it, or if there be any
dispute as to the title to receive the same or as to the apportionment of it, the Land
Acquisition Officer shall deposit the amount in Greater Bombay, in the Bombay City Civil
Court, and in any other municipal area in the Court of the District Judge, and that Court shall
deal with amount so deposited in the manner laid down in Section 32 and 33 of the Land
Acquisition Act, 1894.

Section 47
POWER OF LAND ACQUISITION OFFICER IN RELATION TO DETERMINATION OF AMOUNT FOR
ACQUISITION, ETC
(1) The Land Acquisition Officer may, for the purpose of determining the amount for
acquisition or apportionment thereof, by order require any person to furnish such relevant
information in his possession as may be specified in the order.

(2) The Land Acquisition Officer shall, while holding an inquiry under sub-section (5) of
Section 44 of this Act have all the powers of a civil court while trying a suit under the Code
of Civil Procedure, 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) receiving evidence on affidavit;
(d) requisitioning any public record from any court or office;
(e) issuing commissions for examination to witness.

Section 48
PAYMENT OF INTEREST

When the amount for acquisition is not paid or deposited on or before taking possession of
the land, the Land Acquisition Officer on behalf of the State Government shall pay the
amount determined with interest thereon, from the date of taking possession until the
amount is paid or deposited, at the rate of 4 per cent, per annum for the first six months,
and thereafter at the rate of 9 per cent per annum.

Section 49
APPOINTMENT OF LAND ACQUISITION OFFICER

The State Government may, be notification in the Official Gazette, appoint an officer who is
holding or has held an office, which in its opinion is not lower in rank than that of Deputy
Collector or Assistant Director of Town Planning to be a Land Acquisition Officer for the
purpose of this Act, and one more such officer may be appointed as may be necessary.
Section 50
BASIS FOR DETERMINATION OF AMOUNT FOR ACQUISITION OF LANDS IN RURAL AREAS
AND OTHER PROCEDURE

(1) Where any land (including any building thereon) is acquired and vested in the State
Government under this Chapter and such land is situated in any area outside the jurisdiction
of any Municipal Corporation or Municipal Council (in this Chapter referred to as “a rural
area”), the State Government shall pay for such acquisition an amount, which shall be
determined in accordance with the provisions of this section.

(2) Where the amount has been determined, with the concurrence of the Authority, by
agreement between the State Government and the person to whom it is payable, it shall be
determined and paid in accordance with such agreement.

(3) Where no such agreement can be reached, the State Government shall refer the case to
the Collector, who shall determine the amount for acquisition in accordance with the
principle for determining compensation laid done in the Land Acquisition Act, 1894, and the
provisions of that Act (including provisions for referred to Court and appeal) shall apply
thereto mutatis mutandis as it the land has been acquired and compensation had to be
determined, apportioned and paid under the provisions of that Act, to the date publication
of the notification under subject to the modifications that reference in sections 23 and 24 of
that Act, subject to the modifications that reference section 4, sub-section (1), were
references to the date on which the notice under the proviso to sub-section (1) of Section
41 of this Act is published, and the references to the time or date of the publication of the
declaration under Section 6 of that Act were references to the date of publication of the
notification referred to in sub-section (3) of Section 41 of this Act in the Official Gazette.

Explanation.—ln this section, “Collector” means the Collector of a District and includes any
officer specially appointed by the State Government or by the Commissioner to perform the
functions of a Collector under the .Land Acquisition Act, 1894.

------------- ---------------- -----------

Q5.
Q. 5 What is Development? When is development said to be authorized? How is Land
acquired under Land Acquisition act, 1894?
Answer:

Land Acquisition Act, 1894:

The Land Acquisition Act, 1894 : An Act to amend the law for the acquisition of land for
public purposes and for companies.
Whereas it is expedient to amend the law for the acquisition of land needed for public
purposes and for companies and for determining the amount of compensation to be made
on account of such acquisition; It is hereby enacted as follows:
Definitions:
(a) the expression land includes benefits to arise out of land, and things attached to the
earth or permanently fastened to anything attached to the earth;
[(aa) the expression local authority includes a town planning authority (by whatever name
called) set up under any law for the time being in force;]

(b) the expression 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;

(c) the expression Collector means the Collector of a district, and includes a Deputy
Commissioner and any officer specially appointed by the [appropriate Government] to
perform the functions of a Collector under this Act;
[(cc) the expression corporation owned or controlled by the State means any body
corporate established by or under a Central, Provincial or State Act, and includes a
Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956), a
society registered under the Societies Registration Act, 1860 (21 of 1860), or under any
corresponding law for the time being in force in a State, being a society established or
administered by Government and a co-operative society within the meaning of any law
relating to co-operative societies for the time being in force in any State, being a co-
operative society in which not less than fifty-one per centum of the paid-up share capital is
held by the Central Government, or by any State Government or Governments, or partly by
the Central Government and partly by one or more State Governments;]

(d) the expression Court means a principal Civil Court of original jurisdiction, unless the
[appropriate Government] has appointed (as it is hereby empowered to do) a special judicial
officer within any specified local limits to perform the functions of the Court under this Act;

[(e) the expression Company means

(i) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956), other than a
Government company referred to in clause (cc);

(ii) a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any
corresponding law for the time being in force in a State, other than a society referred to in
clause (cc);

(iii) a co-operative society within the meaning of any law relating to co-operative societies
for the time being in force in any State, other than a co-operative society referred to in
clause (cc);]

[(ee) the expression appropriate Government means, in relation to acquisition of land for
the purposes of the Union, the Central Government, and, in relation to acquisition of land
for any other purposes, the State Government;]

(f) the expression public purpose includes

(i) the provision of village-sites, or the extension, planned development or improvement of

existing village-sites;

(ii) the provision of land for town or rural planning;

(iii) the provision of land for planned development of land from public funds in pursuance
of any scheme or policy of Government and subsequent disposal thereof in whole or in part
by lease, assignment or outright sale with the object of securing further development as
planned;

(iv) the provision of land for a corporation owned or controlled by the State;

(v) the provision of land for residential purposes to the poor or landless or to persons
residing in areas affected by natural calamities, or to persons displaced or affected by
reason of the implementation of any scheme undertaken by Government, any local
authority or a corporation owned or controlled by the State;

(vi) the provision of land for carrying out any educational, housing, health or slum clearance
scheme sponsored by Government or by any authority established by Government for
carrying out any such scheme, or, with the prior approval of the appropriate Government,
by a local authority, or a society registered under the Societies Registration Act, 1860 (21 of
1860), or under any corresponding law for the time being in force in a State, or a co-
operative society within the meaning of any law relating to co-operative societies for the
time being in force in any State;

(vii) the provision of land for any other scheme of development sponsored by Government,
or, with the prior approval of the appropriate Government, by a local authority;

(viii) the provision of any premises or building for locating a public office,

but does not include acquisition of land for companies;]

(g) the following persons shall be deemed persons entitled to act as and to the extent
hereinafter provided (that is to say)

trustees for other persons beneficially interested shall be deemed the persons entitled to
act with reference to any such case, and that to the same extent as the persons beneficially
interested could have acted if free from disability;
a married woman, in cases to which the English law is applicable, shall be deemed to the
persons so entitled to act, and whether of full age or not, to the same extent as if she were
unmarried and of full age; and
the guardians of minors and the committees or managers of lunatics or idiots shall be
deemed respectively the persons so entitled to act, to the same extent as the minors,
lunatics or idiots themselves, if free from disability, could have acted:
Provided that
(i) no person shall be deemed entitled to act whose interest in the subject-matter shall be
shown to the satisfaction of the Collector or Court to be adverse to the interest of the
person interested for whom he would otherwise be entitled to act;

(ii) in every such case the person interested may appear by a next friend or, in default of his
appearance by a next friend, the Collector or Court, as the case may be, shall appoint a
guardian for the case to act on his behalf in the conduct thereof;

(iii) the provisions of [Order XXXII of the First Schedule to the Code of Civil Procedure, 1908
(5 of 1908)], shall, mutatis mutandis, apply in the case of persons interested appearing
before a Collector or Court by a next friend, or by a guardian for the case, in proceedings
under this Act; and

(iv) no person entitled to act shall be competent to receive the compensation-money

payable to the person for whom he is entitled to act, unless he would have been competent
to alienate the land and receive and give a good discharge for the purchase-money on a
voluntary sale.

Acquisition:

Preliminary investigation

4. Publication of preliminary notification and powers of officers thereupon .(1) Whenever it

appears to the [appropriate Government] that land in any locality [is needed or] is likely to
be needed for any public purpose [or for a company], a notification to that effect shall be
published in the Official Gazette [and in two daily newspapers circulating in that locality of
which at least one shall be in the regional language], and the Collector shall cause public
notice of the substance of such notification to be given at convenient places in the said
locality [(the last of the dates of such publication and the giving of such public notice, being
hereinafter referred to as the date of the publication of the notification)].
(2) Thereupon it shall be lawful for any officer, either, generally or specially authorised by
such Government in this behalf, and for his servants and workmen, to enter upon and
survey and take levels of any land in such locality; to dig or bore in the sub-soil; to do all
other acts necessary to ascertain whether the land is adapted for such purpose;
to set out the boundaries of the land proposed to be taken and the intended line of the
work (if any) proposed to be made thereon; to mark such levels, boundaries and line by
placing marks and cutting trenches; and, where otherwise the survey cannot be completed
and the levels taken and the boundaries and line marked, to cut down and clear away any
part of any standing crops, fence or jungle:
Provided that no person shall enter into any building or upon any enclosed Court or garden
attached to a dwelling-house (unless with the consent of the occupier thereof) without
previously giving such occupier at least seven days notice in writing of his intention to do so.
5. Payment for damage .The officer so authorised shall at the time of such entry pay or
tender payment for all necessary damage to be done as aforesaid, and in case of dispute as
to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to
the decision of the Collector or other Chief Revenue Officer of the District, and such decision
shall be final.
Objections

5-A. Hearing of objections .(1) Any person interested in any land which has been notified
under section 4, sub-section (1), as being needed or likely to be needed for a public purpose
or for a company may, [within thirty days from the date of the publication of the
notification], object to the acquisition of the land or of any land in the locality, as the case
may be.
(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the
Collector shall give the objector an opportunity of being heard [in person or by any person
authorised by him in this behalf] or by pleader and shall, after hearing all such objections
and after making such further inquiry, if any, as he thinks necessary, [either make a report in
respect of the land which has been notified under section 4, sub-section (1), or make
different reports in respect of different parcels of such land, to the appropriate
Government, containing his recommendations on the objections, together with the record
of the proceedings held by him, for the decision of that Government]. The decision of the
[appropriate Government] on the objections shall be final.
(3) For the purposes of this section, a person shall be deemed to be interested in land who
would be entitled to claim an interest in compensation if the land were acquired under this
Act.]
Declaration of intended acquisition

6. Declaration that land is required for a public purpose .(1) Subject to the provisions of Part
VII of this Act, [when the [appropriate Government] is satisfied, after considering the report,
if any, made under section 5-A, sub-section (2)], that any particular land is needed for a
public purpose, or for a company, a declaration shall be made to that effect under the
signature of a Secretary to such Government or of some officer duly authorised to certify its
orders [and different declarations may be made from time to time in respect of different
parcels of any land covered by the same notification under section 4, sub-section (1),
irrespective of whether one report or different reports has or have been made (wherever
required) under section 5-A, sub-section (2)]:
[6Provided that no declaration in respect of any particular land covered by a notification
under section 4, sub-section (1),
(i) published after the commencement of the Land Acquisition (Amendment and Validation)
Ordinance, 1967 (1 of 1967), but before the commencement of the Land Acquisition
(Amendment) Act, 1984, shall be made after the expiry of three years from the date of the
publication of the notification; or

(ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984,
shall be made after the expiry of one year from the date of the publication of the
notification:]

[Provided further] that no such declaration shall be made unless the compensation to be
awarded for such property is to be paid by a company, or wholly or partly out of public
revenues or some fund controlled or managed by a local authority.
[Explanation 1. In computing any of the periods referred to in the first proviso, the period
during which any action or proceeding to be taken in pursuance of the notification issued
under section 4, sub-section (1), is stayed by an order of a Court shall be excluded.
Explanation 2. Where the compensation to be awarded for such property is to be paid out of
the funds of a corporation owned or controlled by the State, such compensation shall be
deemed to be compensation paid out of public revenues.]
(2)[Every declaration] shall be published in the Official Gazette, [and in two daily
newspapers circulating in the locality in which the land is situate of which at least one shall
be in the regional language, and the Collector shall cause public notice of the substance of
such declaration to be given at convenient places in the said locality (the last of the dates of
such publication and the giving of such public notice, being hereinafter referred to as the
date of the publication of the declaration), and such declaration shall state] the district or
other territorial division in which the land is situate, the purpose for which it is needed, its
approximate area, and, where a plan shall have been made of the land, the place where
such plan may be inspected.
(3) The said declaration shall be conclusive evidence that the land is needed for a public
purpose or for a company, as the case may be; and, after making such declaration the
[appropriate Government] may acquire the land in a manner hereinafter appearing.
7. After declaration Collector to take order for acquisition .Whenever any land shall have
been so declared to be needed for a public purpose or for a company, the appropriate
Government, or some officer authorised by the appropriate Government in this behalf, shall
direct the Collector to take order for the acquisition of the land.
8. Land to be marked out, measured and planned .The Collector shall thereupon cause the
land (unless it has been already marked out under section 4), to be marked out. He shall
also cause it to be measured, and (if no plan has been made thereof), a plan to be made of
the same.
9. Notice to persons interested .(1) The Collector shall then cause public notice to be given
at convenient places on or near the land to be taken, stating that the Government intends
to take possession of the land, and that claims to compensation for all interests in such land
may be made to him.
(2) Such notice shall state the particulars of the land so needed, and shall require all persons
interested in the land to appear personally or by agent before the Collector 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 land
and the amount and particulars of their claims to compensation for such interests, and their
objections (if any) to the measurements made under section 8. The Collector may in any
case require such statement to be made in writing and signed by the party or his agent.
(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such
land and 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 revenue district in which the land is situate.
(4) 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 (6 of 1898)].
10. Power to require and enforce the making of statements as to names and interests .(1)
The Collector may also require any such person to make or deliver to him, at a time and
place mentioned (such time not being earlier than fifteen days after the date of the
requisition), a statement containing, so far as may be practicable, the name of every other
person possessing any interest in the land or any part thereof as co-proprietor, sub-
proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the
rents and profits (if any) received or receivable on account thereof for three years next
preceding the date of the statement.
(2) Every person required to make or deliver a statement under this section or section 9
shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of
the Indian Penal Code (45 of 1860).
Enquiry into measurements, value and claims, and award by the Collector
11. Enquiry and award by Collector .[(1)] On the day so fixed, or on any other day to which
the enquiry has been adjourned, the Collector shall proceed to enquire into the objection (if
any) which any person interested has stated pursuant to a notice given under section 9 to
the measurements made under section 8, and into the value of the land [at the date of the
publication of the notification under section 4, sub-section (1)], and into the respective
interest of the persons claiming the compensation and shall make an award under his hand
of
(i) the true area of the land;

(ii) the compensation which in his opinion should be allowed for the land; and

(iii) the apportionment of the said compensation among all the persons known or believed
to be interested in the land, of whom, or of whose claims, he has information, whether or
not they have respectively appeared before him:

[Provided that no award shall be made by the Collector under this sub-section without the
previous approval of the appropriate Government or of such officer as the appropriate
Government may authorise in this behalf:
Provided further that it shall be competent for the appropriate Government to direct that
the Collector may make such award without such approval in such class of cases as the
appropriate Government may specify in this behalf.]
[(2) Notwithstanding anything contained in sub-section (1), if at any stage of the
proceedings, the Collector is satisfied that all the persons interested in the land who
appeared before him have agreed in writing on the matters to be included in the award of
the Collector in the form prescribed by rules made by the appropriate Government, he may,
without making further enquiry, make an award according to the terms of such agreement.
(3) The determination of compensation for any land under sub-section (2) shall not in any
way affect the determination of compensation in respect of other lands in the same locality
or elsewhere in accordance with the other provisions of this Act.
(4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no
agreement made under sub-section (2) shall be liable to registration under that Act.]
[11-A. Period within which an award shall be made .(1) The Collector shall make an award
under section 11 within a period of two years from the date of the publication of the
declaration and if no award is made within that period, the entire proceedings for the
acquisition of the land shall lapse:
Provided that in a case where the said declaration has been published before the
commencement of the Land Acquisition (Amendment) Act, 1984, the award shall be made
within a period of two years from such commencement.
Explanation. In computing the period of two years referred to in this section, the period
during which any action or proceeding to be taken in pursuance of the said declaration is
stayed by an order of a Court shall be excluded.]
12. Award of Collector when to be final .(1) Such award shall be filed in the Collectors office
and shall, except as hereinafter provided, be final and conclusive evidence, as between the
Collector and the persons interested, whether they have respectively appeared before the
Collector or not, of the true area and value of the land, and the apportionment of the
compensation among the persons interested.
(2) The Collector shall give immediate notice of his award to such of the persons interested
as are not present personally or by their representatives when the award is made.
13. Adjournment of enquiry .The Collector may, for any cause he thinks fit, from time to
time adjourn the enquiry to a day to be fixed by him.
[13-A. Correction of clerical errors, etc .(1) The Collector may, at any time but not later than
six months from the date of the award, or where he has been required under section 18 to
make a reference to the Court, before the making of such reference, by order, correct any
clerical or arithmetical mistake in the award or errors arising therein either on his own
motion or on the application of any person interested or a local authority:
Provided that no correction which is likely to affect prejudicially any person shall be made
unless such person has been given a reasonable opportunity of making a representation in
the matter.
(2) The Collector shall give immediate notice of any correction made in the award to all the
persons interested.
(3) Where any excess amount is proved to have been paid to any person as a result of the
correction made under sub-section (1), the excess amount so paid shall be liable to be
refunded and in the case of any default or refusal to pay, the same may be recovered as an
arrear of land revenue.]
14. Power to summon and enforce attendance of witnesses and production of
documents .For the purpose of enquiries under this Act the Collector shall have powers to
summon and enforce the attendance of witnesses, including the parties interested or any of
them, and to compel the production of documents by the same means, and (so far as may
be) in the same manner, as is provided in the case of a Civil Court under the [Code of Civil
Procedure, 1908 (5 of 1908)].
15. Matters to be considered and neglected .In determining the amount of compensation,
the Collector shall be guided by the provisions contained in sections 23 and 24.
[15-A. Power to call for records, etc .The appropriate Government may at any time before
the award is made by the Collector under section 11 call for any record of any proceedings
(whether by way of enquiry or otherwise) for the purpose of satisfying itself as to the
legality or propriety of any finding or order passed or as to the regularity of such
proceedings and may pass such order or issue such direction in relation thereto as it may
think fit:
Provided that the appropriate Government shall not pass or issue any order or direction
prejudicial to any person without affording such person a reasonable opportunity of being
heard.]
Taking possession

16. Power to take possession .When the Collector has made an award under section 11, he
may take possession of the land, which shall thereupon [vest absolutely in the
[Government]], free from all encumbrances.
17. Special powers in cases of urgency .(1) In cases of urgency, whenever the [appropriate
Government] so directs, the Collector, though no such award has been made, may, on the
expiration of fifteen days from the publication of the notice mentioned in section 9, sub-
section (1), [take possession of any land needed for a public purpose]. Such land shall
thereupon [vest absolutely in the [Government]], free from all encumbrances.
(2) Whenever, owing to any sudden change in the channel of any navigable river or other
unforeseen emergency, it becomes necessary for any Railway administration to acquire the
immediate possession of any land for the maintenance of their traffic or for the purpose of
making thereon a river-side or ghat station, or of providing convenient connection with or
access to any such station, [or the appropriate Government considers it necessary to
acquire the immediate possession of any land for the purpose of maintaining any structure
or system pertaining to irrigation, water supply, drainage, road communication or
electricity,] the Collector may, immediately after the publication of the notice mentioned in
sub-section (1) and with the previous sanction of the [appropriate Government] enter upon
and take possession of such land, which shall thereupon vest absolutely in the
[Government] free from all encumbrances:
Provided that the Collector shall not take possession of any building or part of a building
under this sub-section without giving to the occupier thereof at least forty-eight hours
notice of his intention so to do, or such longer notice as may be reasonably sufficient to
enable such occupier to remove his movable property from such building without
unnecessary inconvenience.
(3) In every case under either of the preceding sub-sections the Collector shall, at the time
of taking possession, offer to the persons interested compensation for the standing crops
and trees (if any) on such land and for any other damage sustained by them caused by such
sudden dispossession and not excepted in section 24; and, in case such offer is not
accepted, the value of such crops and trees and the amount of such other damage shall be
allowed for in awarding compensation for the land under the provisions herein contained.
[(3-A) Before taking possession of any land under sub-section (1) or sub-section (2), the
Collector shall, without prejudice to the provisions of sub-section (3),
(a) tender payment of eighty per centum of the compensation for such land as estimated by
him to the persons interested entitled thereto, and

(b) pay it to them, unless prevented by some one or more of the contingencies mentioned in
section 31, sub-section (2),

and where the Collector is so prevented, the provisions of section 31, sub- section (2),
(except the second proviso thereto,) shall apply as they apply to the payment of
compensation under that section.
(3-B) The amount paid or deposited under sub-section (3-A), shall be taken into account for
determining the amount of compensation, required to be tendered under section 31, and
where the amount so paid or deposited exceeds the compensation awarded by the
Collector under section 11, the excess may, unless refunded within three months from the
date of the Collectors award, be recovered as an arrear of land revenue.]
[(4) In the case of any land to which, in the opinion of the [appropriate Government], the
provisions of sub-section (1) or sub-section (2) are applicable, the [appropriate Government]
may direct that the provisions of section 5-A shall not apply, and, if it does so direct, a
declaration may be made under section 6 in respect of the land at any time [after the date
of the publication of the notification] under section 4, sub-section (1)].

Apportionment Of Compensation
29. Particulars of apportionment to be specified .Where there are several persons
interested, if such persons agree in the apportionment of the compensation, the particulars
of such apportionment shall be specified in the award, and as between such persons the
award shall be conclusive evidence of the correctness of the apportionment.
30. Dispute as to apportionment .When the amount of compensation has been settled
under section 11, if any dispute arises as to the apportionment of the same or any part
thereof, or as to the persons to whom the same or any part thereof, is payable, the
Collector may refer such dispute to the decision of the Court.

Temporary Occupation Of Land

35. Temporary occupation of waste or arable land. Procedure when difference as to
compensation exists .(1) Subject to the provisions of Part VIi of this Act, whenever it appears
to the [appropriate Government] that the temporary occupation and use of any waste or
arable land are needed for any public purpose, or for a company, the [appropriate
Government] may direct the Collector to procure the occupation and use of the same for
such term as it shall think fit, not exceeding three years from the commencement of such
occupation.
(2) The Collector shall thereupon give notice in writing to the persons interested in such land
of the purpose for which the same is needed, and shall, for the occupation and use thereof,
for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them
such compensation, either in a gross sum of money, or by monthly or other periodical
payments, as shall be agreed upon in writing between him and such persons respectively.
(3) In case the Collector and the persons interested differ as to the sufficiency of the
compensation or apportionment thereof, the Collector shall refer such difference to the
decision of the Court.
36. Power to enter and take possession, and compensation on restoration .(1) On payment
of such compensation, or on executing such agreement or on making a reference under
section 35, the Collector may enter upon and take possession of the land, and use or permit
the use thereof in accordance with the terms of the said notice.
(2) On the expiration of the term, the Collector shall make or tender to the persons
interested compensation for the damage (if any) done to the land and not provided for by
the agreement, and shall restore the land to the persons interested therein:
Provided that, if the land has become permanently unfit to be used for the purpose for
which it was used immediately before the commencement of such term, and if the persons
interested shall so require, the [appropriate Government] shall proceed under this Act to
acquire the land as if it was needed permanently for a public purpose or for a company.
37. Difference as to condition of land .In case the Collector and persons interested differ as
to the condition of the land at the expiration of the term, or as to any matter connected
with the said agreement, the Collector shall refer such difference to the decision of the
Court.

Acquisition Of Land For Companies

38. Company may be authorised to enter and survey .[Omitted by the Land Acquisition
(Amendment) Act, 1984 (68 of 1984), section 21 (w.e.f. 24-9-1984).]
[38-A. Industrial concern to be deemed company for certain purposes .An industrial
concern, ordinarily employing not less than one hundred workmen owned by an individual
or by an association of individuals and not being a company, desiring to acquire land for the
erection of dwelling-houses for workmen employed by the concern or for the provision of
amenities directly connected therewith shall, so far as concerns the acquisition of such land,
be deemed to be a company for the purposes of this Part, and the references to company in
[sections 4, 5-A, 6, 7 and 50] shall be interpreted as references also to such concern.]
39. Previous consent of appropriate Government and execution of agreement
necessary .The provisions of [sections 6 to 16 (both inclusive)] and sections 18 to 37 (both
inclusive) shall not be put in force in order to acquire land for any company [under this
part], unless with the previous consent of the [appropriate Government], nor unless the
company shall have executed the agreement hereinafter mentioned.
40. Previous enquiry .(1) Such consent shall not be given, unless the [appropriate
Government] be satisfied, [either on the report of the Collector under section 5-A, sub-
section (2), or] by an enquiry held as hereinafter provided,
[(a) that the purpose of the acquisition is to obtain land for the erection of dwelling-houses
for workmen employed by the company or for the provision of amenities directly connected
therewith, or
[(aa) that such acquisition is needed for the construction of some building or work for a
company which is engaged or is taking steps for engaging itself in any industry or work
which is for a public purpose, or]

(b) that such acquisition is needed for the construction of some work, and that such work is
likely to prove useful to the public.]

(2) Such enquiry shall be held by such officer and at such time and place as the [Code of Civil
Procedure, 1908 (5 of 1908)] in the case of a Civil Court.
41. Agreement with appropriate Government .[* * *] If the [appropriate Government] is
satisfied [after considering the report, if any, of the Collector under section 5-A, sub-section
(2), or on the report of the officer making an inquiry under section 40] that [the proposed
acquisition is for any of the purposes referred to in clause (a) or clause (aa) or clause (b) of
sub-section (1) of section 40], it shall [* * *] require the company to enter into an
agreement [with the [appropriate Government]], providing to the satisfaction of the
[appropriate Government] for the following matters, namely:
(1) the [payment to the [appropriate Government]] of the cost of the acquisition;
(2) the transfer, on such payment, of the land to the company;
(3) the terms on which the land shall be held by the company;
[(4) where the acquisition is for the purpose of erecting dwelling-houses or the provision of
amenities connected therewith, the time within which, the conditions on which and the
manner in which the dwelling-houses or amenities shall be erected or provided; [*]
[(4-A) where the acquisition is for the construction of any building or work for a company
which is engaged or is taking steps for engaging itself in any industry or work which is for a
public purpose, the time within which, and the conditions on which, the building or work
shall be constructed or executed; and]
(5) where the acquisition is for the construction of any other work, the time within which
and the conditions on which the work shall be executed and maintained and the terms on
which the public shall be entitled to use the work.]

42. Publication of agreement .Every such agreement shall, as soon as may be after its
execution, be published [* * *] in the [Official Gazette], and shall thereupon (so far as
regards the terms on which the public shall be entitled to use the work) have the same
effect as if it had formed part of this Act.
43. Sections 39 to 42 not to apply where Government bound by agreement to provide land
for companies .The provisions of sections 39 to 42, both inclusive, shall not apply and the
corresponding sections of the [Land Acquisition Act, 1870 (10 of 1870)], shall be deemed
never to have applied, to the acquisition of land for any Railway or other company, for the
purposes of which, [under any agreement with such company, the Secretary of State for
India in Council, the Secretary of State, [the Central Government or any [State Government]
is or was] bound to provide land].
44. How agreement with Railway company may be proved .In the case of the acquisition of
land for the purposes of a Railway company, the existence of such an agreement as is
mentioned in section 43 may be proved by the production of a printed copy thereof
purporting to be printed by order of Government.
[44-A. Restriction on transfer, etc .No company for which any land is acquired under this
Part shall be entitled to transfer the said land or any part thereof by sale, mortgage, gift,
lease or otherwise except with the previous sanction of the appropriate Government.
44-B. Land not to be acquired under this Part except for certain purpose for private
companies other than Government companies .Notwithstanding anything contained in this
Act, no land shall be acquired under this Part, except for the purpose mentioned in clause
(a) of sub-section (1) of section 40, for a private company which is not a Government
company.
Explanation. Private company and Government company shall have the meanings
respectively assigned to them in the Companies Act, 1956 (1 of 1956).]
.
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Q6.
Q. 6 Explain the Urban Land(Ceiling & Regulation) Act,1976.
Answer:

URBAN LAND (CEILING AND REGULATION) ACT, 1976:

URBAN LAND (CEILING AND REGULATION) ACT, 1976:

An Act to provide for the imposition of a ceiling on vacant land in urban agglomerations, for
the acquisition of such land in excess of the ceiling limit, to regulate the construction of
buildings on such land and for matters connected therewith, with a view to preventing the
concentration of urban land in the hands of a few persons and speculation and profiteering
therein and with a view to bringing about an equitable distribution of land in urban
agglomerations to sub-serve the common good. WHEREAS it is expedient lo provide for the
imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such
land in excess of the ceiling limit, to regulate the construction of buildings on such land and
for matters connected therewith, with a view lo preventing the concentration of urban land
in the hands of a few persons and speculation and profiteering therein and with a view to
bringing about an equitable distribution of land in urban agglomerations lo sub-serve the
common good; AND WHEREAS Parliament has no power to make laws for the States with
respect to the mailers aforesaid except as provided in articles 249 and 250 of the
Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution
resolutions have been passed by all the Houses of the Legislatures of the Stales of Andhra
Pradesh, Gujarat, Haryana, Himachal

Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal
that the matters aforesaid should be regulated in those Stales by Parliament by law; BE IT
ENACTED BY PARLIAMENT IN THE TWENTY-SEVENTH YEAR OF THE REPUBLIC OF INDIA AS
FOLLOWS -

SECTION 01: SHORT TITLE, APPLICATION AND COMMENCEMENT

(1) This Act may be called the Urban Land (Ceiling and Regulation) Act, 1976.

(2) It applies in the first instance to the whole of the States of Andhra Pradesh, Gujarat,
Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh
and West Bengal and to all the Union territories and it shall also apply to such other State
which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of
the Constitution.

(3) It shall come into force in the States of Andhra Pradesh, Gujarat, Haryana, Himachal
Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal
and in the Union territories at once and in any other State which adopts this Act under
clause (1) of article 252 of the Constitution, on the date of such adoption; and, save as
otherwise provided in this Act, any reference in this Act to the commencement of this Act
shall, in relation to any State or Union territory, mean the date on which this Act comes into
force in such State or Union territory.

SECTION 02: DEFINITIONS

(i) in relation to any State to which this Act applies in the first instance, the date of
introduction of the Urban Land (Ceiling and Regulation) Bill, 1976 in Parliament, and

(ii) in relation to any State which adopts this Act under clause (1) of article 252 of the
Constitution, the date of such adoption;

(b) "building regulations" means the regulations contained in the master plan, or the law in
force governing the construction of buildings;

(c) "ceiling limit" means the ceiling limit specified in section 4-;

(d) "competent authority" means any person or authority authorised by the State
Government, by notification in the Official Gazette, to perform the functions of the
competent authority under this Act for such area as may be specified in the notification and
different persons or authorities may be authorised to perform different functions;

(e) "dwelling unit", in relation to a building or a portion of a building, means a unit of

accommodation, in such building or portion, used solely for the purpose of residence;
(f) "family", in relation to a person, means the individual, the wife or husband, as the case
may be, of such individual and their unmarried minor children.

(g) "land appurtenant", in relation to any building, means-

(i) in an area where there are building regulations, the minimum extent of land required
under such regulations to be kept as open space for the enjoyment of such building, which
in no case shall exceed five hundred square metres; or

(ii) in an area where there are no building regulations, an extent of five hundred square
metres contiguous to the land occupied by such building, and includes, in the case of any
building constructed before the appointed day with a dwelling unit therein, an additional
extent not exceeding five hundred square metres of land, if any, contiguous to the minimum
extent referred to in sub-clause (i) or the extent referred to in sub-clause (ii), as the case
may be;

(h) "master plan", in relation to an area within an urban agglomeration or any part thereof,
means the plan (by whatever name called) prepared under any law for the time being in
force or in pursuance of an order made by the State Government for the development of
such area or part thereof and providing for the stages by which such development shall be
carried out;

(i) "person" includes an individual, a family, a firm, a company, or an association or body of

individuals, whether incorporated or not;

(j) "prescribed" means prescribed by rules made under this Act;

(k) "State" includes a Union territory and "State Government", in relation to any land or
building situated in a Union territory of within the local limits of a cantonment declared as
such under section 3 of the Cantonments Act, 1924 (2 of 1924)-, means the Central
Government;

(l) "to hold" with its grammatical variations, in relation to any vacant land, means-

(i) to own such land; or

(ii) to possess such land as owner or as tenant or as mortgagee or under an irrevocable
power of attorney or under a hire-purchase agreement or partly in one of the said capacities
and partly in any other of the said capacity or capacities.

(m) "Tribunal" means the Urban Land Tribunal constituted under section 12-;

(n) "urban agglomeration", -

(A) in relation to any State or Union territory specified in column (1) of Schedule I, means,-

(i) the urban agglomeration specified in the corresponding entry in column (2) thereof and
includes the peripheral area specified in the corresponding entry in column (3) thereof; and

(ii) any other area which the State Government may, with the previous approval of the
Central Government, having regard to its location, population (population being more than
one lakh) and such other relevant factors as the circumstances of the case may require, by
notification in the Official Gazette, declare to be an urban agglomeration and any
agglomeration so declared shall be deemed to belong to category D in that Schedule and
the peripheral area therefor shall be one kilometre;

(B) in relation to any other State or Union territory, means any area which the State
Government may, with the previous approval of the Central Government, having regard to
its location, population (population being more than one lakh) and such other relevant
factors as the circumstances of the case may require, by notification in the Official Gazette,
declare to be an urban agglomeration and any agglomeration so declared shall be deemed
to belong to category D in Schedule I and the peripheral area therefor shall be one
kilometre;

(o) "urban land" means,-

(i) any land situated within the limits of an urban agglomeration and referred to as such in
the master plan; or
(ii) in a case where there is no master plan, or where the master plan does not refer to any
land as urban land, any land within the limits of an urban agglomeration and situated in any
area included within the local limits of a municipality (by whatever name called), a notified
area committee, a town area committee, a city and town committee, a small town
committee, a cantonment board or a panchayat, but does not include any such land which is
mainly used for the purpose of agriculture.

(A) "agriculture" includes horticulture, but does not include-

(i) raising of grass,

(ii) dairy farming,
(iii) poultry farming,
(iv) breeding of live -stock, and
(v) such cultivation, or the growing of such plant, as may be prescribed;

(B) land shall not be deemed to be used mainly for the purpose of agriculture, if such land is
not entered in the revenue or land records before the appointed day as for the purpose of
agriculture : Provided that where on any land which is entered in the revenue or land
records before the appointed day as for the purpose of agriculture, there is a building which
is not in the nature of a farm-house, then, so much of the extent of such land as is occupied
by the building shall not be deemed to be used mainly for the purpose of agriculture:
Provided further that if any question arises whether any building is in the nature of a farm-
house, such question shall be referred to the State Government and the decision of the
State Government thereon shall be final;

(c) notwithstanding anything contained in clause (B) of this Explanation, land shall not be
deemed to be mainly used for the purpose of agriculture if the land has been specified in
the master plan for a purpose other than agriculture;

(p) "urbanisable land" means land situated within an urban agglomeration, but not being
urban land;

(q) "vacant land" means land, not being land mainly used for the purpose of agriculture, in
an urban agglomeration, but does not include -
(i) land on which construction of a building is not permissible under the building regulations
in force in the area in which such land is situated;

(ii) in an area where there are building regulations, the land occupied by any building which
has been constructed before, or is being constructed on, the appointed day with the
approval of the appropriate authority and the land appurtenant to such building; and

(iii) in an area where there are no building regulations, the land occupied by any building
which has been constructed before, or is being constructed on, the appointed day and the
land appurtenant to such building:

Provided that where any person ordinarily keeps his cattle, other than for the purpose of
dairy farming or for the purpose of breeding of live-stock, on any land situated in a village
within an urban agglomeration (described as village in the revenue records), then, so much
extent of the land as has been ordinarily used for the keeping of such cattle immediately
before the appointed day shall not be deemed to be vacant land for the purposes of this
clause.

SECTION 03: PERSONS NOT ENTITLED TO HOLD VACANT LAND IN EXCESS OF THE CEILING
LIMIT

Except as otherwise provided in this Act, on and from the commencement of this Act, no
person shall be entitled to hold any vacant land in excess of the ceiling limit in the territories
to which this Act applies under sub-section (2) of section 1-

SECTION 04: CEILING LIMIT

(1) Subject to the other provisions of this section, in the case of every person, the ceiling
limit shall be,-

(a) where the vacant land is situated in an urban agglomeration falling within category A
specified in Schedule I, five hundred square metres;
(b) where such land is situated in an urban agglomeration falling within category B specified
in Schedule I, one thousand square metres;

(c) where such land is situated in an urban agglomeration falling within category C specified
in Schedule I, one thousand five hundred square metres;

(d) where such land is situated in an urban agglomeration falling within category D specified
in Schedule I, two thousand square metres.

(2) Where any person holds vacant land situated in two or more categories of urban
agglomerations specified in Schedule I, then, for the purpose of calculating the extent of
vacant land held by him,-

(a) one square metre of vacant land situated in an urban agglomeration falling within
category A shall be deemed to be equal to two square metres of vacant land situated in an
urban agglomeration falling within category B, three square metres of vacant land situated
in an urban agglomeration falling within category C and four square metres of vacant land
situated in an urban agglomeration falling within category D;

(b) one square metre of vacant land situated in an urban agglomeration falling within
category B shall be deemed to be equal to one and one- half square metres of vacant land
situated in an urban agglomeration falling within category C and two square metres of
vacant land situated in an urban agglomeration falling within category D; and

(c) one square metre of vacant land situated in an urban agglomeration falling within
category C shall be deemed to be equal to one and one- third square metres of vacant land
situated in an urban agglomeration falling within category D.

(3) Notwithstanding anything contained in sub-section (1), where in respect of any vacant
land any scheme for group housing has been sanctioned by an authority competent in this
behalf immediately before the commencement of this Act, then, the person holding such
vacant land at such commencement shall be entitled to continue to hold such land for the
purpose of group housing: Provided that not more than one dwelling unit in the group
housing shall be owned by one single person : Provided further that the extent of vacant
land which such person shall be entitled to hold shall, in no case, exceed-
(a) the extent required under any building regulations governing such group housing; or

(b) the extent calculated by multiplying the number of dwelling units in the group housing
and the appropriate ceiling limit referred to in sub -section (1),whichever is less.

(4)

(a) In any State to which this Act applies in the first instance, if, on or after the 17th day of
February, 1975, but before the appointed day, any person has made any transfer by way of
sale, mortgage, gift, lease or otherwise (other than a bona fide sale under a registered deed
for valuable consideration) of any vacant land held by him and situated in such State to any
other person, whether or not for consideration, then, for the purposes of calculating the
extent of vacant land held by such person the land so transferred shall be taken into
account, without prejudice to the rights or interests of the transferee in the land so
transferred : Provided that the excess vacant land to be surrendered by such person under
this Chapter shall be selected only out of the vacant land held by him after such transfer.

(b) For the purpose of clause (a), the burden of proving any sale to be a bona fide one shall
be on the transferor.

(5) Where any firm or unincorporated association or body of individuals holds vacant land or
holds any other land on which there is a building with a dwelling unit therein or holds both
vacant land and such other land, then, the right or interest of any person in the vacant land
or such other land or both, as the case may be, on the basis of his share in such firm or
association or body shall also be taken into account in calculating the extent of vacant land
held by such person.

(6) Where a person is a beneficiary of a private trust and his share in the income from such
trust is known or determinable, the share of such person in the vacant land and in any other
land on which there is a building with a dwelling unit therein, held by the trust, shall be
deemed to be in the same proportion as his share in the total income of such trust bears to
such total income and the extent of such land apportionable to his share shall also be taken
into account in calculating the extent of vacant land held by such person.
(7) Where a person is a member of a Hindu undivided family, so much of the vacant land
and of any other land on which there is a building with a dwelling unit therein, as would
have fallen to his share had the entire vacant land and such other land held by the Hindu
undivided family been partitioned amongst its members at the commencement of this Act
shall also be taken into account in calculating the extent of vacant land held by such person.

(8) Where a person, being a member of a housing co-operative society registered or

deemed to be registered under any law for the time being in force, holds vacant land
allotted to him by such society, then, the extent of land so held shall also be taken into
account in calculating the extent of vacant land held by such person.

(9) Where a person holds vacant land and also holds any other land on which there is a
building with a dwelling unit therein, the extent of such other land occupied by the building
and the land appurtenant thereto shall also be taken into account in calculating the extent
of vacant land held by such person.

(10) Where a person owns a part of a building, being a group housing, the proportionate
share of such person in the land occupied by the building and the land appurtenant thereto
shall also be taken into account in calculating the extent of vacant land held by such person.

(11) For the removal of doubts it is hereby declared that nothing in sub-sections (5), (6), (7),
(9) and (10) shall be construed as empowering the competent authority to declare any land
referred to in sub-clause (ii) or sub-clause (iii) of clause (q) of section 2-as excess vacant land
under this Chapter.

(i) owns such land and the building; or

(ii) owns such land but possesses the building or possesses such land and the building, the
possession, in either case, being as a tenant under a lease, the unexpired period of which is
not less than ten years at the commencement of this Act, or as a mortgagee or under an
irrevocable power of attorney or a hire-purchase agreement or partly in one of the said
capacities and partly in any other of the said capacity or capacities; or

(iii) possesses such land but owns the building, the possession being as a tenant under a
lease or as a mortgagee or under an irrevocable power of attorney or a hire -purchase
agreement or partly in one of the said capacities or partly in any other of the said capacity
or capacities.
SECTION 05: TRANSFER OF VACANT LAND

(1) In any State to which this Act applies in the first instance, where any person who had
held vacant land in excess of the ceiling limit at any time during the period commencing on
the appointed day and ending with the commencement of this Act, has transferred such
land or part thereof by way of sale, mortgage, gift, lease or otherwise, the extent of the land
so transferred shall also be taken into account in calculating the extent of vacant land held
by such person and the excess vacant land in relation to such person shall, for the purposes
of this Chapter, be selected out of the vacant land held by him after such transfer and in
case the entire excess vacant land cannot be so selected, the balance, or, where no vacant
land is held by him after the transfer, the entire excess vacant land, shall be selected out of
the vacant land held by the transferee : Provided that where such person has transferred his
vacant land to more than one person, the balance, or, as the case may be, the entire excess
vacant land aforesaid, shall be selected out of the vacant land held by each of the
transferees in the same proportion as the area of the vacant land transferred to him bears
to the total area of the land transferred to all the transferees.

(2) Where any excess vacant land is selected out of the vacant land transferred under sub-
section (1), the transfer of the excess vacant land so selected shall be deemed to be null and
void.

(3) In any State to which this Act applies in the first instance and in any State which adopts
this Act under clause (1) of article 252 of the Constitution, no person holding vacant land in
excess of the ceiling limit immediately before the commencement of this Act shall transfer
any such land or part thereof by way of sale, mortgage, gift, lease or otherwise until he has
furnished a statement under section 6-and a notification regarding the excess vacant land
held by him has been published under sub-section (1) of section 10-; and any such transfer
made in contravention of this provision shall be deemed to be null and void.

SECTION 06: PERSONS HOLDING VACANT LAND IN EXCESS OF CEILING LIMIT TO FILE
STATEMENT

(1) Every person holding vacant land in excess of the ceiling limit at the commencement of
this Act shall, within such period as may be prescribed, file a statement before the
competent authority having jurisdiction specifying the location, extent, value and such other
particulars as may be prescribed of all vacant lands and of any other land on which there is a
building, whether or not with a dwelling unit therein, held by him (including the nature of
his right, title or interest therein) and also specifying the vacant lands within the ceiling limit
which he desires to retain: Provided that in relation to any State to which this Act applies in
the first instance, the provisions of this sub-section shall have effect as if for the words
"Every person holding vacant land in excess of the ceiling limit at the commencement of this
Act", the words, figures and letters "Every person who held vacant land in excess of the
ceiling limit on or after the 17th day of February, 1975 and before the commencement of
this Act and every person holding vacant land in excess of the ceiling limit at such
commencement" had been substituted.

(2) If the competent authority is of opinion that-

(a) in any State to which this Act applies in the first instance, any person held on or after the
17th day of February, 1975 and before the commencement of this Act or holds at such
commencement; or

(b) in any State which adopts this Act under clause (1) of article 252 of the Constitution, any
person holds at the commencement of this Act, vacant land in excess of the ceiling limit,
then, notwithstanding anything contained in sub-section (1), it may serve a notice upon such
person requiring him to file, within such period as may be specified in the notice, the
statement referred to in sub-section (1).

(3) The competent authority may, if it is satisfied that it is necessary so to do, extend the
date for filing the statement under this section by such further period or periods as it may
think fit; so, however, that the period or the aggregate of the periods of such extension shall
not exceed three months.

(4) The statement under this section shall be filed,-

(a) in the case of an individual, by the indivi

.
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