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Goa act 012 of 1988 : Land Acquisition (Goa Amendment) Act, 1988

Preamble

[Goa Act No. 12 of 1988][21st May, 1988]

An Act further to amend the Land Acquisition Act, 1894.

Be it enacted by the Legislative Assembly of Goa in the Thirty-ninth Year of the Republic of India as follows:-

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Land Acquisition (Goa Amendment) Act, 1988.

(2) It shall come into force at once.

Section 2. Insertion of new sections

2. Insertion of new sections.- After section 3 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), the following sections shall be added, namely:-

"3 - A. Preliminary survey of lands and powers of officers to carry out survey.- For the purpose of enabling the State Government to determine whether land in any locality is needed or is likely to be needed for any public purpose, it shall be lawful for any officer of the State Government in the Public Works Department, or any other officer either generally or specially authorised by the State Government in this behalf, as the case may be,-

(i) to enter upon and survey and take leaves of any land in such locality;

(ii) to mark such levels;

(iii) to do all other acts necessary to ascertain whether the land is adapted for such purpose; and

(iv) where otherwise the survey cannot be completed and the levels cannot be taken, to cut down and clear away any part of any standing crop, fence of 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.

"3-B. Payment for damage.- The officer of the State Government in the Public Works Department, and any other officer so authorised shall, at the time of such entry, pay or tender payment of all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered; 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.".