Tamil nadu act 016 of 1997 : Land Acquisition (Tamil Nadu Amendment) Act, 1996

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Land Acquisition (Tamil Nadu Amendment) Act, 1996.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State Government may, by notification appoint.

Section 2. Amendment of section 4

2. Amendment of section 4.- In the Land Acquisition Act, 1894 (Central Act I of 1894.) (hereinafter referred to as the principal Act), in section 4,-

(1) in sub-section (1),-

(a) for the expression "Whenever it appears to the appropriate Government" the expression "Subject to the provisions of sub-section (I-A), whenever it appears to the Collector or the Commissioner of Land Administration or the Government, as the case may be," shall be substituted;

(b) the following Explanation shall be added at the end, namely:-

"Explanation.- For the purpose of this sub-section, the publication of notification in the Official Gazette, the publication of such notification in two daily newspapers anti the giving of public notice,-

(a) may precede each other;

(b) shall be completed within a period of sixty days. The period of sixty days shall be reckoned from the date of publication of notification in the Official Gazette or the date of publication of such notification in two daily newspapers or the date of giving public notice, whichever is earlier."

(2) after sub-section (1), the following sub-section shall be inserted, namely:-

"(1-A) The notification under sub-section (1) shall be published by-

(a) the Collector in respect of land not exceeding ten acres in extent the value ??? which does not exceed ??? five lakhs;

(b) the Commissioner of Land Administration in respect of land not exceeding twenty acres in extent the value of which exceeds rupees five lakhs, but does not exceed rupees twenty lakhs; and

(c) the Government in other cases"

(3) in sub-section (2), for the words "by such Government", the words "by such Collector or Commissioner of Land Administration or Government, as the case may be," shall he substituted.

Section 3. Amendment of section 5-A

3. Amendment of section 5-A.- In section 5-A of the principal Act, in sub-section (2), for the portion beginning with the words "in respect of different parcels of such land" and ending with the words "objection is shall be final", the following shall be substituted, namely:-

"in respect of different parcels of such land,-

(i) to the Government, where the notification under sub-section (1) of section ??? was published by the Government;

(ii) to the Commissioner of Laid Administration, where the notification under sub-section (1) of section 4 was published by the Commissioner of Land Administration or by the Collector;

containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of the Government or the Commissioner of Land Administration, as the case may be. The decision of the Government or the Commissioner of the Land Administration, as the case may be, shall be final."

Section 4. Amendment of section 6

4. Amendment of section 6.- In section 6 of the principal Act,-

(1) in sub-section (1),-

(a) after the words "appropriate Government", the words, "or the Commissioner of Land Administration, as the case maybe," shall be inserted;

(b) alter the words "to certify its orders", the words "or under the signature of the Commissioner of Land Administration, as the case may be," shall be inserted;

(2) in sub-section (2), the following Explanation shall be added at the end, namely:-

"Explanation.- For the purpose of this sub-section, the publication of declaration in the Official Gazette, the publication of such declaration in two daily newspapers and the giving of public notice,-

(a) may precede each other;

(b) shall be completed within a period of sixty days. The period of sixty days shall be reckoned from the date of publication of declaration in the Official Gazette or the date of publication of such declaration in two daily newspapers or the date of giving public notice whichever is earlier."

(3) in sub-section (3), after the words "appropriate Government", the words "or the Commissioner of Land Administration, as the case may be." shall be inserted.

Section 5. Amendment of section 7

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

Section 6. Insertion of new sections 16-A and 16-B

6. Insertion of new sections 16-A and 16-B.- After section 16 of the principal Act, the following sections shall be inserted, namely:-

"16-A. Restriction on transfer, etc.- (1) No person or authority (other than the Government), for whom any hind is acquired under this Act for any public purpose as referred to in sub-section (1) of section 4, shall transfer the said land or any part thereof by way of sale, mortgage, gift, lease or otherwise except with the previous sanction of the Government.

(2) Where it is noticed or any information has been received that any land his been transferred in contravention of sub-section (1), the Government may, by an order, declare the transfer to be null and void, and on such declaration; the land Shall, as penalty, be forfeited to, and vest in, the Government in Revenue Department free from all encumbrances:

Provided that no order under this sub-section, shall be made unless person of authority has had a reasonable opportunity of being heard.

16-B. Land to be forfeited in certain cases.- Where the Government are satisfied that the land acquired under this Act for any public purpose as referred to in sub-section (1) of section 4 is not used for the parpose for which it was acquired, they may, by an order, forfeit the land as penalty and the land shall vest in the Government in Revenue Department free from all encumbrances:

Provided that no order under this section, shall be made unless the person or authority aggrieved has had a reasonable opportunity of being hoard.".

Section 7. Amendment of section 18

7. Amendment of section 18.- In section 18 of the principal Act,-

(1) in sub-section (2), for the words "The application shall state the grounds on which objection to the award is taken", the following shall be substituted, namely:-

"The application shall state-

(a) the grounds on which the objection to the award is taken; and

(b) if it relates to the enhancement of compensation, the exact amount required to be enhanced:";

(2) after sub-section (2), the following sub-section shall be substituted, namely:-

(3) Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908 (Central Act V of 1908), or in any other law for the time being in force or in any contract, the applicant shall, if such application relates to the amount of compensation and if the ??? is not made for the Government, implead the person or authority, as the case may be, for whom the acquisition is made, as a party in such application.".

Section 8. Amendment of section 19

8. Amendment of section 19.- In section 19 of the principal Act, in sub-section (1), after clause (b), the following clause shall be inserted, namely:-

"(bb) the name of the person or authority to be impleaded as a party in the proceedings of the court where the acquisition is not made for the Government;".

Section 9. Insertion of new section 23-A

9. Insertion of new section 23-A.- After section 23 of the principal Act, the following section shall be inserted, namely:-

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

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

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

Declared unconstitutional in Rajasheriff v. The Government of Tamil Nadu, (2001) 4 CTC 577

Section 10. Substitution of section 25

10. Substitution of section 25.- For section 25 of the principal Act, the following sections shall lie substituted, namely:-

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

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

Section 11. Amendment of section 28-A

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

Section 12. Amendment of section 44-A

12. Amendment of section 44-A.- Section 44-A of the principal Act shall be renumbered ut sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-

"(2) Where it is noticed or any information has been received that any land has been transferred in contravention of sub-section (1), the Government may, by order, declare the transfer to be null and void and on such declaration, the land shall, as penalty, be forfeited to, and vest in, the Government in Revenue Department tree from all encumbrances:

Provided that no order under this sub-section shall be made unless the company has had a reasonable opportunity of being heard.".

Section 13. Insertion of new section 48-B

13. Insertion of new section 48-B.- After section 48-A of the principal Act, the following section shall be inserted, namely:-

"48-B. Transfer of land to original owner in certain cases.- Where the Government are satisfied that the land vest in the Government under this Act is not required for the purpose for which it was acquired, or for any other public purpose, the Government may transfer such land to the original owner who is willing to repay the amount paid to him under this Act for the acquisition of such land inclusive of the amount referred to in sub-sections (1-A) and (2) of section 23, if any, paid under this Act".

Section 14. Insertion of new section 54-A

14. Insertion of new section 54-A.- After section 54 of the principal Act, the following section shall be inserted, namely:-

"54-A. Service of notice by High Court-Notwithstanding anything contained in the ??? 1908 (Central Act V of 1908), the High Court before which an ??? such Court will proceed to hear the case ??? on that day, to be served on the person or authority also, other than the Government, for whom the acquisition is made."