Section 1.Short title and cornmencement
(2) It shall come into force at once.
(1) This Act may be called Jaipur Development Authority (Amendment and Validation) Act, 1990
(2) It shall come into force at once.
Section 2.Substitution of section 54-A in Rajasthan Act 25 of 1982
"51-A Transitory provisions for pending matters relating to acquisition of land-(1) Notwithstanding, anything otherwise contained in Sub Section (1) of section 45, where, in any matter relating to the aquisition of land pending between 24th day of September, 1984 and 31st day of July, 1987, an action, thing or order has been taken, done or made under and in accordance with the provisions of this Act, as it stood before the first day of August, 1987, such action, thing or order shall not be re-opened or reviewed or be liable to be challenged on the ground that such action, thing or order was at variance with that provided for in the Land Acquisition Act, 1894 (Central Act 1 of 1894) (hereinafter in this section refered to as the Land Acquisition Act) subject, however, that any, further proceeding action or order in such matter conducted, taken or made on or after the first day of August, 1987, shall, subject to the other provisions of this section, be made under and in accordance with the Land Acquisition Act.
(2) The Amount of compensation or interest or that payable for another reason, shall in a matter pending on the first day of August, 1987, be payable under and in accordance with the provisions of the Land Acquisition Act and the money paid prior to the first day of August, 1987, shall be deducted from or adjusted against the said amount.
(3) Where in a matter pending on the first day of August, 1987, a notice under sub-section (2) of section 45 or a notification under sub-section (1) thereof has been issued or, as the case may be, published such notice or notification shall be deemed to be the notification or declaration published or made under sub-section (1) of section 4 or, as the case may be, under sub-section (1) of section 6 of the Land Acquisition Act and the declaration or award in such matter shall be made within a period of one year or as the case may be, two years from the first day of August, 1987.
(4) Where any land has, prior to the first day of August, 1987, vested in the State Government or its possession has been taken in accordance with the provisions of this Act, as it stood before the first day of August, 1987, such vesting or possession of land shall not be liable to be challenged on the ground that no amount of compensation was tendered and paid in accordance with sub-section (3-A) of section 17 of the Land Acquisition Act, subject, however, that such amount shall be tendered and paid within a period of six months from the first day of August, 1987.
(5) In detemining the amount of compensation to be awarded in a matter pending on the first day of August, 1987, the market value of the land at the date on which the notice was published in the Official Gazette under sub-section (2) of section 45, as it stood before first day of August, 1987, shall be taken into consideration.
(6) An appeal preferred to the Tribunal under sub-section (6) of section 48 or a dispute referred to the Tribunal under sub-section (2) of section 49 or a deposit of amount made in the Court of the District Judge under sub-section (2) of section 50 and pending decision or disposal on the first day of August, 1987, shall be dealt with having regard to the provisions of the Land Acquisition Act.
(7) Where in a matter pending on the first day of August, 1987, the amount of compensation payable under the provisions of this Act, as it stood before the first day of August, 1987, is higher than that payable under the Land Acquisition Act, the owner of the land and the persons interested therein shall be entitled to claim the higher amount.".
Section 51-A of the Jaipur Development Authority Act, 1982 (Act No. 25 of 1932), shall be deemed to have been substituted on 1st day of August, 1987 by the following namely:-
"51-A Transitory provisions for pending matters relating to acquisition of land-(1) Notwithstanding, anything otherwise contained in Sub Section (1) of section 45, where, in any matter relating to the aquisition of land pending between 24th day of September, 1984 and 31st day of July, 1987, an action, thing or order has been taken, done or made under and in accordance with the provisions of this Act, as it stood before the first day of August, 1987, such action, thing or order shall not be re-opened or reviewed or be liable to be challenged on the ground that such action, thing or order was at variance with that provided for in the Land Acquisition Act, 1894 (Central Act 1 of 1894) (hereinafter in this section refered to as the Land Acquisition Act) subject, however, that any, further proceeding action or order in such matter conducted, taken or made on or after the first day of August, 1987, shall, subject to the other provisions of this section, be made under and in accordance with the Land Acquisition Act.
(2) The Amount of compensation or interest or that payable for another reason, shall in a matter pending on the first day of August, 1987, be payable under and in accordance with the provisions of the Land Acquisition Act and the money paid prior to the first day of August, 1987, shall be deducted from or adjusted against the said amount.
(3) Where in a matter pending on the first day of August, 1987, a notice under sub-section (2) of section 45 or a notification under sub-section (1) thereof has been issued or, as the case may be, published such notice or notification shall be deemed to be the notification or declaration published or made under sub-section (1) of section 4 or, as the case may be, under sub-section (1) of section 6 of the Land Acquisition Act and the declaration or award in such matter shall be made within a period of one year or as the case may be, two years from the first day of August, 1987.
(4) Where any land has, prior to the first day of August, 1987, vested in the State Government or its possession has been taken in accordance with the provisions of this Act, as it stood before the first day of August, 1987, such vesting or possession of land shall not be liable to be challenged on the ground that no amount of compensation was tendered and paid in accordance with sub-section (3-A) of section 17 of the Land Acquisition Act, subject, however, that such amount shall be tendered and paid within a period of six months from the first day of August, 1987.
(5) In detemining the amount of compensation to be awarded in a matter pending on the first day of August, 1987, the market value of the land at the date on which the notice was published in the Official Gazette under sub-section (2) of section 45, as it stood before first day of August, 1987, shall be taken into consideration.
(6) An appeal preferred to the Tribunal under sub-section (6) of section 48 or a dispute referred to the Tribunal under sub-section (2) of section 49 or a deposit of amount made in the Court of the District Judge under sub-section (2) of section 50 and pending decision or disposal on the first day of August, 1987, shall be dealt with having regard to the provisions of the Land Acquisition Act.
(7) Where in a matter pending on the first day of August, 1987, the amount of compensation payable under the provisions of this Act, as it stood before the first day of August, 1987, is higher than that payable under the Land Acquisition Act, the owner of the land and the persons interested therein shall be entitled to claim the higher amount.".
Section 3.Validation
Notwithstanding anything contained in any judgement, decree or or ier or finding of any Court Tribunal or authority to the contrary, any action, thing or order, taken, done or made under and in accordance with the provisions relating to acquisition of land contained in the Jaipur Development Authority Act, 1982 (Act 25 of 1982) shall be deemed to be valid and effective as if such action, thing or or jer has been made, taken or done under the said Act as amended by this Act.