Tamil Nadu act 010 of 1987 : The Kelavarapalli Reservoir Scheme (Acquisition of Land) Act, 1987

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Keyword(s):

Court, Prescribed Authority, Scheduled Lands

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TAMIL NADU

GOVERNMENT. GAZETTE

EXTR AORDIh ARY sireurn~o BY WTHMITY

! b- Nro, 2341 *-S. M ADRAS, FR 1 DAY&.APRI L 10 I 2 7 zrs ice PAN'GuN.I 21, A;TCWAYA, PH~*UVKkliGIWA:d A*WS~-2018 ^___I_.C I- ---- .. - . . ,. - ---- _ _ CS, r -- % --c

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Part IV-Section 2

3 6

T d Ndlia Acte and it'

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The following Act of the Tamil Nadu Legislative Assembly

01 11eccivcd the assent of the Preslident on nhe 8th April 1987 anct, is re Iic~.eby published for general in fort~~t~tion. : -- le

o ACT No, 10 OF 1087

le J'

11 THE KELAVARAPALLI RESERVOIR SCHEm

4' (ACQUISTTToN OF LAND) ACT, 1987.

R' .So< f io)~ $ : ;I rrangpment of sections. U 1 Short title arid zomn~encemet~t

2 Declaration. n 3 Definitions. - 3

t] 4 Schedulzd lands deemed to bave been validly taken posses- sion of, acquired and vested in Government.

5 Right to reccivc compensation.

6 Amount of compensation.

7 M-atters to be considciied in determining compensation.

I, Matters $0 be ncglecttxl in determining compensation. 1V-2 EX. (234-1 1 57 ;

5

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. * *. : * J j * a a ~ . l l a f i a d g 4 l a r j 4 -9 fi;i r l ( ~ $ ~ a f i ~ ~ q ~ ~ ~ ~ ~ @ ~

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58 TAMIL NAU[J <;OVEKNMFN'I' GA%E'I"I'E EXI'IZAOI?I~IN/\It'r'

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- "I - - --- . . - . . . . _ _ _ . . _ . ..__ __ . .... - -. .- - . . ., -. . _ '. . , .

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sections : Ar~*angemerz/ of sections. .-. --" .-...-*- . .......-., .. .- . - .... ... ...-. - ." . . ". , , - ..- ., ., , , ". : , - - .+--pe.-payme~~t -of. .wmpnsa't ion -pknding.: d c . t c ~ : r n i . n a ~ - ~ ~ . ! q . i: 10 Payment of interest.

12 , . . Reference to court.

. .

, 13 statement of prescribed authority to court. L 14 Service of notice.

15 Restrictions on scope of proceed~qg.

I . .

I 16 ~roceedini to be in open court. I I I ! 17 Amount of cohpcnsation awarded by court not to be

I

lower than amount determined by prescribed authority.

18 Form of awards.

3

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in the Dhasmapuri district by improving the irrigation system on

rnc;(lc~-n and scientific lines, in pursuance of the directive prindipk cr1s11rillcd i l l the said Article 48 oi thc Constitution ,of Inclia ; AND iI;HEKEAS the Kelavarapalli Reservoir Scheme in the Hosur taluk of the Dharnlapuri district was framed in the year 1977 at an / estimated cost d five hundred and fifty-one lakhs of rupees without cscalatior~ cost and six hundred and fifty nine lakhs of rupees includiilg cscalaliori cost so as to be a source of irrigation on nioderrl and scientific lines to benefit a ndw area of three thousand

l\;o hur~drcd u;ld forty hectares (eight thousand acres) of dry land 2 n d to stabilisc 2n c:.:ter.t cf f o u ~ hundred and thirty-eight hectares (ow thousand and eighty-three acres) of existing wet ayacut in the

L>f~asmapuri district anci fur rapitlly inciustrialising the said district;

;4ND WHEREAS tile lands specified in the Schedule, amoilg other lands were needed lor a public purpose, namely, the execution of

the Kelavarapaili Reservoir Scheme inc,bding the construction of t l~c tlani and olhl;r work connected therewith ; I A N D WHERkAS thc possession of the lands specified in the Sc~~cdulc which were required for the speedy execution of the Kelavarapalli Rscrvoir Scheme was .taken on behalf of the State

Govcrntncnt by ihc officers of the State Government and consi- I cierable progress has been made in the execution of the said Scheme - - - .- - - - - - / as specified below :-

Physical progress. * ::* d Earth Dan1 . . . . A~most completed.

2. Masonry Dam I . . 73.30 per cent. Left Main Canal Exca-

vation . .

Left Main Canal Lia- ing . . . .

Left Main Canal C.M.

works . . . . Right Mail1 Canal Exca- vation -. . . . . Right 'Main Canal Lin- ing' . . i

~ j g h t iM:lin Cq;iiw1 C'.bl Works . . . .

17.172 kilo metres out .of

30.50 kilo metres.

9.317 kilo metres out of

30.50 kilo metres. 37 numbers out of 118 numbers.

13.797 kilo metres out of

22.58 kilo metres.

10.228 kilo metres.:;-out of

22.58 kilo meY'r6s. 39 11u114bers out of 50 numtiers ;

.d2+ND WI-IEl'\EAS an amonot 'of three hundred and eleven lakhs of

'1.upccs has so Far been spent in thd execution of the said Scheme as specified in dlc preceding paragraph ;

.d

4

hgD WI-,mEAS thc remaining part of the said Scheme is yet to be cppq~leted;

AND WHEREAS a dispute has been raised by certain persolls 'interested in some af- the sdhednled lands that possession of the said 'lands was ta'ken without Their consent ;

AND WHEREAS the execution of the Kelavarapau Reservoir

Sgheme as specified above was proceeded without any obstruction by the' pcrsons interested in tlie scheduled lands till the 16th Kovgmber $979 ; &A

,4ND WHEREAS aftcc taking posses.,;^;: (:f tllc ~cbctlulcd lands, the land acquisition procecdillgs were initiated under the Land Acquisilhn Act, 1894 (Central Act I of 1894) and notifications under sub-section⁽²⁾ of section 4 of the said Act in ree,pcct of motit

of the said lands have been published in the Tarnil Nadu Govern- ~tzcnt Gazette between the 23rd day of May 1979 and the 12th day

. .of September 1979 ;

.$N.D WHEREAS the land acquisition proceedings aforesaid haw

heea challenged by certain persons interested in some of the

~cheduled lands by way of a Writ Petition in Bhe Madras High! Court and which is pending consideration before the said High Court ; 4

8

AND wHER~~As it is not possible to return the scheduled lands to the owners from whom thosel lands were taken as those lands

.have already been constructcd upon or otherwise utilised in the execution of the said .Kelavarapa!li Reservoir Scheme ; I c. ND U'M:E;REAS it is rcported that the compo~lent\ of the Scl~cmc alread>y executed are deteriorating and the canal length already I completed are getting into disrepair on.ing to disuse :

AfiD 'WlELLAS tile State Go\lernrnent are of the opinion that the very object of increasing agricultural production in and the rapid jndustrialjsation of, the Dharmapuri district by: the execution of the said 'Kelavarapalli Reservoir Scheme should rLd,t be defeated and that public interests should 119t suffer ;

W3EW3AS reprwentations have been received from the

Members of Farliarcient and of the State Legislature and diher

) members of the public for tWreairly completion of the Ktrlavara- pdUi Reservoir Schcme without fl~rfher ;rl~la17 -- - --. ..-

AND "

tion fo the sar

Act 'I I BE .it in the

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AND % V H ~ B A S the Govzrnmm have decidqd to pay c o r n p a -

tion for rh.p acquisition of the scheduled lands as far .as possible in

the same manner as under the Land Acquisition Act, 1'894 (Central

Act .f df 1894) as amended qp 'to date ; said

nds, .and ions novt em- day

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\ I AND WHEREAS for perfecting the title of the State Government in respect of the scheduled lands which were already taken posses- sion of, it is condtkred expedient to 'take immediate action; BE it iienaeil by the Legisbei~e Assembly of the State of Tamil Nadu in the Thirty-eighth Year of the Republic: d India as follows :--:

'1. Sh.ort ~i t l e and commencement.--(I3 This A d may be called the Poavarapdli tesenroir Sebeene (Aquisition of - b ~ d ) Act,

1987.

(2) 1% shall be deemed to have cope into force or1 thc 14th

day of February 1.987.

2. Declaration.-It is hereby declared that this Act is .for gividg etfect to the policy of the State towards securing the principles laid

down clauses (b) and (c) of A~ticle 39 of the Constitution of India.

3. Definitions.-la this Act, ' unlas the context otherwise

re~uires,- ( I ) " court " means! the isttbotdinats judge's u having jurisdiction and if there is no subordinate judge's coux't, the district court,' hzving juri@ictjon ;

(2) " Government " means the State Government ;

(3:: " person interested " includes aW \pel~l;?u claiming an inte-

aest in compensation to be made on account of the acquisition of land under rbis Act; and a per.%n shall be deemed to be interested in land if h e is interested in an lea\semenC affm'ting the land j

(4) ''prescribed authority" means any authority or person authorisect by the Government in this regard, by notification ;

(5) ~chsduled lands " means the lands .spzcifie1d in the

I Sched~ile to this Act and include$ benefits to arise out of such lands and, things attached to the earth or permanenay fastened to any- -

M t k f i g attached to the e a ~ h .

I

4. Scheduled lands .deemed to haw been validly tukerl? po,\st~.s~;bn

of, acquired and vested in Government.-Notwithstanding anythidg

to the contrary contained in the Land Acquisition Act, 1894 (Central Act I of 1894) or any other law for the time being in force or any

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ssltl~~ncnt, grant, a g i . c ~ ~ ~ l c ~ l t , usage, custonl or any tlccrcc o r ordo1 oS a court or any 'L.ribuna1 or other author;ty, the schcdulcd lands which have been tahen possession of by, or on behalf of, the

Government (whether with or without the consent of the persons inderestedj shall be clecn~ecl, anti ,hall be deemed always to have

(a) validly taken , possession of and acquired for a public purposc, namely, for ihc purposc of cxcc~uicn of the Kelavarapalli Reservoir Scheme including the csnstructjon of the dain and other work connected therewith ; and

(b) vested absoluieiy in the Govcmlnent frec S~um all

encumbranoes, on the respective dalc of lakilig pos~ession of the said lands specified En columll (5 ) of the Schedulc ;lg;tjnst tho scheduled land specified in the corresp>~~ding c~ltry in column ( 2 ) thereof.

5 . Rig& :o rccm've cornpo~srr~inrr.-Every person having any interest in the scheduled land shall bc entilletl ro receive and bs

paid compensation as hereinafter provided.

6. Amount of comper~,sarion.-(1) In respoct of the scheduled lands acql~ired under this Act, there shall be paid compensation, the amount of which shall be deteriniiied In the manner specified in, and in accordance with the provisions of, this Act.

I

(2) The prescribed authority shall, as soon as may be after , the publicatioil of this Act in the Tantil i\ladu Guverntnent Gazette,

cause public notice to bd'giten at convenient plalzcs 011 or near the scheduled la~ld stating that claims to rzompensat ion For all interests in such scheduled land may bc made to hiin.

(3) Such notice shall state thc particulars ol' the scheduled land and shall require all persons intcrested ill the scheduled land to appear ptrbcsnally or by agei-2: bcfore the prescribed author it,^ 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 nattlix of their resp :dive intcrcsts in t hc schqduied -land and the amount and particulars cf their claims to compensation for such' interests. The prc':xrib,:Irt autharity may ill any caw require such statement to be'macle in writing and signed by the party or his

agent.

(4) The prescribed' autliol-ity shall also serve notice to the samc effect on all sucli persons known or believed to be interested therein, 'or to be entitled to act for persons so interested, as reside or Ilavt: agents autjhoris distr.ict.

has 1 c rlqrl

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in th

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. - - -- -- -

TAMIL ~ ~ A D U GOVERNMENT GAZETTE EXTRAORDINARY G3 - --- - _ - _ __

- ( 5 ) Jn case ally pcrson so intercs~ccl resides elsewhere, and :has LO-such. agent. the noiice-shail bc rent to him by post in a letter addressed to -him a t his last Lalown residence, address or place of

I,wsjncss and rcgisterc:l unc1er.- irctims 36 2nd 29 of the Indian Post Oficc Act, 1898 (Central Act V1 of 1598).^I

(6) On the day so fixcd, or on a n y other day to which enquiry

has been adjourned, the prescribed authority shall proceed to enquire into the value of the scheduled land on the d~:e of taking ; possession of the said scheduled land and into u~t, respective interests + ~f the persons claiming compensation and shall make an order under *his 'hand of-

(i) the coi~lpenantioli ;:rt~ich in his opinion should be allowed for thc scheduled land ; and

(ii) thc apportionment uF thc said compensation among all

the persons known or bedieved to be interested in the scheduled land,[

et' \.-horn, o i of +hose c la i r :~~ , the prescri#cd autl~arity has inforrnc-

.tic:n \ ~ ~ h e t l i e ~ - 01- not they l?..~vz res?ccti\lely appeared before him.

. (7) The order under sub-section ( G ) shall be .made within a

~~cr-ic:d of two years froni : ! ~ c da'te of publication of this Act' in thk

Tomil Nadu Government Gazette. A copy of the said order shall .be published in the Tamil Wadu Governnzent Gazette and shall also

. bc communicated to. every person interested in the scheduled land. Explanation.--In computing the period of two years referred to

in this sub-section, any period or periods subsequent to the date of -6ublication of this Act irk tli- 'm~ni l Nadu Government Gnzctte during

which the ~?!-occzdii~~-s for $he making of zn order under this sub- section were held up on account of any stay or injunction by order . of any -court shall bc excluded.^t

. 7. Matters to he considered in determining compensation.---(1)

In dctermiciiig the amount of compensation to be awarded f ~ r the ^I scheduled larlds ~tcqiiircd under this Act, the prescribed authority

:,1?21' .take into consideration-

1 ' 8 first, the market value of the scheduled land on tke respective

1 date of taking possessien of the land bv. or- on behalf of, the > Government ;

. ,

t seconrllj~, :lie damage

d br~eson of. the taking of any stallding crops Or tpees which may be 1 on the scheduled land at the time of takinf possession thereof; > - , :,

I th;nlly, ' the damaqe (if an) ) sustainc *l by the person interested,

^ai l i i e time of taking possession of th: scheduled land, by reason of sc:.eri~ig scch x h c d u ' e ~ l l a id from his othcr lands; s . I 1 1 : * 3 4 a : P - l i = ~ l l ~ l U ~ ~ ~ ~ ~ ~ f i f l @ f l f l W

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64 TAMIL KADU GOVERNMENT GAZETTE EXT R A⁰ KI>lHARY

LIC

- _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _- _ _ - _ - __ - ___-___ -- - I

fourth!y, thc damage (if any) sustained by the person inters-

ted, at the time of taking possession of the scheduled land, by reason

of the ax36Usition injuriously affecting his other property, movable

or immovable, in any other manner or his earnings ;

f i f th ly , if, in consequence d the acquisition of the scheduled land, the person interested is compelled to change his residence er place of business. the reasonable expenqes (if any] incidental to such change.^{t !}

(2) In sdition to the ~narkea value of the sc:heduled laud a3 above. provided, therc shall iw paid an amount: calcula$ed at the rate

of twelve per centurn per annum on such markeb V ~ ~ U C for the

period commencing on and from the date of taking possession of the sclleduled land to the date of the order under sub-section (6) of

section 6. ; ' * J IT@,% .A%. ~xp/dkmtian.-In computing the period resferred to in tkis

section, any period. or periods subsequent to the date of publication of this Act in the Tamil Ntzdrr Government Gqetre dusing which the

proceedings for the making of an order under sub-section (6) of section 6 were field' up on account of any stay or injuhction by the order of any court shall Be excluded.

(3) In- addition te the market. value' of the schediuied land as &ovc provicliid, there shag]. be paid. a; sum of thility per cen tm on

such market value in consideration of dhe compulsory nature of the acquisition.

8. Matters to be nhgJected k determining compensation.-In deterinrt~jng the amount of compensation under this Act, the fddsw-

ing shall not be taken into consideration, namely :-

first, the degree of urgency which has led to acqui'sition. ;

secondly, any disinclination: of the person interested to part with

the land acquired: ; I tlzirdly, any damage sustained by him, vchich, if caused by a private person, shall not render such person liable to a suit; fourthly, any increase to the value of the scheduled land acquired likely to accrue from the use to which it! is put. ; .

fifthly, any increase to the value of the other land, of the person

interested likely to. accrue from. the use to which the scheduledl land acquired is put ;

sixthly, any outlay or improvements on, or disposal of, the

schcctu1cd land acquired, commenced. made or effected. after the

date d takinp ~xl-uizr 3f t k ~ W k d W.

I prcscri I public; and v

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be ta!

recluii depos exces:

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as I on

+ the --In low- with by a land

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TAMTI, NADU GOVERNMENT GAZETTE EXTRAORDINARY 65

- - - -- - - - . -- - - --- - . - -- _ _ _ _ - I _ .-

9. Part l ) a ~ / l i i ~ i r t oj co~~ipensaiiorz pclilditlg deterrr~inntion.-(1) The

prcscribed a111 hor i ty sh~111, witliirl o ~ ~ c nlut i l l~ from thc daie of publication of this Act in the l'ai~iil N ~ L I Government Guzette-

(a) tender paymcl~t of eighty per centum of tho compensation for the scheduled land as estimated by the prescribed authority (hereafter in this scction referred to as " the amount ") to the

persoils entitled thereto, and

(0) pay the amount to them unless prevented by some one or m0l-c { i f tilt: i s mentioned in sub-section (2) of

and wlicrc the prescribed antholsity is so prevented, the provisions of scctio~ 22, sub-section (2) (except the second proviso thereto) shall apply as they apply to the payment of compensation under that section.

(2) The aniount paid or deposited under sub-section (1) shall be taken into account for detenni41ing the am0 unt of compensation rcquired to be paid under this Act and where the amount paid or deposited cxcceds thc compensation determined under section 6 , the

excess may, unless refunded within three monrhs from thc ,date of . i the order under sub-sectiol? (6 ) of section 6, be recovered as an arrear of land revenue.^!?

: A

10. Paj~ment of interest.-The prescribed authority , shall pay the'

nmount of compensation determined uader section 6 9 t h interest 1 thereon at the rate of nine pzr centum per annum for the period 6f

one year from the date of taking possession of the scheduled lands and at the rate of fifteen per centum per annum from the date of expiry of the said period of one year until it shall have been so paid

or deposited.

1 1 . Apportionrncnt of co,~tpcnsation.- (l) Where several perms

claim to be interested in the amount of compensation detemjned, the

pl-escribed authoritv shall determine'the persons who, in, his opiili & are entitled 'to rccrive compensation and'the ambunt payable f6 e 2' 'ch nl

sf them.

(2) ff any disl,ritc itri~ics ;is !c ihc : ~ p p o l . l i o i ~ ~ ~ ~ c ~ ~ I . o r I ~ I ( . C O I I ~ C I I -

sation or a n y part thcrcof, o r as t o t l ~ c pcr.:,ot~s go whotii thc snmc

or any part thercnf is payable, the prescribed authority may rekr such dispute to the decision uf the court.^,

12. Re/oence to c~ur,t.---(I )Any pcrson aggiaieved by an order

nlatlc h y f he pl.es!:r.iheci. au t l~vr.itv : ~lndcl - s~th-se~tiun (61 of, section 6

' nlay, . h\/ . A \\lritt(.tr applic:ltio~~ ttr flat:, piascclihcti n ~ ~ t t t o t ; i r ttat

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66 TAMIL NAUU CiOVJIiKNMUNL GA%El"I'I! EX1'I

I - I'AMTL NADU GOVERNMENT GAZETTE EXTRAORDINARY . 67 YWll^--- -- -- _^{_.^ - __} (c) if the objection is in regard to the area of the land or% F the amount of compensation, the prescribed authority.

authority shall yay iiltcrest on such excess at the rate of nine per c e n t w per annum for the period of one year $om the date ot

%AMIL NADU GOVERNME~T GAZE^ M T R A O R ~ ~ A ~ ~ 69

40 TAM& NADU GOVLIRNMWT GAZETTE EYZRAOKUlNAttY, L- w -__- - . -. - --- ----- - - _ - . .__ . ______ __ _ _-_ _----

'Y

'72 TAMIL NADU OOVBRNMENT G,APBTTE EXTRAORDINARYI UY 4 - , - . - __.- ...

TAMIL NADU GOVERNMENT GAZETTE E?CI'@lO=m 73