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[Complete Act]
Central Government Act
Section 17 in The Land Acquisition Act, 1894
17 Special powers in cases of urgency. —
(1) In cases of urgency, whenever the 47 [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), 48 [take possession of any land needed for a public purpose]. Such land shall thereupon 49 [vest absolutely in the 50 [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, 47 [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 47 [appropriate Government], enter upon and take possession of such land, which shall thereupon 49 [vest absolutely in the 50 [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.
51 [(3A) 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.
(3B) The amount paid or deposited under sub-section (3A), 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 Collector's award, be recovered as an arrear of land revenue.]
52 [(4) In the case of any land to which, in the opinion of the 53 [appropriate Government], the provisions of sub-section (1) or sub-section (2) are applicable, the 53 [appropriate Government] may direct that the provisions of section 5A 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 54 [after the date of the publication of the notification] under section 4, sub-section (1).] State AmendmentS Andhra Pradesh. —(1) Same as that made by Madras Act 21 of 1948, sec. 2 reproduced below:
(1) In section 17—
(a) In sub-section (1), add the following Explanation, namely:—
“ Explanation .—This sub-section shall apply to any waste or arable land, not such as huts, pandals or sheds ”;
(b) for the first paragraph of sub-section (2), substitute the following, namely:—
(2) In the following cases, that is to say,—
(a) 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 a convenient connection with or access to any such station.
(b) Whenever in the opinion of the Collector it becomes necessary to acquire the immediate possession of any land—
(i) for the purpose of any library or educational institution, or
(ii) for the construction, extension or improvement of—
(A) any building or other structure in any village for the common us of inhabitants of such village, or
(B) any godown for any society registered or deemed to be registered under Madras Co-operative Societies Act, 1932, or
(C) any dwelling-house for the poor, or(D) any irrigation tank, irrigation or drainage channel or any well, or
(E) any road. the Collector, immediately after the publication of the notice mentioned in sub-section (1) 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. [ Vide Madras Act 21 of 1948, sec. 2].
(2) In its application to the acquisition of lands in the Nagarjunasagar Project area, after sub-clause (b) of sub-section (2) of section 17 as amended by Madras Act 21 of 1948, add the following, namely:— “,or
(iii) for any purpose connected with the Nagarjunasgar Project in the area to which the Nagajunasagar Project (Acquisition of Land) Act 1956, extends”. [ Vide Andhra Pradesh Act 32 of 1956, sec. 3 (w.e.f. 8-11-1956)].
(3) In its application to the acquisition of land of Andhra Pradesh Housing Board, after sub-clause (iii) of clause (b) of sub-section (2), add the following, namely:— “(iv) for the execution of any housing scheme under the Andhra Pradesh Housing Board Act, 1956.” [ Vide Andhra Pradesh Act 46 of 1956, sec. 40A (as inserted by Andhra Pradesh Act 14 of 1962), sec. 14.
(4) In section 17, in sub-section (2), in clause (b)(ii)(B) as amended by Madras Act XXI of 1948, add the following words, figures and brackets, namely:— “the Hyderabad Co-operative Societies Act, 1952 (Hyd. Act 6 of 1952), or;” [ Vide Andhra Pradesh Act 20 of 1959, sec. 6 (w.e.f. 15-1-1959)]. In its application to State of Andhra Pradesh, for the purpose of acquisition of land for the construction, extension or improvement of any dwelling house for the poor— In section 17,—
(a) in sub-section (1), for the words “the appropriate Government”, substitute the words “the appropriate Government or the District Collector, as the case may be,”;
(b) in sub-section (2), in clause (b), for the words “the appropriate Government”, substitute the words “the appropriate Government or the District Collector, as the case may be,”; [ Vide Andhra Pradesh 22 of 1976, sec. 3 (w.r.e.f. 12-9-1975).
(ii) after sub-clause (iii) of clause (b) of sub-section (2) of section 17 (as amended by the Nagarjunasagar Project (Acquisition of Land) Act, 1956) add the following, namely:—
(iv) “or for any purpose incidental to or connected with the Visakhapatnam Steel Project in the area to which the Visakhapatnam Steel Project (Acquisition of Lands) Act, 1972 extends”; [ Vide Andhra Pradesh Act, 20 of 1972, sec. 3(2)(ii) (w.e.f. 13-11-1972)]. In section 17, in sub-section (4) for the words “after the publication of the notification” substitute the words “after causing public notice”. [ Vide Andhra Pradesh Act 9 of 1983, sec. 4(i) (w.r.e.f. 12-9-1975)]. In section 17, after sub-section (4), add the following sub-section, namely:— “(5) (a) In any case where the State government have directed under sub-section (4) that the provisions of section 5A shall not apply, the Collector shall take possession of the land within three months thereof.
(b) If however the Collector fails to take possession of the land within the aforesaid period of three months, the provisions of section 5A shall apply as if there is no such direction that section 5A shall not apply, and in all such cases the period of thirty days referred in section 5A shall be reckoned from the date of expiration of three months specified in clause (a).” [ Vide Andhra Pradesh Act 9 of 1983, sec. 4(ii) (w.r.e.f. 12-9-1975)].
Bihar —For section 17, substitute the following section, namely:— “17. Special powers in case 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 declaration mentioned in section 6, or with the consent in writing of the person interested, at any time after the publication of the notification under section 4 in the village in which the land is situated, take possession of any waste or Farable land needed or public purposes or for a company. Such land shall thereupon vest absolutely in the Government free from all encumbrances. Explanation. —This sub-section shall apply to any waste or arable land, notwithstanding the existence thereon of forest, orchard or trees.
(2) Whenever it becomes necessary for the purpose of protection life or property from flood, erosion or other natural calamities or for the maintenance of communication other than a railway communication or it becomes necessary for any Railway Administration (other than Railway Administration of the Union), owing to any sudden change in a channel of any navigable river or other unforeseen emergency for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or providing convenient connection with or access to any such station to acquire the immediate possession of any land, the Collector may, immediately after the publication of the declaration mentioned in section 6, or, with the consent in writing of the person interested, given in the presence of headman of the village or Mukhiya and Sarpanch as defined in the Bihar Panchayat Raj Act, 1947 (Bihar Act 7 of 1948), at any time after the publication of the notification under section 4 in the village in which the land is situated and with the previous sanction of the appropriate Government, enter upon and take possession of such land which shall thereon vest absolutely in the government free from 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 to do so, 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 the preceding sub-sections the Collector shall, at the time of taking possession offer to the person interested, compensation for the standing crops on such land and for any damage sustained by them caused by such sudden dispossession and not accepted in section 24 and, in case such offer is not accepted, the value of such crops and the amount of such other damage shall be allowed for in awarding compensation of the land under the provisions herein contained.
(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 provisions of section 5A shall not apply where the appropriate Government so directs to where possession of the land has been taken with the consent of the person interested.” [ Vide Bihar Act 11 of 1961, sec. 9 (w.e.f. 1-6-1961)].
(2) Patna City .—In sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted. [ Vide Bihar Act 35 of 1951, sec. 71 and Sch. (w.e.f. 6-12-1951)]. In section 17— for the existing sub-section (1), the following sub-section shall be deemed to be substituted, namely:— “(1) Whenever the Government so directs in the interest of the expeditious execution of a housing or improvement scheme Housing Board Ordinance, 1974 the Collector, though no such award has been made, may on the expiration of fifteen days from the publication of the notice mentioned in sub-section (1) of section 3 take possession of any land needed for this purpose of the said Act and such land shall thereupon vest absolutely in the Government free from all encumbrances.”;
(ii) in sub-section (3) after the word and figures “section 24” the words, figures and letter “or section 21A” shall be deemed to be inserted;
(iii) sub-section (4) shall be deemed to be omitted.
[ Vide Bihar Act 57 of 1982, sec. 49, Sch. (w.e.f. 8-10-1983)].
Gujarat —(1) In section 17, in sub-section (1), omit the words “or the Commissioner”, in sub-section (2), omit the words “or the Commissioner” and “or, as the case may be, of the Commissioner”, and in sub-section (4), omit the words “or, as the case may be, of the Commissioner” occurring at two places and omit the words “or he”. [ Vide Gujarat Act 15 of 1964, sec. 3 and Sch. (w.e.f. 15-5-1964)].
(2) In section 17, in sub-section (1) omit the words “waste or arable”. [ Vide Gujarat Act 23 of 1962, sec. 31 and Act 20 of 1965 sec. 17, Sch. (w.e.f. 15-8-1965)]. Himachal Pradesh. —In section 17—
(i) after sub-section (1), add the following explanation, namely:— “ Explanation .—This sub-section shall apply to any waste or arable land, n otwithstanding the existence therein of scattered tress or temporary structures, such as huts, pandals or sheds.”;
(ii) for sub-section (2), substitute the following sub-section, namely:—
(2) In the following cases, that is to say,—
(a) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary or 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;
(b) Whenever in the opinion of the Collector becomes necessary to acquire the immediate possession of any land for the purpose of any library or educational institution or for the construction, extension or improvement of any building or other structure in any village for the common use of the inhabitants of such village, or any godown for any society registered under the Himachal Pradesh Co-operative societies Act, 1969 or any dwelling-house for the poor, or the construction of labour colonies or houses for any other class of people under the Government sponsored housing scheme, or any irrigation tank, irrigation or drainage, channel, or any well, or any public road;
(c) Whenever land is required for a public purpose which in opinion of the appropriate Government is of urgent importance; 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.”
[ Vide Himachal Pradesh Act, 1979 (4 of 1980), sec. 5 (w.e.f. 29-4-1980). Act has been repealed by Himachal Pradesh Act 17 of 1986].
Karnataka —In section 17,—
(1) In sub-section (1), add the following Explanation, namely:— “ Explanation .—This sub-section shall apply to any waste or arable land, notwithstanding the existence thereon of scattered trees or temporary structures, such as huts, pandals or sheds.”;
(2) in sub-section (2), in the first paragraph, after the portion beginning with the word “whenever” and ending with the words “access to any such station”, add the following words, namely:— “or whenever owing to a like emergency or owing to breaches or other unforeseen events causing damage to roads, channels or tanks, it becomes necessary for the State government to acquire the immediate possession of any land for the purpose of maintaining road communication or irrigation or water-supply service, as the case may be;” [ Vide Mysore Act 17 of 1961, sec. 19 (w.e.f. 24-8-1961)].
(3) for the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Kerala —In section 17—
(i) in sub-section (1), after the words “appropriate Government” insert the words “or the District Collector”;
(ii) in sub-section (4),—
(a) after the words “in the opinion of the appropriate Government”, insert the words “or the Board of Revenue”;
(b) for the words “the appropriate Government may direct”, substitute the words “the appropriate Government or the Board of revenue, as the case may be, may direct”.
[ Vide Kerala Act 28 of 1985, sec. 6 (w.r.e.f. 17-4-1985)]. Madhya Pradesh. —In section 17,—
(1) in sub-section (1), the following proviso shall be deemed to have been added, namely:— “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 many be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.” [ Vide C.P. and Berar Act 20 of 1949, sec. 3 and Sch., para 2 (w.e.f. 22-4-1949): Madhya Pradesh Act 23 of 1958, sec. 3 and Sch., Pt. A, No. 59];
(2) in sub-section (2), after the words “any such station”, insert the following words, namely:— “or whenever owing to a like emergency it become necessary for the State Government to acquire the immediate possession of any land for the purpose of maintaining traffic over a public road” [ Vide C.P. and Berar Act 28 of 1949, sec. 2 (w.e.f. 6-5-1949): Madhya Pradesh Act 23 of 1958, sec. 3 and Sch., Pt. A, item 59].
(3) in sub-section (3), after the figures “24”, the words, figures and letter “or section 24-A” shall be deemed to be inserted;
(4) In section 17, the following sub-section shall be deemed to be added, namely:— “(4) when proceedings have been taken under this section for the acquisition of anyland, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession.” [ Vide C.P. Act 2 of 1922, sec. 3 and Sch. (w.e.f. 1-7-1923): Madhya Pradesh Act 23 of 1958, sec. 3 and Sch., Pt. A, item 59].
Maharashtra —In section 17,—
(1) (i) in sub-section (1), after the words, “appropriate Government”, insert the words “or the Commissioner”;
(ii) in sub-section (2),— (a) after the words “access to any such station”, insert the words “or whenever owing to a like emergency or owing to breaches or other unforeseen events causing damage to roads, rivers, channels or tanks, it becomes necessary for the State Government or the Commissioner to acquire the immediate possession of any land for the purpose of maintaining road communication or irrigation or water-supply service, as the case may be,” (b) after the words “appropriate Government”, insert the words “or, as the case may be, of the Commissioner”;
(iii) in sub-section (4),— (a) after the words “appropriate Government” where they occur in two places, the insert the words “or, as the case may be, of the Commissioner”; (b) for the words “it does so direct”, substitute the words “it or he does so direct”;
[ Vide Bombay Acts 35 of 1953, sec. 7 (w.e.f. 6-6-1953) and 8 of 1958 sec. 3(4) with Notification No. LAQ. 2558/V, dated 5th September, 1958: Bombay Government Gazette, 1958, Pt. IV-B, p. 937: Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
(2) after sub-section (4) the following Explanation shall be deemed always to have been inserted:— “ Explanation .—It shall not be necessary for the purpose of sub-section (1) for taking possession of any waste or arable land, to state separately which lands are waste and which are arable.” [ Vide Maharashtra Act 24 of 1965, sec 4].
(3) Nagpur (City) .—(1) In section 17 in sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted;
(2) In section 17, add the following sub-section, namely:— “(5) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 5 (w.e.f. 1-1-1937): Maharashtra (V.R.) A.L.O. 1956]. During the continuance of the Land Acquisition (Maharashtra Temporary Amendment) Act, 1972, the provisions of section 17 of the Land Acquisition Act, 1894 shall apply, subject to the following modifications, that is to say,— “In section 17, in sub-section (2), after the words “as the case may be”, where they occur for the first time, insert the words “or whenever due to failure of the monsoons or otherwise there is acute scarcity of water for drinking or agriculture and failure of crops in the State, it becomes necessary for the State Government or the Commissioner to acquire the immediate possession of any land, for the purpose of providing water for drinking or agriculture and by setting up or containing relief works for providing employment to persons affected by the conditions referred to above.” [ Vide Maharashtra Act 7 of 1973, sec. 2 (w.e.f. 26-2-1973)].
Orissa —In section 17,—
(a) [***]
(b) in sub-section (4), for the words “in the case of any land to which”, substitute the words “in cases where”.
[ Vide Orissa Act 19 of 1959, sec. 3 (w.e.f. 4-11-1959)]. Punjab, Haryana, Chandigarh and Himachal Pradesh. —In section 17,—
(i) to sub-section (1), add the following Explanation, namely:— “ Explanation .—This sub-section shall apply to any waste or arable land, notwithstanding the existence therein of scattered tress or temporary structures, such as huts, pandals or sheds.”;
(ii) for sub-section (2), substitute the following sub-section, namely:—
“(2) In the following cases, that is to say,—
(a) 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;
(b) whenever in the opinion of the Collector it becomes necessary to acquire the immediate possession of any land for the purpose of any library or educational institution or for the construction, extension or improvement of any building or other structure in any village for the common use of the inhabitants of such village, or any godown for any society registered under the Co-operative Societies Act, 1912, or any dwelling house for the poor, or the construction of labour colonies or houses for any other class of people under a Government sponsored housing scheme, or any irrigation tank, irrigation or drainage channel, or any well, or any public road;
(c) whenever land is required for a public purpose which in the opinion of the appropriate Government is of urgent importance, 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.”;
[ Vide Punjab Acts 11 of 1954, sec. 2 (9-1-1954); 17 of 1956, sec. 2 (14-6-1956); and 47 of 1956 sec. 2 (31-10-1956); Act 31 of 1966, sec. 88 and G.S.R. 257 dated 21st December, 1962: Gazette of India 3-3-1962, Pt. II, Sec. 3 (i), p. 229];
(iii) in sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted;
(iv) after sub-section (3), the following sub-sections shall be deemed to be added, namely:— “(4) Sub-sections (1) and (3) shall apply also to any area certified to be unhealthy by any Magistrate of the first class.
(5) Before granting any such certificate, the Magistrate shall cause notice to be served as promptly as may be on the persons referred to in sub-section (3) of section 9, and shall hear without any avoidable delay any objections which may be urged by them.
(6) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenlydispossessed of such land, compensation shall be paid to such person for such dispossession.” [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 5: Act 31 of 1966 sec. 88]. Tamil Nadu. —I. In section 17,—
(a) to sub-section (1), add the following explanation, namely:— “ Explanation .—This sub-section shall apply to any waste or arable land, notwithstanding the existence thereon of scattered trees or temporary structures such as huts, pandals or sheds.”
(b) for the first paragraph of sub-section (2), substitute the following sub-section, namely:—
“(2) In the following cases, that is to say,—
(a) 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;
(b) whenever in the opinion of the Collector it becomes necessary to acquire the immediate possession of any land
(i) for the purpose of any library or educational institution or
(ii) for the construction, extension or improvement of—
(A) any building or other structure in any village for the common use of the inhabitants of such village, or
(B) any godown for any society registered or deemed to be registered under the Madras Co-operative Societies Act, 1932, or
(C) any dwelling house for the poor, or
(D) any irrigation tank, irrigation or drainage channel or any well, or
(E) any road,
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.” [ Vide Madras Act 21 of 1948, sec. 2 (w.e.f. 4-1-1949)].
(II) Amendment made by Andhra Pradesh Act 20 of 1959, section 6, shall be omitted as regards the territories added to Tamil Nadu by Act 56 of 1959. [See T.N. A.L.O., 1961 (w.r.e.f. 1-4-1960)].
(III) Madras (City) .—In section 17, in sub-section (3) after the word and figures “section 24”, the words, figures and letter “or section 24A” shall be deemed to be inserted. [ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para 4 (w.e.f. 27-2-1951)]. Uttar Pradesh. —(1) In section 17, after sub-section (1), insert the following sub-section, namely:— “(1A) The power to take possession under sub-section (1) may also be exercised in the case of other than waste or arable land, where the land is acquired for or in connection withy sanitary improvements of any kind or planned development.” [ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para 6 (w.e.f. 19-11-1954)].
(2) In its application for the acquisition of land by the State Government for roadside or by the Nagar Mahapalika, in sub-section (3) of section 17, after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted. [ Vide Uttar Pradesh Act 10 of 1945, sec. 9 and Sch., para 2 (w.e.f. 15-4-1946) and Act 2 of 1959, sec. 376 and Sch. II, para 5].
(3) In its application for the acquisition of land by the Nagar Mahapalika, after sub-section (3), the following sub-section shall be deemed to be added, namely:— “(4) *Sub-sections (1) and (3) shall apply also in the case of any area which is stated in a certificate granted by the District Magistrate or a Magistrate of the first class to be unhealthy.
(5) Before granting any such certificate, the Magistrate shall cause notice to be served as promptly as may be on the persons referred to in sub-section (3) of section 9, and shall hear without any available delay any objections which may be urged by them.
(6) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession.” [ Vide Uttar Pradesh Act 2 of 1959, sec. 736 and Sch. II, para 5]. * Note that there is sub-section (4) in the main Act; this figure is, therefore, overlapping.
(4) for the existing sub-sections (1) and (1A), the following subsection shall be deemed to be substituted, namely:— “(1) Whenever the State Government so directs in the interest of the expeditious execution of a housing or improvement scheme under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, the collector, though no such award has been made may, on the expiration of fifteen days from the publication of the notice mentioned in sub-section (1) of section 9, take possession of any land needed for the purposes of the said adhiniyam. Such land shall thereupon vest absolutely in the Government free from all encumbrances.”
(5) Sub-section (4) shall be deemed to be omitted. [ Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Sch. 3]. In its application of Uttar Pradesh, in section 17, in sub-section (4), for the words, brackets and figures “sub-section (1) or sub-section (2)”, substitute the words, brackets and figures “sub-section (1), “sub-section (1A) or sub-section (2)”. [ Vide Uttar Pradesh Act 8 of 1974, sec. 3 (w.e.f. 26-4-1974)]. In section 17(4), to sub-section (4), insert the following proviso, namely:— “Provided that where in the case of any land, notification under section 4, sub-section (1) has been published in the Official Gazette on or after September 24, 1984 but before January 11, 1989, and the appropriate Government has under this sub-section directed that the provisions of section 5A shall not apply, a declaration under section 6 in respect of the land may be made either simultaneously with, or at any time after, the publication in the Official Gazette of the notification under section 4, sub- section (1).” [ Vide Uttar Pradesh Act 5 of 1991, sec. 2 (w.r.e.f. 24-9-1984)]. West Bengal: I. Calcutta (Improvement) .—(1) In section 17, sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted.
(2) In section 17, after sub-section (3), the following sub-section shall be deemed to be added namely:—
(4) Sub-sections (1) and (3) shall apply also in the case of any area which is stated in a certificate granted by the salaried Presidency Magistrate or a Magistrate of the first class to be unhealthy.
(5) Before granting any such certificate, the Magistrate shall cause notice to be served as promptly as may be on the persons referred to in sub-section (3) of section 9, and shall hear without any avoidable delay any objections which may be urged by them.
(6) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession”. [ Vide Bengal Act 5 of 1911, sec. 71 and Sch., para 4 (2-1-1912)].
(II) Howrah (Improvement) .—(i) As in Calcutta (Improvement)
(ii) Same as in (4) Calcutta (Improvement) except for the word “Presidency” after “salaried.”
(iii) Same as in (4) Calcutta (Improvement) except for the word “Presidency after “salaried.” section 70 and Schedule I, para 5 (26-1-1957). Section 17A Bihar: Patna (City) .—Same as that of Nagpur (city) under Maharashtra. [ Vide Bihar Act 35 of 1951, sec. 71 and Sch., para 5]. After section 17, the following section shall be deemed to have been inserted, namely:— “17A. Transfer of Land to Board .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make overcharge of the land to the Board and the land shall thereupon vest in the Board, subject to the liability of the Board to pass any further costs which may be incurred on account of its acquisition.” [ Bihar Act 57 of 1982, sec. 49, Sch.].
Gujarat —After section 17, insert the following section, namely:— “17A. Use of land for any public purpose permitted .—When any lands vests in the State Government or in a corporation owned by the State Government under the provisions of this Act, it shall be lawful, with the previous sanction of the State Government to use such land also for any public purpose other than that for which its possession was taken.” [ Vide Gujarat Act 20 of 1965, sec. 13 (15-8-1965)]. Madhya Pradesh. —In its application to the Bhopal area of the State of Madhya Pradesh, after section 17, insert the following section, namely:— “17A. Special powers in relation to building sites in Bhopal area .—Whenever it appears to the State Government that it is urgently necessary to acquire immediate possession of any building site (together with the building, if any, standing thereon) situate in Bhopal area, the State Government may issue direction accordingly to the Collector and thereupon the provisions of section 17 shall in all respects apply in case of such site as they apply in case of waste or arable land: Provided that the Collector shall not take possession of any building or part of a building under this section without giving to the occupier thereof two months' notice of his intention so to do in order to enable such occupier to vacate the building without necessary inconvenience.” [ Vide Madhya Pradesh Act 5 of 1959, sec. 3 (w.e.f. 1-4-1959)]. Maharashtra: Nagpur (City) .—After section 17, the following section shall be deemed to be inserted, namely:— “17A. Transfer of Land to Trust .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Trust; and the land shall thereupon vest in the Trust, subject to the liability of the Trust to pay any further costs which may be incurred on account of its acquisition.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 6 (1-1-1937): Maharashtra (Vidarbha Region) A.L.O., 1956]. Punjab, Haryana, Chandigarh. —Same as that of Nagpur (City) under Maharashtra. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 6: Act 31 of 1966, sec. 88]. Tamil Nadu: Madras (City) .—Same as that under Calcutta and Howrah (Improvement) under West Bengal. [ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para. 5 (w.e.f. 27-2-1951)]. Uttar Pradesh. —(1) In its application for acquisition of land for Nagar Mahapalika, after section 17, the following section shall be deemed to be inserted, namely:— “17A. Transfer of Land to Mahapalika. —In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Mukhya Nagar Adhikari; and the land shall thereupon vest in the Mahapalika, subject to the liability of the Mahapalika to pay any further costs which may be incurred on account of its acquisition.” [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, para 6].
(2) In its application to Development Board, after section 17, add the following section, namely:— “17A. Transfer of Land to Board .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Housing Commissioner, or an officer authorized in this behalf under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965; and the land shall thereupon vest in the Board subject to the liability of the Board to pay any further costs which may be incurred on account of its acquisition.” [ Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Sch., para 4]. West Bengal: Calcutta and Howrah (Improvements) .—After section 17, the following section shall be deemed to be inserted namely:— “17A. Transfer of Land to Board .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Board and the land shall thereupon vest in the Board, subject to the liability of the Board to pay any further costs which may be incurred on account of its acquisition.” [ Vide West Bengal Act 5 of 1911, sec. 71 and Sch., para 5 (w.e.f. 2-1-1912): West Bengal Act 14 of 1956, sec. 70 and Sch., para 6]. Union Territory: Goa Daman and Diu .—In section 17,—
(a) [***]
(b) in sub-section (4), for the words “In the case of any land to which “substitute the words “In case where”. [ Vide Goa Act 2 of 1981), sec. 2(a) and (b) (w.e.f. 26-2-1981)]. Union Territory: Pondicherry .—After section 17 insert the following section, namely:— “17A. Transfer of Land to Planning Authority .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make overcharge of the land to the Planning Authority constituted under section 11 of the Pondicherry Town and Country Planning Act, 1969; and the land shall thereupon vest in the said Authority, subject to the liability to pay any further costs which may be incurred on account of its acquisition.” [ Vide Pondicherry Act 15 of 1971, sec. 6 (w.e.f. 2-8-1971].