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Report No. 10

69. Section 6.-

The provisions regarding the declaration under section 6 have been modified in several respects. If the; Government decides to proceed with the acquisition, it has to direct the Collector, within six weeks from the date of the receipt of the report from him1, to proceed to mark and measure the land and make a report of his operations to Government. Within one month of the receipt the Collector's said report, the Government has to make a declaration that the land is needed for a public purpose and specify that purpose and also give particulars regarding the land such as its precise boundaries, survey number, area and the place where the plan could be inspected.

It has been provided that immediately after the declaration, the Collector should take order for the acquisition of the land. The Collector is to take possession of the land within two months (or within such longer period, not exceeding four months in all as the appropriate Government may allow) from the date of the declaration, after giving a reasonable notice to the persons interested.

Two new sub-sections2 have been added. One of them in practice, has been reduced to a farce by the land specified in the notification, such lands as are not covered shall be deemed to have been excluded from the proposed acquisition and the notification under section 4 shall be deemed to have been cancelled to that extent. The other sub-section enables the Government, if it so decides, to abandon the acquisition proceedings by making a notification to that effect.

The proviso to section 6(1) has been omitted, as in practice, its working has been reduced to a farce by the Government making a mere token contribution of one anna from its revenues to the amount provided by other persons for whose benefit the land is being acquired. The courts have held3 this to be sufficient compliance with the proviso. The compensation payable has necessarily to come out of public funds, if the acquisition is for the State; but if it is for the benefit of other persons, the Government would see that the funds are provided by them. So long as the test of the existence of public purpose is satisfied, it is immaterial whether the compensation is paid out of public funds either in whole or in part.

Sub-section (3) has been omitted, as it is repugnant to Article 31(2) of the Constitution.

1. Section 8(3), App I.

2. Sub-sections (5) and (6) of section 8, App I.

3. Suryanarayana v. Province of Madras, AIR 1945 Mad 394 (PB).

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