Report No. 10
78. Section 17.-
The provisions of section 17 have been amplified and some of the restrictions contained therein have been removed. Thus the restriction under the section confining the power to take immediate possession to waste and arable lands has been removed. Likewise, as there may be other emergencies of the nature contemplated in sub-section (2), such as the repairing of breaches in the means of communication, we have included them specifically.1 We have added a new sub-section to the effect that the Collector should, on taking possession, immediately report the same to the appropriate Government together with the reasons therefor.
Thereupon, the appropriate Government has to decide, within three months of the receipt of the report, whether proceedings for acquisition of the land should be commenced or not. If the Government fails to decide within four months of the date of taking possession, the persons interested in the land shall be entitled to restoration of possession of land together with compensation.
1. Section 32 (1)(b), App I.
79. We have also provided1 that, apart from any question of emergency, the Collector may, in any case and at any time after notification under sub-section (1) of section 4, take possession of land, if the persons interested give their consent and surrender possession by waiving their right to object to the acquisition.
1. Section 31, App I.
80. We have further provided1 that in any case where, immediate possession has been taken (whether by consent or otherwise), if the appropriate Government does not wish to proceed with the acquisition of the land, it shall pay compensation in accordance with the provisions of section 37(2) of Appendix I. On the other hand, if the Government proceeds to acquire the land, then it shall vest absolutely in the Government free from all encumbrances, on the publication of a declaration under section 8 of Appendix I. We have also provided for the payment of interim compensation, in such cases of acquisition, to the extent of about 60 per cent. of the amount which the person concerned would, in the opinion, of the Collector, be entitled to claim in respect of the land. If, however, the amount offered is not accepted, the Collector shall deposit the same in court.
1. Section 33, App I.
81. The provisions of sub-section (3) of section 17 have been made into a new section1 and it has been provided that even in those cases where payment is to be made for damage sustained by sudden dispossession, if there is any dispute as to the sufficiency of the amount, the Collector shall refer the same to the court.
1. Section 34, App I.
82. Sub-section (4) of section 17 has been omitted as it is unnecessary under the procedure recommended by us. Under the existing set-up, in urgent cases, possession could be taken only after a notice under section 9(1) and hence there was the need for a provision like sub-section (4). But under the scheme proposed by us, possession can be taken by the Government, even before the issue of a notification under section 4.