Report No. 10
32. Special powers in cases of urgency.-
(1) Whenever, owing to any sudden change in the powers in channel of any river or other unforeseen emergency, it becomes necessary-
(a) 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 riverside or a ghat station, or of providing convenient connection with or access to any such station; or
[Section 17(2), main pare, part, L.A.A.]
(b) for the Government to acquire immediate possession of any land for the purpose of maintaining road communications or traffic over roads or repairing breaches in channels, river bzinds or tanks or maintaining irrigation or water supply or drainage;
the Collector' may, even before a notification under sub-section (1) of section 4 has been issued enter upon and take possession of such land.
Provided that the Collector shall not take possession of any building or part of a building under this section without giving 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.
[Section 17(2), prov. L.A.A.]
(2) The collector shall immediately report to the appropriate Government the fact of such taking possession and the reasons therefor. The appropriate Government shall then, within two months of the receipt of such report, notify in the Official Gazette whether the acquisition of the land under the provisions of this Act should or should not be proceeded with.
(3) If within four months of the date on which possession of the land is taken, by the Collector, the appropriate Government does not notify in the Official Gazette whether the acquisition of the land under the provisions of this Act should or should not be proceeded with, then, notwithstanding anything contained in sub-section (2) the persons interested may apply to the court for an order against the Collector for-
(a) restoration of possession in accordance with their respective interests, and
(b) payment of such compensation as the court may determine.
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