Report No. 10

Declaration

8. Declaration that land is required for a public purpose.-

(1) If the appropriate Government is satisfied,

(i) that the land is needed for a public purpose; and

(ii) that it is suitable for the purpose for which it is intended to be acquired; it shall, within six weeks from the date of receipt of the report of the Collector under sub-section (2) of section 6, direct the Collector to proceed under sub-section (2).

[Section 6(1), main para part, L.A.A.]

(2) The Collector shall, thereupon, within two months from the date on which he receives such direction,-

(a) cause the land (unless it has been already marked out under section 4) to be marked out;

(b) also cause it to be measured, and if no plan has been made thereof, a plan to be made of the same; and

(c) report to the appropriate Government the 'result of his operations under this sub­section. [Section 8, L.A.A.]

(3) The appropriate Government shall then, within one month from the receipt of the report of the Collector under sub-section (2), make a declaration that the land is needed for a public purpose. The declaration shall be published in the Official Gazette and shall specify?

(i) the land, with its precise boundaries, and survey number, (if any) its approximate area, and the place where a plan of the land may be inspected; and

(ii) the public purpose for which the land is needed.

[Section 6(1) part] [Section 6(2), L.A.A.]

(4) The Collector shall thereupon take order for the acquisition of the land and shall, within a period of 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, taken possession of the land after giving reasonable notice to the persons interested in the land.

[Section 7, L.A.A.] [Section 16 earlier part, L.A.A.]

(5) Land not included in the declaration under this section but included in the notification under sub-section (1) of section 4 shall, as from the date of the declaration, stand released from the notification; and the notification shall be deemed to be cancelled to that extent.

(6) If the appropriate Government decides to abandon the acquisition of the land, it shall issue a notification to that effect and cancel the notification issued under section (1) of section 4.