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Report No. 10

The Land Acquisition Act, 1894 (Adaptation and Application Ordinance, 1948 as amended by Saurashtra Act XLIII of 1953)

The Saurashtra Act has made the following changes in the Land Acquisition Act of 1894.

In the definition section in clause (c), the reference to Deputy Commissioner is omitted. In clause (e), the reference is to the Indian Companies Act 1913 as amended from time to time instead of the Indian Companies Act of 1882. It provides that the expression "Court" would include the Court of Civil Judge (Senior Division) to which the principal Civil Court may transfer any proceedings under the Act. In the definition of 'public purpose' it provides for the acquisition of land for purposes of the development of areas from public revenues etc., and the subsequent disposal thereof by lease, assignment or sale with a view to securing further development.

It also provides that the Collector shall not make the Award under Section 11 without the prior approval of the State Government or any officer which the State Government may appoint in this behalf. It also adds a new Section 12A which would enable the correction of clerical or arithmetical error in an Award within a period of six months by the Collector either on his own initiative or on an application from the person interested. Also it seeks to enable the Collector to recover any over-payment made by him as if it were an arrear of land revenue. A new Section 15A is added which empowers the State Government, before an Award is made by the Collector under Section 11, to call for and examine the record of any order passed by the Collector or of any enquiry or proceedings of the Collector for the purpose of satisfying itself about the legality of the order or the regularity of the proceedings. It may even annul or reverse the order, if necessary.

In section 17, dealing with cases of urgency, an addition has been made to cover damage to roads, rivers, channels or tanks by some unforeseen events.

In the Part dealing with the temporary occupation of land, three new sub-sections are added after sub-section (1) of section 35. This would enable the State Government, before issuing a direction under sub-section (1) to require the Collector to submit a plan of the land and also an estimate of the compensation payable. The Collector then shall cause public notice of the substance of such requisition. Thereupon any officer authorised by the Collector may exercise the powers conferred under section 4(2). Such officer shall pay compensation at the time of his entry for all damages to be done and the decision of the Collector on this point shall be final.

In section 47 the reference to Calcutta, Madras and Bombay is omitted.

In Section 54 relating to appeals the following words are deleted: "and from any decree of the High Court passed on such appeal as aforesaid an appeal shall lie to His Majesty in Council subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908 and in Order XLV thereof."

Lastly, it provides for the substitution of the words "Government of Saurashtra" for the words "Central Government", "appropriate Government", or "Crown", wherever they may occur.

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