Report No. 10
Section III-Part C States
The Resettlement of Displaced Persons (Land Acquisition) Act, 1948
(LX of 1948, as amended by A.L.O. 1950) (Central Act)
The Act extends only to Ajmer and Delhi. The object of this Act is to provide immediate accommodation to displaced persons and for that end to speedily obtain possession of the land. The Act to a large extent departs from the procedure laid down in the L.A. Act, 1894. Immediately after the notification for acquisition of the land is served and published, the land vests absolutely in the State Government free from all encumbrances and thereafter possession of the land may be taken. The procedure for enquiry into the objection follows thereafter. If the objection is upheld the land is released from acquisition and is revested in the owner together with the encumbrances which were previously extinguished.
If the objections are over-ruled, the compensation will have to be determined either by agreement or arbitration. If it was not possible to settle amicably, the arbitrator to whom the dispute has to be referred, should be a person qualified for appointment as a judge of a High Court. He is assisted in the determination by two experts, one nominated by the State Government, and the other by the person to be compensated. An appeal against the decision of the arbitrator lies to the High Court.
Market value of the land has to be fixed as on the date of the preliminary notification on 1-9-1939 with an addition of 40 per cent. whichever is less.
The Act is a complete code in itself and contains provisions on other matters analogous to those of the Land Acquisition Act, 1894.