Report No. 10
The Hyderabad Land Acquisition Act, 1309F (IX of 1309F) [1899] as amended by the Hyderabad Land Acquisition (Amendment) Regulation 1358F (LIX of 1358F) [1948]
The Hyderabad Act (IX of 1309 F) as amended by the Regulation (LIX of 1358 F) has effected the following changes in the Land Acquisition Act of 1894.
In the definition, section instead of Collector, the expression 'Taluqdar' (who takes the place and discharges the functions of the Collector) is defined.
The expressions "Court" and "company" have been slightly differently defined in the light of their applicability to Hyderabad.
Clauses (ee), (f) and (g) defining "appropriate Government", "public purpose" and persons "entitled to act" have been omitted. Consequently, the reference to persons entitled in sub-section (3) of_section 5A is also omitted.
Sub-section (2) of section 10 making it obligatory on the part of persons to make or deliver certain statements required under sections 9, 10 has been omitted.
Likewise section 10 conferring power to summon and enforce attendance of witnesses and production of documents has been omitted.
Section 18 has been modified by fixing a uniform period of two months from the date of receipt of notice of award within which application can be is made requiring the Collector (Taluqdar) to make the reference to court instead of the six weeks period from different dates mentioned in clauses (a) and (b) of sub-section (2) of section 18 of the Indian Act.
Section 22 requiring the proceedings to be in open court does not find a place in the Hyderabad Act.
In the section corresponding to section 24 of the Land Acquisition Act, 1894, the clause fourthly found in the Indian Act is omitted in the Hyderabad Act. Besides, in clause fifthly and sixthly of the Indian Act, in factors to be disregarded, reference is made only to the "increase to the value" because of the use to which the acquired land will be put to; but the Hyderabad Act requires that both the "decrease and increase" should be disregarded. The provisions are as follows:
"fourthly, any decrease or increase in the value of the land likely to accrue from the use to which it will be put when acquired;"
"fifthly, any decrease or increase in the value of the other land of the person, interested likely to accrue from the use to which the land acquired will be put;"
Sub-section (2) of section 26 of the Land Acquisition Act which says that "every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment" within the meaning of the Code of Civil Procedure is omitted in the Hyderabad Land Acquisition Act.
In section 38A dealing with acquisition for companies, a minor change has been effected by increasing the number of workmen in an industrial concern from one hundred to two hundred.
In the last Part containing miscellaneous provisions, section 45 dealing with service of notice and section 46 providing for penalty in case of obstruction have been omitted in the Hyderabad Act.
In section 52 of the Land Acquisition Act, 1894 a minor change has been made by increasing the period of previous notice from one month to three months in case of suits under the Act.
Lastly, in the section corresponding to section 54 of the Land Acquisition Act, 1894 provision is made for appeal to the High Court.
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