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Report No. 10

The Land Acquisition Act, 1089 (XI of 1089) as amended by Acts V of 1096, 1 of 1099

The Travancore Act (XI of 1089), as amended, has effected the following changes in the L.A. Act, 1894.

In the definition section, instead of the expression "Collector", the expression "division peishkar" has been defined. The expression "local authority" is defined as "any Municipal Council or other authority legally entitled to, or entrusted by the Government with the control or management of any municipal or local fund".

Clauses (d), (e), (ee) and (f) defining the expression "Court", "company", "appropriate Government" and "public purpose" have been omitted and wherever the expression "appropriate government" occurs in the Act, it is replaced by the word "Government". Again, the reference to "married women" in the clause dealing with persons "entitled to act" has been omitted.

Section 5A dealing with the hearing of objections has been omitted.

The reference to company in the declaration section (6) and the proviso thereof to sub­section (1) has been omitted.

In section 9 dealing with notice to persons interested, the following new sub-section is added as the fifth one.

"(5) The notice shall also be published in the Gazette, and shall be deemed to be sufficient notice to all persons interested in the land as between the Government and such persons."

After the existing section 15, the following new section (dealing with the making of award where there is agreement) has been introduced:

"15. Award in case of agreement as to the amount of compensation.-If the Division Peishkar and all the persons interested agree as to the amount of compensation to be allowed, the Division Peishkar shall, with the previous sanction. of the Government, make an award under his hand for the same.

Award to be filed and to be evidence.-Such award shall be filed in the Division Peishkar's office and shall be conclusive evidence, as between the Government and all persons interested of the value of the land and the amount of compensation allowed for the same."

Sub-section (2) of section 17 (dealing with emergency cases where it becomes necessary for the Railway Administration to take immediate possession) along with the proviso has been omitted. Again, sub-section (4) making section 5A not applicable to certain cases has been omitted since, as mentioned already, section 5A does not find a place in the Travancore Act.

In clauses (a) and (b) of sub-section (2) of section 18, the six weeks' period is increased to a two-months' period.

Section 22 providing for the proceedings to be in open court has been omitted.

In section 23, in clause firstly of sub-section (1), the Travancore Act provides that the market value shall be as at the date of declaration under section 6 and not as at the date of publication of notification under section 4(1).

In section 26, sub-section (2) providing that the award shall be deemed to be a decree has been omitted.

In section 27, sub :section (2) providing for payment of costs by the collector where his award is not upheld has been omitted.

In section 31 providing for the payment of compensation or deposit in court, a new proviso has been added at the end to the effect that "no such arrangement shall be made without the previous sanction of the Government".

Sections 35 to 44 have been omitted. That is, the Part dealing with Temporary Occupation of Land and the Part dealing with Acquisition of Land for Companies have been omitted.

In section 35A of the Travancore Act which corresponds to section 50 of the L.A. Act, 1894, provision is made for acquisition of land at the cost of local authority only and not for any company (since the Part dealing with Companies has been omitted). Further, instead of the existing proviso, a new sub-section (3) has been added enabling the local authority objecting to the award of the Peishkar to ask for a reference to court. The new sub-section reads as follows:

"(3) Any such local authority which objects to the award of a Division Peishkar in regard either to the area of the land or to the amount of compensation may ask for a reference to the District Court within whose jurisdiction the land is situate in the manner and within the time specified in section 18; and thereupon the provisions of sections 19 to 23 and 25, in so far as they may, shall apply." Section 51 exempting award and agreement from stamp duty has been omitted.

In section 52 which lays down the requirement of month's previous notice before commencing any proceeding or prosecution against any person under the Act, an addition has been made barring suit or other proceedings "after the expiration of six months from the accrual of the cause of action".

In section 38 of the Travancore Act which corresponds to section 54 of the L.A. Act, 1894 it is laid down that an appeal shall lie to the High Court from the award. Immediately after this, following new section has been inserted:

"39. Provisions of Limitation Act and Code of Civil Procedure made applicable.-The provisions of the Limitation Act and the Code of Civil Procedure in respect of regular appeals in ordinary suits shall, so far as may be, apply to proceedings before the High Court under this Act."

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