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Report No. 10

C.P. and Berar Land Acquisition (Amendment) Act, 1939 (XXVII of 1939) as amended by Acts VII of 1949 and XXVIII of 1949

The C.P. and Berar Act (XXVII of 1939) modifies sections 28 and 34 of the L.A. Act by providing that the rate of interest payable under these sections shall not be less than 3 per centum and more than 6 per centum. Thus it allows any interest between 3 and 6 per centum.

The C.P. and Berar Act (VII of 1949) provides for an exception to the expression "Court" defined in section 3(d) of the Land Acquisition Act, 1894 by the insertion of a new sub-section (3) in section 18 of the Land Acquisition Act, 1894 as follows:

"Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the Collector were a Court subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure, 1908".

Note.- It may be pertinent to point out that it would suffice if the insertion of sub­section (3) in section 18 has been suggested without any need to insert the words "except in sub-section (3) of section 18" after the word "Court" in section 3(d). Still the result would have been the same,

The C.P. and Berar Act (XXVIII of 1949) effects the following amendment:

In sub-section (2) section 17 of the Land Acquisition. Act, 1894, after the words "any such station", the following words shall be inserted, namely:-

"or whenever owing to a like emergency it becomes necessary for the State Government to acquire the immediate possession of any land for the purpose of maintaining traffic over a public road"

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