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Report No. 10

The Land Acquisition (Madras Amendment) Act, 1948 (XXI of 1948) as amended by Act XII of 1953

The Madras Act (XXI of 1948) provides that sub-section (1) of section 17 of the Land Acquisition Act, 1894 which governs the taking possession of any waste or arable land shall apply to waste or arable land notwithstanding the existence thereon of scattered trees or temporary structures like pandals, huts, sheds etc. Further, it seeks to provide for immediate taking possession under section 17(2) in the following cases as well:

"(b) whenever in the opinion of the Collector it becomes necessary to acquire the immediate possession of any land?

(i) for the purpose of any library or educational institution, or

(ii) for the construction, extension or improvement of-

(A) any building or other structure in any village for the common use of the inhabitants of such village, or

(B) any godown for any society registered or deemed to be registered under the Madras Co-operative Societies Act, 1932, or

(C) any dwelling house for the poor, or

(D) any irrigation tank, irrigation or drainage channel, or any well, or

(E) any road".

The Madras Act (XII of 1953) modifies sections 28 and 34 of the Land Acquisition Act, 1894 by reducing the rate of interest to four per cent and adding the following proviso:

"Provided that where such possession is taken before the commencement of the Land Acquisition (Madras Amendment) Act, 1953, the foregoing shall have effect as if for the rate of 4 per centum per annum specified therein the rate of 6 per centum per annum had been substituted."

Law of Acquisition and Requisitioning of Land Back

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