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Report No. 10

13. The Delhi Development Act, 1957 (LXI of 1957)

Chapter V (sections 15 to 23) of this Act contains the provisions for acquisition and disposal of land if the land is acquired for the Delhi Development Authority. Under section 15 of the Act the Delhi Development Authority is empowered to issue a notification in the Official Gazette specifying for the particular purpose for which the land is required" and calling upon the owner of the land and any other person, who, in the opinion of the authorities, may be interested in the land to show cause why the land should not be acquired. The Authority decides all the objections and makes an Order. Immediately after the notification is issued, it is provided in the Act that the land .shall vest absolutely in the Authority free from all encumbrances.

The fixation of compensation is by agreement in the first instance, and if no such agreement is passible, the matter is referred to the Collector for determination of the amount of compensation for the land acquired. The principles that should guide the Collector determining the compensation are contained in section 16, sub-section (5) of the Act. Against the decision of the Collector determining the amount of compensation, the aggrieved party is entitled to appeal to the District Judge of Delhi whose decision on appeal is final. The question of apportionment of compensation is also to be referred to the District Judge. There are also other provisions in the Act which relate to the payment of compensation, investment of the amount of compensation and so on.

Law of Acquisition and Requisitioning of Land Back

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