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Report No. 10

Section II-State Acts

1. The Calcutta Improvement Act, 1911 (5 of 1911)

Chapter IV of the Act provides for the acquisition and disposal of land. The provisions of the Land Acquisition Act, 1894 are made applicable by this Act for acquisition of land • for the purposes of the Act but with important modifications. Section 70 provides for the constitution of a Tribunal for the determination of the dispute relating to compensation and its decision is treated as an award under the Land Acquisition Act, 1894. The award made by the Tribunal is enforceable by the Small Causes Court as if it were a decree ol that court. An appeal against the decision of the Tribunal is provided and it lies to the High Court.

The Act also restricts the right of appeal to definite grounds. Sections 17, 23 and 24 of the Land Acquisition Act are modified under the provisions of the Act. A new section 24A is introduced which adds to the provisions of section 24. The Act, therefore, while purporting to apply the provisions of the Land Acquisition Act, makes two important departures from it firstly, in the agency it provide for the determination of compensation and secondly, in the principles that govern the determination of compensation.

Law of Acquisition and Requisitioning of Land Back

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