Report No. 10
2. The Assam Land (Requisition and Acquisition) Act, 1948, (XXV of 1948)
The above Act was amended by Acts XX of 1950, XXXIV of 1950 and XXXIII of 1953
It seeks, to provide for requisition and speedy acquisition of premises and land for certain purposes.
(1) For maintaining supplies and services essential to the life of the community.
(2) For providing proper facilities for accommodation, transport, communication, irrigation or drainage.
(3) For providing land individually or in groups to landless, flood affected or displaced persons.
(4) To a society registered under the Indian. Co-operative Societies Act, 1912 or a company incorporated under the Companies Act, 1913 formed for the benefit and rehabilitation of landless, flood-affected or displaced persons.
Section 3 provides that the Government may, by order in writing, requisition any land except those used for purpose of religious worship or charitable purposes or the building wherein the owner has actually resided for a continuous period of one year immediately preceding the order of requisition.
Within a period of 30 days, the person interested may appeal to the Government and the decision of the Government in such appeal shall be final.
Section 4 provides that the Government may, if it appears necessary, acquire the requisitioned land by publication of a notice in the Official Gazette and that the Government shall be empowered to apply to such, land any of the provisions of the Land Acquisition Act of 1894 with the rules framed thereunder.
Section 7 lays down the principles for the determination of compensation. Sub-section (1) lays down that subject to sub-section (1A) whenever land is acquired under section 4, compensation shall be paid as determined by the Collector in accordance with the principles set out in sub-section (1) of section 23 of the Land Acquisition Act of 1894. The market value referred to in sub-section (1) of section 23 of the said Act shall be the market value of such land on the date of publication of notice.
Sub-section (1A) provides that in case of land included in any grant or statement made for special cultivation, if it is lying fallow or uncultivated or is not utilized for the purpose for which a grant was made or for incidental purposes, then compensation, payable for acquisition of such land together with trees thereon, shall be an amount equal to ten times the annual revenue which on date of publication of notice would have been payable, if such land is or had been assessable to revenue at full rates; it any amount was originally paid to the Government by the grantee as price or premium for the land, an additional amount equal to the amount originally paid by the grantee shall also be payable.
When compensation has thus been determined under sections 1 and 1A, the Collector shall make an award in accordance with the principles laid down in section 11 of the Land Acquisition Act of 1894 which shall not include the amount referred to in subsection (2) of section 23 of the said Act.
Where land is requisitioned under section 3, compensation shall be determined as follows:
(1) if there is agreement, the sum agreed would be paid as compensation, or
(2) in the absence of agreement, the compensation would be:
(i) for requisition of land, and
(ii) for damage done during the period of requisition other than that caused by natural causes.
When a person is aggrieved by the award under sub-section (2) of section 7 or when there is disagreement as to compensation under sub-section (3) of section 7, section 8 provides that the matter shall be referred to a decision of the court and that the provisions of the Land Acquisition Act, 1894 shall mutatis mutandis apply in respect of any reference made to the court under sub-section (1).