Land Acquisition (Companies) Rules, 1963
5. Matters
to be provided in the agreement under section 41.
1.
The
terms of the agreement referred to in section 41 of the Act shall include the
following matters, namely :—
i.
that
the company shall not except with the previous sanction of the appropriate Government,
use the land for any purpose other than that for which it is acquired;
ii.
that
the time within which the dwelling houses or amenities directly connected
therewith shall be erected or provided or the building or work shall be
constructed or executed shall not exceed three years from the date of transfer
of the land to the company;
iii.
that
where the appropriate Government is satisfied after such enquiry as it may deem
necessary that the company was prevented by reasons beyond its control from
erecting, providing, constructing or executing dwelling houses or amenities or
any building or work within the time specified in the agreement, the
appropriate Government may extend the time for that purpose by a period not
exceeding one year at a time so however that the total period of extension
shall not exceed three years;
iv.
that
if the company commits a breach of any of the conditions provided for in the
agreement, the appropriate Government may make an order declaring the transfer
of the land to the company as null and void whereupon the land shall revert
back to the appropriate Government and directing that an amount not exceeding
one-fourth of the amount paid by the company to the appropriate Government as
the cost of acquisition under clause (1) of section 41 of the Act shall be
forfeited to the appropriate Government as damages and the balance shall be
refunded to the company, and the order so made shall be final and binding;
v.
that
if the company utilises only a portion of the land for the purpose for which it
was required and the appropriate Government is satisfied that the company can
continue to utilise the portion of the land used by it even if the unutilised
part thereof is resumed, the appropriate Government may make an order declaring
the transfer of the land with respect to the unutilised portion thereof as null
and void whereupon such unutilised portion shall revert back to the appropriate
Government and directing that an amount not exceeding one-fourth of such
portion of the amount paid by the company as cost of acquisition under clause (1)
of section 41 of the Act as it relatable to the unutilised portion shall be
forfeited to the appropriate Government as damages and that balance of that
portion shall be refunded to the company and the order so made shall, subject
to the provisions of clause (vi), be final and binding;
vi.
that
where there is any dispute with regard to the amount relatable to the
unutilised portion of the land, such dispute shall be referred to the court
within whose jurisdiction the land or any part thereof is situated and the
decision of that Court thereon shall be final.
1.
2.
Where
the company commits a breach of any of the terms of the agreement, the
appropriate Government shall not make an order under clause (iv) or
clause (v) of sub-rule (1), unless the company has been given an
opportunity of being heard in the matter.
3.
The
appropriate Government shall consult the committee before according any
sanction under clause (i) of sub-rule (1) or extending the time under
clause (iii) or making any order under clause (iv) or clause (v)
of that sub-rule.
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