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Title : THE SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1956

Year : 1956

Act :

CHAPTER V


ACQUISITION OF LAND




12.Power to Central Government to acquire land.


12. Power to Central Government to acquire land. (1) Where on any representation from the competent authority it appears to the Central
Government that, in order to enable the authority to execute any work of improvement in relation to any building in a slum area or to re-
develop any clearance area, it is necessary that land within, adjoining or surrounded by any such area should be acquired, the
Central Government may acquire the land by publishing in the Official
Gazette a notice to the effect that the Central Government has decided to acquire the land in pursuance of this section:

Provided that, before publishing such notice, the Central Govern-
ment may call upon the owner of, or any other person who, in the opinion of the Central Government, may be interested in, such land to show cause why it should not be acquired ; and after considering the cause, if any shown by the owner or any other person interested in the land, the Central Government may pass such order as it deems fit.

(2) When a notice as aforesaid is published in the Official Gazette, the land shall, on and from the date on which the notice is so published, vestabsolutely in the Central Government free from all encumbrances.



13.Land acquired by Central Government to be made available to thecompetent authority.


13. Land acquired by Central Government to be made available to the competent authority. Where any land in a slum area or clearance area has been acquired under this Act the Central Government shall make the land available to the competent authority for the purpose of executing any work of improvement or carrying out any order of demolition or for the purpose of re-development:

1[Provided that where on any representation from the competent authority, the Central Government is satisfied that any such land or

----------------------------------------------------------------------
1 Added by Act 43 of 1964, s. 8 (w.e.f. 27-2-1965).
----------------------------------------------------------------------


154.any portion thereof is unsuitable for the purposes mentioned in this section, the Central Government may use the land or allow it to be used for such other public purpose or purposes as it may deem fit.



14.Right to receive compensation.


14.Right to receive compensation. Every person having any interest in any land acquired under this Act shall be entitled to receive from the Central Government compensation as provided hereafter in this Act.



15.Basis for determination of compensation.


15.(1) Basis for determination of compensation. The amount payable as compensation in respect of any land acquired under this Act shall be an amount equal to sixty times the net average monthly income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notice referred to in section 12.(2) The net average monthly income referred to in sub-section
(1) shall be calculated in the manner and in accordance with the prin-
ciples set out in the Schedule.

(3) The competent authority shall, after holding an inquiry in the prescribed manner, determine in accordance with the provisions of sub-section (2) the net average monthly income actually derived from the land and publish- a notice in the Official Gazette specifying the amount so determined and calling upon the owner of the land and every person interested therein to intimate to it before a date specified in the notice whether such owner or person agrees to the amount so determined and if he does not so agree, what amount he claims to be the net average monthly income actually derived from the land.

(4) Any person who does not agree to the amount of the net average monthly income determined by the competent authority under sub-section (3) and claims a sum in excess of that amount may prefer an appeal to the Administrator within thirty days from the date specified in the notice referred to in that sub-section.

(5) On appeal the Administrator shall, after hearing the appel-
lant, determine the, net average monthly income and his determination shall be final and shall not be questioned in any court of law.

(6) Where there is any building on the land in respect of which the net average monthly income has been determined, no separate compensation shall be paid in respect of such building:

Provided that where the owner of the land and the owner of the building on such I-and are different, the competent authority shall





155.apportion the amount of compensation between the owner of the land and the owner of the building 1*[in the same proportion as the market price of the land bears to the market price of the building on the date of the acquisition].


2* * * * * *



16.Apportionment of compensation.


16. Apportionment of compensation. (1) Where several persons claim to be interested in the amount of compensation determined under section 15, the competent authority shall determine the persons who in its opinion are entitled to receive compensation and the amount payable to each of them.

(2) If any dispute arises as to the appointment of compensation or any part thereof, or as to the persons to whom the same or any part thereof is payable, the competent authority may refer the dispute to the decision of the Administrator ; and the
Administrator in deciding any such dispute shall follow, as far as may be, the provisions of Part III of the Land Acquisition Act, 1894.(1 of
1894).



17.Payment of compensation of deposit of the same in court.


17. Payment of compensation of deposit of the same in court. (1)
After the amount of compensation has been determined, the competent authority shall on behalf of the Central Government tender payment of, and pay, the compensation to the persons entitled thereto.

(2) If the persons entitled to compensation do not consent to receive it, or if there be any dispute as to the title to receive com-
pensation or as to the apportionment of it, the competent authority shall deposit the amount of the compensation in the court of the
District Judge and that court shall deal with the amount so deposited in the manner laid down in sections 32 and 33 of the Land Acquisi-
tion Act, 1894.(1 of 1894).


18.Powers of competent authority in relation to determination ofcompensation, etc.


18. (1)Powers of competent authority in relation to determination of compensation, etc. The competent authority may, for the purposes of determining the amount of compensation or apportionment thereof, require, by order, any person to furnish such information in his pos-
session as may be specified in the order.

(2) The competent authority shall, while holding inquiry under section 15, have all the powers of a civil court while trying a suit

---------------------------------------------------------------------
1 Subs. by Act 43 of 1964, s. 9, for certain words (w.e.f. 27-2-
1965).

2 Second proviso omitted by s. 9. ibid. (w.e.f. 27-2-1965).
---------------------------------------------------------------------



156.under the Code of Civil Procedure, 1908,(5 of 1908). in respect of the following matters, namely: -

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) reception of evidence on affidavits ;

(d) requisitioning any public record from any court or office;

(e) issuing commissions for examination of witnesses.

Last updated on February, 2008
 
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