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Ishwarlal Girdharlal Joshi vs The State Of Gujarat And Anr. on 13 December, 1966
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[Complete Act]
Central Government Act
Section 17 in The Land Acquisition Act, 1894
17 Special powers in cases of urgency. —
(1) In cases of urgency, whenever the 47 [appropriate Government] so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9, sub-section (1), 48 [take possession of any land needed for a public purpose]. Such land shall thereupon 49 [vest absolutely in the 50 [Government]], free from all encumbrances.
(2) Whenever owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station, 47 [or the appropriate Government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity,] the Collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the 47 [appropriate Government], enter upon and take possession of such land, which shall thereupon 49 [vest absolutely in the 50 [Government]] free from all encumbrances: Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
(3) In every case under either of the preceding sub-sections the Collector shall at the time of taking possession offer to the persons interested, compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained.
51 [(3A) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall, without prejudice to the provisions of sub-section (3),—
(a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested entitled thereto, and
(b) pay it to them, unless prevented by some one or more of the contingencies mentioned in section 31, sub-section (2),
and where the Collector is so prevented, the provisions of section 31, sub-section (2), (except the second proviso thereto), shall apply as they apply to the payment of compensation under that section.
(3B) The amount paid or deposited under sub-section (3A), shall be taken into account for determining the amount of compensation required to be tendered under section 31, and where the amount so paid or deposited exceeds the compensation awarded by the Collector under section 11, the excess may, unless refunded within three months from the date of the Collector's award, be recovered as an arrear of land revenue.]
(1) In section 17— “ Explanation .—This sub-section shall apply to any waste or arable land, not such as huts, pandals or sheds ”;
(2) In the following cases, that is to say,—
(2) In its application to the acquisition of lands in the Nagarjunasagar Project area, after sub-clause (b) of sub-section (2) of section 17 as amended by Madras Act 21 of 1948, add the following, namely:— “,or
(3) In its application to the acquisition of land of Andhra Pradesh Housing Board, after sub-clause (iii) of clause (b) of sub-section (2), add the following, namely:— “(iv) for the execution of any housing scheme under the Andhra Pradesh Housing Board Act, 1956.” [ Vide Andhra Pradesh Act 46 of 1956, sec. 40A (as inserted by Andhra Pradesh Act 14 of 1962), sec. 14.
(2) Whenever it becomes necessary for the purpose of protection life or property from flood, erosion or other natural calamities or for the maintenance of communication other than a railway communication or it becomes necessary for any Railway Administration (other than Railway Administration of the Union), owing to any sudden change in a channel of any navigable river or other unforeseen emergency for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or providing convenient connection with or access to any such station to acquire the immediate possession of any land, the Collector may, immediately after the publication of the declaration mentioned in section 6, or, with the consent in writing of the person interested, given in the presence of headman of the village or Mukhiya and Sarpanch as defined in the Bihar Panchayat Raj Act, 1947 (Bihar Act 7 of 1948), at any time after the publication of the notification under section 4 in the village in which the land is situated and with the previous sanction of the appropriate Government, enter upon and take possession of such land which shall thereon vest absolutely in the government free from encumbrances: Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
(3) In every case under the preceding sub-sections the Collector shall, at the time of taking possession offer to the person interested, compensation for the standing crops on such land and for any damage sustained by them caused by such sudden dispossession and not accepted in section 24 and, in case such offer is not accepted, the value of such crops and the amount of such other damage shall be allowed for in awarding compensation of the land under the provisions herein contained.
(2) Patna City .—In sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted. [ Vide Bihar Act 35 of 1951, sec. 71 and Sch. (w.e.f. 6-12-1951)]. In section 17— for the existing sub-section (1), the following sub-section shall be deemed to be substituted, namely:— “(1) Whenever the Government so directs in the interest of the expeditious execution of a housing or improvement scheme Housing Board Ordinance, 1974 the Collector, though no such award has been made, may on the expiration of fifteen days from the publication of the notice mentioned in sub-section (1) of section 3 take possession of any land needed for this purpose of the said Act and such land shall thereupon vest absolutely in the Government free from all encumbrances.”; [ Vide Bihar Act 57 of 1982, sec. 49, Sch. (w.e.f. 8-10-1983)].
(2) In section 17, in sub-section (1) omit the words “waste or arable”. [ Vide Gujarat Act 23 of 1962, sec. 31 and Act 20 of 1965 sec. 17, Sch. (w.e.f. 15-8-1965)]. Himachal Pradesh. —In section 17—
(2) In the following cases, that is to say,— [ Vide Himachal Pradesh Act, 1979 (4 of 1980), sec. 5 (w.e.f. 29-4-1980). Act has been repealed by Himachal Pradesh Act 17 of 1986].
(2) after sub-section (4) the following Explanation shall be deemed always to have been inserted:— “ Explanation .—It shall not be necessary for the purpose of sub-section (1) for taking possession of any waste or arable land, to state separately which lands are waste and which are arable.” [ Vide Maharashtra Act 24 of 1965, sec 4].
(3) Nagpur (City) .—(1) In section 17 in sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted;
(2) In section 17, add the following sub-section, namely:— “(5) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 5 (w.e.f. 1-1-1937): Maharashtra (V.R.) A.L.O. 1956]. During the continuance of the Land Acquisition (Maharashtra Temporary Amendment) Act, 1972, the provisions of section 17 of the Land Acquisition Act, 1894 shall apply, subject to the following modifications, that is to say,— “In section 17, in sub-section (2), after the words “as the case may be”, where they occur for the first time, insert the words “or whenever due to failure of the monsoons or otherwise there is acute scarcity of water for drinking or agriculture and failure of crops in the State, it becomes necessary for the State Government or the Commissioner to acquire the immediate possession of any land, for the purpose of providing water for drinking or agriculture and by setting up or containing relief works for providing employment to persons affected by the conditions referred to above.” [ Vide Maharashtra Act 7 of 1973, sec. 2 (w.e.f. 26-2-1973)].
(2) In its application for the acquisition of land by the State Government for roadside or by the Nagar Mahapalika, in sub-section (3) of section 17, after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted. [ Vide Uttar Pradesh Act 10 of 1945, sec. 9 and Sch., para 2 (w.e.f. 15-4-1946) and Act 2 of 1959, sec. 376 and Sch. II, para 5].
(3) In its application for the acquisition of land by the Nagar Mahapalika, after sub-section (3), the following sub-section shall be deemed to be added, namely:— “(4) *Sub-sections (1) and (3) shall apply also in the case of any area which is stated in a certificate granted by the District Magistrate or a Magistrate of the first class to be unhealthy.
(2) In section 17, after sub-section (3), the following sub-section shall be deemed to be added namely:—
(2) In its application to Development Board, after section 17, add the following section, namely:— “17A. Transfer of Land to Board .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Housing Commissioner, or an officer authorized in this behalf under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965; and the land shall thereupon vest in the Board subject to the liability of the Board to pay any further costs which may be incurred on account of its acquisition.” [ Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Sch., para 4]. West Bengal: Calcutta and Howrah (Improvements) .—After section 17, the following section shall be deemed to be inserted namely:— “17A. Transfer of Land to Board .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Board and the land shall thereupon vest in the Board, subject to the liability of the Board to pay any further costs which may be incurred on account of its acquisition.” [ Vide West Bengal Act 5 of 1911, sec. 71 and Sch., para 5 (w.e.f. 2-1-1912): West Bengal Act 14 of 1956, sec. 70 and Sch., para 6]. Union Territory: Goa Daman and Diu .—In section 17,—