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TAMIL NADU
GOVERNMENT. GAZETTE
EXTR AORDIh ARY
!bzrs
ice

sireurn~oBY

Nro,2341

M ADRAS, FR 1 DAY&.APRIL 10 I2 7
*-S.
PAN'GuN.I 21, A;TCWAYA, PH~*UVKkliGIWA:d A*WS~-2018

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Part IV-Section

36
it'
1J 1

T d Ndlia Acte and


The following Act of the Tamil Nadu Legislative Assembly
11eccivcd the assent of the Preslident on nhe 8th April 1987 anct, is
Iic~.eby published for general in fort~~t~tion.
:--

01

re

J'

le

ACT No, 10 OF 1087

o
le
11

THE KELAVARAPALLI RESERVOIR SCHEm


(ACQUISTTToN OF LAND) ACT, 1987.

4'

;I rrangpment of sections.

.So< f io)~
$ :

R'
U

1
2
3

WTHMITY

t]

5
6
7
I,

Short title arid zomn~encemet~t


Declaration.
Definitions.
Schedulzd lands deemed to bave been validly taken possession of, acquired and vested in Government.
Right to reccivc compensation.
Amount of compensation.
M-atters to be considciied in determining compensation.
Matters $0 be ncglecttxl in determining compensation.

1V-2 EX.(234-1

57

5
'

*.

: * J j * a a ~ .llafiadg4larj4

-9 fi;i r

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.
_ __
. ._
__
. - ---.
._
, : ' .....
sections :
Ar~*angemerz/of sections.
.-. --" . .......-., .- ....
...-. - ." . .". - .,
: - -.+--pe.-payme~~t -of. wmpnsa'tion -pknding.: d c . t c ~ : r n i . n a ~ - ~ ~ .

TAMIL NAU[J <;OVEKNMFN'I' GA%E'I"I'E EXI'IZAOI?I~IN/\It'r'

58

- - I

.-

. .

..__

....

-. .-

"I

.,

..'

-.
.

.-...-*-

..

.-

...

.i:

10
12

13

14
15 .
16
17

L
I
I

II!
I

, ,

..-

.,

, ,

".

18
19
20

21

..
..

Reference to court.
statement of prescribed authority to court.
Service of notice.
Restrictions on scope of proceed~qg.
.
~roceedinito be in open court.
Amount of cohpcnsation awarded by court not to be
lower than amount determined by prescribed authority.
Form of awards.
Costs.
Prescribed authority may be 'directed Yo pay interest on
excess cornpensat ion.
Redetermination of amount 00 conlpensation on basis of
award of court.
,Payment of compensation.
Investment of money deposited in respect of lands belonging
to persons incompetent to alienate.
Investment of money deposited in other cases.
Appeals in prcceedings before court.
Power of prebcribed authority in relation to determination
of compensation, stc.
1
Power to remove difficulties.
Repeal itnd saving.
THE SCHEDULE.

.An Acz to provide for the acquisitco~tol cettniit latttf.~[or the Kelavarapalli Reservoir Scheme in the Hosrrr taluk of the Dharmtrpurl district.
WHEREAS ur,der. Article 48 of the Constitution of India the State
shall endeavour lo organise agriculture on modern and scientific
lines ;
4ND 'WHEREAS in the interest d the general public and in order
that maxinlum possible advantage may result in the matter of agricultural production and for bringing prosperity to the
backward
and droughtprorle areas, it has heen conqidered necessary, as a
measure of agrariad reform to bring more lands under cultivation
I

AN C
tduk

Payment of interest.

'

csiim
~scali
incluc
mode
tY? o
;
I11ti

(one
l1h;il.

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in the Dhasmapuri district by improving the irrigation system on


rnc;(lc~-nand scientific lines, in pursuance of the directive prindipk
cr1s11rillcd i l l the said Article 48 oi t h c Constitution ,of Inclia ;

AND iI;HEKEAS the Kelavarapalli Reservoir Scheme in the Hosur


taluk of the Dharnlapuri district was framed in the year 1977 at an
estimated cost d five hundred and fifty-one lakhs of rupees without
cscalatior~ cost and six hundred and fifty nine lakhs of rupees
includiilg cscalaliori cost so as to be a source of irrigation on
nioderrl and scientific lines to benefit a ndw area of three thousand
l\;o hur~drcdu;ld forty hectares (eight thousand acres) of dry land
2 n d to stabilisc 2n c:.:ter.t
cf f o u ~hundred and thirty-eight hectares
(ow thousand and eighty-three acres) of existing wet ayacut in the
L>f~asmapuridistrict anci fur rapitlly inciustrialising the said district;

;4ND WHEREAS tile lands specified in the Schedule, amoilg other


lands were needed lor a public purpose, namely, the execution of
the Kelavarapaili Reservoir Scheme inc,bding the construction of
t l ~ ctlani and olhl;r work connected therewith ;
I

I
ler
rircl
a
I1

A N D WHERkAS thc possession of the lands specified in the


Sc~~cdulc
which were required for the speedy execution of the
Kelavarapalli Rscrvoir Scheme was .taken on behalf of the State
Govcrntncnt by ihc officers of the State Government and consicierable progress has been made in the execution of the said
Scheme
- - - .- - as specified below :-

Physical progress.

::*

Earth Dan1
.
. A~most completed.
2.
Masonry Dam
. . 73.30 per cent.
17.172 kilo metres out .of
Left Main Canal Exca30.50 kilo metres.
vation
..
9.317 kilo metres out of
Left Main Canal Liaing
..
. . 30.50 kilo metres.
37 numbers out of 118
Left Main Canal C.M.
numbers.
works
..
..
13.797 kilo metres out of
Right Mail1 Canal Exca22.58 kilo metres.
vation
-.
..
..
10.228 kilo metres.:;-out of
Right 'Main Canal Lin22.58 kilo meY'r6s.
ing'
..
i
39 11u114bers out of 50
~ j g h t iM:lin Cq;iiw1 C'.bl
numtiers ;
Works
..
..
.d2+ND WI-IEl'\EAS an amonot 'of three hundred and eleven lakhs of
'1.upccs has so Far been spent in thd execution of the said Scheme as
specified in dlc preceding paragraph ;
.d

Pi-

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--.

AND

hgD WI-,mEAS thc remaining part of the said Scheme is yet to


AND WHEREAS a dispute has been raised by certain persolls
'interested in some af- the sdhednled lands that possession of the said
'lands was ta'ken without Their consent ;

AND WHEREAS the

execution of the Kelavarapau Reservoir


Sgheme as specified above was proceeded without any obstruction
by the' pcrsons interested in tlie scheduled lands till the 16th
Kovgmber $979 ;
&A

BE .it

in the
4.

the 'K
I19fS"I.

,4ND WHEREAS aftcc taking posses.,;^;: (:f tllc ~cbctlulcd lands,


the land acquisition procecdillgs were initiated under the Land
Acquisilhn Act, 1894 (Central Act I of
1894) and notifications
under sub-section ( 2 ) of section 4 of the said Act in ree,pcct of motit
of the said lands have been published in the Tarnil Nadu Govern~tzcntGazette between the 23rd day of May 1979 and the 12th day
.ofSeptember 1979 ;

day o
2.
c lfcct
down

.$N.D WHEREAS

the land acquisition proceedings aforesaid haw


heea challenged by certain persons interested in some of the
~cheduledlands by way of a Writ Petition in Bhe Madras High!

Court and which is pending consideration before the


Court ;

said High

AND w H E R ~ ~ A
it sis not possible to return the scheduled lands
to the owners from whom thosel lands were taken as those lands
.have already been constructcd upon or otherwise utilised in the
execution of the said .Kelavarapa!li Reservoir Scheme ;

I
I

c. ND U'M:E;REAS it is rcported that the compo~lent\of the Scl~cmc


alread>y executed are deteriorating and the canal length already
completed are getting into disrepair on.ing to disuse :

AfiD 'WlELLAS tile State Go\lernrnent are of the opinion that


the very object of increasing agricultural production in and the
rapid jndustrialjsation of, the Dharmapuri district by: the execution
of the said 'Kelavarapalli Reservoir Scheme should rLd,t be defeated
and that public interests should 119t suffer ;
W3EW3AS reprwentations have been received from the
Members of Farliarcient and of the State Legislature and diher
members of the public for tWreairly completion of the Ktrlavara)
-- - pdUi Reservoir Schcme without fl~rfher;rl~la17

"

tion fo
the sar
Act 'I I

be cppq~leted;

..-

In tlia.
I

3.
requir

jurisdi
court,'

rest i~
under
Irtnil i

Schedt
and, t
thing

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li
."

~ A M ~ &&tiL

cs\tilkMt&i$r -~dzBm
W ~ . ~ & ~ ~ I N63A R Y
a

.. - -

AND % V H ~ B A Sthe Govzrnmm have decidqd to pay c o r n p a tion for rh.p acquisition of the scheduled lands as far .as possible in

the same manner as under the Land Acquisition Act, 1'894 (Central
Act .f df 1894) as amended qp 'to date ;

said

AND WHEREAS
for perfecting the title of the State Government

in respect of the scheduled lands which were already taken possession of, it is condtkred expedient to 'take immediate action;

BE i t iienaeil by the Legisbei~eAssembly of the State of Tamil Nadu


in the Thirty-eighth Year of the Republic: d India as follows :--:
'1. Sh.ort ~ i t l eand commencement.--(I3 This A d may be called
the Poavarapdli tesenroir Sebeene (Aquisition of - b ~ d Act,
)
1987.

nds,
.and
ions
novt

(2) 1%shall be deemed to have cope into force


day of February 1.987.

I1V6

2. Declaration.-It
is hereby declared that this Act is .for gividg
etfect to the policy of the State towards securing the principles laid
down
clauses (b) and (c) of A~ticle39 of the Constitution of
India.

emday

the
Iigh!
iigh

or1

thc

14th

3. Definitions.-la
this Act, unlas the context otherwise
re~uires,( I ) " court " means! the isttbotdinats judge's u
having
jurisdiction and if there is no subordinate judge's coux't, the district
court,' hzving juri@ictjon ;
'

lnds
nds

means the State Government ;


(3:: " person interested " includes aW \pel~l;?uclaiming an inteaest in compensation to be made on account of the acquisition of land
under rbis Act; and a per.%n shall be deemed to be interested in
land if h e is interested in an lea\semenC affm'ting the land j
(2)

tl1c

"

Government

"

(4) ''prescribed authority" means any authority or person


authorisect by the Government in this regard, by notification ;

hat
thc

:ion
ted'

(5) ~chsduled lands " means the lands .spzcifie1d in the


Sched~ileto this Act and include$ benefits to arise out of such lands
and, things attached to the earth or permanenay fastened to anyM t k f i g attached to the e a ~ h .

the
her
;raw
\

4. Scheduled lands .deemed to haw been validly tukerl?po,\st~.s~;bn


of, acquired and vested in Government.-Notwithstanding
anythidg

to the contrary contained in the Land Acquisition Act, 1894 (Central


Act I of 1894) or any other law for the time being in force or any

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ssltl~~ncnt,
grant, a g i . c ~ ~ ~ l cusage,
~ l t , custonl or any tlccrcc o r ordo1
oS a court or any 'L.ribuna1 or other author;ty, the schcdulcd lands
tahen possession of by, or on behalf of, the
Government (whether with or without the consent of the persons
inderestedj shall be clecn~ecl, anti ,hall be deemed always to have

which have been

(a) validly taken possession of and acquired for a public


purposc, namely, for ihc purposc of cxcc~uicnof the Kelavarapalli
Reservoir Scheme including the csnstructjon of the dain and other
work connected therewith ; and

has 1
c rlqrl

. [,ossc
9f

"his

( b ) vested absoluieiy in the Govcmlnent frec S~umall


encumbranoes, on the respective dalc of lakilig pos~essionof the said
lands specified En columll ( 5 ) of the Schedulc ;lg;tjnst tho scheduled
land specified in the corresp>~~ding
c~ltryin column ( 2 ) thereof.

th
h

t'or r:

5 . Rig& :o rccm've cornpo~srr~inrr.-Every person having any


interest in the scheduled land shall bc entilletl ro receive and bs
paid compensation as hereinafter provided.
6. Amount of comper~,sarion.-(1) In respoct of the scheduled
lands acql~ired under this Act, there shall be paid compensation,
the amount of which shall be deteriniiied In the manner specified in,
and in accordance with the provisions of, this Act.

(2) The prescribed authority shall, as soon as may be after


, the publicatioil of this Act in the Tantil i\ladu Guverntnent Gazette,
cause public notice to bd'giten at convenient plalzcs 011 or near the
scheduled la~ldstating that claims to rzompensat ion For all interests
in such scheduled land may bc made to hiin.
(3) Such notice shall state thc particulars ol' the scheduled land
and shall require all persons intcrested ill the scheduled land to
appear ptrbcsnally or by agei-2: bcfore the prescribed author it,^ at a
time and place therein mentioned (such time not being earlier than
fifteen days after the date of publication of the notice) and to state
the nattlix of their resp :dive intcrcsts in t h c schqduied -land and the
amount and particulars cf their claims to compensation for such'
interests. The prc':xrib,:Irt autharity may ill any caw require such
statement to be'macle in writing and signed by the party or his
agent.
(4) The prescribed' autliol-ity shall also serve
notice to the
samc effect on all sucli persons known or believed to be interested
therein, 'or to be entitled to act for persons so interested, as reside
or Ilavt: agents autjhoris<d
1.2ccoi\~cset-1-lcc nil t h ~ ? ; rbcha'f. cvi:hin
the Dharmapuri distr.ict.

E,
in th
. public
t~llici
sect ic
of ar

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TAMIL ~ ~ A D GOVERNMENT
U
GAZETTE EXTRAORDINARY

.-

G3

( 5 ) Jn case ally pcrson so intercs~cclresides elsewhere, and


:has LO-such.agent. the noiice-shail bc rent to him by post in a letter
addressed to -him a t his last Lalown residence, address or place of
I,wsjncss and rcgisterc:l unc1er.- irctims 36 2nd 29 of the Indian Post
Oficc Act, 1898 (Central Act V1 of 1598).
-

(6) On the day so fixcd, or on a n y other day to which enquiry


has been adjourned, the prescribed authority shall proceed to
enquire into the value of the scheduled land on the d~:e of taking
possession of the said scheduled land and into u~t,respective interests
+ ~f the persons claiming compensation and shall make an order under
*his 'hand of(i) the coi~lpenantioli;:rt~ich in his opinion should be allowed
for thc scheduled land ; and
(ii) thc apportionment uF thc said compensation among all
the persons known or bedieved to be interested in the scheduled land,[
et' \.-horn, o i of +hose c l a i r : ~ ~the
, prescri#cd autl~arityhas inforrnc.tic:n \ ~ ~ h e t l i e01-~ - not they l?..~vz res?ccti\lely appeared before him.
;

(7) The order under sub-section ( G ) shall be .made within a


~~cr-ic:d
of two years froni : ! ~ cda'te of publication of this Act' in thk
Tomil Nadu Government Gazette. A copy of the said order shall
.be published in the Tamil Wadu Governnzent Gazette and shall also
.

.bc

communicated to. every person interested in the scheduled land.

Explanation.--In computing the period of two years referred to


in this sub-section, any period or periods subsequent to the date of
-6ublication of this Act irk tli- ' m ~ n iNadu
l
Government Gnzctte during
which the ~?!-occzdii~~-s
for $he making of zn order under this subsection were held up on account of any stay or injunction by order
of any -court shall bc excluded.

7. Matters to he considered in determining compensation.---(1)


In dctermiciiig the amount of compensation to be awarded f ~ the
r
scheduled larlds ~tcqiiircd under this Act, the prescribed authority
:,1?21' .take into consideration.

1'

1
>

first, the market value of the scheduled land on tke respective


date of taking possessien of the land bv. or- on behalf of, the
Government ;
. , seconrllj~,:lie damage <usrained by the person interested, by
br~eson of. the taking of any stallding crops Or tpees which may be
on the scheduled land at the time of takinf possession thereof;

>

:,

th;nlly, the damaqe (if an) ) sustainc *l by the person interested,


^ai l i i e time of taking possession of th: scheduled land, by reason of
sc:.eri~ig scch x h c d u ' e ~ ll a i d from his othcr lands;
'

:P

-li=~ll~lU~~~~

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64

TAMIL KADU GOVERNMENT GAZETTE EXT R A 0 KI>lHARY


_ _ _ _ _ _ _ _ _ ___ _ _ _- __-_ - __ - ___-___
-- - _
_

LIC

fourth!y, thc damage (if any) sustained by the person intersted, at the time of taking possession of the scheduled land, by reason
of the ax36Usition injuriously affecting his other property, movable
or immovable, in any other manner or his earnings ;
fifthly, if, in consequence d the acquisition of the scheduled
land, the person interested is compelled to change his residence er
place of business. the reasonable expenqes (if any] incidental to such
t
!
change.
(2) In sdition to the ~narkeavalue of the sc:heduled laud a3
above. provided, therc shall iw paid an amount: calcula$ed at the rate
of twelve per centurn per annum on such markeb V ~ ~ Ufor
C the
period commencing on and from the date of taking possession of
the sclleduled land to the date of the order under sub-section (6) of
section 6.
;
' *J
IT@,%
.A%.
~xp/dkmtian.-In computing the period resferred to in tkis
section, any period. or periods subsequent to the date of publication of
this Act in the Tamil Ntzdrr Government Gqetre dusing which the
proceedings for the making of an order under sub-section (6) of
section 6 were field' up on account of any stay or injuhction by the
order of any court shall Be excluded.
(3) In-addition t e the market. value' of the schediuied land as
&ovc provicliid, there shag]. be paid. a; sum of thility per c e n t m on
such market value in consideration of dhe compulsory nature of the
acquisition.

I
I
I

and v
of sex
:;hall
that s

be ta!
recluii
depos
exces:
the c

arrea
1(
iimoL
thctc

8. Matters to be nhgJected k determining compensation.-In


deterinrt~jngthe amount of compensation under this Act, the fddswing shall not be taken into consideration, namely :first, the degree of urgency which has led to acqui'sition. ;

secondly, any disinclination: of the person interested to part with


the land acquired: ;
tlzirdly, any damage sustained by him, vchich, if caused by a
private person, shall not render such person liable to a suit;

fourthly, any increase to the value of the scheduled land


acquired likely to accrue from the use to which it! is put. ; .
fifthly, any increase to the value of the other land, of the person
interested likely to. accrue from. the use to which the scheduledlland
acquired is put ;
sixthly, any outlay or improvements on, or disposal of, the
schcctu1cd land acquired, commenced. made or effected. after the
date d takinp ~xl-uizr 3f t k ~ W k W.
d

prcscri
public;

one
and
cxpir
or d
1
chin
prcs*
circ

of

I.

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TAMTI, NADU GOVERNMENT GAZETTE EXTRAORDINARY


-

- - --

--

- .

-- - - ---

-.

--

__ _

65
.-

co~~ipensaiiorz
pclilditlg deterrr~inntion.-(1) The
prcscribed a111hority sh~111,witliirl o ~ ~n l uct i l l ~ from t h c daie of
publication of this Act in the l'ai~iilN ~ LGovernment
I
Guzette-

9 . Part

l ) a ~ / l i i ~ ioj
rt

(a) tender paymcl~tof eighty per centum of tho compensation


for the scheduled land as estimated by the prescribed authority
(hereafter in this scction referred to as " the amount ") to the
persoils entitled thereto, and

( 0 ) pay the amount to them unless prevented by some one


s
mentioned in sub-section (2) of
or m0l-c { i f tilt: i
and wlicrc the prescribed antholsity is so prevented, the provisions
of scctio~ 22, sub-section (2) (except the second proviso thereto)
shall apply as they apply to the payment of compensation under
that section.

as

on

+ the
--In

low-

with

(2) The aniount paid or deposited under sub-section (1) shall


be taken into account for detenni41ing the am0 unt of compensation
rcquired to be paid under this Act and where the amount paid or
deposited cxcceds thc compensation determined under section 6 , the
excess may, unless refunded within three monrhs from thc ,date
. of i
the order under sub-sectiol? ( 6 ) of section 6, be recovered as an
?!
arrear of land revenue.
: A
10. Paj~ment of interest.-The prescribed authority , shall pay the'
nmount of compensation determined uader section 6 9 t h interest
thereon at the rate of nine pzr centum per annum for the period 6f
one year from the date of taking possession of the scheduled lands
and at the rate of fifteen per centum per annum from the date of
expiry of the said period of one year until it shall have been so paid
or deposited.
1 1 . Apportionrncnt of co,~tpcnsation.--(l) Where several perms
claim to be interested in the amount of compensation detemjned, the
pl-escribed authoritv shall determine'the persons who, in, his opiili &
are entitled 'to rccrive compensation and'the ambunt payable f6 e 'ch
sf them.
(2) ff any disl,ritc itri~ics;is !c i h c : ~ p p o l . l i o i ~ ~o r~ I~~ Ic( ~. C~O I I. I ~ C I I sation or a n y part thcrcof, o r as t o t l ~ cpcr.:,ot~sgo whotii thc snmc
or any part thercnf is payable, the prescribed authority may rekr such
,
dispute to the decision uf the court.
12. Re/oence to c~ur,t.---(I
)Any pcrson aggiaieved by an order
nlatlc h y f he pl.es!:r.iheci. au t l~vr.itv: ~ l n d c l -s~th-se~tiun
(61 of,section 6
' nlay,
. h\/ \\lritt(.tr applic:ltio~~ttr flat:, piascclihcti n ~ ~ t t t o t ; ttat
i r

2'

nl

by a

land
,

3rson
land

r'

the
the
or-

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66 TAMIL

NAUU CiOVJIiKNMUNL GA%El"I'I! EX1'I<AOKIIINAKY


____- - .-- -____
__-_ _ _
_

tbe matter be referred by the prescribed authority for the determination of the court, whether his objcction be to the amount of
compensation, the psrsons to whom it is payable or the apportionment of the compensation among the persons interested.

; .
I
I

1
I

15.
i~lcluir:

of the

(2) The application shall state the grounds on which objection


to the order made under sub-section (6) of section 6 is taken :

16.
takc 1;
civil c
thc ca

Provided that every such application shall bc nladc,-(a) if the person making it was present or rcpresentcd before

the prescribed authority at the time when he made the order-under


sub-section (6) of section 6 , within six weeks horn the date of the
said order ;
( b ) in other cases, within six weeks of the receipt of the
brder, communicated under sub-section (7) of section 6, or within
six months from the date of the order of the p::escribed authority,
whichever period shall first expire.

'

lo

1908)

I!
costs

ProPC

(2) To the said stateirlent shall lie attached a schedule giving


t& particulap of the notices served upon, and of the statements in
writing made or delivered by, the parties interested respectivelzr.

(
;
i
alj persons interested in the cibjection, except

such

(jf
G Y'of~f h b have consentkd without p r n t ~ sto~ receivp payment
..
ef c o ~ p e n s ~ t i odeterrniacd
n
; sljd

4-

stater
mcan
t ively

court shall thereupon cause a notice


.- 14. Service of notice.-The
spixifgng the day on which the court will proceed to determine the
objection, and directing their appearance befbre the court on that
klay to be served on the following persons, namely :(a) thc vnlicant :

detern

..

Ii

~3I71Fb

coui.r.--(l) Tn making a
reference under section 12, the prescribed author:ty shall state for the
hfomation of the court, in writing under his hand.(a) the situation and extent of the land, with particulars of
any trees, buildings or standing crops thereon ;
(b) tho names of the persons whom he has reason to think
interested in such land ;
(c) the amoun&.of compensation determined under section 6 ;
(d) the amount paid or deposited under sub-section (1) of
sixtion 9 ; and
.
(e) if the objection be to the amount of the compensation,
'the grounds on which the amount of compensztion was determined.
13. Statonetit of prescribed authority

t!'(4lt

t
'

is nc
authc
appii
his c
his c

oft1
L'

coin;
presc
escc
w:31

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I -

I'AMTL NADU GOVERNMENT GAZETTE EXTRAORDINARY

--

--

--

_ _ . ^

. 67

__

YWll

(c) if the objection is in regard to the area of the land or%


the amount of compensation, the prescribed authority.

15. Restrrctions on scope of proceedings.-The


scope of the
inquiry in cvery such proceeding shall be restricted to a consideration
of the interests of the persons affected by the objection.

IG. Proceeding to be in open court.-Iivery sQch proceeding shall


take place in ope11 court, and all persons entilrled to practise in any
civil court in the State shall bc entitled to a2peas, plead and act (as
the case may be) in such proceeding.
17. Amount of compensation a~vurdedby court not to be lower
tharz amount dcterlnined by prescribed authority.-The amount 0 s
compensation awardcd by tlic court shall not be less than the amounl
determined by the prescribed authority under section 6.
18. Form of awards.-(1 ) Every award \hall be in writing signed
by thc jodgc, and shall sycciiy the amouni awarded under clause
first of sub-section (1) of scction 7, and also the amounts (if any)
icspective!y awarded under each of the other clauses of the same
sub-section, together with the grounds 08 awarding each of the said
anlounts.
(2) Evcry such award shall be deemed to be a decree and &t
ststcincnt ol tl;e yiounds oT evcry such award a judgment within th#
rncat~iilg 01 scclion 2, clause (3, and section 2, clause (9), rcspe*
Cotlc of Civil Procedure, 1908 (Central Act \ d
rivcly, of I
1908)
-

19. Costs.--(l) Every such award shall also L"qfz the ainouilt of
costs incurrcd in the proccedi~~gs,
and by what pcrsons and in what
proportions they are to be paid.

(2) When the amount determined by the prescribed authority


is not upheld, the costs shall ordinarily be paid by the prescribed
authcrity, unless the court shall be of opinion that the claim of &
applicant was so extravagant or that he was so negligent in putting
his case before the prescribed authority that some deduction from
his costs should be made or that he should pay a part of the costs
of the prescribed authority.
20. Prescribed authority may be directed to pay interest on excess
co~~zpen,surion.-If thc amount which, in the opinion of the court, the
prescribed authority ought to have awarded as compensation is in
excess of the amount which the prescribed authority did award as
compensation, the award of the court may direct that the prescribed
.,

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authority shall yay iiltcrest on such excess at the rate of nine per
c e n t w per annum for the period of one year $om the date ot
taking possession of the scheduled lands and at the rate of fifteen
per centum per annul11 'ram the dalc oI cxpiry o l the said period
~
of such cxcess or part illcrcol has been
of one ycar until t h amount
deposited into court.

such

21. Re-deterrizination oj ainount of co~npensationon basis of award


of court.-41) Where i11 an award the court allows to the applicant
any amount of compensation in excess of the amount determined
by the prescribed authority under section 6, the persons interested
in the scheduled land and who arc dso aggrieved by thc order of
the prescribed authority may, notwithstanding that they had not
made an application to the prescribed authority under section 12 by
written application to thc prescribed authority within threc mo~ltibs
from the date ofl the award of the court require that the amount of
compensation payable to them may be re-determined on the basis of
the
- - amount of compensation awarded by the couct :

liabil
corn1
lawft

Provided that in computing the period of three months within


which an applic:+inil to the prescribed authority shall be made, under
this sub-,.;tion,
the day on which the award was pronounced and
.me time requisite for obtaining a copy of the award shall be excluded.
(2) The prescribed authority shall, on receipt of an application
.
b d e r sub-section ( I ) , conduct an inquiry after giving notice to all
the persons i~lterested~and
giving them a ressonable opportu~lityof
being heard, and make ail award determining the amount of compensation payable to the applicant.

the

(3) Any person who has not accepted the award under subsection (2), may, by written application to the prescribed authority
require thau the matter be referred by the prescribed authority for tbe
determination of the court and the provisions of sections 7, 8 and
12 to U) shall, so far as may be, apply to such reference as they
apply to a reference under section 12.

.. ,22. .Payment #of compensation.-(1)

After the amount of compecsation has been determined, the prescribed authority shall tender
payment of the compensation to the persons entitled thereto
and
shall pay it to them.

'(2) If the perso 1s entitled to the compensation do not consent


to receive it or if theie be no person competent to alienate the land,
or if there be any dispute as to the title to receive compensation, or
,'as to the apportionment of ,it, the prescribed authority shall deposit
the
- - amount of compensation in the court :
I

land
was

arid
a1is
the
an(
san

ab:

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%AMIL NADU
-

GOVERNME~T GAZE^ M T R A O R ~ 69
~A~~

.-..

Provided further that 110 person who has received the amount
otherwise than upder protest
- shall. be entitled
-to make any application
under section 12 :
I

Provided also that nothiiig herein cc~ltlainr;~


qllall afi'ect the
liability of any person, who may receive the whole or any part of any
compensat:on awarded under this Act, to pry the same to the person
lawfully entitled thereto.
23. Investment of money deposited in respect of lands belongir'g
to persons incompetent to alienate.-(1) If any money shall be
deposited in court under sub-section (2) of section 22 and it appears
that the land in respect whereof the same was awarded belonged to
any person who had no power to alienate the same, the court sh*
( a ) order the money to be invested in the purchase of other
lands to be held under the like title and conditions of ownership as
the land in respect, oC which such money shall have been deposited

(6) if such purchase cannot be effected forthwith, then in


such Governmeat or other approvd secwiries as tha court shall think

direct the payment of the interest Or other proceeds


a~isiogfrom such investment to the person 01'persons who w ~ l fdr
d
the titne being have been entitled to the possession of the said land
and such moneys rhd] remain so deposited. and invested until the
same be applied(i) in the purchase of such other hinds as aforesaid ; or
(ii) in payment of any person or persons becoming
absolutely entitled thereto.

and shall

( a ) the cost of such investments

as aforesaid ;

(b) the costs of the orders for the payment of the interest or
other proceeds of the securities apon which such nloney$ arc for the
time being invested, and for the payment out of court of the principal of such moneys, and of all proceedings relating thereto, &&bt
such as may be occasioned by Iitigitf!ion between adverse daimahts,

'

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40

i
I

I1
1

TAM& NADU GOVLIRNMWT GAZETTE EYZRAOKUlNAttY,


- . -.
--- ----- - _ - .
.__
.
______
__ _ _-_
_---any
N.Inve.::nent of money deposited in other ~uses.-When
money shall have been deposited in court under this Act for any cause
other than that mentioned in section 23, the court may, o n the
application of any party interested or claiming an interest in such
mooey, order thk same to be invested in such Government or other
approved securities as it may think proper, and may direct the
interest or other proceeds of any such investment to be accumulated
and paid in such manner as it may consider will give tibe parties
interested aier-ein the same benefit therefrom as they might have
had from the land in respect whereof such money shall have been
deposit~dor as near thereto as may be,
- L

-__-

25. Appeals in proceedings Before court.-Subject to the provisions


of the Code oi' Civil Procedure, 1908 (Central Act V of 1908j
applicable to appeals from original decrees, and notwithstanding
anythmg to the contrary in any enactment tor the time being in force,
an appeal shall only lie in any proceedings under this Act to the
High Court from the award, or from any part of the award, of the
court and from any decree of the High Court passed on such appeal
as doresaid an appeal shall lie to the Supreme Court subject to the
provisions contained in Qrder
XLV-A of the Code of
Civil
,Procedurp, 1908 (Central Act V 01 1908).
26. Power of prescribed autttority i~ relation to iletenzzination of
compensation, etc.-(1)
The prescribed authority may, for the
pui;pose of carrying out the provisions of sections 6, 7, 10, 11 and
21L, by order, require, any person to furnish such information in his
possession relating to the scheduled lands as may be specified in
such order. ,
Ii
;[.&I
.

.,.1._

(2) The prescribed authority' shdl, while holding an enquiry


under this Act, have d the powers of a civil court, while trying a
suit under the Code of Civil Procedure, 1908 (Central Act V of 1908)
in respect ofl the following matters, namely :(a) summoning and enforcing the aticndance of any person
and ex-ng
him on oath ;
(b) requiring the discovery and production of any document;
(c) reception ot evidence on affidavi@;
(d) requisitio~iingany public record from any court or office;
(el issuing commission for examination 9f witnesses.

- 27..-Power to remove Eificul!ies.-(1)


If any difficulty arises in
giving effect to the provisions of this Act, the Government 'may,
by an order published in the Taniil Nadu Governnzent Gozeiie, make

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TAMIL NADU GOVBRNM'ENT GAZETTE EXrRAORDINAIRY


- - - -L

. - - - - -

----

'Y

71

le
;h

Provided that no such order shall be made after the expiry of


a period of two years from the date of publication of this Act in
the Tarnil Mclu Governrnelzt Gazette.

0T

he

( 2 ) Every order I I I undcr


~ ~
sub-section (1) shall, as sooh as
possible, after it is made, be placed on the table of the Legislative
Assembly and if, before the expiry of the session in which it is so
placed or the next session, the Assembly makes any modification in
any SUIC~I order or the Assembly decides that t!he order should not
be issued, the order shall thereafter have effect only in sach modified
form or be of no effect, as the case may be, so, however, that any
such modificatioli or annulment shall be without prejudice to the
validity of anything previously done under that order.

ns
18)
ng

:e,
he

.D

28. Repeal and saving.-(1) The Kel avarapalli Reservoir Scheme


(Acquisition of Land) Ordinance, 1987 (Tamil Nadu Ordinance 3 d
1987), is hereby repealed.

he

:a1
he,
vil

(2) ~otwithstandin~
such repeal anything done or any action
taken under the said Ordinance, shall be deemed to have been done
or taken under this Ad.

of

THE SCHEDU1,E

he
ad
iis
in
--1 i
*

'"

-.--

.-mu-*

-I_---.--

such provisions not inconsistent with the provisions of this A&


as appear to them to be necessary or expedient for removing the
difficulty :

St:

* -Pwm-

Taluk : Hosur.

District : Dllarmapuri.

D escriplion of landCla~~~ificcrtion
of Ian d.

~ c r i ( t l Szrrvc y
number, ~zumbcr.

P
F- 1
,-

.f

lp?-1
100--1

Dry
'

Dry

...
0.3

..
*a

Extent
Date of
in
taking
acres.
possession.

39.63

26th August
1977.

3.45

2nd Jancary
1978.

...

2.10

1st February

16.53

17th August

(p1

. 1978.

1977;

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TAMIL NADU OOVBRNMENT G,APBTTE EXTRAORDINARYI
UY 4
__.-...
Extent
$$jrffl ---:-at.
Bwvey
Cl~nijicationof 'lands.

'72

3unwer.

in
acres.

n~mucr.

','&+~U

.... ----- . :-.,

"5
.

97

Wet

.9

109-1

Dry

..

10

109-2

Dry

..

ill ..109-3

Dry

12

Dry

'

109-3

posses$ion.

..
..

2nd January
1978.

2nd January
1978.

..

2nd January
1978.

villa= : Elayusandiram Village.

46-2

,14

Dry

.. ..

4.90

Dry

.. ..

0.78

,,
5

15

462

26th August
1977.

village : Chennasandiram Village.

62-1

,Dry

17

662

Dry

18

64-1

Rocky

'16

..

0.30

...

0,3Q

vat

0.03

25th April
1978.

1 st Febrlrary
1978.

ZZnd January
1978.
22nd January
1978.
22nd January

1978,

22nd January

1978,

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TAMIL NADU GOVERNMENT GAZETTE E?CI'@lO=m

73
J

2b
--

ust

Clas$$ication of land.

Serial
Swey
number. number.

-21
22

24

136-3
and 4
136-5

Dry

137

Dry

144

Dry

Dry

..
.. .
.. ..
. ..
.. ..

Extent
Date of
in
taking
acres. possession.

0.10

0.15

0.20
* .b

0.52

22nd January
1978.
22nd January
1978.
22nd January
1978.
2Znd January
1978..

1.60

22nd January
1978.

(By order of the Governor.)

S. VADIVELU,
Commissioner and Secretary to Government,
Law Department.
yst

.il
uary

luary

uary

.
PEINTED AND PUBLISHED BY TBE I)IRECTolC OP STATlONRRY AND pRMTm-O
XADBAS, ON BEHALF OF TIlE UOVEltKhLENT OF TAM= NADD

h..

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