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4 a . w m M #
Wrhe 0 75 Palsc
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
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11
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;I rrangpment of sections.
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1
2
3
WTHMITY
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5
6
7
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1V-2 EX.(234-1
57
5
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_ __
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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 ~ - ~ ~ .
58
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-. .-
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.,
..'
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.
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.i:
10
12
13
14
15 .
16
17
L
I
I
II!
I
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..-
.,
, ,
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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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I
ler
rircl
a
I1
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
BE .it
in the
4.
the 'K
I19fS"I.
day o
2.
c lfcct
down
.$N.D WHEREAS
said High
AND w H E R ~ ~ A
it sis not possible to return the scheduled lands
to the owners from whom thosel lands were taken as those lands
.have already been constructcd upon or otherwise utilised in the
execution of the said .Kelavarapa!li Reservoir Scheme ;
I
I
"
tion fo
the sar
Act 'I I
be cppq~leted;
..-
In tlia.
I
3.
requir
jurisdi
court,'
rest i~
under
Irtnil i
Schedt
and, t
thing
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li
."
~ A M ~ &&tiL
cs\tilkMt&i$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;
nds,
.and
ions
novt
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
tl1c
"
Government
"
hat
thc
:ion
ted'
the
her
;raw
\
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LatestLaws.com
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
has 1
c rlqrl
. [,ossc
9f
"his
th
h
t'or r:
E,
in th
. public
t~llici
sect ic
of ar
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TAMIL ~ ~ A D GOVERNMENT
U
GAZETTE EXTRAORDINARY
.-
G3
.bc
1'
1
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>
:,
:P
-li=~ll~lU~~~~
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64
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
prcscri
public;
one
and
cxpir
or d
1
chin
prcs*
circ
of
I.
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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
as
on
+ the
--In
low-
with
2'
nl
by a
land
,
3rson
land
r'
the
the
or-
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LatestLaws.com
66 TAMIL
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
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
'
lo
1908)
I!
costs
ProPC
(
;
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
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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. 67
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YWll
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.
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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 $om the date ot
taking possession of the scheduled lands and at the rate of fifteen
per centum per annul11 'ram the dalc oI cxpiry o l the said period
~
of such cxcess or part illcrcol has been
of one ycar until t h amount
deposited into court.
such
liabil
corn1
lawft
the
(3) Any person who has not accepted the award under subsection (2), may, by written application to the prescribed authority
require thau the matter be referred by the prescribed authority for tbe
determination of the court and the provisions of sections 7, 8 and
12 to U) shall, so far as may be, apply to such reference as they
apply to a reference under section 12.
After the amount of compecsation has been determined, the prescribed authority shall tender
payment of the compensation to the persons entitled thereto
and
shall pay it to them.
land
was
arid
a1is
the
an(
san
ab:
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%AMIL NADU
-
GOVERNME~T GAZE^ M T R A O R ~ 69
~A~~
.-..
Provided further that 110 person who has received the amount
otherwise than upder protest
- shall. be entitled
-to make any application
under section 12 :
I
and shall
as aforesaid ;
(b) the costs of the orders for the payment of the interest or
other proceeds of the securities apon which such nloney$ 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
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1
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'Y
71
le
;h
0T
he
ns
18)
ng
:e,
he
.D
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_---.--
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
$$jrffl ---:-at.
Bwvey
Cl~nijicationof 'lands.
'72
3unwer.
in
acres.
n~mucr.
','&+~U
"5
.
97
Wet
.9
109-1
Dry
..
10
109-2
Dry
..
ill ..109-3
Dry
12
Dry
'
109-3
posses$ion.
..
..
2nd January
1978.
2nd January
1978.
..
2nd January
1978.
46-2
,14
Dry
.. ..
4.90
Dry
.. ..
0.78
,,
5
15
462
26th August
1977.
62-1
,Dry
17
662
Dry
18
64-1
Rocky
'16
..
0.30
...
0,3Q
vat
0.03
25th April
1978.
1 st Febrlrary
1978.
ZZnd January
1978.
22nd January
1978.
22nd January
1978,
22nd January
1978,
LatestLaws.com
73
J
2b
--
ust
Clas$$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.
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..