Report No. 10

Section IV-Native States

The Land Acquisition Act, 1070 (II of 1070) as amended by Acts IV of 1074, I of 1109, I of 1111, XXX of 1112 and Proclamation V of 1112

The Cochin Act (II of 1070), amended as above has effected the least possible change in the Land Acquisition Act, 1894.

In section 3(c), instead of the expression "Collector", the expression Peishkar (who takes the Place of the Collector) is defined. Clause (ee) in section 3 defining appropriate government is omitted but the expression "Diwan" is substituted for the expression "appropriate Government" wherever it occurs in the Act.

In sub-section (2) of section 10, the corresponding sections (161 and 162) of the Cochin Penal Code are substituted for sections 175 and 176 of the Indian Penal Code.

In the section dealing with reference to the Court at the instance of the person interested who does not accept the award of the Collector, an addition has been made in the Cochin Act enabling the Diwan to ask for a reference, if he desires. The addition at the end of sub-section (1) of the relevant section reads thus :

"The Diwan likewise may, if he has not accepted the award, require that the matter be referred to the Court by the Peishkar."

An important Proviso is added to clause first of section 23(1) of the Land Acquisition Act, 1894 which reads as follows:

"Provided that the valuation should be such that the value of the land plus the value of improvements thereon must not exceed the market value of the property in question and provided further that the value to be awarded should be the prevailing market rate irrespective of the price paid for previous acquisition";

In the section corresponding to section 27 of the Land Acquisition Act, 1894, the existing sub-section (1) is reproduced as sub-section (2), while the existing sub-section (2) of the Indian Act of 1894 is missing. The reason for the omission, if it is deliberate, is not apparent. The omitted sub-section reads thus:

"When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs."

Again, in section 31 dealing with the payment of compensation or deposit in Court, in sub-section (2) after the three provisos, a new sub-section has been introduced which reads as follows:

"When the Diwan requires the Peishkar to make a reference under section 17, it shall be competent to him to demand security from the person claiming the amount awarded and to withhold payment until such security is furnished." Section 53 of the Cochin Act which corresponds to section 54 of the Land Acquisition Act, 1894 provides for an appeal to the Chief Court from an award.

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