Report No. 10

The Land Acquisition (Bihar Amendment) Act, 1951 (XVII of 1951) as amended by Acts XXI of 1956 and XXXIV of 1956

The Bihar Act (XVII of 1951) amends sections 17 and 35 by adding the following proviso to sub-section (1) of the said sections.

"Explanation.-This sub-section shall apply to any waste or arable land, notwithstanding the existence thereon forest, orchard or trees or temporary structure such as huts, pandals or sheds".

Further under sub-section (1) of section 17, power is given to take possession on the expiration of fifteen days from the publication of the declaration under section 6 instead of the notice mentioned in section 9(1). As a consequential change, in sub-section (2) also, the reference would be to 'declaration' and not 'notice'.

Note.- In effecting the amendment in sub-section (1) of section 17 stated above, it is laid down as follows:

(i) in sub-section (1) for the words, brackets and figures "notice mentioned in clause 9, sub-section (1)", the words and figures "declaration mentioned in section 6" shall be substituted; (Bihar Code, Vol. IV First Edition 1955; p. 823).

It may be pointed out that in sub-section (1) of section 17, the group of words sought to be replaced are "notice mentioned in section 9, sub-section 1". It may be a clerical or drafting error, as the same is found in the Bihar Gazette (6th June, 1951) also.

The Bihar Act (XXI of 1956) effects the following changes in the Land Acquisition Act, 1894:

The taking possession of any waste or arable land is made possible even after the stage of notification under section 4 with the consent of the person interested or after the direction mentioned in the newly inserted sub-section (5). Similar provision is made in section 17(2) also. This has been done by the insertion of the following provision in sub-sections (1) and (2) of section 17:

"declaration mentioned in section 6 or, with the consent in writing of the person interested, the publication of the notification under section 4, or, where a direction has been made under sub-section (5), at any time after such direction is made".

Sub-section (4) is modified in such a manner that in case of land to which sub-sections (1) and (2) apply, section 5A shall not apply if the State Government so directs or if possession has been taken with the consent of the person interested. The following is substituted for the existing sub-section:

"(4) In the case of any land to which, in the opinion of the appropriate Government the provisions of sub-section (1) or sub-section (2) are applicable, the provisions of section 5A shall not apply where the State Government so directs or where possession of the land has been taken with the consent of the person interested;"

A new sub-section (5) is also introduced:

"(5) Where the description of any particular land, which in the opinion of the appropriate Government is needed for any public purposes or for a company and to which the provisions of sub-section (1) or sub-section (2) are applicable, is available, it may direct that the provisions of section 4 shall not apply to the land." Section 34 dealing with the payment of interest is replaced by the following new section:

"34. Payment of interest-(1) When the amount of such compensation is not paid or deposited on or before taking possession, of the land the Collector shall pay or deposit interest thereon, at the rate of six per centum per annum from the time of so taking possession until the amount shall have been paid or deposited,

(2) Such interest shall be paid or deposited on or before the 30th June, every year; and when the amount of compensation is paid or deposited, any interest that may have fallen due subsequently shall be paid or deposited along with such amount;

Provided that, in the case of acquisition of any cultivable land, the Collector shall pay or deposit, in lieu of interest, the money value of the crops, if any, which would have been grown on the land, if the Collector had not taken possession thereof, after deducting therefrom the cost of cultivation.

(3) In determining the money value of the crops which would have been grown on the land referred to in the proviso to sub-section (2), the Collector shall take into consideration the crops grown on the lands of similar class and with similar advantages in the vicinity and the market value of such crops".

Regarding temporary occupation under section 35(1), the following proviso to section 35(1) enables the Collector to act even without any direction from the appropriate Government:

"Provided that, whenever it appears to the Collector that, on account of apprehended damage to life or property by erosion, the temporary occupation and use of such land are urgently needed for the purpose of rehabilitating displaced persons or needed by any Railway Administration for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing connection with or access to any such station, the Collector may, without any direction of the appropriate Government procure the occupation and use of the same for such term as he shall think fit, not exceeding three years from the commencement of such occupation."

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