Report No. 10

The Land Acquisition (Bombay Amendment) Act, 1938 (XVIII of 1938) as amended by Acts XX of 1945, IV of 1948, XXVII of 1950 and XXXV of 1953.

The Bombay Act (XVIII of 1938) amends sections 28 and 34 of the Land Acquisition Act, 1894 by reducing the rate of interest payable on compensation from six per centum per annum to four per centum.

The Bombay Act (XX of 1945) amends the Land Acquisition Act, 1894 by the insertion of a new Part IA enabling an officer of the Government to do all the things contemplated in section 4(2) even before the notification under section 4 and the payment of compensation for any damage done as provided in section 5 of the Land Acquisition Act, 1894. Also consequential changes are made in sections 45 and 46 dealing with service of notice and penalty in case of wilful obstruction.

The Bombay Act (IV of 1948) is intended to be in force only for a period of ten years. It brings within the scope of the Land Acquisition Act, 1894 the acquisition of land for the purpose of housing schemes. In sections 11 and 23(1) firstly, this amendment provides for the addition of "at the relevant date" after date of notification under section 4(1). The important change, however, is the omission of the 15% solatium provision in section 23(2). Further, it expressly states that section 23 shall not apply to any building.

The Bombay Act (XXVII of 1950) provides for the inclusion of a new clause after clause (a) of section 3 to the effect that "arable land" includes garden land.

The Bombay Act XXXV of 1953 amends the Land Acquisition Act, 1894. The following are the more important changes:

It provides that the expression "Court" shall include the Court of Civil Judge (Senior Division) to which the principal Civil Court may transfer any proceedings under the Act. In the definition of 'Public purpose' it provides for the acquisition of land for purposes of the development of areas from public revenues etc., and the subsequent disposal thereof by lease, assignment or sale with a view to securing further development.

It also provides that the Collector shall not make the award under section 11 without the prior approval of the State Government or any officer which the State Government may appoint in this behalf. It also adds a new section 12A which would enable the correction of clerical or arithmetical error in an award within a period of six months by the Collector either on his own initiative or on an application from the person interested. Also it seeks to enable the Collector to recover any overpayment made by him as if it were an arrear of land revenue. A new section 15A is added which empowers the State Government, before an award is made by the Collector under section 11, to call for and examine the record of any order passed by the Collector or of any enquiry or proceedings of the Collector for the purpose of satisfying itself about the legality of the order or the regularity of the proceedings. If may even annul or reverse the order, if necessary.

In section 17 dealing with cases of urgency, an addition has been made to cover damage to roads, rivers, channels or tanks by some unforeseen events. In the Part dealing with the temporary occupation of land, three new sub-sections are added after sub­section (1) of section 35. This would enable the State Government, before issuing a direction under sub-section (1) to require the Collector to submit a plan of the land and also an estimate of the compensation payable. The Collector then shall cause public notice of the substance of such requisition. Thereupon any officer authorised by the Collector may exercise the powers conferred under section 4(2). Such officer shall pay compensation at the time of his entry for all damage to be done and the decision of the Collector on this point shall be final.

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