Report No. 10

19. The Waste Land (Requisitioning and Utilization) Act, 1952 (IV of 1952), as amended by Act XXIX of 1954

This Act is intended to requisition waste land for certain public purposes with a view to better utilization thereof and other connected matters.

Under section 3, the Collector may, by notification in the Official Gazette, require persons interested to show cause as to why the land in question should not be requisitioned.

Section 4 enables the interested persons to petition to the Collector in response to the above notification within the specified time. They are also given the opportunity of being heard. If after inquiry and hearing, the Collector considers it necessary, he may issue the requisition order.

Section 6 provides for the arrangements to be made for better utilization of the requisitioned waste land. In respect of the said land anything ancillary or incidental to the full utilization may be done.

The sum payable under this section is not less than the compensation amount payable by the Collector under section 8.

Section 8 governs all matters relating to compensation.

Every person interested shall be entitled to compensation for so long as his interest subsists and not beyond the date of release under section 10. It shall be determined as follows:

As soon as may be, after taking of possession under section 5, the Collector shall determine.

(a) if it is occupied by tenant or lessee

(i) the annual rent and cases payable by the tenant for lessee for the land, and

(ii) the average net annual income derived from the land during three years immediately preceding the said date or if there is no such income, during the said period, 3 per cent. of the market value of the interest of the tenant or lessee in the land on the date of notification under section 3;

(b) if occupied by proprietor, the average annual income derived during three years immediately proceeding the date and where no such income is derived, a sum equivalent to 3 per cent of market value of such land on the date of notification.

(c) if occupied by any person other than tenant of lessee or proprietor, interested in the land, the average net annual compensation derived from such land by the person, in occupation during three years preceding the date and where no such income was derived a sum equivalent to 3 per cent of market value of such land on the date of notification.

The Collector shall order payment of compensation on each anniversary of the date of taking possession under section 5 for the duration referred earlier by the State Government to the respective persons mentioned in (a), (b) and (c) above.

Section 10 lays down that in no case shall the period of requisition of waste land exceed 20 year period. Subject to this, the Collector may keep the land under requisition for such period as to enable the person entrusted with the task of better utilization to recover any capita] or recurring expenditure incurred by him and also for reasonable margin of profit.

Section 11 enables the parties aggrieved by requisition order under section 4, or eviction order under section 7 or compensation order under section 8 to appeal to the prescribed authority whose order on appeal shall be final and cannot be challenged in a court of law.

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