37Acquisition of land by the landlord for certain purposes

(1) A landlord may apply to the collector to acquire for him land held by a tenant for any of the following purposes, namely,--

(a) for farming on improved lines; or

(b) for making any water-course, reservoir or tank for irrigation purposes; or

(c) for opening or working a lime-stone, kankar or other mineral quarry; or

(d) for undertaking, or allowing any other person to undertake, prospecting work to discover new sources of supply of mines and minerals; or

(e) for the proper working or developing of a mine or mining industry.

(2) The landlord shall, in case of an application under clause (a), and may, in case of an application under any other clause, file a list of his plots available in the same or in a neighbouring village, out of which the tenant may make a selection in exchange for the land applied for.

(3) On getting such application, the collector shall issue a proclamation calling upon persons who claim any interest in such land, either as proprietor or otherwise, to file objections, if any, within the period specified in the proclamation.

(4) If the collector is satisfied that reasonable grounds exist, he shall order the acquisition of the land applied for, or such part thereof as he deems fit settle the question of compensation in accordance with the provisions of sub-sections (5) and (7) and order the ejectment of the tenant from the land acquired.

(5) The collector, before passing an order of ejectment under sub-section (4), shall proceed as follows:--

(i) if an agreement, which in the opinion of the collector is not unfair is arrived at, he shall give effect to it; and

(ii) failing such agreement he shall--

(a) in case of an application under clause (a) of sub-section (1), give to the tenant an option to select plots included in the list and allot to him, out of the plots so selected, an area of land approximately equal in value to, and of the same quality as, the land acquired; and

(b) in case of an application under clause (b), (c), (d) or (e) of sub-section (1), give to the tenant an option to select plots included in the list, if one is filed under sub-section (2), and allot to him, out of the plots so selected, an area of land approximately equal in value to, and of the same quality as, the land acquired, but if the tenant claims monetary compensation only or if no list is filed under sub-section (2), the collector shall award to the tenant monetary compensation for his interest in such land; and

(c) to such extent as the land given in exchange under sub-clause (a) or (b) is not approximately equal in value and of the same quality, award monetary compensation to balance the advantages and disadvantages.

(6) If any land is allotted to the tenant under sub-section (5), he shall have the same right in such land as he had in the land from which he is ordered to be ejected.

(7) If as a result of an order of acquisition, the interest of any person, other than the tenant of the land to be acquired, is adversely affected, the collector shall award to such person monetary compensation for the loss suffered by such person in consequence of such order.

(8) After deciding the case, the collector shall submit the record for confirmation of the order passed by him to the Chief Commissioner.

(9) The amount of monetary compensation awarded under this section shall be recovered as arrears of revenue and paid to the person entitled.