10Special provision to safeguard food security

(1) Save as otherwise provided in sub-section (2), no irrigated multi-cropped land shall be acquired under this Act.

(2) Such land may be acquired subject to the condition that it is being done under exceptional circumstances, as a demonstrable last resort, where the acquisition of the land referred to in subsection (1) shall, in aggregate for all projects in a district or State, in no case exceed such limits as may be notified by the appropriate Government considering the relevant State specific factors and circumstances.

(3) Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalent area of culturable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of the land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing food-security.

(4) In a case not falling under sub-section (1), the acquisition of the agricultural land in aggregate for all projects in a district or State, shall in no case exceed such limits of the total net sown area of that district or State, as may be notified by the appropriate Government:

Provided that the provisions of this section shall not apply in the case of projects that are linear in nature such as those relating to railways, highways, major district roads, irrigation canals, power lines and the like.

STATE AMENDMENTS

Andhra Pradesh

After Chapter III, the following Chapter shall be inserted, namely: ---

"CHAPTER III A

PROVISIONS OF CHAPTER II AND CHAPTER HI NOT TO APPLY TO CERTAIN PROJECTS

10A. Power of State Government to exempt certain projects:---The State Government may, in the public interest, by notification in the Andhra Pradesh Gazette, exempt any of the following projects from the application of the provisions of Chapter II and Chapter III of this Act, namely:--

(a) such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production.

(b) rural infrastructure including electrification;

(c) affordable housing and housing for the poor people;

(d) industrial corridors set up by the State Government and its undertakings (in which case the land shall be acquired up to one kilometer on both sides of designated railway lines or roads for such industrial corridor); and

(e) infrastructure projects, including projects under public-private partnership where the ownership of the land continues to vest with the Government:

Provided that the State Government shall, before the issue of notification, ensure the extent of land for the proposed acquisition keeping in view the minimum land required for such project."

[Vide Andhra Pradesh Act 22 of 2018, sec. 3 (w.e.f. 1-1-2014).]

Maharashtra

After section 10 of the principal Act, the following section shall be inserted, namely:--

"10A. Power of State Government to exempt certain projects

The State Government may, in the public interest, by notification in the Official Gazette, exempt any of the following projects from the application of the provisions of Chapter II and Chapter III of this Act, namely :---

(a) such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production ;

(b) rural infrastructure including irrigation and electrification;

(c) affordable housing and housing for the poor people ;

(d) industrial area or industrial estate set up by the State Government and its undertaking ;

(e) industrial corridor set up by the State Government and its undertaking (in which case the land shall be acquired up to one kilometre on both sides of designated railway line or roads for such industrial corridor) ; and

(f) infrastructure projects including projects under public-private partnership where the ownership of land continues to vest with the Government:

Provided that, the State Government shall, before issue of notification, ensure the extent of land for the proposed acquisition keeping in view the bare minimum land required for such project.]

[Vide Maharashtra Act 37 of 2018, sec. 3 (w.e.f. 26-4-2018).]