Power of State Government to acquire land

§17

Summary

17. 1[ (1) (a) Where the Competent Authority, on information received or otherwise in its possession, is satisfied that acquisition of any land or building or both in a slum area or in a clearance area is necessary for the purpose of executing any work of improvement in relation to any building or land or for carrying out order of demolition of building in that area or for the purpose of redevelopment of any clearance area or rehabilitation of residents of slum area, it may, by notification in the official Gazette, declare its intention to acquire such land or building or both. (b) The Competent Authority shall- (i) publish in two daily newspapers circulating in the locality, of which at least one shall be in the regional language, (ii) cause to be affixed at convenient places in the locality. (iii) send by registered post or otherwise, to all owners of, and other persons interested in, the land or building, whose names and addresses are known to, or can reasonably be ascertained by, the Competent Authority, a notice to show cause within such time as may be specified in the notice, why the land or building referred in such notice may not be acquired for the purposes of this Act. ] (2) Any objection filed in pursuance of the notice under subsection (1) shall, after affording reasonable opportunity of being heard to the objector, be disposed of by the Competent Authority in such manner as may be prescribed. (3) The Competent Authority shall thereupon, submit its recommendations, as to the land or buildings which are proposed to be acquired for the purposes of this Act, to the State Government for decision thereon. (4) Where, on receipt of the recommendation of the Competent Authority, the State Government decides that the acquisition of such land or building is necessary in public interest, for the purposes of this Act, it shall by publication in the official Gazette make a declaration to that effect. The publication of the declaration shall constitute sufficient notice to all persons concerned. (5) Upon the publication of the notification under sub-section (4) the land or building specified therein shall, with effect from the date of the publication, vest absolutely in the State Government free from all encumbrances.

17. 1[ (1) (a) Where the Competent Authority, on information received or otherwise in its possession, is satisfied that acquisition of any land or building or both in a slum area or in a clearance area is necessary for the purpose of executing any work of improvement in relation to any building or land or for carrying out order of demolition of building in that area or for the purpose of redevelopment of any clearance area or rehabilitation of residents of slum area, it may, by notification in the official Gazette, declare its intention to acquire such land or building or both. (b) The Competent Authority shall- (i) publish in two daily newspapers circulating in the locality, of which at least one shall be in the regional language, (ii) cause to be affixed at convenient places in the locality. (iii) send by registered post or otherwise, to all owners of, and other persons interested in, the land or building, whose names and addresses are known to, or can reasonably be ascertained by, the Competent Authority, a notice to show cause within such time as may be specified in the notice, why the land or building referred in such notice may not be acquired for the purposes of this Act. ] (2) Any objection filed in pursuance of the notice under subsection (1) shall, after affording reasonable opportunity of being heard to the objector, be disposed of by the Competent Authority in such manner as may be prescribed. (3) The Competent Authority shall thereupon, submit its recommendations, as to the land or buildings which are proposed to be acquired for the purposes of this Act, to the State Government for decision thereon. (4) Where, on receipt of the recommendation of the Competent Authority, the State Government decides that the acquisition of such land or building is necessary in public interest, for the purposes of this Act, it shall by publication in the official Gazette make a declaration to that effect. The publication of the declaration shall constitute sufficient notice to all persons concerned. (5) Upon the publication of the notification under sub-section (4) the land or building specified therein shall, with effect from the date of the publication, vest absolutely in the State Government free from all encumbrances.

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