Amendment status not verified — confirm the current text below against the official source.
(1) Where the Authority thinks that in the advMcl of interest of public it is necessary to undertake forth- Deveiop- w ith any of the works included in a scheme for a mem sei.e- p ^ j^ pU1pose, the Authority shall make an appli- " cation to the State Government that the land requi red for the scheme shall vest in the Authority (2) The State Government may, if satisfied that it is urgently necessary in the public interest to em power the Authority to enter on such land for the purpose of executing any of such work, direct the Authority by notification io take possession of the land. ■3) The Authority shall then give a notice in the prescribed manner to the person interested in the land, the possession of which is to be taken requiring him to give possession of the land to the Authv ritv or any person authorised by if in this behalf within a period of One month from the date of Service of the notice- and if no possession is delivered within the period specified in the notice, the Authority shall take possession of the land. Such land shall thereupon, notwithstanding anything contained in this Act, vest absolutely in the Autho rity free from all encumbrances. o8enforce 46- (1) If the Authority is opposed or obstructed in delivery to taking possession of the land under Section 45, it ofSSiand.n shall apply to the District Magistrate of the dis trict, with whose jurisdiction the land is situated, to enforce the delivery of the possession of the land to the Authority, the District Magistrate, shall take or cause to be taken such steps and use or cause to be used such force as may be reasonably nece ssary for securing the delivery of possession of the land to the Authority. (2) For the avoidance of doubt, it is hereby declared that the power to take steps under sub section (1) includes the power to enter upon any land or other property whatsoever. SnnPidSai 47.(11 Subject to the provisions of sub-section msnt oi into- (2), wherever possession of the land is taken by re<u the Authority under Section 45 or section 46 there shall be paid compensation the amount of which shall be determined by the Collector. In determi ning the amount to compensation, the Collector shall take into consideration the market value of the land for a period of five years preceding the date of issue of the notice under sub-section (3) of Section 45, and the amount of compensation payable shall be on the basis of the average mar ket value so arrived *t : Provided that the compensation for any buil ding standing on such land, shall be payable at the market value of the building on the date of issue of the notice under sub-section (3) of Section 45, (2) In the case of land with respect to which any settlement has been made tor special cultivation or which is included in any grant, if such land is lying fallow or uncultivated or is not utilised tor the purpose for which the grant or settlement was made or for the purposes incidential thereto, than the conipen-ation pavable fir acquisition of such land together with trees if anv, standing on it shall. THE ASSAM GAZETTE, EXTRA-ORDINARY, NOV. 14, 1987 927 be an amount equal to ten times the annual land revenue which, on the date of issue of notice refer red to in sub-section (3) of Section 45, is or would have been payable if such land is or had been assessable to revenue at full rates : Provided that where any amount was origi nally paid to Government by the grantee as price or premium for the land, ar additional amount equal to the amount originally paid by the grantee shall also be payable. Explanation:—‘‘Special cultivation” means cul tivation which involves, either owing to the nature of the crop or owing to .he proces of cultivation, a much larger expenditure of capital per acre than is incurred by most of ti c cultivators in the State, and includes cultivation of tea- (3) When the compensation has been determi ned under sub-section (1) or sub-section (2), the Collector shall make an award in accordance with the principles set out in Section 11 of the land Acqui sition Act, 1894 (Act I of 1894), but no amount referred to in sub-section (2) of Section 23 of that Act shall be included in the award- (4) Where any person aggrieved by an award made under sub-section (2) makes an application requiring the matter to be referred to the Court, the Collector shall refer the matter to the decision of the Court. (5) Where possession of the land is tak. n by the Authority under Section 45 or Section 46, the person interested in such land shall be entitled to interest at the rate of 12 percent per an: uni on the amount of compensation payable to him under this section in respect of the said lard from the date on which s cli possession is taken till date on which the amount of compelisaioti is paid to him by the Authority. Expln-ipthsa: — ti'‘‘Coll; cior", ” and * -ii xi ‘per son interested'’ have (he sum. meaning as in the I.an Acquisition Act. 1894 (Act 1 of 189-! ; (ii) Land for the purpose-of this Act included trees, build tigs and standing crops on it, and casement. 928 TH E ASSAM G A Z E T T E , E X T R A -O R D IN A R Y , N O V .1 4 ,1 9 8 7 Power of