Bare ActsThe Land Acquisition (Goa, Daman and Diu Amendment) Act, 1980

Section 2

Amendment of section 17

Amendment status not verified — confirm the current text below against the official source.

Amendment of section 17.— In section 17 of the Land Acquisition Act, 1894 (Central Act 1 of 1894),— (a) in sub-section (1), omit the words “waste or arable”; (b) in sub-section (4), for the words “In the case of any land to which” substitute the words “In case where”. 2[“Amendment of section 41.— In section 41 of the Land Acquisition Act, 1894 ( Central Act 1 of 1894) , as in force in the State of Goa , after clause(5) , the following shall be inserted, namely :- 1 Inserted Section 3-A & 3-B by Act No. 12 of 1998. 2 clauses inserted in section 41 by Act No. 7 of 2009. – 4 – “(6) Notwithstanding anything contained in any judgement, decree or an order of any Court Tribunal or any other authority, any development done or construction undertaken in pursuance of the agreement entered under this section between the Government and the Company on the basis of the statutory approvals like permissions granted by the Planning and Development Authority, Eco-Development Council, Goa Coastal Zone Management Authority, Municipal Council, Panchayat, including renewals and deviations thereof approved and regularized, and all permissions obtained by the company and all the buildings constructed by the Company and all the proceedings taken by the competent authorities to issue the license or permission for undertaking construction, shall be deemed to have been validly done and have always been undertaken in accordance with the said agreement. (7) Notwithstanding anything contained in any judgement, decree, or order of any Court Tribunal or any other authority the appropriate Government shall be at liberty to modify agreement executed under this section between the Government and the Company on mutually agreed terms in furtherance of the purpose for which the land was acquired, by publication of the modified agreement in the Official Gazette, and any such modifications made in the agreement, shall come into force from the date on which the original agreement with the Company was executed under this section and any action taken or things done under the modified agreement, shall, for all purposes, be deemed and to have always been done or taken in accordance with the original agreement. (8) Notwithstanding anything contained in any judgement, decree or order of any Court Tribunal or any other authority, if, in any agreement entered into between the Government and the Company, there be any clause prohibiting the Company to construat any building or structure in the acquired land, such clause shall deemed to have been deleted with retrospective effect from 15-10-1964. (9) No suit or other proceeding shall be instituted, maintained or continued in any Court or before any Tribunal or other authority for cancellation of such permission or for demolition of buildings which were constructed after obtaining the permissions from the Statutory Authorities and have been validated under this section, or for questioning the validity of any action taken or things done or permission granted in pursuance of the original agreement as modified and no Court shall enforce or recognize any decree, judgement or order declaring any such action taken or things done under the original agreement as modified, as invalid or unlawful.”

Section 2 – The Land Acquisition (Goa, Daman and Diu Amendment) Act, 1980 | DailyLaw.ai