Bare ActsThe Kerala Land Acquisition Act, 1961 (No.21 of 1962)

Section 1952

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

‘7: \ 'i I IN (5) ‘ Cour t’ means a Land Acquisition Court established, or any eivil couit invested with the jurisdiction ofa Land Acquismon Court, under section 58; (6) ‘ Government’ means, in relation to the acquisnion of land for the purposes of the Union, the Central Government, and, In relation to the achisition of land for any other purposes, the State Government , (7) the following persons shall be deemed ‘persons entitled to act ‘ as and to the extent hereinafter pi ovided, that is to say— (a) trustees for other persons benefiCially interested shall be deemed to be the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted, if free from disability ; and (b) the guardians of minors and the managers of lunatlcs oi- idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability,could have acted : Provrdcd that— (1) no person shall be deemed ‘ entitled to act ’ whose interest in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act ; (ti) in every such case the person interested may appear by a next friend, or, in default of his appearance bya next friend, the Collector or Court, as the case may he, shall appoint a guardian for the case to act on his hehalfin the conduct thereof; (in) the provisions of Order XXXII of the First Schedule to the Code of Civil Procedure, 1908, shall multili: mutandii, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case in proceedings under this Act; and (in) no person ‘ entitled to act ’ shall be competent to receive the compensation money, payable to the person for whom he is entitled to act, unless he would have been Competent to alienate the land and receive and give a good discharge for the purchase-money on a voluntary sale. Part II ACQUISITION Pneuninnv Invesrion'rion 3i Publllflliml (y'fiwlimmmy nolzftmlmn and power: of Jim: there- u/wn.-(l) Whenever it appears to the Government or to the Collector that land In any locality within the State of Kcrala or within the juris- diction of the Collector, as the case may be, is needed or is likely to he needed for any public purpose, a notification to that effect shall be published In the Ga7etle, and the CollectOi shall cause public notice of the substance of such notification to be given at convenient places in the said locality. . l28 (2) Thcrcupon, rt shall he lanful for any olficer erther'gcnerally or specially authorised b) the Government or the Collector turd for his servants and workmen,— (a) to enter upon and survey and take levels of any land in such locality , (b) to dig or horc mm the sub-sari , (c) to set out the boundaries ofthe land proposed to be taken and the rrrtcndcd line of the \mrk. rl'any, proposed to be made thereon, (d) to mark such levels, boundar res and line by placing marks and cutting trenches ; (e) \\ here other u rse the survey cannot be completed and the levels taken and the boundaries and hue marked to cut down and clear away any part of an) standing crop. fence orjungle : and (f) to do all other acts necessary to ascertarn whether the land is adapted for such purpose ; Provided that no person shall enter rnto any buildrng or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without pewiously giving such occupier at least seven days, notice in writing of hrs intention to do so.

Section 1952 – The Kerala Land Acquisition Act, 1961 (No.21 of 1962) | DailyLaw.ai