Amendment status not verified — confirm the current text below against the official source.
Procedure when immovable property or easement can not be acquired by agreement.- (1) Whenever the Commissioner is unable under Section 78 to acquire by agreement any immovable property or any easement affecting any immovable property or whenever any immovable property or any easement affecting any immovable property vested in the Madhya Pradesh Municipal Corporation Act, 1956 42 | P a g e Corporation is required for the purposes of this Act, the Government may in its discretion upon the application of the Commissioner made with the approval of the Mayor-in-Council order proceedings to be taken for acquiring the same on behalf of the Corporation as if such property or easement were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894. (2) The amount of the compensation awarded and all other charges incurred in the acquisition of any such property or easement shall, subject to all other provisions of this Act, be forthwith paid by the Commissioner and thereupon the said property or easement shall vest in the Corporation. (3) When any land is required for a new street or for the widening or improving of an existing street, the Commissioner may proceed to acquire, in addition to the land to be occupied by the street, the land necessary for the sites of the building to be erected on both sides of the streets, and such land shall be deemed to be required for the purposes of this Act. 79-A. Decision of claims to property by or against Corporation- (1) Where any immovable property or any right in or over any such property is claimed by or on behalf of the Corporation or by any person as against the Corporation, it shall be lawful for the Collector after formal enquiry, of which due notice has been given, to pass an order deciding the claim. (2) The Corporation or any person aggrieved by an order passed by the Collector under sub- section (1) may, not withstanding anything contained in any law for the time being in force within one year from the date on which the Corporation or such person had due notice of such order institute a suit in any competent Civil Court to set aside such order to claim a relief consistent therewith. (3) If any such suit is instituted after the expiration of one year from the date on which the notice of such order has been given, such suit, shall be dismissed although limitation has not been set up as a defense. (4) the Collector may, by general or special order delegate the powers conferred on him under this Section to a Deputy Collector subordinate to him. (5) the formal enquiry referred to in this Section shall be conducted in accordance with the provisions of the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959). (6) A person shall be deemed to have had due notice of an enquiry or order under this section if notice thereof has been given in accordance with the provisions of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959).