Amendment status not verified — confirm the current text below against the official source.
Inserted vide Nagaland Act 8 of 1969 Published in Nagaland Gazette No.7 Extraordinary, dated 22-4-1969. Notice to person interested. – 7. (1) After the publication of a notice under sub- section (1) of section 6 of the Collector shall cause public notice to be given at convenient places on or near the land to be taken starting that the State Government has acquired the land, and that claims to compensation for all interests in such land may be made to him. (2) Such notice shall state the particulars of the land so acquired, and shall require all persons interested in the land to appear personally or by duly authorized agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claim to compensation for such interests. The Collector may in any case require such statement to be made in writing and signed by the party or his agent. Release from requisition. – 8. (1) Where any land requisitioned under section 3 is not required and is to be released from requisition, it will revert to the owner and the Collector will deliver possession of the land to such owner or person interested who was recognized under sub-section (3) of section 2 in as good a condition as the land was when possession thereof was taken subject only to the changes caused by reasonable wear and tear and irresistible force. (2) The delivery of possession of such land to the person specified in the order made under sub-section (1) shall be a full discharge of any liability of the State Government to deliver possession to such person as may have rightful claim to possession thereof but shall not prejudice any right in respect of such land which any other person any be entitled by due process of law to enforce against the person to whom possession of the land is so delivered. (3) Where person to whom the possession of any land requisitioned under section 3 is to be delivered cannot be found or is not readily traceable or has no agent or other person empowered to accept delivery on his behalf the State Government shall publish in the Official Gazette a notice declaring that such land is released from requisition and shall cause a copy thereof to be affixed on some conspicuous part of such land. (4) When a notice referred to in sub-section (3) is published in the Official Gazette, the land specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof; and the State Government shall not be liable for any compensation or other claims in respect of such land for any period after the said date. Speedy acquisition of land in certain case. – 9. (1) Notwithstanding anything contained hereinbefore, it in the opinion of the State Government or the Collector it is necessary or expedient to acquire speedily any land for public works [****] including any of the objects mentioned in sub-section (1) of section 3, the State Government or the Collector by order in writing acquire the land stating the area and boundaries thereof. (2) The Collector shall cause the order passed under sub-section (1) to be served in such manner as may be prescribed on the owner of the land and also the tenant or the occupant in cases where it is not in occupation of the land and also a notice to the same effect stating that claims to compensation for all interests in the land may be made to him within such time as may be prescribed: Provided that when the person to be so served is not readily traceable or the ownership of the land is in dispute, the Collector shall cause the above order and notice to be published in such manner as may be prescribed. Vesting and taking possession of land acquired under section. – 9. – 10. When an order of acquisition is served or published under sub-section (2) of section 9, land shall vest absolutely in the State Government free from all encumbrances on the date the order is so served or published. (2) The Collector may, at any time after the land becomes so vested, proceed to take possession thereof. (3) On such vesting the order passed under sub-section (1) of section 9 shall be published in the Official Gazette in the manner prescribed. Compensation. – 11. (1) Subject to the provision of sub-section (2) whenever any land is acquired under section 6 or section 9 there shall be paid compensation the amount of which shall be determined by the Collector, in determining the amount of compensation the Collector shall take into consideration the market value of the land for a period of five years preceding the date of publication of the notice under sub-section (1) of section 6 where the land is acquired under the said section and where the land is acquired under section 9 from the date of passing the order under __________________________________________________________________________ __________________________________________________________________________ ___________________________________________________________ * Words “or other development measures” deleted vide Nagaland Act No.8 of 1969 w.e.f. 22.4.69 sub-section (1) of the said section, and the amount of compensation payable shall be on the basis of the average market value so arrived at: Provided that where any building is acquired under section 6, the compensation shall be payable at the market value of the building on the date of publication of the notice under sub-section (1) thereof: “[Provided further that in addition to the market value of the land or building, as above provided, the Collector shall in every case award a sum 15% of such market value, in consideration of the compulsory nature of the acquisition]1” (2) When the compensation has been determined under sub-section (1), the Collector shall make and award in accordance with the principles set out in section 11 of the Land Acquisition Act, 1894 [Act 1 of 1894] [* * * * * *] (3) Where any land is requisitioned under section 3, there shall be paid to every person interested such compensation as may be agreed upon in writing between such person and the Collector or in the absence of agreement, reasonable compensation in respect of- (a) the requisition of such land; and (b) the damage done during the period of requisition of such land other than what may have been sustained by reasonable wear and tear and irresistible force: Provided that in determining the amount of compensation whether in the case of agreement of otherwise, such amount shall not exceed the rent payable at the prevailing market rate as may be determined by the Collector. Reference to Court. – 12. (1) The Collector shall in every case – (a) where only person aggrieved by an award made under sub-section (2) of section 11 make an application requiring the matter to be referred to the Court; (b) where there is any disagreement with regard to the compensation payable under sub-section (3) of section 11 on the application of the person entitled to compensation requiring the matter to be referred to the Court; refer the matter to the decision of the Court.