Act 2013 - Department of Land Resources

32 THE CAZETTE OF INDIA EXTRAORDINARY [P.rru II-Completion ol'acquisition notcompulsory.butcomp€nsationto b€ awardedwhen notcompleted.Acquisition ofpart of houseo. building.Acquisition ofland at cost ofa localauthority orRequiringBody.the officer therein mentioned, and, in the case of any other notice, by order of theCollector.(2) Whenever it may be practicable' the service of the notice shall be made on theperson therein named.(3) When such person cannot be found, the service may be made on any adult memberofhis iamily residing with him; and, ifno such adultmembercan be found, the notice may beserved by dxing the copy on the outer door ofthe house in which the person therein namedordinarily d*eiis or canies on business, or by fixing a copy thereof in some conspicuousplace in ihe office ofthe officer aforesaid or ofthe Collector or in the court-house' and alsoin some conspicuous part ofthe land to be acquired:Provided that. ifthe Collector or Judge shall so direct, a notice may be sent by post' ina letter addressed to the person named therein at his last known residence' address or placeofbusiness and also publish the same in at least two national daily newspapers and also onhis website.93. (/) The appropriate Govemment shallbe at liberty towithdrawfrom the acquisitionof any land of which possession has not been taken'(2) Whenever the approPriate Govemment withdraws from any such acquisition' thecollector shall determine the amount ofcompensation due for the damage suffered by theo*ner in "onsequ"nceof the notice or of any proceedings thereunder' and shall pay suchamount to the person interested, together with all costs reasonably incuned by him in theprosecution of the proceedings under this Act relating to the said land'94. (,1) The provisions ofthis Act shall not be put in force for the purpose ofacquiringa pa.t onti ofary'house, manufactory or other building, ifthe owner desires that the wholeoisuch house, manufactory or building shall be so acquired:Provided that, ifany question shall arise as to whether any land proposed to be takenunder this Act does or doei not form part of a house, manufactory or building within therneaning ofthis section, the Collector shall refer the determination ofsuch question to theauit o.i',v .on""*"d and shall not be taken Possession ofsuch land until after the questionhas been determined(2) ln deciding on such a reference made under the proviso to sub-section (/)' theAuthority concerneJ shall have regard to the question whether.the land proposed to betaken. is reasonably required for the full and unimpaired use ofthe house' manufactory orbuilding.(3) tf, in the case ofany claim under this Act, by a person interested' on account ofthesevering oithe land to be aiquired fiom his other land, the appropriate Government is ofopiniorithat the claim is unreasonable or excessive. it may' at any time before the Collectorhas made his award, order lhe acquisiiion of the whole of the land ofwhich the land firstsought to be acquired forms a Pan(.1) tn the case ofany acquisition ofland so required no fresh declaration or otherpro.".ding, under sections I I to 19, (both inclusive) shall be necessary; but the Collectorshall rvithout delay fumish a copy ofthe order ofthe appropriate Govemment to the personinterested. and shall thereafter proceed to make his award under section 23'95, (,1) Where the provisions ofthis Act are put in force for the purpose ofacquiringland at the cost of any fund controlled or managed by a local authority or of any RequiringeoJy. tt " "tturg",oiland incidental to such acquisition shall be defrayed liom or by suchfund or Requiring BodY.(2) ln any proceeding held before a Collector or Authority concemed in such cases thetocatuutitority oi n"quiring-Botly concemed may appearand adduce evidence forthe purposeof determining the amount ofcompensation:t