The Maharashtra Land Acquisition Officers Proceedings Validation Act.

1949 : XXXV]   1 
 THE MAHARASHTRA LAND ACQUISITION OFFICERS  
PROCEEDINGS VALIDATION ACT 
[Text as on 4th April 2024] 
—————— 
CONTENTS 
PREAMBLE. 
SECTIONS. 
 1.  Short title and extent.  
 2.  Definitions.  
 3.  Validation of notices, awards, proceedings, etc. under the Land Acquisition Act, 1894.  
 4.  Validity of notices, awards, proceedings, etc., relating to acquisition not to be questioned 
and bar of suits and proceedings.  
 5.  Application of sections 2 to 4 to pending suits and proceedings.  
 6.  Insertion of new section 52A in Act I of 1894.  
       
   
2  The Maharashtra Land Acquisition Officers [1949 : XXXV 
Proceedings Validation Act 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1949 : XXXV] The Maharashtra Land Acquisition Officers  3 
Proceedings Validation Act 
 
LIST OF AMENDMENT ACTS 
1. Amended by Mah.  24 of 2012 (22-8-2012) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 
4  The Maharashtra Land Acquisition Officers [1949 : XXXV 
Proceedings Validation Act 
 
 
  
 
 
 
  
1949 : XXXV] The Maharashtra Land Acquisition Officers  5 
Proceedings Validation Act 
 
ACT No. XXXV OF 19491 
[THE MAHARASHTRA LAND ACQUISITION OFFICERS  
PROCEEDINGS VALIDATION ACT.]  
[This Act received the assent of the Governor on the 8th October 1949; assent was first published  
in the Bombay Government Gazette, Part IV, on the 14th October 1949.] 
An Act to remove certain doubts and to establish the validity of certain  
         proceedings taken for acquisition of lands in the Province of Bombay. 
WHEREAS the Provincial Government had declared certain lands in the Province of Bombay to 
be needed for public purposes and for the purposes of certain companies under the provisions of the 
Land Acquisition Act, 1894 (I of 1894) ;  
AND WHEREAS the Provincial Government had appointed certain officers under clause ( c) of 
section 3 of the said Act to perform the functions of the Collector and had directed certain officers 
under section 7 of the said Act to take order for the acquisition of the said lands under the said Act ;  
AND WHEREAS certain officers other than tho se who were so appointed or directed took 
proceedings under the said Act in respect of the acquisition of some of the said lands, instead of the 
officers appointed or directed ;  
AND WHEREAS doubts have been raised as to the validity of the proceedings taken by the 
officers who were not duly appointed or directed ;  
AND WHEREAS it is expedient to remove the said doubts and to validate the proceedings taken 
and acts done by the said officers ;  
AND WHEREAS it is also expedient to provide that any proceedings which may hereafter be 
taken for the acquisition of lands under the said Act shall not be invalid only on the ground that the 
proceedings are taken by officers other than those w ho were appointed or directed to take the said 
proceedings; It is hereby enacted as follows:—  
1.  Short title and extent. — (1) This Act may be called the 2[Maharashtra Land Acquisition 
Officers Proceedings Validation Act].  
(2) It extends to the whole of the Province of Bombay.  
2.  Definitions.— In this Act, unless there is anything repugnant in the subject or context,—  
(a) “said Act” means the Land Acquisition Act, 1894 (I of 1894) ;  
(b) “said date” means the date on which this Act comes into force ;  
(c) “said lands” means the lands which before the said date were declared by the Provincial 
Government under section 6 of the said Act as being needed for a public purpose or for the 
purposes of a company and any proceedings for the acquisition of which we re taken by officers 
who were not duly appointed or directed to take such proceedings ;  
(d) “Special Officers” means officers who took proceedings for the acquisition of the said 
lands but who were not duly appointed as the Collectors under clause ( c) of section 3 or were not 
directed to take order for their acquisition under section 7 of the said Act.  
3.  Validation of notices, awards, proceedings, etc.  under the Land Acquisition Act, 
1894.— Notwithstanding anything contained in the said Act, —  
                                                   
1  For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Extraordinary, Part V, page 258. 
2  The short title was amended by Mah. 24 of 2012, Schedule, entry 39, w.e.f. 1-5-1960. 
 
6  The Maharashtra Land Acquisition Officers [1949 : XXXV 
Proceedings Validation Act 
 
(1) ( a) all notices given, inquiries held, disputes decided, orders taken or made, awards 
made and all acts done before the said date by the Special Officers purporting to act as the 
Collectors under the said Act, in respect of the said lands ; 
(b) all declarations made by the Provincial Government under section 6 of the said Act in 
respect of the acquisition of the said lands as being needed for public purpose or for the purposes 
of a company before the said date ;  
(c) all agreements executed bef ore the said date by companies in respect of any of the said 
lands, declared to be needed for their purposes ; and  
(d) all other proceedings taken by the Special Officers for the acquisition of the said lands 
before the said date, including the proceeding s for taking the possession of any of the said lands 
in pursuance of the provisions of the said Act,  
shall be deemed to be and always to have been validly given, held, decided, taken, made, 
done or executed, as the case may be, and any of the said lands, the possession of which has been 
so taken, shall be and always to have been vested in the Crown, under the said Act ; and  
(2) it shall be lawful for the Special Officers, or any other officers who may be duly 
appointed or directed by the Provincial Government under the said Act, to take such proceedings, 
to take or make such orders, to make such awards or to do such other acts as may be necessary for 
the completion of the acquisition of the said lands under the said Act or any other law for the time 
being in force.  
4.  Validity of notices, awards, proceedings, etc., relating to acquisition not to be questioned 
and bar of suits and proceedings. — (1) The validity of any notice, inquiry, dispute, order, award or 
declaration and any proceeding including the pr oceeding for taking possession of the said lands given, 
held, decided, taken or made, or purporting to have been given, held, decided, taken or made, as the 
case may be, in connection with the acquisition of the said lands under the said Act shall not be c alled 
in question ; and  
(2) No Court shall have jurisdiction to entertain or try any suit or legal proceeding against the 
Provincial Government or against any of the Special Officers or any other officers of the Provincial 
Government, acting or purporting  to act under the said Act in connection with the acquisition of the 
said lands, only on the ground that the proceedings for such acquisition were illegal or irregular by 
reason of the fact that any of the Special Officers was not duly appointed to perform  the functions of a 
Collector under clause (c) of section 3, or was not duly directed to take order for the acquisition under 
section 7 of the said Act.  
5.  Application of sections 2 to 4 to pending suits and proceedings. — The provisions of 
sections 2 to 4 (both inclusive) shall apply, notwithstanding the pendency of any suit or other 
proceeding in any Court, either in a Court of first instance or in a Court of appeal, on the said date.  
6.  Insertion of new section 52A in Act I of 1894. — After section 52 of the Land Acquisition 
Act, 1894  (I of 1894) , in its application to the Province of Bombay, the following section shall be 
inserted, namely:—  
 “52A. Delegation.— Notwithstanding anything contained in the foregoing provisions, a 
Collector may, subject to the general or special orders of the Provincial Government, delegate any 
of his powers or functions under this Act to any officer not below the rank of a Mamlatdar or to a 
Land Acquisition Officer specially appointed by the Provincial Government in this behalf.”. 

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