LexThe Kelavarapalli Reservoir Scheme (Acquisition of Land) Act, 1987
Tamil Nadu · state statute
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The Kelavarapalli Reservoir Scheme (Acquisition of Land) Act, 1987
Act 10 of 1987
Keyword(s):
Court, Prescribed Authority, Scheduled Lands
. _ t r-.
4a.w mM#
Wrhe 0 75 Pals c
TAMIL NADU
GOVERNMENT. GAZETTE
EXTR AORDIh ARY sireurn~o BY WTHMITY
! b- Nro, 2341
*-S. M ADRAS, FR 1 DAY&.APRI L 10 I 27
zrs
ice PAN'GuN.I 21, A;TCWAYA, PH~*UVKkliGIWA:d A*WS~-2018
^___I_.C
I- ---- .. -.. ,. - ---- __ CS, r -- % --c
nrr
Part IV-Section 2
3 6
Td Ndlia Acte and it'
1 J 1
The following Act of the Tamil Nadu Legislative Assembly
01 11eccivcd the assent of the Preslident on nhe 8th April 1987 anct, is
re Iic~.eby published for general in fort~~t~tion. : --
le
o ACT No, 10 OF 1087
le
J'
11 THE KELAVARAPALLI RESERVOIR SCHEm
4' (ACQUISTTToN OF LAND) ACT, 1987.
R' .So< f io)~ $ : ;I rrangpment of sections.
U 1 Short title arid zomn~encemet~t
2 Declaration.
n 3 Definitions. - 3
t] 4 Schedulzd lands deemed to bave been validly taken posses-
sion of, acquired and vested in Government.
5 Right to reccivc compensation.
6 Amount of compensation.
7 M-atters to be considciied in determining compensation.
I, Matters $0 be ncglecttxl in determining compensation.
1V-2 EX. (234-1 1 57 ;
5
'
. * *. :*Jj*aa~. llafiadg4larj4 -9 fi;i rl(~$~afi~~q~~~~~@~
, ,
58 TAMIL NAU[J <;OVEKNMFN'I' GA%E'I"I'E EXI'IZAOI?I~IN/\It'r'
--I
- "I
- - --- .. . - . . . . _ __ . . _ . ..__ __ . .... - -. .- - . . ., -.
. _ '.. . , .
i :' .....
sections : Ar~*angemerz/ of sections. .-. --" .-...-*- . .......-., .. .- .. - .... ... ...-. - ." . . ". , , - ..- ., ., , , ".
: , - -.+--pe.-payme~~t -of. . wmpnsa't ion -pknding.: dc.tc~:rni.na~-~~.
! q . i: 10 Payment of interest.
12 , . . Reference to court. . .
, 13 statement of prescribed authority to court.
L 14 Service of notice.
15 Restrictions on scope of proceed~qg.
I . .
I 16 ~roceedini to be in open court.
I
I I! 17 Amount of cohpcnsation awarded by court not to be
I lower than amount determined by prescribed authority.
18 Form of awards.
19 Costs.
20 Prescribed authority may be 'directed Yo pay interest on
excess cornpensa t ion.
2 1 Redetermination of amount 00 conlpensation on basis of
award of court.
,Payment of compensation.
Investment of money deposited in respect of lands belonging
to persons incompetent to alienate.
Investment of money deposited in other cases.
Appeals in prcceedings before court.
Power of prebcribed authority in relation to determination
of compensation, stc.
Power to remove difficulties. 1
Repeal itnd saving.
THE SCHEDULE.
.An Acz to provide for the acquisitco~t ol cettniit latttf.~ [or the Kela-
varapalli Reservoir Scheme in the Hosrrr taluk of the Dharmtr-
purl district.
I
WHEREAS ur,der. Article 48 of the Constitution of India the State
shall endeavour lo organise agriculture on modern and scientific
lines ;
4ND 'WHEREAS in the interest d the general public and in order
that maxinlum possible advantage may result in the matter of agri-
cultural production and for bringing prosperity to the backward
I and droughtprorle areas, it has heen conqidered necessary, as a
I measure of agrariad reform to bring more lands under cultivation
AN C
tduk
csiim
~scali
incluc
' mode
tY? o
;I 11ti
(one
l1h;il.
ler
ri-
rcl
a
I1
Pi-
1
in the Dhasmapuri district by improving the irrigation system on
rnc;(lc~-n and scientific lines, in pursuance of the directive prindipk
cr1s11rillcd ill the said Article 48 oi thc Constitution ,of Inclia ;
AND iI;HEKEAS the Kelavarapalli Reservoir Scheme in the Hosur
taluk of the Dharnlapuri district was framed in the year 1977 at an
/ estimated cost d five hundred and fifty-one lakhs of rupees without
cscalatior~ cost and six hundred and fifty nine lakhs of rupees
includiilg cscalaliori cost so as to be a source of irrigation on
nioderrl and scientific lines to benefit a ndw area of three thousand
l\;o hur~drcd u;ld forty hectares (eight thousand acres) of dry land
2nd to stabilisc 2n c:.:ter.t cf fou~ hundred and thirty-eight hectares
(ow thousand and eighty-three acres) of existing wet ayacut in the
L>f~asmapuri district anci fur rapitlly inciustrialising the said district;
;4ND WHEREAS tile lands specified in the Schedule, amoilg other
lands were needed lor a public purpose, namely, the execution of
the Kelavarapaili Reservoir Scheme inc,bding the construction of
tl~c tlani and olhl;r work connected therewith ;
I AND WHERkAS thc possession of the lands specified in the Sc~~cdulc which were required for the speedy execution of the
Kelavarapalli Rscrvoir Scheme was .taken on behalf of the State
Govcrntncnt by ihc officers of the State Government and consi-
I cierable progress has been made in the execution of the said Scheme --- .- -- ---
/ as specified below :-
Physical progress. * ::* d
Earth Dan1 . . . . A~most completed.
2. Masonry Dam I . . 73.30 per cent.
Left Main Canal Exca-
vation . .
Left Main Canal Lia-
ing . . . .
Left Main Canal C.M.
works . . . .
Right Mail1 Canal Exca-
vation -. . . . .
Right 'Main Canal Lin-
ing' . . i
~jght iM:lin Cq;iiw1 C'.bl
Works . . . .
17.172 kilo metres out .of
30.50 kilo metres.
9.317 kilo metres out of
30.50 kilo metres.
37 numbers out of 118
numbers.
13.797 kilo metres out of
22.58 kilo metres.
10.228 kilo metres.:;-out of
22.58 kilo meY'r6s.
39 11u114bers out of 50
numtiers ;
.d2+ND WI-IEl'\EAS an amonot 'of three hundred and eleven lakhs of
'1.upccs has so Far been spent in thd execution of the said Scheme as
specified in dlc preceding paragraph ; .d
hgD WI-,mEAS thc remaining part of the said Scheme is yet to
be cppq~leted;
AND WHEREAS a dispute has been raised by certain persolls
'interested in some af- the sdhednled lands that possession of the said
'lands was ta'ken without Their consent ;
AND WHEREAS the execution of the Kelavarapau Reservoir
Sgheme as specified above was proceeded without any obstruction
by the' pcrsons interested in tlie scheduled lands till the 16th
Kovgmber $979 ; &A
,4ND WHEREAS aftcc taking posses.,;^;: (:f tllc ~cbctlulcd lands,
the land acquisition procecdillgs were initiated under the Land
Acquisilhn Act, 1894 (Central Act I of 1894) and notifications
under sub-section (2) of section 4 of the said Act in ree,pcct of motit
of the said lands have been published in the Tarnil Nadu Govern-
~tzcnt Gazette between the 23rd day of May 1979 and the 12th day
. .of September 1979 ;
.$N.D WHEREAS the land acquisition proceedings aforesaid haw
heea challenged by certain persons interested in some of the
~cheduled lands by way of a Writ Petition in Bhe Madras High!
Court and which is pending consideration before the said High
Court ; 4
8
AND wHER~~As it is not possible to return the scheduled lands
to the owners from whom thosel lands were taken as those lands
.have already been constructcd upon or otherwise utilised in the
execution of the said .Kelavarapa!li Reservoir Scheme ;
I c. ND U'M:E;REAS it is rcported that the compo~lent\ of the Scl~cmc
alread>y executed are deteriorating and the canal length already
I
completed are getting into disrepair on.ing to disuse :
AfiD 'WlELLAS tile State Go\lernrnent are of the opinion that
the very object of increasing agricultural production in and the
rapid jndustrialjsation of, the Dharmapuri district by: the execution
of the said 'Kelavarapalli Reservoir Scheme should rLd,t be defeated
and that public interests should 119t suffer ;
W3EW3AS reprwentations have been received from the
Members of Farliarcient and of the State Legislature and diher
) members of the public for tWreairly completion of the Ktrlavara-
pdUi Reservoir Schcme without fl~rfher ;rl~la17 -- -
--. ..-
AND "
tion fo
the sar
Act 'I I
BE .it
in the
4.
the 'K
I19fS"I.
day o
2.
c lfcct
down
In tlia.
3.
I requir
i
jurisdi
court,'
rest i~
under
Irtnil i
Schedt
and, t
thing
li
."
~AM~L &&ti cs\tilkMt&i$r -~dzBm W~.~&~~INARY 63 a
.. - -
AND %VH~BAS the Govzrnmm have decidqd to pay cornpa-
tion for rh.p acquisition of the scheduled lands as far .as possible in
the same manner as under the Land Acquisition Act, 1'894 (Central
Act .f df 1894) as amended qp 'to date ;
said
nds,
.and
ions
novt
em-
day
I1V6
the
Iig h!
iigh
lnds
nds
tl1c
hat
thc
:ion
ted'
the
her
;raw
\
I AND WHEREAS for perfecting the title of the State Government
in respect of the scheduled lands which were already taken posses-
sion of, it is condtkred expedient to 'take immediate action;
BE it iienaeil by the Legisbei~e Assembly of the State of Tamil Nadu
in the Thirty-eighth Year of the Republic: d India as follows :--:
'1. Sh.ort ~itle and commencement.--(I3 This Ad may be called
the Poavarapdli tesenroir Sebeene (Aquisition of -b~d) Act,
1987.
(2) 1% shall be deemed to have cope into force or1 thc 14th
day of February 1.987.
2. Declaration.-It is hereby declared that this Act is .for gividg
etfect to the policy of the State towards securing the principles laid
down clauses (b) and (c) of A~ticle 39 of the Constitution of
India.
3. Definitions.-la this Act, ' unlas the context otherwise
re~uires,-
(I ) " court " means! the isttbotdinats judge's u having
jurisdiction and if there is no subordinate judge's coux't, the district
court,' hzving juri@ictjon ;
(2) " Government " means the State Government ;
(3:: " person interested " includes aW \pel~l;?u claiming an inte-
aest in compensation to be made on account of the acquisition of land
under rbis Act; and a per.%n shall be deemed to be interested in
land if he is interested in an lea\semenC affm'ting the land j
(4) ''prescribed authority" means any authority or person
authorisect by the Government in this regard, by notification ;
(5) ~chsduled lands " means the lands .spzcifie1d in the
I Sched~ile to this Act and include$ benefits to arise out of such lands
and, things attached to the earth or permanenay fastened to any- -
Mtkfig attached to the ea~h.
I
4. Scheduled lands .deemed to haw been validly tukerl? po,\st~.s~;bn
of, acquired and vested in Government.-Notwithstanding anythidg
to the contrary contained in the Land Acquisition Act, 1894 (Central
Act I of 1894) or any other law for the time being in force or any
ssltl~~ncnt, grant, agi.c~~~lc~lt, usage, custonl or any tlccrcc or ordo1
oS a court or any 'L.ribuna1 or other author;ty, the schcdulcd lands
which have been tahen possession of by, or on behalf of, the
Government (whether with or without the consent of the persons
inderestedj shall be clecn~ecl, anti ,hall be deemed always to have
(a) validly taken , possession of and acquired for a public
purposc, namely, for ihc purposc of cxcc~uicn of the Kelavarapalli
Reservoir Scheme including the csnstructjon of the dain and other
work connected therewith ; and
(b) vested absoluieiy in the Govcmlnent frec S~um all
encumbranoes, on the respective dalc of lakilig pos~ession of the said
lands specified En columll (5) of the Schedulc ;lg;tjnst tho scheduled
land specified in the corresp>~~ding c~ltry in column (2) thereof.
5. Rig& :o rccm've cornpo~srr~inrr.-Every person having any
interest in the scheduled land shall bc entilletl ro receive and bs
paid compensation as hereinafter provided.
6. Amount of comper~,sarion.-(1) In respoct of the scheduled
lands acql~ired under this Act, there shall be paid compensation,
the amount of which shall be deteriniiied In the manner specified in,
and in accordance with the provisions of, this Act.
I
(2) The prescribed authority shall, as soon as may be after
, the publicatioil of this Act in the Tantil i\ladu Guverntnent Gazette,
cause public notice to bd'giten at convenient plalzcs 011 or near the
scheduled la~ld stating that claims to rzompensat ion For all interests
in such scheduled land may bc made to hiin.
(3) Such notice shall state thc particulars ol' the scheduled land
and shall require all persons intcrested ill the scheduled land to
appear ptrbcsnally or by agei-2: bcfore the prescribed author it,^ 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 nattlix of their resp :dive intcrcsts in thc schqduied -land and the
amount and particulars cf their claims to compensation for such'
interests. The prc':xrib,:Irt autharity may ill any caw require such
statement to be'macle in writing and signed by the party or his
agent.
(4) The prescribed' autliol-ity shall also serve notice to the
samc effect on all sucli persons known or believed to be interested
therein, 'or to be entitled to act for persons so interested, as reside
or Ilavt: agents autjhoris<d 1.2ccoi\~c set-1-lcc nil th~?;r bcha'f. cvi:hin
the Dharmapuri distr.ict.
has 1
c rlqrl
. [,ossc
9f th
"his h
t'or r:
t
I E,
in th
. public
t~llici
sect ic
of ar
. - -
-- -- -
TAMIL ~~ADU GOVERNMENT GAZETTE EXTRAORDINARY G3 - --- - _ - _ __
- (5) Jn case ally pcrson so intercs~ccl resides elsewhere, and
:has LO-such. agent. the noiice-shail bc rent to him by post in a letter
addressed to -him at his last Lalown residence, address or place of
I,wsjncss and rcgisterc:l unc1er.- irctims 36 2nd 29 of the Indian Post
Oficc Act, 1898 (Central Act V1 of 1598). I
(6) On the day so fixcd, or on any other day to which enquiry
has been adjourned, the prescribed authority shall proceed to
enquire into the value of the scheduled land on the d~:e of taking
; possession of the said scheduled land and into u~t, respective interests
+ ~f the persons claiming compensation and shall make an order under
*his 'hand of-
(i) the coi~lpenantioli ;:rt~ich in his opinion should be allowed
for thc scheduled land ; and
(ii) thc apportionment uF thc said compensation among all
the persons known or bedieved to be interested in the scheduled land,[
et' \.-horn, oi of +hose clair:~~, the prescri#cd autl~arity has inforrnc-
.tic:n \~~hetlie~- 01- not they l?..~vz res?ccti\lely appeared before him.
. (7) The order under sub-section (G) shall be .made within a
~~cr-ic:d of two years froni :!~c da'te of publication of this Act' in thk
Tomil Nadu Government Gazette. A copy of the said order shall
.be published in the Tamil Wadu Governnzent Gazette and shall also
. bc communicated to. every person interested in the scheduled land.
Explanation.--In computing the period of two years referred to
in this sub-section, any period or periods subsequent to the date of
-6ublication of this Act irk tli- 'm~nil Nadu Government Gnzctte during
which the ~?!-occzdii~~-s for $he making of zn order under this sub-
section were held up on account of any stay or injunction by order .
of any -court shall bc excluded.
t
. 7. Matters to he considered in determining compensation.---(1)
In dctermiciiig the amount of compensation to be awarded f~r the
I
scheduled larlds ~tcqiiircd under this Act, the prescribed authority
:,1?21' .take into consideration-
1' 8 first, the market value of the scheduled land on tke respective
1 date of taking possessien of the land bv. or- on behalf of, the
> Government ;
. ,
t seconrllj~, :lie damage <usrained by the person interested, by -
d br~eson of. the taking of any stallding crops Or tpees which may be
1 on the scheduled land at the time of takinf possession thereof;
> - , :,
I th;nlly, ' the damaqe (if an) ) sustainc *l by the person interested,
^ai liie time of taking possession of th: scheduled land, by reason of
sc:.eri~ig scch xhcdu'e~l laid from his othcr lands;
s .I 11 : * 3 4 a :P -li=~ll~lU~~~~~~fifl@flflW
64 TAMIL KADU GOVERNMENT GAZETTE EXT R A0 KI>lHARY
LIC - _ _ _ _ _ ____ _ _ ___ _ _ _- __-_ - __ - ___-___ -- - I
fourth!y, thc damage (if any) sustained by the person inters-
ted, at the time of taking possession of the scheduled land, by reason
of the ax36Usition injuriously affecting his other property, movable
or immovable, in any other manner or his earnings ;
fifthly, if, in consequence d the acquisition of the scheduled
land, the person interested is compelled to change his residence er
place of business. the reasonable expenqes (if any] incidental to such
change. t !
(2) In sdition to the ~narkea value of the sc:heduled laud a3
above. provided, therc shall iw paid an amount: calcula$ed at the rate
of twelve per centurn per annum on such markeb V~~UC for the
period commencing on and from the date of taking possession of
the sclleduled land to the date of the order under sub-section (6) of
section 6. ; '* J IT@,% .A%.
~xp/dkmtian.-In computing the period resferred to in tkis
section, any period. or periods subsequent to the date of publication of
this Act in the Tamil Ntzdrr Government Gqetre dusing which the
proceedings for the making of an order under sub-section (6) of
section 6 were field' up on account of any stay or injuhction by the
order of any court shall Be excluded.
(3) In- addition te the market. value' of the schediuied land as
&ovc provicliid, there shag]. be paid. a; sum of thility per centm on
such market value in consideration of dhe compulsory nature of the
acquisition.
8. Matters to be nhgJected k determining compensation.-In
deterinrt~jng the amount of compensation under this Act, the fddsw-
ing shall not be taken into consideration, namely :-
first, the degree of urgency which has led to acqui'sition. ;
secondly, any disinclination: of the person interested to part with
the land acquired: ;
I tlzirdly, any damage sustained by him, vchich, if caused by a
private person, shall not render such person liable to a suit;
fourthly, any increase to the value of the scheduled land
acquired likely to accrue from the use to which it! is put. ; .
fifthly, any increase to the value of the other land, of the person
interested likely to. accrue from. the use to which the scheduledl land
acquired is put ;
sixthly, any outlay or improvements on, or disposal of, the schcctu1cd land acquired, commenced. made or effected. after the
date d takinp ~xl-uizr 3f tk ~Wkd W.
I I prcscri
I public;
and v
of sex
:;hall
that s
be ta!
recluii
depos
exces:
the c
arrea
1 (
iimoL
thctc
one
and
cxpir
or d
1
chin
prcs*
circ I
of I.
as
I on
+ the
--In
low-
with
by a
land
,
3rson
land
the
r' the
or-
TAMTI, NADU GOVERNMENT GAZETTE EXTRAORDINARY 65
- - - -- - - - . -- - - --- - . - -- __ _ _- I_ .-
9. Part l)a~/lii~irt oj co~~ipensaiiorz pclilditlg deterrr~inntion.-(1) The
prcscribed a111 hority sh~111, witliirl o~~c nlutill~ from thc daie of
publication of this Act in the l'ai~iil N~LI Government Guzette-
(a) tender paymcl~t of eighty per centum of tho compensation
for the scheduled land as estimated by the prescribed authority
(hereafter in this scction referred to as " the amount ") to the
persoils entitled thereto, and
(0) pay the amount to them unless prevented by some one
or m0l-c {if tilt: i s mentioned in sub-section (2) of
and wlicrc the prescribed antholsity is so prevented, the provisions
of scctio~ 22, sub-section (2) (except the second proviso thereto)
shall apply as they apply to the payment of compensation under
that section.
(2) The aniount paid or deposited under sub-section (1) shall
be taken into account for detenni41ing the am0 unt of compensation
rcquired to be paid under this Act and where the amount paid or
deposited cxcceds thc compensation determined under section 6, the
excess may, unless refunded within three monrhs from thc ,date of . i the order under sub-sectiol? (6) of section 6, be recovered as an
arrear of land revenue. !?
: A
10. Paj~ment of interest.-The prescribed authority , shall pay the'
nmount of compensation determined uader section 6 9th interest 1
thereon at the rate of nine pzr centum per annum for the period 6f
one year from the date of taking possession of the scheduled lands
and at the rate of fifteen per centum per annum from the date of
expiry of the said period of one year until it shall have been so paid
or deposited.
1 1. Apportionrncnt of co,~tpcnsation.- -(l) Where several perms
claim to be interested in the amount of compensation detemjned, the
pl-escribed authoritv shall determine'the persons who, in, his opiili &
are entitled 'to rccrive compensation and'the ambunt payable f6 e 2' 'ch nl
sf them.
(2) ff any disl,ritc itri~ics ;is !c ihc :~ppol.lioi~~~~c~~I. or I~I(. COIII~CII-
sation or any part thcrcof, or as to tl~c pcr.:,ot~s go whotii thc snmc
or any part thercnf is payable, the prescribed authority may rekr such
dispute to the decision uf the court. ,
12. Re/oence to c~ur,t.---(I )Any pcrson aggiaieved by an order
nlatlc h y f he pl.es!:r.iheci. au t l~vr.itv : ~lndcl- s~th-se~tiun (61 of, section 6
' nlay, . h\/ .A \\lritt(.tr applic:ltio~~ ttr flat:, piascclihcti n~~tttot;ir ttat
66 TAMIL NAUU CiOVJIiKNMUNL GA%El"I'I! EX1'I<AOK IIINAKY
__ ___- - .-- -- ____ __-_ _ _ _
;. tbe matter be referred by the prescribed authority for the deter-
I
mination of the court, whether his objcction be to the amount of I
1 compensation, the psrsons to whom it is payable or the apportion-
ment of the compensation among the persons interested. I
i
t
(2) The application shall state the grounds on which objection
I to the order made under sub-section (6) of section 6 is taken :
Provided that every such application shall bc nladc,--
(a) if the person making it was present or rcpresentcd before
the prescribed authority at the time when he made the order- under
sub-section (6) of section 6, within six weeks horn the date of the
said order ;
(b) in other cases, within six weeks of the receipt of the
brder, communicated under sub-section (7) of section 6, or within
six months from the date of the order of the p::escribed authority,
whichever period shall first expire.
13. Statonetit of prescribed authority lo coui.r.--(l) Tn making a
reference under section 12, the prescribed author:ty shall state for the
hfomation of the court, in writing under his hand.-
(a) the situation and extent of the land, with particulars of
any trees, buildings or standing crops thereon ;
(b) tho names of the persons whom he has reason to think
I interested in such land ;
I
I (c) the amoun&.of compensation determined under section 6 ;
I (d) the amount paid or deposited under sub-section (1) of
, ' sixtion 9 ; and , . I
i
I
(e) if the objection be to the amount of the compensation,
'the grounds on which the amount of compensztion was determined.
I . .
i
(2) To the said stateirlent shall lie attached a schedule giving t& particulap of the notices served upon, and of the statements in
writing made or delivered by, the parties interested respectivelzr.
.- 14. Service of notice.-The court shall thereupon cause a notice
spixifgng the day on which the court will proceed to determine the
objection, and directing their appearance befbre the court on that
klay to be served on the following persons, namely :-
(a) thc vnlicant :
15.
i~lcluir:
of the
16.
takc 1;
civil c
thc ca
t!'(4lt 4
~3I71Fb
detern
stater
mcan
t ively
1908)
I!
costs
ProPC
is nc
authc
appii
his c
t his c
' oft1
L'
(;i alj persons interested in the cibjection, except such (jf coin; GY~ 'of fhb have consentkd without prnt~s~ to receivp payment presc
ef co~pens~tion deterrniacd ; sljd . .
I I escc
4- w:31
- -
I-
I'AMTL NADU GOVERNMENT GAZETTE EXTRAORDINARY . 67
YWll -- - -- -- __.^ - __
(c) if the objection is in regard to the area of the land or%
F the amount of compensation, the prescribed authority.
15. Restrrctions on scope of proceedings.-The scope of the
inquiry in cvery such proceeding shall be restricted to a consideration
of the interests of the persons affected by the objection.
IG. Proceeding to be in open court.-Iivery sQch proceeding shall
take place in ope11 court, and all persons entilrled to practise in any
civil court in the State shall bc entitled to a2peas, plead and act (as
the case may be) in such proceeding.
17. Amount of compensation a~vurded by court not to be lower
tharz amount dcterlnined by prescribed authority.-The amount 0s
compensation awardcd by tlic court shall not be less than the amounl
determined by the prescribed authority under section 6.
18. Form of awards.-(1 ) Every award \hall be in writing signed
by thc jodgc, and shall sycciiy the amouni awarded under clause
first of sub-section (1) of scction 7, and also the amounts (if any)
icspective!y awarded under each of the other clauses of the same
sub-section, together with the grounds 08 awarding each of the said
anlounts.
(2) Evcry such award shall be deemed to be a decree and t&
ststcincnt ol tl;e yiounds oT evcry such award a judgment within th#
rncat~iilg 01 scclion 2, clause (3, and section 2, clause (9), rcspe*
rivcly, of I Cotlc of Civil Procedure, 1908 (Central Act \ d
1908)
- 19. Costs.--(l) Every such award shall also L"qfz the ainouilt of
costs incurrcd in the proccedi~~gs, and by what pcrsons and in what
proportions they are to be paid.
(2) When the amount determined by the prescribed authority
is not upheld, the costs shall ordinarily be paid by the prescribed
authcrity, unless the court shall be of opinion that the claim of &
applicant was so extravagant or that he was so negligent in putting
his case before the prescribed authority that some deduction from
his costs should be made or that he should pay a part of the costs
of the prescribed authority.
20. Prescribed authority may be directed to pay interest on excess
co~~zpen,surion.- -If thc amount which, in the opinion of the court, the
prescribed authority ought to have awarded as compensation is in
excess of the amount which the prescribed authority did award as
compensation, the award of the court may direct that the prescribed . ,
authority shall yay iiltcrest on such excess at the rate of nine per centw per annum for the period of one year $om the date ot
taking possession of the scheduled lands and at the rate of fifteen
per centum per annul11 'ram the dalc oI cxpiry ol the said period
of one ycar until th~ amount of such cxcess or part illcrcol has been
deposited into court.
21. Re-deterrizination oj ainount of co~npensation on basis of award
I
1 of court.-41) Where i11 an award the court allows to the applicant
any amount of compensation in excess of the amount determined
by the prescribed authority under section 6, the persons interested
in the scheduled land and who arc dso aggrieved by thc order of
the prescribed authority may, notwithstanding that they had not
made an application to the prescribed authority under section 12 by
written application to thc prescribed authority within threc mo~ltibs
from the date ofl the award of the court require that the amount of
compensation payable to them may be re-determined on the basis of
the - - amount of compensation awarded by the couct :
Provided that in computing the period of three months within
which an applic:+inil to the prescribed authority shall be made, under
this sub-,.;tion, the day on which the award was pronounced and
.me time requisite for obtaining a copy of the award shall be excluded.
. (2) The prescribed authority shall, on receipt of an application
bder sub-section (I), conduct an inquiry after giving notice to all
the persons i~lterested~and giving them a ressonable opportu~lity of
being heard, and make ail award determining the amount of compen-
sation payable to the applicant.
(3) Any person who has not accepted the award under sub- section (2), may, by written application to the prescribed authority
require thau the matter be referred by the prescribed authority for tbe
determination of the court and the provisions of sections 7, 8 and
12 to U) shall, so far as may be, apply to such reference as they
apply to a reference under section 12.
.. ,22. .Payment #of compensation.-(1) After the amount of compec-
sation has been determined, the prescribed authority shall tender
payment of the compensation to the persons entitled thereto and shall pay it to them.
I '(2) If the perso 1s entitled to the compensation do not consent to receive it or if theie be no person competent to alienate the land,
or if there be any dispute as to the title to receive compensation, or ,'as to the apportionment of ,it, the prescribed authority shall deposit
the - - amount of compensation in the court :
such
liabil
corn1
lawf t
land
the
was
arid
a 1 is
the
an(
san
ab:
%AMIL NADU GOVERNME~T GAZE^ MTRAOR~~A~~ 69
-- .-. .
Provided further that 110 person who has received the amount
otherwise than upder protest - shall. be entitled -- to make any application
under section 12 : I
Provided also that nothiiig herein cc~ltlainr;~ qllall afi'ect the
liability of any person, who may receive the whole or any part of any
compensat:on awarded under this Act, to pry the same to the person
lawfully entitled thereto.
23. Investment of money deposited in respect of lands belongir'g
to persons incompetent to alienate.-(1) If any money shall be
deposited in court under sub-section (2) of section 22 and it appears
that the land in respect whereof the same was awarded belonged to
any person who had no power to alienate the same, the court sh*
(a) order the money to be invested in the purchase of other
lands to be held under the like title and conditions of ownership as
the land in respect, oC which such money shall have been deposited '
(6) if such purchase cannot be effected forthwith, then in
such Governmeat or other approvd secwiries as tha court shall think
and shall direct the payment of the interest Or other proceeds
a~isiog from such investment to the person 01' persons who w~ld fdr
the titne being have been entitled to the possession of the said land
and such moneys rhd] remain so deposited. and invested until the
same be applied-
(i) in the purchase of such other hinds as aforesaid ; or
(ii) in payment of any person or persons becoming
absolutely entitled thereto.
(a) the cost of such investments as aforesaid ;
(b) the costs of the orders for the payment of the interest or
other proceeds of the securities apon which such nloney$ arc for the
time being invested, and for the payment out of court of the princi-
pal of such moneys, and of all proceedings relating thereto, &&bt
such as may be occasioned by Iitigitf!ion between adverse daimahts,
40 TAM& NADU GOVLIRNMWT GAZETTE EYZRAOKUlNAttY,
L- w -__- -. -. - --- ----- --_-. .__ . ______ __ _ _-_ _----
N. Inve.::nent of money deposited in other ~uses.-When any
money shall have been deposited in court under this Act for any cause
other than that mentioned in section 23, the court may, on the
application of any party interested or claiming an interest in such
mooey, order thk same to be invested in such Government or other
approved securities as it may think proper, and may direct the
interest or other proceeds of any such investment to be accumulated
and paid in such manner as it may consider will give tibe parties
interested aier-ein the same benefit therefrom as they might have
had from the land in respect whereof such money shall have been
i
deposit~d or as near thereto as may be,
26. Power of prescribed autttority i~ relation to iletenzzination of
compensation, etc.-(1) The prescribed authority may, for the
pui;pose of carrying out the provisions of sections 6, 7, 10, 11 and
21L, by order, require, any person to furnish such information in his
possession relating to the scheduled lands as may be specified in
such order. ,
..I, Ii .,.1._ ;[.&I
I
I 25. Appeals in proceedings Before court.-Subject to the provisions
I 1 of the Code oi' Civil Procedure, 1908 (Central Act V of 1908j
1 applicable to appeals from original decrees, and notwithstanding anythmg to the contrary in any enactment tor the time being in force,
an appeal shall only lie in any proceedings under this Act to the
High Court from the award, or from any part of the award, of the
court and from any decree of the High Court passed on such appeal
as doresaid an appeal shall lie to the Supreme Court subject to the
(2) The prescribed authority' shdl, while holding an enquiry
under this Act, have d the powers of a civil court, while trying a
suit under the Code of Civil Procedure, 1908 (Central Act V of 1908)
in respect ofl the following matters, namely :-
I
(a) summoning and enforcing the aticndance of any person
and ex-ng him on oath ;
provisions contained in Qrder XLV-A of the Code of Civil
,Procedurp, 1908 (Central Act V 01 1908).
(b) requiring the discovery and production of any document;
(c) reception ot evidence on affidavi@ ;
(d) requisitio~iing any public record from any court or office;
(el issuing commission for examination 9f witnesses.
1 - 27..-Power to remove Eificul!ies.-(1) If any difficulty arises in
giving effect to the provisions of this Act, the Government 'may, by an order published in the Taniil Nadu Governnzent Gozeiie, make
'Y
St:
le
;h
0T
he
ns
18)
ng
:e,
he
he
:a1
he,
vil
of
he
ad
iis
in
-- i *1
TAMIL NADU GOVBRNM'ENT GAZETTE EXrRAORDINAIRY
* -Pwm- .-mu-*
7 1
L----
---- .----- -I_---.-- - .--
such provisions not inconsistent with the provisions of this A&
as appear to them to be necessary or expedient for removing the
difficulty : L
Provided that no such order shall be made after the expiry of
a period of two years from the date of publication of this Act in
I
the Tarnil Mclu Governrnelzt Gazette. t 1
(2) Every order III~~ undcr sub-section (1) shall, as sooh as
possible, after it is made, be placed on the table of the Legislative
Assembly and if, before the expiry of the session in which it is so
placed or the next session, the Assembly makes any modification in
any SUIC~I order or the Assembly decides that t!he order should not
be issued, the order shall thereafter have effect only in sach modified
form or be of no effect, as the case may be, so, however, that any
such modificatioli or annulment shall be without prejudice to the
validity of anything previously done under that order.
.D
28. Repeal and saving.-(1) The Kel avarapalli Reservoir Scheme
(Acquisition of Land) Ordinance, 1987 (Tamil Nadu Ordinance 3 d
1987), is hereby repealed.
(2) ~otwithstandin~ such repeal anything done or any action
taken under the said Ordinance, shall be deemed to have been done
or taken under this Ad.
THE SCHEDU1,E
District : Dllarmapuri. Taluk : Hosur.
D escriplion of land-
~cri(tl Szrrvc y Cla~~~ificcrtion of Ian d. Extent Date of
number, ~zumbcr. in taking acres. possession.
1 '" 1 P F- 1 lp?-1 Dry
,- f . 100--1 ' Dry
... C 39.63 26th August
1977.
0.3 - 3.45 2nd Jancary
1978.
.. ... 2.10 1st February
. 1978.
*a 9 (p1 16.53 17th August
. 1977;
'72 TAMIL NADU OOVBRNMENT G,APBTTE EXTRAORDINARYI UY 4
- ,-.- __.- ...
$$jrffl ---:-at. Bwvey u Cl~nijication of 'lands. Extent
in 3unwer. n~mucr.
acres. posses$ion.
y ','&+~U , * .... ----- . :-.,
"5 97 Wet . . '
2nd January
1978.
.9 109-1 Dry . .
10 109-2 Dry . .
ill ..109-3 Dry . .
2nd January
1978.
12 109-3 Dry . . . . 1 2nd January
1978.
villa= : Elayusandiram Village. I
26th August
1977.
,14 46-2 , Dry . . . . 4.90 . 25th April
1978.
, ,
5 15 462 Dry . . . . 0.78 1 st Febrlrary
1978. I
I .. village : Chennasandiram Village.
'16 62-1 , Dry . . . 0.30 ZZnd January
1978.
17 662 Dry . ... 0,3Q 22nd January
1978.
18 64-1 Rocky 1 vat 0.03 22nd January
1978,
22nd January
1978,
TAMIL NADU GOVERNMENT GAZETTE E?CI'@lO=m 73
J
Serial Swey Clas$$ication of land. Extent Date of
/ number. number. in taking
acres. possession.
M
2b 136-3 Dry .. a 0.10 22nd January
and 4 1978.
-- 4
-21 136-5 Dry . . . 0.15 22nd January
1 1978.
ust
yst
.il
uary
luary
uary
22 137 Dry . . . . 0.20 22nd January
1978.
. . . * .b 0.52 2Znd January
1978..
24 144 Dry . . . . 1.60 22nd January
1978.
(By order of the Governor.)
S. VADIVELU,
Commissioner and Secretary to Government,
Law Department.
h.. . -
PEINTED AND PUBLISHED BY TBE I)IRECTolC OP STATlONRRY AND pRMTm-O
XADBAS, ON BEHALF OF TIlE UOVEltKhLENT OF TAM= NADD