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Karnataka Krishna Basin Development Authority Act, 1992 Chapter 6 - Bare Act

StateKarnataka Government
Year
Section TitleLand Acquisition
Act Info:

(1) If at any time, in the opinion of the Chief Executive any land is required for the purpose of this Act, the Chief Executive may give notice of his intention to acquire such land.

(2) Such notice shall require the owner or where the owner is not the occupier the occupier of the land and on all such persons known or believed to be interested therein to show cause, within thirty days from the date of service of the notice, why the land should not be acquired.

(3) After considering the cause, if any, shown by the owner of the land or the occupier or by any other person interested therein and after giving such owner, occupier or person an opportunity of being heard, the Chief Executive may pass such orders as he deems fit.

(4) After orders are passed under sub-section (3), where the Chief Executive is satisfied that any land should be acquired for the purpose specified in the notice issued under sub-section (1), a declaration shall, by notification be made to that effect.

(5) On the publication of the notification under sub-section (4) on the notice board of the Authority, and through local newspapers both in Kannada and English, the land shall vest absolutely in the Authority free from all encumbrances.

(6) Where any land is vested in the Authority under sub-section (5) the Chief Executive may by notice in writing order any person who may be in possession of the land to surrender or deliver possession thereof to the Authority or any person duly authorised by it in this behalf within thirty days of the service of the notice.

(7) If any person refuses or fails to comply with an order made under sub-section (6) the Chief Executive or any officer authorised by him in this behalf, may take possession of the land and may for that purpose use such force as may be necessary.


Section 26 - Amount Payable

(1) Where any land is acquired by the Authority under this Act, the Chief Executive shall pay for such acquisition an amount in accordance with the provisions of this section.

(2) where the amount has been determined by agreement between the Authority and the person whose land has been acquired, it shall be paid in accordance with such agreement.

(3) Where no such agreement can be reached, the Chief Executive shall refer the case to the Special land Acquisition Officer for determination of the amount to be paid on such acquisition as also the person or persons to whom such amount shall be paid.

(4) For the purpose of determination of the amount and person or persons to whom such amount shall be paid the Special Land Acquisition Officer shall serve notice on the owner or occupier of such land and on all persons known or believed to be interested therein to appear before him and state their respective interests in the said land.


Section 27 - Application of Land Acquisition Act, 1894

The provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) as amended by the Land Acquisition (Karnataka Extension and Amendment) Act, 1961 shall mutatis mutandis apply in respect of enquiry and award by the Special Land Acquisition officer the reference to the Special Court, the apportionment of amount and the payment of amount in respect of lands acquired under this Act.


Section 28 - Compulsory acquisition of land for the Authority

Any land required by the Authority for carrying out its functions under this Act shall be deemed to be needed for a public purpose and such land shall be acquired for the Authority as if the provisions of Part VII of the Land Acquisition Act, 1894 were applicable to it.


Section 29 - Exercise of power under Land Acquisition Act

Notwithstanding anything in the Land Acquisition Act, 1894,-

(i) the power of the State Government in relation to acquisition of land under this Act, shall be exercised by the Chief Executive; and

(ii) the Authority shall appoint a Special Land Acquisition Officer for the purposes of this Act, who shall exercise all the powers conferred on the Deputy Commissioner under the Land Acquisition Act, 1894.


Section 30 - Authority to have power to acquire land by agreement

Subject to the provisions of this Act, the Authority may enter into an agreement with the owner of any land or any person interested therein, situated within the limits of the Krishna basin for the purchase of such land.





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