Section 40 Special powers in case of urgency to acquire land in certain cases - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013
Special powers in case of urgency to acquire land in certain cases - Section 40 of Land Acquisition Act 2013
Special powers in case of urgency to acquire land in certain cases is defined under section 40 of Land Acquisition Act 2013. Provisions under this Section is:
Section 40 of Land Acquisition Act 2013 "Special powers in case of urgency to acquire land in certain cases"
(1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration of thirty days from the publication of the notice mentioned in section 2 1, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrances.
(2) The powers of the appropriate Government under sub-section (I) shall be restricted to the minimum area required for the defence of India or national security or for any emergencies arising out of natural calamities or any other emergency with the approval of Parliament:
Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours notice of his intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
(3) Before taking possession of any land under sub-section (I) or sub-section (2) the Collector shall tender payment of eighty per cent. of the compensation for such land as estimated by him to the person interested entitled thereto.
(1) In the case of any land to which, in the opinion of
the appropriate Government, the provisions of sub-section
(I), sub-section (2) or sub-section (3) are applicable, the
appropriate Government may direct that any or all of the
provisions of chapter I1 to Chapter VI shall not apply, and,
if it does so direct, a declaration may be made under
section 19 in respect of the land at any time after the date
of the publication of the preliminary notification under
sub-section (I) of section 11.
(5) An additional compensation of seventy-five per cent. of the total compensation as determined under section 27 shall be paid by the Collector in respect of land and property for acquisition of which proceedings have been initiated under sub-section (I) of this section:
Provided that no additional compensation will be required to be paid in case the project is one that affects the sovereignty and integrity of India, the security and strategic interests of the State or relations with foreign States.