CourtMesh

Section 12: AwardafCo/leuar when to bcfmal

The Kerala Land Acquisition Act, 1961 (No.21 of 1962)State Act of Kerala · Act 21 of 1962

(l) Such award shall be filed in the Collector’s office and shall, except as hcreinaftcr prowded, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true axes». and value of the land, and the apportionment of the compensation among the persons interested.

(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.

l3. Adjournment 41f Inquirj.~The Collectm may, [or any cause he thinks fit, from time to time adjourn the enquiry to a day to be fixed by him.

14. Power to summon and "fire: auutdanre of Wllnfl'ItJ' and prudurlmn iy'docamenlr.—-For the purpose of enquiries under this Act the Collector _._ __.

-_ .

\,__~..~_._...g.__ ‘4 131 shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means, and so far as may be, in the same manner, as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908.

15. Matters to be [unridrnd arid neglected—In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 25 and 26.

16, Award in can if agreement as in the amounlafmmpmatmn.—(l) If the Collector and all the persons interested agree as to the amount of compensation to be allowed, the Collector shall make an award under his hand {or the same.

(2) Such award shall be filed inithe Collector’s office and shall be conclusive evidence, as between the Government and all persons interested, of the value of the land and the amount of compensation allowed for the same.

17. Valuation statement to be approved by .mpnior authority—No award shall be made by the Collector under section 11 or section 16 unless the valuation statement prepared in such manner as may be prescribed by rules is approved,—

(1) whcre the Collector making the award is not the District Collector, by the District Collector ; and

(u) where the Collector making the award is the District Collector, by the Board of Revenue.

TAKXNG Possesswti 181 Pow” to take panmian.——When the Collector has made an award under section 11 or section 16, he may take possession of the land, which shall thereupon vest absolutely in the Government, free from all encumbrances.

19. Special pawn: m cam whm land is needed urgently—(1) In case:

of urgency, whenever the Government or the District Collector, {or reasons to be recorded in writing, so direct, or directs, the Collector may, on the expiration of fifteen days from the publication of the notice mentioned in sub-section (1) ofsection 9, take possession of any land needed for a public purpose though no award has been made. Such land shall thereupon vest absolutely in the Government, free from all encumbrances :

Provided that the Collector shall not take possession of any building or part ofa building under this sub-section without givmg to the OCCUpicr thereof at least three days’ notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building Without unnecessary inconvenience.

(2) In every case under sub-section (1), the Collector shall, at the time of taking possession, offer to the persons interested compensation for the standing crops and trees, if any, on such land and for any other 3/40—92 l32 damage sustained by them caused h) surh sudden tlispnssession nnrl not excepted in section 26, and, in case such oflci l§ not accepted, the value of such crops and'tiees and the amount 0! such other damage shall he allowed for in awarding compensation for the land under the piovmnns herein contained

(3) In every case under sub-section (1), the Collector may, nn a request in wtiting by all the parties interested and on finmsluiig suflieient security, alter such summary enquiry as he may think fit to institute and after satisfying himself that the patties are la“ fully entitled to receive the compensation), pay a sum not exceeding fifty per cent of the pmhahle compensation that may he finally awarded in iespt-ct nl sitcl' acquisnion, pioVided that no payment shall bc made \\ht:ie theie is a dispute as regaids the person entitled to the compensation The ad\auce compensation paid uiidei this sub-section shall he athusted touards the final compensation payable under the awaid.

(4) In the case of any land to which, in the opinion ortlie Government or the District Collectot, the prowsions of sub-section (l) at: applicable, the Government or the District Collector, as the case may be, may direct that thelprowsions of section 5 shall not apply, and, iftliey OI he so diiect or directs, a declaration maybcmadc undei section 6 in iespect of the land at any time after the publication of the notification under sub-section (1) of section 3.

_ Part III REFERENCE TO COURT AND PROCEDURE THEREON

20. Rtftmiu to Cauvl.——(l) Any person interested who has not accepted the award may, by written application to the Collector, iequite that the matter be referred by the Collector for the detei initiation of the Court. whether his objection be to the measuiement of the land, the amount of the compensation, the person to whom it is payable, at the appomonmcnt of the campensation among the persons interested.

(2) The application shall state the grounds on which objection to the award is taken :

Ptovtded that every such application shall he made—

(a) l[ the person making it was present or represented before the Collector at the time when he made his award, \Vllhln six weeks from the (late of the Collector’s auard ,

(b) in other cases, \xilhin six weeks of the receipt of the notice ft om the Colleemi under sub-section (2) of section 12 or Within six monthsJZrom the date of the Collector’s award, \iliicheyer period shall first expire.

2]. Calletlay’: rlultmml in the Cuwl.——(l) In makin the iefmence, the Collector shall state {or the information of the cult, in \x'iiting under his hand,—

(a) the situation and extent ofthe land trith particmais of any trees, bmlchngs or standing crops thereon , ~r _J I33 _

(b) the names of the persons \ihom he has ieason to think iniCicstcd in such land ,

(5) the amount awarded for damages and paid or tendered un.

der sections 4 and 19 or either of them, and the amount of compensation awarded under section ll , and

(d) ifthe objection be to the amount of the compensation, tlic giounds on which the amount of compensation was determined

(2) To the said statement shall be attached a schedule givmg the particulars of the notices served upon, and of the statements in writing made or delivered by, the names interested tcspectively.

Where this provision sits

ActThe Kerala Land Acquisition Act, 1961 (No.21 of 1962)
Section12
Marginal noteAwardafCo/leuar when to bcfmal
JurisdictionState of Kerala
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Kerala Land Acquisition Act, 1961 (No.21 of 1962) is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.