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Section 28

The Tamil Nadu Land Improvement Schemes Act, 1959State Act of Tamil Nadu · Act 31 of 1959

(1) If ! 11e Land ilnprovement Board in respect of order fpr taking auy scheme sanctioned by it or by the Government or the p ossession of the Soil Conservation Board in respect of any scheme waste lands.

prepared by it is satisfied that for the purpose of executing such scheme it is necessary that temporary possession of any waste land s11ould be taken, the Land Improvement Board or the Soil Couservation Board, as the case may be, may, by order in writing, direct the C~llector to take temporary possessio~~ of the land on behalf of the Government on such date as m. . y be specified ill that order.

(2) The snicr shc~ll be made in such lo, nl :~ni1 b:ou$ht lo the i?olic\: of tho o\v!ier as well a:, :fny oihm 1 3 2 ~ ~ 0 1 who m..iy be in possessior of the 1an:i in such IIU lliler, as m r y be ~1~escribe:l.

(3) On the date sptcified in the order, the Collector or any other officer authroised by urn in this behalf shall enter upon aitd take possession of the land or, behalf of th.e Gcvernment.

29, When the land has been taken possession of, the ,?rrangarnent rlainatiou. u~ficer appointed by thz Soil Conservation Board or the for Land Improvement Boaid, as the case may be, fgt ;he purpose, may arrange for its raclamatio~~ --

(a) by retaining it under his managemeilt for such period as he thinks fit ; or 432 Lmd Impro vemen f Schemes [1959: T.N. Act 31

(b) by settling the?period and such terms as may be fixed by the Soil Conservation Board or the Land Improvement Board, as the, case may be, with the person who on the date of taking possession under sub-section (3) of section 28 was in lawful possession of the land or was entitled to such possession or, if any, such person is dead, with his successor in interest ; or

(c) by a combination of the methods aforesaid :

Provided that the total period for which the land is retained under this section shall not execeed fivc yeais from the date of taking possession.

uaim for 30. No claim of any person to any arrear of rent accrued arrears of rent or due in respect of the land for the period prior to the not to be enforced against date of taking possession shall thereafter b9 enforced by Government,atc. any Court, whether in execution of a decree or otherwise, against the Govercment or aginst any person holding the land under :he Government or aga.inst the land during the period such land is in the possession of the Government under sub-section (3) of section 28 :

Pmvided that in computing the period of limitation for a suit, or an application for the execution of decree, the time during which the enforcement of such claim is barred under this section, shall be exc!uded.

Termination 31. (1) When the kclamation of the land is in the possession on opinion of the Collector complete and in any case before completionof the expiry of the period of five years from the date of ~ taking possession, the Collector shall after making an inquiry in the prescribed manner, by order in writing-

(a) specify the date on which and the person to whom possession of the land shall be siven : - .

- >

Provided that an order under. this clause ~ ~ q f y i n g any person other than the person fromwh'om ptdessioq of the land was taken under sub-section (3) of section 28 shall not be pasied ' unress notice has been gi* ' to the owner, or if he is dead, to'his heirs or legal representatives and his or their representations, if any, have been co n sidered ;

1459 : 'T.N. Act 311 L.nndTntpr~ot.emer-ltSch~~~~e:; 433 ($) whe-e the person to whom possessioi~ of the land i s ivcl~ is n tonant, dotermine in the manner presctaibctl 110 f rcnt pityahlo by him to the owner.

(c) where tho laad or any part thereof has bb;

;rlli~~l.ated, reguhto the cutting of thc trees on such land ;tu:ordiny to a working plan.

(2) On the date specified in the said order, possession of the land shall be deemed to have been given by the Government under sub-section (1).

(3) Thz delivery of possession of the land under subsection (1) shall be a full discharge of the Government froin all liability in respect of such land, but shall not prejudice any right in respect of the land which any other person may be entitled, by due process of law, to enforce against the person in whom possession of the land is given.

Where this provision sits

ActThe Tamil Nadu Land Improvement Schemes Act, 1959
Section28
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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