(1) The Board may enter into an agreement with any person for the acquisition from him by purchase, lease or exchange, of any land which is needed for the purposes of a housing scheme or any interest in such land or for compensating the owners of any such right in respect of any deprivation thereof or interference therewith.
44[(1-A) The Government may also transfer land to the Board for development under Public Private Participation as a Joint Venture, or for sale. The proceeds thereof shall form part of the Consolidated Fund of the State and shall be
44. Inserted by Act No.12 of 2010.
Power to exempt schemes from provisions of sections 24 to 31.
Power to purchase or lease by agreement.
28 [Act No. XLVI of 1956] remitted into it accordingly, or disposed as may be directed by the Government.]
(2) The Board may also take steps for the compulsory acquisition of any land or any interest therein required for the execution of a housing scheme in the manner provided in the 45[Land Acquisition Act, 1894 (Central Act 1 of 1894)] as modified by this Act and the acquisition of any land or any interest therein for the purposes of this Act shall be deemed to be acquisition for a public purpose within the meaning of the 45[Land Acquisition Act, 1894 (Central Act 1 of 1894)] 46[40-A. For the purpose of acquiring land for the Board under the 45Land Acquisition Act,1894 (Central Act 1 of 1894), the said Act shall be subject to the following modifications, namely:-
(a) the publication of a draft notification under section 22-A shall be substituted for and have the same effect as publication in the *Telangana Gazette and in the locality of a notification under sub-section (1) of section 4 of the said Act, except when a notification under sub-section (1) of section 4 or a declaration under section 6 of the said Act has been previously made and is in force;
(b) section 17 of the said Act as in force in the State of 47Telangana shall have effect as if, after sub-clause (iii) of clause (b) of sub-section (2) of that section, the following had been added, namely:-
45. Substituted by Act No.15 of 1962. (This 1894 Act has been repealed by (Central Act No.30 of 2013).
46. Sections 40-A, 40-B and 40-C inserted with marginal headings by Act No.15 of 1962.
47. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Modification of the Land Acquisition Act, 1894.
[Act No. XLVI of 1956] 29 “(iv) for the execution of any housing scheme under the 48Telangana Housing Board Act, 1956”.
40-B. (1) Notwithstanding anything in the 49Land Acquisition Act, 1894 (Central Act 1 of 1894), the amount payable as compensation in respect of land acquired under this Act shall be an amount equal to twenty times the net average annual income actually derived from such land during the period of five consecutive years immediately preceding the date of notification under section 22-A.
(2) The net average annual income referred to in subsection (1) shall be calculated in the manner and in accordance with the principles set out in the succeeding sub-sections.
(3) The net average annual income shall be one-fifth of the gross rent actually derived by the owner from the land acquired and buildings if any, thereon, during the period of five consecutive years after deducting municipal taxes, revenue charges and cost of repairs for the said period of five years from such gross rent.
(4) The gross rent shall be determined by the Land Acquisition Officer by local enquiry, and, if necessary, by obtaining certified copies of extracts from the property tax assessment books of the local authority concerned showing the rental values of such lands or buildings.
(5) Where there are trees on the land acquired, the Land Acquisition Officer shall take into account the income, if any, actually derived by the owner from such trees during the said period of five years.
48. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
49. This Act has been repealed by Central Act No.30 of 2013.
Payment of Compensation.
30 [Act No. XLVI of 1956]
(6) If the land or buildings thereon remained unoccupied, or the owner has not been in receipt of any rent for the occupation of such land or buildings during the whole or any part of the said period of five years, the gross rent shall be taken to be the income which the owner would in fact have derived if the land or buildings had been leased out or given for rent during the relevant period, and, for this purpose, the income actually derived from similar lands or buildings in the vicinity shall be taken into account.
Explanation.- In this section, 'building' includes a house, out-house, shed, hut and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever.
40-C. 50[(1)(a)] The Government may, either suo motu or on the request of the Board and after consulting the Collector of the District, by order transfer any land belonging to them to the control of the Board, for the purpose of providing housing accommodation. Every such order shall be published in the *Telangana Gazette and shall be subject to such terms, conditions and restrictions as may be specified in such order and any rules made in this behalf.
51[(b) The Government may transfer any land to the Housing Board for development under Public Private Participation as a Joint Venture or for sale. The proceeds thereof shall form part of the Consolidated Fund of the State and shall be remitted into it accordingly or as directed by the Government.]
(2) The Collector of the district shall, on a request being made by the Board, furnish to the Board the particulars of all
50. Sub-section (1) re-numbered as (1) (a) by Act No.12 of 2010.
51. Inserted by Act No.12 of 2010.
Power of Government to transfer Government land to the Board.
[Act No. XLVI of 1956] 31 unoccupied lands belonging to the Government in any area specified by the Board.]