The Coal Bearing Areas (Acquisition And Development) Amendment and Validation Act, 1971
ACT NO. 54 OF 1971
1291
[11th December, 1971]
An Act further to amend the Coal Bearing Areas (Acquisition and Development) Act, 1957, and to validate certain acquisitions of land or rights in or over land under the said Act.
BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:-
1. Short title. This Act may be called the Coal Bearing Areas (Acquisition and Development) Amendment and Validation Act, 1971.
Sections 2-7. [Not printed.]
8. Validation of certain acquisitions. (1) Notwithstanding any judgment, decree or order of any court to the contrary,-
(a) no acquisition of land or of rights in or over land made or purporting to have been made under the principal Act before the commencement of this Act, and no action taken or thing done (including any order made, agreement entered into or notification published) in connection with such acquisition shall be-deemed to be invalid or ever to have become invalid merely on the ground-
(i) that one or more competent authorities have performed the functions of competent authority under the principal Act in respect of the land covered by the same notification under sub-section (1) of section 7 of the principal Act ;
(ii) that One or more reports have been made under sub-section (2) of section 8 of the principal Act, whether in respect of the entire land covered by the same notification under sub-section (1) of section 7 of the principal Act or rights in or over such land, or in respect of different parcels of such land or of rights in or over such land;
(iii) that one or more declarations have been made under section 9 of the principal Act in respect of different parcels of the land covered by the same notification under sub-section (1) of section 7 of the principal Act or in respect of rights in or over such land,
(b) any acquisition in pursuance of any notification issued under sub-section (1) of section 7 of the principal Act before the commencement of this Act may be made after such commencement and no such acquisition and no action taken or thing done (including any order made, agreement entered into or notification published) whether before or after such commencement, in connection with such acquisition shall be deemed to be invalid merely on the grounds referred to in clause (a) or any of them.
(2) Notwithstanding anything contained in clause (b) of sub-section (1), no declaration under section 9 of the principal Act in respect of any land, or rights in or over such land, which has been notified before the commencement of this Act, under sub-section (1) of section 7 of the principal Act, shall be made after the expiry of two years from the commencement of this Act.
(3) Where acquisition of any particular land (not being acquisition of rights in or over such land) covered by a notification under sub-section (1) of section 7 of the principal Act, issued before the commencement of this Act, is or has been made in pursuance of any declaration under section 9 of the principal Act, whether made before or after such commencement, and such declaration is or has been made after the expiry of three years from the date of issue of such notification, there shall be paid simple interest, calculated at the rate of six per centum per annum on the market value of such land, as determined under sub-section (5) of section 13 of the principal Act, from the date of expiry of the said period of three years to the date of tender of payment of compensation payable for the acquisition of such land:
Provided that no such interest shall be payable for any period during which the proceedings for the acquisition of any land were held up an account of stay or injunction by order of a court:
Provided further that nothing in this sub-section shall apply to the acquisition of any land where .the amount of compensation has been paid to the persons interested before the commencement of this Act.
0 responses on "Coal Bearing Areas (Acquisition And Development) Amendment and Validation Act, 1971"