Land to vest in the Authority and its disposal

Section 54 of the Jaipur Development Authority Act 1982 deals with land to vest in the Authority and its disposal. Notwithstanding anything contained in the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. The Act was enacted on 14 Jul 1982.

(1) Notwithstanding anything contained in the Rajasthan Land Revenue Act, 1956 (Rajasthan Act No. 15 of 1956), the land as defined in section 103 of that Act, excluding land referred to in sub-clause (ii) of clause (a) of the said section and Nazul Land placed at the disposal of a local authority under section 102-A of that Act in Jaipur Region shall, immediately after establishment of the Authority under section 3 of this Act, be deemed to have been placed at the disposal of and vested in the Authority which shall take over such land for and on behalf of the State Government and may use the same for the purposes of this Act and may dispose of the same subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe:

Provided that the Authority may dispose of any such land-

(a) without undertaking or carrying out any development thereon; or

(b) after undertaking or carrying out such development as it thinks fit, to such person, in such manner and subject to such covenants and conditions, as it may consider expedient to impose for securing development according to plan.

(2) No development of any land shall be undertaken or carried out except by or under the control and supervision of the Authority.

(3) If any land vested in the Authority is required at any time thereafter by the State Government, the Authority shall, by notification in the Official Gazette place it at the disposal of the State Government upon such terms and conditions as may be agreed upon between the State Government and the Authority.

(4) All land acquired by the Authority, or by the State Government and transferred to the Authority, shall be disposed of by the Authority in the same manner as may be prescribed for land in sub-section (1).

54A. Transitory provisions for pending matters relating to acquisition of land. -

(1) Notwithstanding anything otherwise contained in sub-section (1) of section 45, where, in any matter relating to the acquisition of land pending between 24the day of September, 1984 and 31st day of July, 1987, an action, thing or order has been taken, done or made under and in accordance with the provisions of this Act, as it stood before the first day of August, 1987, such action, thing or order shall not be reopened or reviewed or be liable to be challenged on the ground that such action thing or order was at variance with that provided for in the Land Acquisition Act, 1894 (Central Act 1 of 1894) (hereinafter in this section referred to as The Land Acquisition Act) subject, however, that any, further proceeding action or order in such matter conducted, taken or made on or after the first day of August, 1987, shall, subject to the other provision of this section, be made under and in accordance with the Land Acquisition Act.

(2) The amount of compensation or interest or that Payable for another reason, shall in a matter pending on the first day of August, 1987, be payable under and in accordance with the provisions of the Land Acquisition Act and the money paid prior to the first day of August, 1987, shall be deducted from or adjusted against the said amount.

(3) Where in a matter pending on the first day of August, 1987, a notice under sub-section (2) of section 45 or a notification under sub-section (1) thereof has been issued or, as the case may be published such notice or notification shall be deemed to be notification or declaration published or made under subsection (1) of section 4 or, as the case may be, under sub-section (1) of section 6 of the Land Acquisition Act and the declaration or award in such matter shall be made within a period of one year or as the case may be, two years from the first day of August, 1987.

(4) Where any land has, prior to the first day of August, 1987, vested in the State Government or its possession has been taken in accordance with the provisions of this Act, as it stood before the first day of August, 1987, such vesting or possession of land shall not be liable to be challenged on the ground that no amount of compensation was tendered and paid in accordance with subsection (3-A) of section 17 of the Land Acquisition Act, subject, however, that such amount shall be tendered and paid within a period of six months from the first day of August, 1987.

(5) In determining the amount of compensation to be awarded in a matter pending on the first day of August, 1987, the market value of the land at the date on which the notice was published in the Official Gazette under sub-section (2) of section 45, as it stood before first day of August, 1987, shall be taken into consideration.

(6) An appeal preferred to the Tribunal under sub-section (6) of section 48 or a dispute referred to the Tribunal under subsection (2) of section 49 or a deposit of amount made in the Court of the District Judge under sun-section (2) of section 50 and pending decision or disposal on the first day of August, 1 987 shall be dealt with having regard to the provisions of the Land Acquisition Act.

(7) Where in a matter pending on the first day of August, 1987, the amount of compensation payable under the provisions of of this Act, as it stood before the first day of August, 1987, is higher that that payable under the Land Acquisition Act, the owner of the land and the persons interested therein shall be entitled to claim the higher amount.

54C. Transfer to be on free hold or lease hold basis. -

(1) Every transfer of land under Section 54 or Section 54B shall be either on free hold basis or on lease hold basis.

(2) Any land sold, allotted, regularized or otherwise transferred on lease hold basis may be converted in free hold basis subject to such terms and conditions, and on payment of such conversion charges, as may be prescribed.

Explanation. - For the purposes of this section, 'free hold' means tenure in perpetuity with right of inheritance and alienation.

Section 54, The Jaipur Development Authority Act 1982 (Act 25 of 1982).