Notification, 1997

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

The Governor is pleased to order the publication of the following English translation of notification no. 2382/XCVII-2-(1)/85-24Rev.-13, dated September 16, 1997 for ge neral informaton:

Dated, Lucknow, September 16, 1997 The fo llowlog draft rules which the Governor proposes to make in exer cise of the powers under section 55 read with sub-section (2) of section 11 of the Land Acquisition Act, 1894 (Act no. 1 of 1894) were published in the Oficial Gazette No. 2(4) (1)/85-24-Rev.-13, dated June 12, 1997. invitiag objections and suggestions from general public And where as no objeoti in and suggestion bave been received within the said period ofthirty days, from the date of publication of the said notification in the Gazette.

Now, therefore in exeretse of the powers conferred by sub-section (1) seation 55 of the said Act, tho Gvernor is' pleased to make the following Rutos.

of OF

THE UTTAR PRADESH LAND ACOUISITION (DETERMINATION

COMPENSATION AND DECLARATION OF AWARD

AGREEMENT) RULES, 1997

BY

1. (1) Th se rules may be called the Uttar Pradesh Land Acga- isition (Determination of Compensation and Declaration of Award by Agreoment) Rules, 1997.

(2) 'Ty shall extend to the whole of the Uttar Pradesh.

(3) They shall come into force with efeet from the date of their publica tion in the Gazette.

2. The body or D :partment for which the land if being acquired may, at any stage of the proceedings settle down the terms and con- dition and rates of the land under acquisition, with the land owners and appear before the Collectors and make an application indicating the terms and conditious so settled down and its readiness and willirgpess for determination of compensation and declaration of award in accor- dance with agreement. The Collector shall, if satisfied, issue notice the persons interested in the land under acquisition to express their readi- ness and willinguers to execnte the agreement in writing. on the matters be includet in the award.to to to

3. The Collector may, after hearing the parties, and upon being satisfied that the persons interested in the la nd are ready and willing execute the agreement, grant the pormission uniess, for reasons to recorded in writing he decides to refuse it.

the be

4. (1) The Collector shall, where be grants the permission inform persons interested in the land by registered post, about date, time and plac for the execution of the agreement.

(2) The agreement shall be executed in the form appended these rules, with necessary details as to whether possession has, or been taken before the award.not to has the the

(3) If the person so informed fail to turn up and execute agreement on such date, time and place or the exteuded date, as case mav be, the Collector snall pro ceed to make enquir yunder section 11 from the stage. at which the application under rule 2 was mado.

5. The amount of compensation to be sett led in the agreement shall. alwavs abide by the instructions issued by the State Govornment of Uttar Pre desh from time to time.

6. (1) Wn an agreoment is discovered to have been fraudlently executod, the Collector shall, suo-motu, or on an application made in that behalf, cancel the agreem"nt after affording a reasonable opport unity of being heard to the porsons who have executed the agreement.

(2) In case of cancellation of the agreement under sub-rule (1) the executants shall have no right to elaim any componsation or damages from the State Goverant.

By order, &. P. ARYA, Promuhh Sachtv.

ent and Comme ncement Schedule of the fand/lands Viltage--- District _ Crop standing thercoвvay Area No.

Details of lands if. it is part of the survey number showing four boundaries and ownership of adjoining land holders for land com- prised in col Details Amount of Compensation Details of other things at tached to the earth Total Compensation payable (4+6+8) Name and address of the and extent thoreof Detajls Amount of Compensation Sigaed by the owar/owaers of the land aad or the interested party/parties and the acquiring authority on behalf of the Governor.

Government Full Name- Designation ---- Witness.

AND WHEREAS the owner/owoors and the interested party/parties furt hor agreest agree to the deduction of the amount te bo mentioned in the said award in case they are allowed to harvest the standing orop thereon by the Land Acquisition Officor NOW, THEREFORE, the owner/owners and/or interested party/parties does/do hereby grees/agree with the Government as follows:- Officer..(1) that the Land Acquisition iiiieshall be competent to declare the award as per term of this agreement without any further onquiry which is re quired to be held under tho provisions of the Land Acquisition Act, 1894.

(2) if the Government deems it necessary to take immediate possession of the land under acquisitioa eventhough there is a standing crop on it the Government will be entitled to do so provided that compensation for the standing crop as shown in as per the award is paid,

(3) that the owner/owners and interested party/parties shall not claim any amount in addition to the amount agreed upun as aforesaid as compensation and a ccept is without any protest.

(4) if hereafter or after the payment of compensation as per the award it trans- pires that the owner/owaers and or the interasted party/parties is/are not entit led at all or is/are not exclusively extitled to the entire amount of compensation awarded by the Land Acquisition Officer. ....in the term of this agreoment in respect of the said land/lands as mentioned at the end, and the Government is requirod to pay any compensation to any other person, the owaer/owners and the interested party/parties shall on demand refundto the Govern- ment the entire amount of money received by him/thom or such amount as may be determined by the Land Acquisition Officer ..as refundable by him/them to the Government and shall also indemnify (jointly and severally) the Government against any claim or compensation or part thereof by any other person/persons and against all proceedings and liabilities of any loss or damage suffered or any costs, charges or expenses incurred by Goveroment by reason of the payment to him/them and the owner/wners and the interested party/partios shall pay the interost at the rate of 9% onthe amount so refundable for the first year and at the rate of 15% for the subsequent _years;

(5) if the owner/owaors aad/or interested party/parties fails/[ail to refund to the Governmeat ths amount meationed in the preceding para, the Government shall have the full right to recover the same as arrears of land revenue or order to procced under any law in force for recovery of such amount.

(6) without prejudice to any other re nedy for the enforcement of any refund or indemnity, the Government may recover any sum determined and certifed by the Land Acquisition Officer .....-.to be due and payable by the owner/owners and interested party/partics to the Goverament by wa y of refund or other wise under these presents as arrear of land revenue ;

(7) if any QGovernment dues/shares/premium from this land/lands are pa yable by the owner/owners or interested party/parties and the loans of any public financial Institutions are outstanding against the land/lands the same shall be deduct ed from the said compensation amount that may be awardable under these presents.

(8) The Goverameat shall bear the stanp duty payable in respect of this agreemont.

No.

Schedulo of the fand/lands Area- --acros/ha.

vay Area Details of lands if it is part of the survey number showing four boundaries and ownership of adjoining land bolders Viltage--i- District Compensation Crop standing thereoa for land com- prised in col. Details Amount of Compensation Detalls of other things at tached to the earth Total Compensation payable (4+6+8) Name and address of the and extent thereof Detajls Amount of Signed by the owaer/owaers ofthe land and or the interested party/parties and the acquiring authority on behalf of the Governor.

Government Full Name Designation Witness.