Enquiry and award by Collector. On the day so fixed, or on any of other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, into the market value of the land on the 1st July, 1953, and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section
1 of section 4, into the value of the land at the date of the publication of the notification under sub-section 1 of section 4, and into the respective interests of the persons claiming the compensation and shall make an award under his hand of i the true are of the land ii the compensation which in his opinion should be allowed for the land and iii the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him. Vide Andhra Pradesh Act 32 of 1956, sec. 3 w.e.f. 8-11-1956 . In its application in acquisition of any land in the project area for a project purpose as defined in Visakhapatnam Steel Project Acquisition of Lands Act, 1972, i for section 11, substitute the following section, namely 11. Enquiry and award by Collector. On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector, shall proceed to enquire, into the objections, if any, which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, into the market value of the land on the 1st April, 1966 and the value of any improvements to the land effected after that date and before the date of publication of the notification under sub-section 1 of section 4, into the value of the land on the date of publication of the notification under sub-section 1 of section 4, and into the respective interests of the persons claiming the amount payable to them for the land acquired and shall make an award under his hand of i the true area of the land ii the amount which in his opinion should be determined as payable for land acquired and iii the apportionment of the said amount among all the persons or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him. Vide Andhra Pradesh Act 20 of 1972, sec. 3 2 i w.e.f. 13-11-1972 . Gujarat 1 Section 11 renumbered as sub-section 1 thereof and in sub-section 1 , so renumbered, for the proviso, substitute the following provisos, namely, Provided that no award shall be made by the Collector under this section without the previous approval of the State Government or of such superior officer as the State Government may authorise in this behalf Provided further that it shall be competent to the State Government to direct that the Collector or such class of officers specifically appointed by the State Government to perform the functions of a Collector under this Act may make such award without such approval in such class of cases as the State Government may specify in this behalf.
the true are of the land
the compensation which in his opinion should be allowed for the land and
the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him.
the true area of the land
the amount which in his opinion should be determined as payable for land acquired and
the apportionment of the said amount among all the persons or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him.
Gujarat 1 Section 11 renumbered as sub-section 1 thereof and in sub-section 1 , so renumbered, for the proviso, substitute the following provisos, namely, Provided that no award shall be made by the Collector under this section without the previous approval of the State Government or of such superior officer as the State Government may authorise in this behalf Provided further that it shall be competent to the State Government to direct that the Collector or such class of officers specifically appointed by the State Government to perform the functions of a Collector under this Act may make such award without such approval in such class of cases as the State Government may specify in this behalf.
After sub-section 1 , insert the following sub-sections, namely 2 Notwithstanding anything contained in sub-section 1 , if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appear before him are agreeable to the award which he proposes to make under this section, the Collector may, without making further enquiry, require such persons to execute an agreement in the form prescribed by the State Government and make an award according to the terms of such agreement.
The determination of compensation for any land under sub-section 2 shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.
Notwithstanding anything contained in the Indian Registration Act, 1908, no agreement made under sub-section 2 shall be liable to registration under that Act. Vide Gujarat Act 20 of 1965, sec. 10 w.e.f. 15-8-1965 . Karnataka 1 To section 11, add the following proviso, namely Provided that no such award shall be made by the Deputy Commissioner, without the previous approval of the State Government or such officer as the State Government may appoint in this behalf who, in the case of an award made by an officer below the rank of the Deputy Commissioner of a district, may be the Deputy Commissioner of the district. Vide Mysore Act 17 of 1961, sec. 14 w.e.f. 24-8-1961 .
Karnataka 1 To section 11, add the following proviso, namely Provided that no such award shall be made by the Deputy Commissioner, without the previous approval of the State Government or such officer as the State Government may appoint in this behalf who, in the case of an award made by an officer below the rank of the Deputy Commissioner of a district, may be the Deputy Commissioner of the district. Vide Mysore Act 17 of 1961, sec. 14 w.e.f. 24-8-1961 .
For the word Collector substitute Deputy Commissioner. Vide Mysore Act 17 of 1961, sec. 4 w.e.f. 24-8-1961 . Maharashtra 1 To section 11, add the following proviso, namely Provided that no award allowing compensation exceeding such amount as the State Government may by general order specify shall be made by the Collector withoutthe previous approval of the State Government or such officer as the State Government may appoint in this behalf. Vide Bombay Acts 35 of 1953, sec. 3 w.e.f. 6-6-1963 and 12 of 1958, sec. 2 w.e.f. 30-1-1958 .
Maharashtra 1 To section 11, add the following proviso, namely Provided that no award allowing compensation exceeding such amount as the State Government may by general order specify shall be made by the Collector withoutthe previous approval of the State Government or such officer as the State Government may appoint in this behalf. Vide Bombay Acts 35 of 1953, sec. 3 w.e.f. 6-6-1963 and 12 of 1958, sec. 2 w.e.f. 30-1-1958 .
In section 11, add the following, namely Save that the power of such approval shall be exercisable by the Commissioner in lieu of the State Government where an award not exceeding one lakh of rupees is made to fix compensation under the provisions of the Bombay Taluqdari Tenure Abolition Act, 1949, the Bombay Personal Inams Abolition Act, 1952, the Bombay Merged Territories Baroda Mulgiras Tenure Abolition Act, 1953, the Bombay Merged Territories and Areas Jagirs Abolition Act, 1953, and the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955. Vide Bombay Act 8 of 1958, sec. 3 4 and Notification No. TTA 1057-85416-L, dated 26th May, 1958 Bombay Government Gazette, 1958, Pt., IVB, page 538 Maharashtra Act 38 of 1964, sec. 2 f w.e.f. 7-12-1964 . Nagpur City . In section 11, the full stop at the end shall be deemed to be changed to a semicolon and the following shall be deemed to be added, namely and iv the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section 2 of section 23 as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector. The Collector may disallow, wholly or in part, costs incurred by any person, if the considers that the claim made by such person for compensation is extravagant. Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 3 w.e.f. 1-1-1937 Maharashtra Vidarbha Region A.L.O., 1956. Punjab Haryana Chandigarh. Same as that of Nagpur City under Maharashtra. Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 3. Rajasthan . In section 11, insert the following sub-sections namely 3 Notwithstanding anything contained in sub-section 1 , if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appear before him are agreeable to the award which he proposes to make under this section the Collector may, with the general or specific prior approval of the State Government without making further inquiry, require such persons to execute an agreement in the form prescribed by the State Government and make an award according to the terms of such agreement.
the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section 2 of section 23 as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector. The Collector may disallow, wholly or in part, costs incurred by any person, if the considers that the claim made by such person for compensation is extravagant. Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 3 w.e.f. 1-1-1937 Maharashtra Vidarbha Region A.L.O., 1956. Punjab Haryana Chandigarh. Same as that of Nagpur City under Maharashtra. Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 3. Rajasthan . In section 11, insert the following sub-sections namely 3 Notwithstanding anything contained in sub-section 1 , if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appear before him are agreeable to the award which he proposes to make under this section the Collector may, with the general or specific prior approval of the State Government without making further inquiry, require such persons to execute an agreement in the form prescribed by the State Government and make an award according to the terms of such agreement.
The determination of compensation of any land under sub-section 3 shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.
Notwithstanding anything contained in the Indian Registration Act, 1908 Central Act 16 of 1908 , no agreement made under this sub-section shall be liable to registration under the Act. Vide Rajasthan Act 15 of 1981, sec. 4 w.e.f. 27-6-1981 . Uttar Pradesh. In section 11, the full-stop at the end shall be deemed to be changed to a semicolon, and the following shall be deemed to be added, namely and iv the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section 2 of section 23, as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector. The Collector may disallow, wholly or in part, costs incurred by any person. If he considers that the claim made by such person for compensation is extravagant. Vide Uttar Pradesh Act 2 of 1959, sec. 376, Sch. II, para 3 Act 31 of 1966, sec. 88 . West Bengal. 1 Calcutta Improvement . In section 11, before the words make an award under his hand, insert the words after considering such evidence as may be adduced by the Board under sub-section 2 of section 50. Vide Bengal Act V of 1911, sec. 71 and Sch., as amended by West Bengal Act 32 of 1955, sec. 74 w.e.f. 20-10-1955 .
the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section 2 of section 23, as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector. The Collector may disallow, wholly or in part, costs incurred by any person. If he considers that the claim made by such person for compensation is extravagant. Vide Uttar Pradesh Act 2 of 1959, sec. 376, Sch. II, para 3 Act 31 of 1966, sec. 88 . West Bengal. 1 Calcutta Improvement . In section 11, before the words make an award under his hand, insert the words after considering such evidence as may be adduced by the Board under sub-section 2 of section 50. Vide Bengal Act V of 1911, sec. 71 and Sch., as amended by West Bengal Act 32 of 1955, sec. 74 w.e.f. 20-10-1955 .
Howrah Improvement . Same as that of Calcutta Improvement . Vide West Bengal Act 14 of 1956, sec. 3. Section 11A Gujarat After section 11, insert the following section, namely 11A. Sums payable to Government to be specified in award. If the land in respect of which an award is made under section 11 is land which, according to the terms of its tenure, is not transferable or partible by metes an bounds without the sanction of the State Government or any other competent Officer, then out of the amount of compensation awarded therefor a sum, which would have been payable to the State Government under any law for the time being in force, had the land been otherwise transferred, shall be payable to the State Government and the Collector shall specify in the award the sum so payable to the State Government. Vide Gujarat Act 20 of 1965, sec. 11 w.e.f. 15-8-1965 .
Gujarat After section 11, insert the following section, namely 11A. Sums payable to Government to be specified in award. If the land in respect of which an award is made under section 11 is land which, according to the terms of its tenure, is not transferable or partible by metes an bounds without the sanction of the State Government or any other competent Officer, then out of the amount of compensation awarded therefor a sum, which would have been payable to the State Government under any law for the time being in force, had the land been otherwise transferred, shall be payable to the State Government and the Collector shall specify in the award the sum so payable to the State Government. Vide Gujarat Act 20 of 1965, sec. 11 w.e.f. 15-8-1965 .