Govt promulgates ordinance to amend Land Acquisition Act

NT NETWORK
Posted on 2009-03-03
PANAJI - The government on Monday promulgated an ordinance to further amend the Land Acquisition Act, 1894 (Central Act 1 of 1894).
The ordinance is deemed to have come into effect from October 15, 1964.
The government has inserted four clauses to the Section 41 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) after clause 5. The ordinance was signed by the Governor on February 28 and published in the official gazette on Monday. The clause 6 provides that notwithstanding anything contained in the judgment, decree or an order of any court, tribunal or any other authority, any development done or construction undertaken in pursuance of the agreement entered under this section between the government and the company on the basis of the statutory approvals like permissions granted by the Planning and Development Authority, Eco-Development Council, Goa Coastal Zone Management Authority, municipal council, panchayat, including renewals and deviations thereof approved and regularised, and all permissions obtained by the company and all the buildings constructed by the company and all the proceedings taken by the competent authorities to issue the licence or permission for undertaking construction, shall be deemed to have been validly done and have always been undertaken in accordance with the said agreement.
The clause 7 states that notwithstanding anything contained in the judgment, decree, or order of any court, tribunal or any other authority the appropriate government shall be at liberty to modify the agreement executed under this section between the government and the company on mutually agreed terms in furtherance of the purpose for which the land was acquired, by publication of the modified agreement in the Official Gazette, and any such modifications made in the agreement, shall come into force from the date on which the original agreement with the Company was executed under this section and any action taken or things done under the modified agreement, shall for all purposes be deemed and to have always been done or taken in accordance with the original agreement.
The clause 8 reads that notwithstanding anything contained in any judgment, decree or order of any court, tribunal or any other authority, if in any agreement entered into between the government and the company there by any clause prohibiting the company to construct any buildings or structures in the acquired land, such clause shall stand deleted with retrospective effect from October 15, 1964.
The clause 9 states that no suit or other proceeding shall be instituted, maintained or continued in any court or before any tribunal or other authority for cancellation of such permission or for demolition of buildings which were constructed after obtaining the permissions from the statutory authorities and have been validated under this section, or for questioning the validity of any action taken or things done or permission granted in pursuance of the original agreement as modified and no court shall enforce or recognise any decrees, judgment or orders declaring and such action taken or things done under the original agreement as modified, as invalid or unlawful.