(1) Where after the publication of a draft Regional plan, a Development or any other plan or town planning scheme, any land is required or reserved for any of the public
purposes specified in any plan or scheme under this Act at any time, the Planning Authority, Development Authority, or as the case may be, 1[any Appropriate Authority may, except as otherwise provided in section 113A] 2[acquire the land,-
(a) by agreement by paying an amount agreed to, or
(b) in lieu of any such amount, by granting the land-owner or the lessee, subject, however, to the lessee paying the lessor or depositing with the Planning Authority, Development Authority or Appropriate Authority, as the case may be, for payment to the lessor, an amount equivalent to the value of the lessors interest to be determined by any of the said Authorities concerned 3[ on the basis of the principles laid down in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013], Floor Space Index (FSI) or Transferable Development Rights (TDR) against the area of land surrendered free of cost and free from all encumbrances, and also further additional Floor Space Index or Transferable Development Rights against the development or construction of the amenity on the surrendered land at his cost, as the Final Development Control Regulations prepared in this behalf provide, or
(c) by making an application to the State Government for acquiring such land 4[under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013] ,
and the land (together with the amenity, if any so developed or constructed) so acquired by agreement or by grant of Floor Space Index or additional Floor Space Index or Transferable Development Rights under this section 5[ or under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013], as the case may be, shall vest absolutely free from all encumbrances in the Planning Authority, Development Authority, or as the case may be, any Appropriate Authority.]
(2) On receipt of such application, if the State Government is satisfied that the land specified in the application is needed for the public purpose therein specified, or 6[if the State Government (except in cases falling under section 49 7[and except as provided in section 113A)] itself is of opinion that any land included in any such plan is needed for any public purpose, it may make a declaration to that effect in the Official Gazette, 8[ in the manner provided in section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013], in respect of the said land. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section :
9[ Provided that, subject to the provisions of sub-section (4), no such declaration shall be made after the expiry of one year from the date of publication of the draft Regional Plan, Development Plan or any other Plan, or Scheme, as the case may be.]
(a) by agreement by paying an amount agreed to, or
(b) in lieu of any such amount, by granting the land-owner or the lessee, subject, however, to the lessee paying the lessor or depositing with the Planning Authority, Development Authority or Appropriate Authority, as the case may be, for payment to the lessor, an amount equivalent to the value of the lessors interest to be determined by any of the said Authorities concerned 3[ on the basis of the principles laid down in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013], Floor Space Index (FSI) or Transferable Development Rights (TDR) against the area of land surrendered free of cost and free from all encumbrances, and also further additional Floor Space Index or Transferable Development Rights against the development or construction of the amenity on the surrendered land at his cost, as the Final Development Control Regulations prepared in this behalf provide, or
(c) by making an application to the State Government for acquiring such land 4[under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013] ,
and the land (together with the amenity, if any so developed or constructed) so acquired by agreement or by grant of Floor Space Index or additional Floor Space Index or Transferable Development Rights under this section 5[ or under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013], as the case may be, shall vest absolutely free from all encumbrances in the Planning Authority, Development Authority, or as the case may be, any Appropriate Authority.]
(2) On receipt of such application, if the State Government is satisfied that the land specified in the application is needed for the public purpose therein specified, or 6[if the State Government (except in cases falling under section 49 7[and except as provided in section 113A)] itself is of opinion that any land included in any such plan is needed for any public purpose, it may make a declaration to that effect in the Official Gazette, 8[ in the manner provided in section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013], in respect of the said land. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section :
9[ Provided that, subject to the provisions of sub-section (4), no such declaration shall be made after the expiry of one year from the date of publication of the draft Regional Plan, Development Plan or any other Plan, or Scheme, as the case may be.]
1. This portion was substituted for the words " any Appropriate Authority may, acquire the land " by Mah. 21 of 1971, s. 11(1).
2. This portion was substituted and shall be deemed to have been substituted on the 25th March 1991 for the words and figures "acquire the land either by agreement or makes an application to the State Government for acquiring such land under the Land Acquisition Act, 1894" by Mah. 10 of 1994, s. 13(a).
3. These words and figures were substituted for the words and figures "on the basis of the principles laid down in the Land Acquisition Act, 1894" by Mah. 42 of 2015, s.6 (i) (a), w.e.f. 29th August 2015.
4. These words and figures were substituted for the words and figures "under the Land Acquisition Act, 1894" by Mah. 42 of 2015, s.6 (i) (b), w.e.f. 29th August 2015.
5. These words and figures were substituted for the words and figures "or under the Land Acquisition Act, 1894" by Mah. 42 of 2015, s.6 (i) (c), w.e.f. 29th August 2015.
6. These words were substituted for the words "if the State Government itself is of opinion" by Mah. 14 of 1971, s.6 (1) (a).
7. This portion was inserted by Mah. 21 of 1971, s. 11(2).
8. These words and figures were substituted for the words and figures "in the manner provided in section 6 of the Land Acquisition Act, 1894" by Mah. 42 of 2015, s.6 (ii), w.e.f. 29th August 2015.
9. This proviso was substituted by Mah. 10 of 1994, s. 13(b).
10. Sub-section (3) was substituted by Mah. 11 of 1973, s. 6.
11. This word and figures were substituted for the word and figure "section 6" by Mah. 42 of 2015, s.6 (iii) w.e.f. 29th August 2015.
12. Sub-section (4) was added by Mah. 14 of 1971, s. 6(3).
13. These words were substituted for the words "If a declaration" by Mah. 10 of 1994, s. 13(c)(i).
14. These brackets, words and figures were substituted for the brackets, words and figures "(Amendment) Act, 1970," by Mah. 10 of 1994, s. 13 (c)(ii).
15. These words and figures were substituted for the words and figures "under the Land Acquistion Act, 1894" by Mah. 42 of 2015, s.6 (iv) w.e.f. 29th August 2015.