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Section 42

Basis for Determination of Amount for Acquisition of Lands in Rural Areas and Other Procedure.

The Mumbai Metropolitan Region Development Authority Act, 1974.
(1) Where any land (including any building thereon) is acquired and vested in the State Government under this Chapter and it is situated in any part of the Metropolitan Region, excluding 1[Brihan Mumbai] and any area within the jurisdiction of any municipal council (in this Chapter referred to as "a rural area"), the State Government shall pay for such acquisition an amount, which shall be determined in accordance with provisions of this section.

(2) Where the amount has been determined, with the concurrence of the Authority, by agreement between the State Government and the person to whom it is payable, it shall be determined and paid in accordance with such agreement.

(3) Where no such agreement can be reached, the State Government shall refer the case to the Collector, who shall determine the amount for acquisition in accordance with the principles for determining compensation laid down in the Land Acquisition Act, 1894 (I of 1894), and the provisions of that Act (including provisions for reference to Court and appeal) shall apply thereto mutatis mutandis as if the land has been acquired and compensation had to be determined, apportioned and paid under the provisions of that Act, subject to the modifications that references in sections 23 and 24 of that Act to the date of publication of the notification under section 4, sub-section (1), were references to the date on which the notice under the proviso to sub-section (1) of section 32 is published and the references to the time or date of the publication of the declaration under section 6 were references to the date of publication of the notification under sub-section (3) of section 32 of this Act in the Official Gazette.

Explanation.- In this section, "Collector" means the Collector of a District, and includes any officers specially appointed by the State Government or by the Commissioner to perform the functions of a Collector under the Land Acquisition Act, 1894 (I of 1894).


1. These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, s. 2, Schedule, entry (2), sub-entry 17.