Urban Land (Ceiling and Regulation) Act,1976
Act No : 33
Section :
Payment of amount for vacant land acquired.
11. Payment of amount for vacant land acquired. (1) Where any vacant land is deemed to have been acquired by any State Government under sub-section (3) of section 10, such State Government shall pay to the person or persons having any interest therein,- (a) in a case where there is any income from such vacant land, an amount equal to eight and one-third times the net average annual income actually derived from such land during the period of five consecutive years immediately preceding the date of publication of the notification issued under sub- section (1) of section 10; or 207 (b) in a case where no income is derived from such vacant land, an amount calculated at a rate not exceeding- (i) ten rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category A or category B specified in Schedule I; and (ii) five rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category C. or category D specified in that Schedule. (2) The net average annual income referred to in clause (a) of sub-section (1) shall be calculated in the manner and in accordance with the principles set out in Schedule II. (3) For the purpose of clause (b) of sub-section (1), the State Government shall- (a) divide , by notification in the Official Gazette, every urban agglomeration situated within the State into different zones, having regard to the location and the general use of the land situated in an urban agglomeration, the utility of the land in that urban agglomeration for the orderly urban development thereof and such other relevant factors as the circumstances of the case may require; and (b) fix subject to the maximum rates specified in that clause, the rate per square metre of vacant land in each zone, having regard to the availability of vacant land in the zone, the trend of price rise of vacant land over a period of twenty years in the zone before the commencement of this Act, the amount invested by the Government for the development of the zone, the existing use of vacant land in the zone and such other relevant factors as the circumstances of the case may require. (4) Different rates may be fixed under clause (b) of sub-section (3) for vacant lands situated in different zones within each urban agglomeration. (5) Notwithstanding anything contained in sub-section (1) where any vacant land which is deemed to have been acquired under sub- section (3) of section 10 is held by any person under a grant, lease or other tenure from the Central Government or any State Government and-- (i) the terms of such grant, lease or other tenure do not provide for payment of any amount. to such person on the termination of such grant, lease or other tenure and the resumption of such land by the Central Government or the State Government, as the case may be; or (ii) the terms of such grant, lease or other tenure provide for payment of any amount to such person on such termination and resumption, then,- (a) in a case falling under clause (i), no amount shall be payable in respect of such vacant land under sub-section (1); and (b) in a case falling under clause (ii), the amount payable in respect of such vacant land shall be the amount payable to him under the terms of such grant, lease or other tenure on such termination and resumption or the amount payable to him under sub-section (1), whichever is less. 208 (6) Notwithstanding anything contained in sub-section (1) or sub-section (5), the amount payable under either of the said sub- sections shall, in no case, exceed two lakhs of rupees. (7) The competent authority may, by order in writing, determine the amount to be paid in accordance with the provisions of this section as also the person, or, where there are several persons interested in the land, the persons to whom it shall be paid and in what proportion, if any. (8) Before determining the amount to be paid, every person interested shall be given an opportunity to state his case as to the amount to be paid to him. (9) The competent authority shall dispose of every case for determination of the amount to be paid as expeditiously as possible and in any case within such period as may be prescribed. (10) Any claim. or liability enforceable against any vacant land which is deemed to have been acquired under sub-section (3) of section 10 may be enforced only against the amount payable under this section in respect of such land and against any other property of the owner of such land.
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