Section 10A
Power of State Government to exempt certain projects: – The State Government may, in the public interest, by notification in the Andhra Pradesh Gazette, exempt any of the following projects from the application of the provisions of Chapter II and Chapter III of this Act, namely:-
10A. Power of State Government to exempt certain projects: – The State Government may, in the public interest, by notification in the Andhra Pradesh Gazette, exempt any of the following projects from the application of the provisions of Chapter II and Chapter III of this Act, namely:-
(a) such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production.
(b) rural infrastructure including electrification;
(c) affordable housing and housing for the poor people;
(d) industrial corridors set up by the State Government and its undertakings (in which case the land shall be acquired up to one kilometer on both sides of designated railway lines or roads for such industrial corridor); and
(e) infrastructure projects, including projects under public-private partnership where the ownership of the land continues to vest with the Government:
Provided that the State Government shall, before the issue of notification, ensure the extent of land for the proposed acquisition keeping in view the minimum land required for such project.‖
[Vide Andhra Pradesh Act 22 of 2018, sec. 3 (w.e.f. 1-1-2014).]
Maharashtra
After section 10 of the principal Act, the following section shall be inserted, namely:-
― 10A. Power of State Government to exempt certain projects
The State Government may, in the public interest, by notification in the Official Gazette, exempt any of the following projects from the application of the provisions of Chapter II and Chapter III of this Act, namely :-
(a) such projects vital to national security or defence of India and every part thereof, including preparation for defence or defence production ;
(b) rural infrastructure including irrigation and electrification;
(c) affordable housing and housing for the poor people ;
(d) industrial area or industrial estate set up by the State Government and its undertaking ;
(e) industrial corridor set up by the State Government and its undertaking (in which case the land shall be acquired up to one kilometre on both sides of designated railway line or roads for such industrial corridor) ; and
(f) infrastructure projects including projects under public-private partnership where the ownership of land continues to vest with the Government:
Provided that, the State Government shall, before issue of notification, ensure the extent of land for the proposed acquisition keeping in view the bare minimum land required for such project.]
[Vide Maharashtra Act 37 of 2018, sec. 3 (w.e.f. 26-4-2018).]
CHAPTER IV
NOTIFICATION AND ACQUISITION
11. Publication of preliminary notification and power of officers.–(1) Whenever, it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be published in the following manner, namely:—
(a) in the Official Gazette;
(b) in two daily newspapers circulating in the locality of such area of which one shall be in the regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabha or Sabhas at the village level, municipalities in case of municipal areas and the Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notification issued under the said sub -section in all cases of land acquisition at a meeting called especially for this purpose.
(3) The notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose involved, reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under section 43.
(4) No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such notification till such time as the proceedings under this Chapter are completed:
Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this subsection:
Provided further that any loss or injury suffered by any person due to his wilful violation of this provision shall not be made up by the Collector.
(5) After issuance of notice under sub-section (1), the Collector shall, before the issue of a declaration under section 19, undertake and complete the exercise of updating of land records as prescribed within a period of two months.
12. Preliminary survey of land and power of officers to carry out survey.–For the purposes of enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen, —
(a) to enter upon and survey and take levels of any land in such locality;
(b) to dig or bore into the sub-soil;
(c) to do all other acts necessary to ascertain whether the land is adapted for such purpose;
(d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and
(e) to mark such levels, boundaries and line by placing marks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle:
Provided that no act under clauses (a) to (e) in respect of land shall be conducted in the absence of the owner of the land or in the absence of any person authorised in writing by the owner:
Provided further that the acts specified under the first proviso may be undertaken in the absence of the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by giving a notice of at least sixty days prior to such survey:
Provided also that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.