Repealed or not in force · As amended up to 2026-08
111. The powers conferred by Act TT1 of 1857 sh& extend, in the case of ally Iload, Canal, or Itailway, to authorize the temporary Temporary occnpation and `use` of adjacent land, occupation of any land riot more than one hundred yards fi.oir1 the centre line of the Xoad, Cmlal, or Itailway as marlied on the ground, for talring earth or othel- ~llaterials for ~l~aliilrg or repairing the Road, Canal, or l<a,ilway, or for depositing thcrcon ~~q~crlluous earth or other ~nateriais, or erecting temporary buildiilgs and ~~~l.lisllops Ille~eon; and of auy land ~vhich may
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ACT NO. I1 `OP` 1861.
may be needed fur makikiag temporary Roads or Railways from any public road or anv liavigable river to the intended line of Railway - : and for the temporary occupation of any such land, and for any permaCompensation for temporary occupation andfor nent damage done by such occupation and use of the land, permanent damage. including the full value of all clay, stone, gravel, sand, and other materials taken tlience, conlpellsation shall be paid to and anlong all persons having an interest therein, to be ascertained, i11 case of disagreement, in the same manner as compensation for land permanently taken.
IV.[When the local Government shall be satisfied that in any special case ] Occupation and use of[the provisiolis of the last precedbig Section of this Act are ] adjacent land beyond the limits Tibed in preinadequate for the purpose of taking ballast or of brickceding ection. nialung, or of quarrying for building stoile or lime stone, and that it is e,qedient that land should be temporarily occupied beyond the limits prescribed in the said last preceding Section, it shall be competent to the local Government to extend the provisions of that Se'ction to any uncultivated land situated within two mile8 from the centre line of the Road, Canal, or Railway, provided that the land to be so occupied be nut worked or used by ' the owner or any other person in occupation thereof for the purpose or purposes in this Section mentionecl, at the time that `s` declaration shall be made with respect to the land aforesaid, under the provisions of Section I1 of Act VI of 1857.
V. In any case iu which the local Governmelit shall exercise the power vested in it by thc last foregoing Section, it shall be Owner may in certain cases require the land to competelit to the person or all the persons to whom cornpenbe permanently occupied. satioii would be payable, at any titne before he or they shall have agreed to the cowpensation awarded by the Collector or other Officer, or before the Collector or other Officer shall have referred the matter to arbitration, to require the land in q~~estion to be permanently talcen, and the value thereof to be mvarded in the n~anner prescribed in Sectioils V and VI of Act '\TI of 1857. Such person or persons shall i~ialsc an application in writing to thc Collector or other Officer on behalf of, Gove~nment, and on receipt thereof the Collector shall be bound to talcc tlle lallcl on belialf of Goverll~ne~it as required, or forego the tcinl~orilry occuprition of the sniue.
I This Act shall be read wit:ll and t'n.l-;c:i ns a part of .Act V1 of 1857.
Source: India Code