3. Declaration and notice that restrictions will be imposed.—(1) Whenever it appears to the 3
[Central
Government] that it is necessary to impose restrictions upon the use and enjoyment of land in the vicinity of
any work of defence or of any site intended to be used or to be acquired for any such work, in order that such
land may be kept free from buildings and other obstructions, a declaration shall be made to that effect under
the signature of a Secretary to such Government or of some officer duly authorised to certify its orders.
1. See now the Code of Civil Procedure, 1908 (5 of 1908), First Schedule, Order XXXII.
2. Ins. by Act 39 of 1965, s. 2.
3. Subs. by the A.O. 1937, for “L.G.”.
5
(2) The said declaration shall be published in the Official Gazette and shall state the district or other
territorial division in which the land is situate and the place where a sketch plan of the land, which shall be
prepared on a scale not smaller than six inches to the mile and shall distinguish the boundaries referred to in
section 7, may be inspected; and the Collector shall cause public notice of the substance of the said
declaration to be given at convenient places in the locality,
(3) The said declaration shall be conclusive proof that it is necessary to keep the land free from buildings
and other obstructions.
4. Power to do preliminary Acts after publication of notice under section 3, sub-section (2).—It shall
be lawful for such officer as the 1
[Central Government] may, by general or special order, authorise in this
behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3,
sub-section (2), to enter upon and survey and take levels of any land in such locality, to dig or bore into the
sub-soil, to do all other acts necessary to ascertain whether any and, if so, what restrictions should be imposed
on the use and enjoyment of the land, to set out the boundaries of the land upon the use and enjoyment of
which restrictions are to be imposed, or of any part of such land, 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 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.
5. Payment for damage.—The officer so authorised shall at the time of such entry pay or tender
payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the
amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief
revenue officer of the district, and such decision shall be final.
6. Further powers exercisable after publication of notice under section 3, sub-section (2).—(1)
Whenever a declaration has been made and public notice thereof has been given under section 3, it shall,
subject to the provisions of sub-sections (2) to (4), be lawful for such officer as the 1
[Central Government]
may, by general or special order, authorise in this behalf, and for his servants and workmen, to enter and
demolish any buildings or other constructions on the surface, to cut down or grub up all or any of the trees, to
remove or alter all or any of the banks, fences, hedges and ditches, to make underground and other drains, to
fill up all excavations, and demolish all buildings and other constructions below the surface, and generally to
level and clear the said land and do all such acts for levelling and clearing the same as he may deem
necessary or, proper but in such manner nevertheless that evidence of the boundaries of the lands held by
different owners may be preserved.
(2) The powers conferred by sub-section (1) shall not be exercised,—
(a) save as otherwise provided by sub-section (3), before the making of the award hereinafter referred
to in section 12, nor
(b) save as otherwise provided by sub-section (4), after the expiration of six months from the making
of the said award, or any shorter period on the expiration of which the officer exercising such powers
gives notice to the Collector that there will be no further exercise of them.
(3) In case of emergency, the 1
[Central Government] 2*** may, by notification in the Official Gazette,
declare that all or any powers conferred by sub-section (1) may be exercised at any time within six months
after the publication of the notice referred to in section 3, sub-section (2), and such powers may be exercised
accordingly, and the said notification shall be conclusive proof of emergency.
1. Subs. by the A.O. 1937, for “L.G.”.
2. The words “with the previous sanction of the G.G. in C.” omitted ibid.
6
(4) Nothing in sub-section (2) shall be deemed to preclude any such officer or his servants or workmen
from exercising at any lime the said powers for the purpose of removing, wholly or in part, any building or
other obstruction maintained, created, added to, altered, planted, stacked, stored or otherwise accumulated in
contravention of this Act or of any rule or order made there under or of any condition prescribed in
accordance therewith.
7. Restrictions.—From and after the publication of the notice mentioned in section 3, sub-section (2),
such of the following restrictions as the 1
[Central Government] may in its discretion declare therein shall
attach with reference to such land, namely:—
(a) Within an outer boundary which, except so far as is otherwise provided in section 39,
sub-section (4), may extend to a distance of two thousand yards from the crest of the outer parapet of the
work,—
(i) no variation shall be made in the ground-level, and no building, wall, bank or other
construction above the ground shall be maintained, erected, added to or altered otherwise than with
the written approval of the 2
[General Officer Commanding the District], and on such conditions, as
he may prescribe;
(ii) no wood, earth, stone, brick, gravel, sand or other material shall be stacked, stored or
otherwise accumulated:
Provided that, with the written approval of the 3
[General Officer Commanding the District] and
on such conditions as he may prescribe, road-ballast, manure and agricultural produce may be
exempted from the prohibition:
Provided also that any person having control of the land as owner, lessee or occupier shall be
bound forthwith to remove such road-ballast, manure or agricultural produce, without compensation,
on the requisition of the Commanding Officer;
(iii) no surveying operation shall be conducted otherwise than by or under the personal
supervision of a public servant duly authorised in this behalf, in the case of land under the control of
military authority, by the Commanding Officer and, in other cases, by the Collector with the
concurrence of the Commanding Officer; and
(iv) where any building, wall, bank or other construction above the ground has been permitted
under clause (i) of this sub-section to be maintaind, erected, added to or altered, repairs shall not,
without the written approval of the 2
[General Officer Commanding the District], be made with
materials different in kind from those employed in the original building, wall, bank or other
construction.
(b) Within a second boundary which may extend to a distance of one thousand yards from the crest of
the outer parapet of the work, the restrictions enumerated in clause (a) shall apply with the following
additional limitations, namely:—
(i)
4
[no building, wall, bank or other construction of permanent materials above the ground shall
be maintained otherwise than with the written approval of the General Officer Commanding the
District and on such conditions as he may prescribe, and no such building, wall bank or other
construction shall be erected:]
1. Subs. by the A.O. 1937, for “L.G.”.
2. Subs. by Act 11 of 1921, s. 3, for “General Officer Commanding the Division”.
3. Subs. by s. 3, ibid., for “General Officer Commanding the Division, District or Brigade”.
4. Subs. by Act 28 of 1940, s. 2, for certain words.
7
Provided that, with the written approval of the 1
[General Officer Commanding the District] and
on such conditions as he may prescribe, huts, fences or other constructions of wood or other
materials, easily destroyed or removed, may be maintained, erected, added to or altered:
Provided also, that any person having control of the land as owner, lessee or occupier shall be
bound forthwith to destroy or remove such huts, fences or other constructions, without compensation,
upon an order in writing signed by the 2
[General Officer Commanding the District]; and
(ii) live hedges, rows or clumps or trees or orchards shall not be maintained, planted, added to or
altered otherwise than with the written approval of the 1
[General Officer Commanding the District]
and on such conditions as he may prescribe.
(c) Within a third boundary which may extend to a distance of five hundred yards from the crest of
the outero parapet of the work, the restrictions enumerated in clauses (a) and (b) shall apply with the
following additional limitation, namely:—
no building or other construction on the surface, and no excavation, building or other
construction below the surface, shall be maintained or erected :
Provided that, with the written approval of the Commanding Officer and on such conditions as he
may prescribe, 3
[a building or other construction on the surface may be maintained and] open railings
and dry brush-wood fences may be exempted from this prohibition.
8. Land to be marked out, measured, registered and planned.—As soon as may be after the
publication of the declaration aforesaid, the Collector shall cause the land to be marked out and measured,
and shall also prepare a register and a detailed plan, which shall be on a scale not smaller than six inches to
the mile, showing accurately every building, tree and other obstruction.
9. Notice to persons interested.—(1) At any time before the expiration of—
(a) the period of eighteen months from the publication of the declaration referred to in section 3, or
(b) such other period not exceeding three years from the said publication as the 4
[Central
Government] 5*** may, by notification in the Official Gazette direct in this behalf,
the Collector shall cause public notice to be given at convenient places on or near the land, stating the effect
of the said declaration and that claims to compensation for all interests in such land affected by anything done
or ordered in pursuance of such declaration may be made to him:
Provided that, where anything has been done in exercise of the powers conferred, in case of emergency
by section 6, sub-section (3), the notice prescribed by this section shall be given as soon as may be thereafter.
(2) Such notice shall state the particulars of any damage ordered to be done or, in the case referred to in
section 6, sub-section (3), done in exercise of any of the powers conferred by the said section, and the
particulars of any restrictions attaching to the land under section 7, and shall require all persons interested in
the land to appear personally or by agent before the Collector at a time and place therein mentioned (such
time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of
their respective interests in the land and the amount and particulars of their claims to compensation for
damage to such interests and their objections (if any) to the measurements made under section 8. The
Collector may in any case require such statement to be made in writing and signed by the party or his agent.
1. Subs. by Act 11 of 1921, s. 3, for “General Officer Commanding the Division”.
2. Subs. by s. 3, ibid., for “General Officer Commanding the Division, District or Brigade”.
3. Ins. by s. 2, ibid.
4. Subs. by the A.O. 1937, for “L.G.”.
5. The words “with the previous sanction of the G.G. in C.” rep, ibid.
8
(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all
such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as
reside or have agents authorised to receive service on their behalf, within the revenue-district in which the
land is situate.
(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to
him by post in a letter addressed to him at his last known residence, address or place of business.
10. Power to require and enforce the making of statements as to names and interests.—The
Collector may also require any such person to make or deliver to him, at a time and place mentioned (such
time not being earlier than fifteen days after the date of the requisition) a statement containing, so far as may
be practicable, the name of every other person possessing any interest in the land or any part thereof as coproprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents
and profits (if any) received or receivable on account thereof for three years next preceding the date of the
statement.
11. Application of certain sections of the Indian Penal Code.—Every person required to make or
deliver a statement under section 9 or section 10 shall be deemed to be legally bound to do so within the
meaning of sections 175 and 176 of the Indian Penal Code.
12. Inquiry and award by Collector.—On the day fixed under section 9 or on any other day to which
the inquiry has been adjourned, the Collector shall proceed to inquire into the objections (if any) which any
person interested has stated pursuant to a notice given under the said section to the measurements made under
section 8, and into the decrease in the value of the land, and into the respective interests of the persons
claiming the compensation, and shall make an award under his hand of—
(a) the true area of the land and the nature of the obstructions from which the land is to be kept free;
(b) the compensation which in his opinion should be allowed for any damage caused or to be caused
under section 6 and for any restrictions imposed under section 7; and
(c) the apportionment of the said compensation among all the persons known or believed to be
interested in the land, of whom or of whose claims he has information, whether they have respectively
appeared before him or not.
13. Award of Collector when to be final.—(1) Such award shall be filed in the Collector’s office and
shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the
persons interested; whether they have respectively appeared before the Collector or not, of the true area of the
land, the nature of the said obstruction from which the land is to be kept free, the damage caused or to be
caused under section 6, the value of the rights restricted under section 7 and the apportionment of the
compensation among the persons interested.
(2) The Collector shall give immediate notice of his award to such of the persons interested as are not
present personally or by their representatives when the award is made.
14. Adjournment of inquiry.—The Collector may, for any cause he thinks fit, from time to time adjourn
the inquiry to a day to be fixed by him.
15. Power to summon and enforce attendance of witnesses and production of documents.—For the
purpose of injuries under this Act the Collector shall have power to summon and enforce the attendance of
witnesses, including the parties interested or any of them, and to compel the production of documents, by the
same means, and (so far as may be) in the same manner, as is provided in the case of a Civil Court under the
Code of Civil Procedure1
(14 of 1882).
1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
9
16. Matters to be considered and neglected.—In determining the amount of compensation, the
Collector shall be guided by the provisions contained in sections 23 and 24.
17. Supplementary proceedings.—Whenever the officer exercising powers conferred by section 6
considers it necessary that anything in respect of which any person is or may be entitled to compensation but
of which do notice has been given or compensation awarded, under sections 9 and 12, respectively, should be
done in pursuance of the said powers, the collector shall cause supplementary notice to be given, as nearly as
may be, in the manner prescribed by section 9 and subject to the limit of time imposed by sub-section (1) of
that section, and the provisions of sections 10 to 16 shall, so far as they are applicable be deemed to apply to
any further inquiry and award which may be held or made in consequence of such supplementary notice.