Section 33A: Temporary occupation and use of land.⎯ (1) Where the Authority requires any

1[33A.Temporary occupation and use of land.⎯ (1) Where the Authority requires any land for temporary occupation and use for the purposes of this Ordinance for a period not exceeding five years, it may direct the Deputy Commissioner to take possession of the land in accordance with the provisions of this section for such occupation and use. (2) Upon a direction under sub-section (1) in respect of any land, the Deputy Commissioner shall give the persons having interest in the land notice in writing of his intention to take possession of the same for the purpose and period specified therein calling upon such persons to submit within ten days of the receipt of the notice written statements describing the nature and extent of their interest in such land. 2[(3) The Deputy Commissioner shall, after giving the person having interest in the land an opportunity of being heard, determine the compensation for the temporary occupation and use of the land at the rate at which it was rented during the preceding agricultural year and, if it was not so rented, at such rate as he may consider fair and equitable, and make an award specifying the,⎯ (a) area and description of the land; 1Added, subs. and ins. by Act No. XXII of 1966, ss. 7, 8 and 9. 2Subs. and added by Act No. I of 2026, ss. 7, 8 and 9. 3Added by Act No. III of 1999, s. 4. (b) purpose and the period for which the land is required; (c) compensation and shares therein of the persons, if there be more than one, entitled thereto; and (d) mode of compensation.] (4) After making an award under sub section (3) in respect of any land, the Deputy Commissioner may enter upon and take possession of such land for the purpose and the period specified in the notice under sub­section (2). (5) If it appears that as a result of the occupation and use as aforesaid any land proposed to be taken possession of under this section is likely to be permanently unfit for the use for which it is for the time being used and the owner applies for its acquisition under this Ordinance, the Deputy Commissioner shall report the fact to the Authority and shall, if the Authority so direct,⎯ (a) acquire the land under this Ordinance; or (b) assess the damage likely to be caused to the land and make an award for reasonable compensation for such damage; or (c) terminate the proceedings for taking possession of the land.

Effective date: 1960-01-01

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