The Kelavarapalli Reservoir Scheme (Acquisition of Land) Act, 1987

What the Act governs

The Kelavarapalli Reservoir Scheme (Acquisition of Land) Act, 1987 applies to lands listed in its Schedule. Those lands were required for the Kelavarapalli Reservoir Scheme in Hosur taluk of Dharmapuri district, including construction of the dam and connected works.

The Act was introduced because possession of the scheduled lands had already been taken for the scheme, construction or other use had occurred, and the lands could not be returned to their owners. Earlier acquisition proceedings under the Land Acquisition Act, 1894 had also been challenged by certain interested persons in the Madras High Court.

Effect on scheduled land

The Kelavarapalli Reservoir Scheme (Acquisition of Land) Act, 1987 provides that, regardless of other laws, agreements, customs or court and tribunal orders:

• Possession of the scheduled lands by or on behalf of the Government is treated as valid, whether or not interested persons consented.
• The lands are treated as acquired for the public purpose of executing the reservoir scheme.
• Each scheduled land vests absolutely in the Government from its relevant possession date listed in the Schedule.
• The Government receives the land free from all encumbrances.

These provisions directly affect owners, leaseholders and anyone else claiming an interest in land listed in the Schedule.

Compensation and claims

The Kelavarapalli Reservoir Scheme (Acquisition of Land) Act, 1987 gives every person with an interest in scheduled land the right to receive compensation determined under the Act. A person is treated as interested if they claim an interest in the compensation, including through a lease affecting the land.

Key claim procedures include:

• A Government-authorised prescribed authority must publish notice at convenient places on or near the scheduled lands.
• The notice must describe the land and invite compensation claims for all interests.
• Interested persons may appear personally or through an agent and state the nature of their interest and the amount and particulars claimed.
• The appearance date cannot be earlier than fifteen days after publication of the notice.
• The prescribed authority may require a written and signed statement.
• Known or believed interested persons, including authorised agents residing in Dharmapuri district, must also be served with notice.

Checking whether it affects a property

A buyer, owner or professional must check whether the property appears in the Act's Schedule and identify the possession date recorded there. The supplied text was furnished by PRS Legislative Research with a warning that it was not independently verified, so the latest government publication or gazette notification should be checked before acting.