The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978

What the Act governs

The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 applies throughout Tamil Nadu. It covers acquisition for schemes providing house sites, improvements or extensions to dwelling houses, burial or burning grounds, pathways to those places, and other amenities for members of the Scheduled Castes and Scheduled Tribes, described in the Act as Harijans.

The definition of land includes buildings, benefits arising from land, things attached to the earth, and things permanently fastened to them.

Who may be affected

The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 may affect:

• Owners whose land or buildings are proposed for acquisition.
• Tenants, trustees, agents, guardians and others entitled to receive rent.
• Anyone claiming an interest in the amount payable for acquired land.
• Local authorities and government owned or controlled companies or corporations that may receive and manage acquired land.

Acquisition process

The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 gives the District Collector power to acquire land considered necessary for a Harijan Welfare Scheme.

• Before acquisition, the District Collector or an authorised officer must ask the owner and other persons believed to have an interest to show why the land should not be acquired.
• If an authorised officer receives the objections, that officer reports recommendations to the District Collector.
• The District Collector considers the objections and decides whether to proceed.
• Acquisition is announced by notice in the District Gazette.
• From the date of publication, the land vests absolutely in the Government free from all encumbrances.

Amount payable and appeals

The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 entitles every person with an interest in acquired land to receive an amount.

• The amount is based on market value on the date the acquisition notice is published.
• An additional fifteen per cent of market value is awarded for the compulsory nature of the acquisition.
• The prescribed authority holds an inquiry, determines the amount and communicates its order to the owner and interested persons.
• A person who disagrees with the amount may appeal to the Court within the prescribed period.
• Disputes about entitlement or division of the amount may be referred to the Court.
• If payment is not made or deposited before possession is taken, interest is payable at six per cent per year until payment or deposit.

Use of acquired land

The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 allows the Government to manage acquired land directly, use a government owned or controlled corporation, or transfer it to a local authority or corporation. Any receiving body must carry out the welfare measures under government approved plans and directions.