Section 1   [ View Judgements ]

Lands for embankments may be acquired under powers for acquiring land for public purposes

When it shall be necessary for any Collector to acquire land for the purpose of constructing any public embankment, or of extending or altering any embankment, the superintendence or charge whereof is vested in a servant of the Crown, the provisions of Act VI of 1857, passed by the Governor-General of India in Council, entitled "an Act for the acquisition of land for public purposes" or of any other Act for the time being in force relating to the acquisition of land for public purposes, shall extend and apply to the acquisition of such land for the purpose aforesaid, so far as the same shall be applicable;

And such Collector shall and may take and acquire such land, and assess compensation for the same, and do all other acts necessary for the acquisition thereof, by and under the powers and provisions of such Act or Acts so far as the same is or are applicable in that behalf ; but no such declarations or orders by or on behalf of Government as are mentioned in Sections 2 and 3 of the said Act VI of 1857, shall be necessary or required.

Any person to whom compensation has been awarded in respect of lands taken shall be entitled to receive the same together with interest after the rate of six per centum per annum from the time when the land was taken :

Provided that, notwithstanding anything contained in Section 7, Cluase 1, of Act XXXII of 1855 passed by the Governor-General of India in Council, entitled "An Act relating to embankments" it shall not be obligatory upon the Collector to pay to any person, nor shall any person have a right to a civil suit for the recovery of any money in respect of compensation for lands taken, where the same is payable as hereinafter provided by the persons whose lands are benefited, until and unless the Collector shall have received the same from such person.

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