(Section 4)
(4) If any person against whom an order under sub-section (3) has been made directing him to vacate the land, refuses or fails to vacate the land within the time fixed by the Competent Authority, the order may be executed in the manner prescribed. | |
(5) The Competent Authority may, on an application supported by an affidavit made by any displaced person for refund of money obtained from such person by any person without lawful authority for allotment of land for unauthorised occupation, order refund of such sum as it may think lust, | |
provided that no order shall be made without giving the person against whom such claim is made an opportunity of being heard and in case the allegations are found false and frivolous may take such steps against such person as may seem fit and proper. | |
4. (1) Notwithstanding anything contained in section 3. no order under sub-section (3) of that section shall be executed if the person in respect of whom the order has been made is a displaced person who on the 31st day of December, 1950, was in unauthorised occupation of any land, until the State Government provides for him in the prescribed manner— |
Protection of displaced persons |
(a) other land which in the opinion of the Competent Authority is situated in an area from where the displaced person would be able to carry on conveniently such occupation as he may have been engaged in for earning his livelihood at the time when the Competent Authority makes the order, | |
(b) and also a house on such other land, suitable for him in the opinion of the Competent Authority, if immediately before the Competent Authority makes the order he had a house on the land. | |
and pending the providing of such other land, and house (if any), the displaced person shall be permitted to use and occupy the land and house (if any), of which he was in unauthorised occupation on payment of such consideration periodically or otherwise to the owner as the Competent Authority may by order deem fit to assess. | |
(2) The State Government, on the application of the owner of any land or of its own motion, may, if it thinks fit so to do, acquire any land or any part thereof for a public purpose. Such acquisition shall be made under the provisions of the Land Acquisition Act, 1894: | |
Provided that no land shall be acquired in pursuance of this section except with the consent of the owner thereof if the owner is entirely dependent for shelter for livelihood on such land. | |
Explanation—In construing this Act and the Land Acquisition Act, 1894, the expression "public purpose" shall be deemed to include the rehabilitation of displaced persons. |