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Section 40 – Land Acquisition Act, 1894

Land Acquisition Act, 1894


40. Previous enquiry


(1) Such consent shall not be given unless the appropriate Government be satisfied, either on the report of the Collector under Section 5A, subsection (2), or by an enquiry held as hereinafter provided, –


(a) That the purpose of the acquisition is to obtain land for the erection of dwelling-houses for workmen employed by the Company or for the provision of amenities directly connected therewith, or


(aa) That such acquisition is needed for the construction of some building or work for a company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, or


(b) That such acquisition is needed for the construction of some work and that such work is likely to prove useful to the public.


(2) Such enquiry shall be held by such officer and at such time and place, as the appropriate Government shall appoint.


(3) Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the 1[Code of Civil Procedure, 1908] (5 of 1908) in the case of Civil Court.




1. Subs by Act No. 68 of 1984 sec. 24 (w.e.f. 24-9-1984).



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Land Acquisition Act, 1894


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