Land Act, 1933
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Extension of the powers of the Land Commission to acquire land compulsorily. |
32.—(1) Where the Lay Commissioners certify, before the appointed day, that any land is required for the purpose of resale to the persons or bodies mentioned in section 31 of the Land Act, 1923 , as extended by this Act the Land Commission shall have and may exercise in respect of such lands all or any of the powers that they have in relation to acquiring lands for the relief of congestion. | |
(2) Where the circumstances of any land are such that if such land were acquired by the Land Commission the tenant or proprietor of such land would be entitled under this Act to require the Land Commission to provide him with a new holding, the Land Commission shall, notwithstanding anything contained in this section or in any other enactment, not acquire such land compulsorily for any purpose other than the relief of congestion or the provision of sports fields, parks, pleasure-grounds, or play-grounds, for the inhabitants of villages, towns, or cities or for schools or the provision of gardens for schools. | ||
(3) Notwithstanding anything contained in this section or in any other enactment, the Land Commission shall not acquire compulsorily for any purpose other than the relief of congestion in the same locality or the provision of sports fields, parks, pleasure-grounds, or play-grounds, for the inhabitants of villages, towns, or cities or for schools, or the provision of gardens for schools any land in respect of which the Lay Commissioners are satisfied that, having regard to the area, situation, and character of such land, the amount of congestion and unemployment existing in the district in which such land is situate and the country generally, and the desirability of increasing the production of food supplies, such land is producing an adequate amount of agricultural products and is providing an adequate amount of employment, reckoning in such employment any relatives of the tenant or proprietor of such land permanently employed on such land. | ||
(4) A certificate given under this section shall be final, subject to an appeal to the Appeal Tribunal on any question of law or of value and the decision of the Appeal Tribunal on any such question of value shall be final. |