The
Land Acquisition
Act, 1894 .
(Act No. I of 1894)
1
Contents . Tire La"dAcquisitioll Act, 1894
PART.
PRELIMINARY
I. Short title, Extent and Commencement. ,.. 1 .:2. Repeal and saving 1
3. Definations.......................................................................................•.............................. 1
PART II
ACQUISITION
PRELIMINARY INVESTIGATION
4. Publication of preliminary notification and powers ofofficers ~ upon S
5. Payment fordaInage __ 5
OBJECTIONS
SA. Hearing ofobjections 6
DECLARATION
6. Declaration that land is required for a public purpose 6
7. After declaration, Collector 10 take order for acquisition 9
8. Land to be marked oul, measured and planned 9
9. Notice to person interesled ~ ~ 9
10. Power to require and enforce the making of statements as to namcs and interests 10
ENQUIRY INTO MEASUREMENTS, VALUE AND CLAIMS AND AWARD
BY THE COLLECTOR
II. Enquiry and award by Collector , 10 II A.Period within whieh an award shall be made ll
12. Award ofColiCClor when to be fmaL., 11
13. Adjournment ofenquiry , 11 13A.Correction ofclerical errors, etc ,.., 11
14. Power to summon and enforce anendance of witnesses and production ofdocuments 12
15. Maners to be considered and negiected, 12 ISA.Power to call for recorr.s, etc , 12
TAKING POSSESSION
16. Power to take possession 12
17. Special powers in cases ofurgency , 13
2
IV The land Acquisition Act, 1894
PART III
39. Previous c( agreement I
REFERENCE TO COURT AND PROCEDURE THEREON
18. Reference to coun , _ 15
40. Previous erl
19. Collector's statement 10 the court 15
41. Agreement 20. Service ofNotice _ 15
42. Publication
21. Restriction on Scope of proceedings 15
43. Sections 3S to provide I
22. Proceeding 10 be in open court 16
23. Matters to be considered in detennining compensation 16
44. How agree]
24. Matters to be neglected in detennining eompensation 17 44A.Reslrictiorl
25. Amount of compensation by court nollo be lowcr than the amount awarded by the Collector 18
44B.Land notI(
private con
26. Fonnsofawards , 18
27. tOSIs 18
28. Collector may be directed bo pay interest on excess compcnsation 18
45. Scrviccofr 28A.Rc-detennination"Of the amount of compensation on the basis of the award of the court 19
46. Penalty for
47. Magistrate
PART IV
48. ComplctiOl
APPORTIONMENT OF COMPENSATION
awarded wi
29. Particulars ofapportionment to be specified 19
49. Acquisitior
30. Dispute as 10 apportionment 19
50. Acquisitior
PART V
51. Exemption
PAYMENT
51 A.Acceptano
31. Payment of compensation or deposit of same in court 19
52. Notice in c:
32. Investment of money deposited in respect oflands belonging to persons incompetent to alienate 20
53. Code ofCi'
54. Appeals in33. Investment of money deposited in other cases 21
55. Powerto m
34. Payment of interesI. 21
PART VI
TEMPORARY OCCUPATION OF LAND
35. Temporary occupation of waste or arable land, Procedure when difference as to compensation exists 21
36. Power to entcr and take possession, and compensation on rest?ration 22
37. Difference as to condition of land 22
PART VII
ACQUISITION OF LAND FOR COMPANIES
38. Company may be authorised to enter and survey 22 38A.IndUSIriai concern to be deemed company for certain purposes 22
3
· 15
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: 15
I ..........
I.
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........... 18
:: 18
•.......... 18 .•.......... 18
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:: 19
~ 19
, 20
1' 21
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I
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'. 22
The land AcquisitIon Act. 1894 v
39. Previous consent of appropriate government and execution of ::tgreclllCnt necessary 22
40. Previous enquiry 22
41. Agreement with appropriate go emment.. 23
42. Publication ofagreemcnt 23
43. Sections 39 to 42 not to apply whcre government bound by agreement 10 provide land for companies 24
44. How agreement with railway company may be provcd 24 44A.Restriction on transfer, ctc 24
44B.l..and nollo be acquired under this Part except for certain purpose for private companies other than government companics 24
PART VIII
MISCELLANEOUS
45. Serviceofnotices 24
46. Penalty for obstructing acquisition of land 25
47. Magistrate to enforce surrender 25
48. Completion ofacquisition.llot compulsory, bUI compensation to be awarded when not completcd 25
49. Acquisition of part ofhousc or building 25
50. Acquisition of land at cost of local authority or company 26
51. Exemption from stamp-duly and fees 26
.
51 A.Acceptance ofcertified copy as cvidence 26
52 Notice in case of suits for anything done in pursuance of Act... 26
53. Code ofCivil Procudure to apply to proceedings before court 26'
54. Appeals in proceedings before court 2.6
55. PowertOlllakerules 27
.: 22
~ 22
4
•
THE LAND ACQUISITION
ACT, 1894
IAct no. I of 1894, Dated 2nd February, 18941 An Act to amend the law for the Acquisition of Land for public purposes and for the companies.
Whereas il is expedient 10 amend the law for the Acquisition of Land needed for public purposes and for companies and for dClcmimining the amount ofcompensation to be made on account of such acquisitions.
II is hereby cnacted as follows:
PARTI
PRELlJflNARY J. Short dtle, Extcnt and Commencement
(I) This Act may be called the Land Acquisition Act, 1894.
(2) It extends to the whole of India l[cxcept the State of Jammu and Kashmir].
(3) It shall come into force on the first day of March, 1894.
2. Repeal and saving {Repealed in parr by Ine Repealing ond Amending Act, /9/4 (X of19/4) seelion 3 and Schedule /I. and later ill pari by the Repealillg Act, /938 (I of /938).]
3. Definalions In this Act. unless there is something rcpugnant in the subject or context,-
(a) the expression "land" includes benefits to arise out ofland, and things attached to the canh or pennanently fastcned to anything attached to the earth. l[(aa) the expression "local authority" includes a 10wn planning au\hority (by whalever name called) set up under any law for the time being force;]
(bY the expression "person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of land under thiS Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;
(c) the expression "Collector" means theCollectorofa district, and includes a Deputy Commissioner and any officer specialty appointed by the l[ a p pro p ria t e govcrnment] 10 perform Ihc functions ofa Collector under this Act; l[lcC) the expression "corporation owned or controllcd by the Statc" mcans any body corporatc established by or undcr a Central. Provincial or Slatc Act. and includes a government company as defined in section 617 of the Companies Act. 1956, a sociely registered under the Societics Registration Act. 1860, or under any com:sponding law for the lime being in force in a Slale. being a socielY established Subs. by Act 68 or 1984. w.e.r. 24·9·1984, , 1nL by Act b8 or 1984 w.e.! 24-9-1984 3_ Subs. by the: A.LO. 1950. ror~Pro"inc:i.1 Govemmmt~.
4. AddedbYlheALO.1950
. 1
L
5
2 The Land Acquisition ACI, 1894 or administered by go\'emment and a co-operative society within the meaning of any law relating 10 co·opcrative society for the lime being in force in any Stale being a co-opcrative society in which nol less than 51% of the paid up share capital is held by the Central Government. or by any State Government or Governments, or partly by the Cenlral Government and partly by onc or more State Governments;
(d) the expression "court" means a principal civil court oforiginal jurisdiction unless the ~[approprite government] bas appointed (as it is hereby empowered to do) a special judicial officer within any specified local limits to perform the functions of the court under this Act;
(
the expression "company" means- (
(i) a company as defined in section 3 ofthc Companies Act. 1956, other than a government company reffered to in clause (cc): (g)
(ii) a society registered under the Societies Registration Act. 1860. or under any corresponding law for the time being in force in a State. other than a iety referred to in clause (cc):
(iii) a co·operative society within the meaning of any law relating to co--opcrative societies for the time being in force in any State. other than a co--operative society referred to in clause (ec);]
~[(ec) the expression "appropriate government" means. in rclation to acquisition ofland for the purpose of the Union. the Central Gove·rnment. and. in relation to acquisition of land for any other purposes. the Stale Government] '[(0 the expression "public purposc" includes--
(i) the pro,;,;on of ,iIl,ge-,ilo'. 0' the "Ion"on. pl'nned d"e1opmem 0' improvement of existing village·sites:
(ii) the provision ofland for town or rural planning;
(iii) the provision ofland for planned development ofland from publie funds in pursuance ofany scheme or policy ofgovernment and subsequent disposal thereof in whole or in part by lease. assignment or outright sale with the object of securing further development as planned:
(iv) the provision of land for a corporation owned or controlled by the State;
(v) the provision of land for reSidential purposes 10 the poor or landless or to persons residing in areas affected by natural calamities. or to persons desplaced or affected by reason of the implementation of any scheme undertaken by government. any local authority or a corporation owned or controlled by the Slate:
I. lnl. by Ace 68 of 1984 w,e.(. 24.9-19S4 l. Sub. by J
2. Subs. by ALD. 19S0. for words -Provincial OOVef1lmcnl~ J. Subs. by ACI 68 of 1984.....,e.f. 24-9-1984.
4. Addcd by ALD. 19S0.
6
The Land Al:quisition Ael. 1894 3
• (vi) the provision of land for carying out any educalional, housing. hcalth or society within the meaning of slum clearance scheme sponsored by govcrnment or by any authority itc being in force in any State established by government for carrying out any such scheme, or. with the an 5 I% of the paid up share prior approval of the appropriate government. by a local authority. or a )y any State Government or society registered under the Societies Registration Act. 1860, or under any nt and partly by one or more corresponding law for the time being in force in a State. or a eo-operalive society within the meaning of any law relating 10 co-opcrative societies for lhe lime being in force in any Statc; oforiginaljurisdiclion unless
Is hereby empowered to do) a (vii) the provision of land for any othcr scheme of devclopment sponsored by lmits to perform the functions governmcnt, or, with the prior approval of the appropriate government, by a local authority;
(viii) the provision of any premises or building for locating a public office. but docs not include acquisition of land for companies;]
npanics Act. 1956, other Ihan
(gj the following persons shall be deemed persons "cntitled to Rct" as and to the ; (ec); extent hcreinaftcr provided (that is to say)- r
gistration Act, 1860, or under
trustees for other persons beneficially intercsted shall be deemed the persons I force in a State. other than a
entitled to act with reference to any such case.. and that to the same extent as the persons beneficially interested could have acted iffrce from disability; iing of any law relating to a married woman, in cases to which the English law is applicable. shall be deemed force in any State, other than a the person so entitled to act. and. ",nether of full age or not. 10 the same extent as oj;] if she were unmarried and offull age; and
I
it relation to acquisition of land the guardians ofminors and the committees or managcrs oflunatics or idiots shall ~cmmcnL and, in relation to be deemed respcrtively the persons so entitled to act. to the same extent as the ite Government:] minors. lunatics. or idiots tbemsel\'es. If free from disability. could have actl;(i, Provided that-
sion. planned dc',dopmen! or (i) no person shall be deemed ~enlllied to act" whose mterests in the subject-matter shall be shown to the satisfaction of the Collector or Court
to be ad\'erse to the interest of the person interested for whom he ....ould omg; otherwise be entitled to act:
~nt orland from public funds in
(ii) in every such case the person interested may appear by a next friend. or. in nmen! and subsequent disposal
default of his appearance by a next friend, the Collector or Court. as the nment or outright sale with the
case may be, shall appoint a guardian for the case to act on his behalfin the planned;
conduct thereof; I
lCd or controlled by the State;
I (iii) the prOVisions of '[Order XXXI of the First Schedule to the Code ofCivil scs 10 the poor or landless or to Procudure. 1908J shall. mutatis mutandis, apply in the case of persons tural calamities, or 10 persons interested appearing before a Collector or Court by next friend. or by a 'mplcmcnt3lion of any scheme guardian for the case. in proceedings under this Act and orilY or a corporation owned or
• Sub. by ACI 68 of 19&4. w.e.r. 24·9-19S4.
7
4 Th~ Land Acquisition ACI, 1894
(iv) no person "entitled 10 aCI" shall be competent to receive the compensation-money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale.
COMMENTS
The dcfination of land includes fishery rights and things attached to the earth.- AIR 1990 P&H 326 : 1990 (I) Land LR 526: 1989 (1) LLR 634. Even under the Transfer ofPropcrty Act. the expression 'land' includes building, standing trees and crops.- AIR 1940 Sind 58 Consequence of non-compliance of certain provisions of the Act, may not nullify the acquisition. Where the provisions ofSections 3(a), 9(2), II, 13. 15-A and 23 were alleged to have been breached. it was found that the only substantive provisions which were alleged to ha ....c been violated was section IIA, the entire acquisition proceeding will lapse, but the relevant facts attracting that provision not placed on record if the award is not made: within time i.c. within 2 yean as required under Section II-A. the acquisition proceedings would • lapse. Period of two rs is to be calculated from the date of publication of declaration. Since in the prescnt petition, no substantive provision was violative. the Acquisition could not be quashed.-Ram Jiyawan v. Slate ofU.P AIR 1994 All 38.
Acquisition of fire-Wood is to be: separately assessed. While computing compensation for the land acquired, compensation for the acquired land is payable a~ to the value of the land. While computing compensation for fire-wood;t is to be separately assessed. While awarding compensation for fruit-bearing tree~. it is to be assessed along with the land.- State of Haryana v.Gurcharan Singh, AIR 1996 SC 106: 1995 (I) W (SC) 510: 1995 (1) JT 345. Payment ofSolution for acquisition ofland cannot fonn part of market value-Paymcnt of additional amount of 15% though forms part oflhe amount of compensation because under Section 23. the compensation is to consist what is provided for in sub-section (I) and the additional amount of 15% on the market value ofthe land acquired, but the compensation and markcl, valuc are distinct expressions and have been used as such in the acquisition oftbe Act and therefore, it cannot be contended that thc solatium falls the expression "Iand" within the meaning ofScction 3(a) ofAct. In a well known decision of Privy Council in Raja Vyrigherla Narayana Gajapalirajll v Rpwmue Divisional Officer. Vi=aKoparam. AIR 1939 PC 98, it was laid down tkat the market value is the pricc which a willing vendor might reason.'1blc expect to obtain from a willing purehaser. DisinClination of the vendor to part with the land and urgent necessity of the purchaser to buy must alike be disregarded and both must be: treatcd as persons dealing in the matter ofarms length and without compulsion. The key 10 the meaning of word "compensation" is to be found in Section 23(1) and that conliists (a) "market value of the land" (b) sum of 1$% on such market ....alue which is stated to be the compensation for compulsory nature of acquisition. Market value is therefore, only one of the components in the detcrmination of amount of compensation. View of the HIgh Court that rrorkct value under Section 4(3) ofAmending Act means the same thing as compensation and includes the amount 15% under Section 23(2) not acccptcd-
Union ofIndia v. Ram Mehar. AIR 1973 SC 305, /973(1) SCR 710: 1973 (I) SCC 109. Under the la'll
co-operative sod
question is being
Sueh person or tb
compensation is
defend or defenc
VItiated by fraud.
wnl petlt;on a~
disciplinary enqu
sec 821. Ow!r
(Land Acqltisitio
4. Publlcatjoll
(I) Whcne nceded or ;s like that effect shall I in that locality 0 cause publk no1 the said locality being hcreinan~
(2) ThcfCl by such govem. Provided tI attached to a previously giv Subs. by Al
2 Uu;. by Act I
8
• competent to receive the for whom he is lntilled to act, :nate the land and receive and ;Y on a voluntary sale. ached to the earth.- AIR 1990 ,ndcr the Transfer of Property I crops.-AIR 1940 Sind 58 lIlc Act, may not nullify the I, IS-Aand 23 were alleged to visions which were alleged to roceeding will lapse, but the 'the award is not made within cquisition proceedings would of publication of declaration. )]alivc. the Acquisition could : computing compensation for lie as 10 the value oflhc land. tely assessed. While awarding long with the land.- State of (SC) 5/0, /995 (2) JT 345. It of market valuc-Paymerit of i compensation because under for in sub-section (I) and the (lCd, but the compensation and ch in the acquisition ofthc Act e expression "land" within the Ivy Council in Raja Vyrigherla Jatam, AIR 1939 PC 98, il was dor might reasonable cxpccllO o part with the land and urgent I and both must be treated as ulsion. The key to the meaning It cOll!iists (a) "market value of cd 10 be the compensation for cmly one of the components in High Court that market value Compensation and includes the la v. Ram Mehar. AIR 1973 SC
,
,11Ie Land Acquisillon ACI. 1894 Under the law the beneficiary like local authority or company, or a local authority or co--operati\e society registered under the relevant State law. for whose benefit the land in question is being acquired. is a person interested to determme just and proper compensation. Such person or the beneficiary has the right to be heard by the Collector or the Court. Ifthc compensation is enhanced. ;1 is entitled to canvass a correctness by finding and appeal 0 defend or defend the award of the Collector. When the a....'3rd made under Section II :
vitiated by fr,lUd. collusion or corruption. the beneficiary will be entitled to challenge it in th writ petition apnrt from the seuled law that the conduct of the Collector is amendable t. disciplinary enquiry and appropriate action.-
AIR 1990 Mad. 160 (FBI. Reversed and 197(1; sec 821. Overruled: Mls_ NeYl'e/y Lignite Corporalioll Ltd. v. Special Tahsildor (Land Acquisition) NeYl'd>~ AIR 1995 SC 1004: 1994 (4) Scale 1/19: /995(1) sec 21/.
PART II
ACQUISITION
PRELIMINARY If\VESTICATION
4. Publieatioll of preIi minar)' notification and po"ers orofficen thereupon
(I) Whef)C\cr it appears to the l[approprialc go\'emment] that land in any locality is nceded or is likely to be needed for any public purpose ?[or for II company]. a notification to that effect ~hllll be published in the Official Gazette l(and in two daily newspapers circulating in tlmtlocality of which alleast one shall be in the regional lnnguagc] and the Collector shall cause public notice oflhe substance ohuch notification to be givcn at convenient places in the said locality J(lIle last ofthe dates ofsuch publication and the giving ofsuch public notice, being hereinafter referrcd to as the date oflhe publication of the notification)].
(2) Thereupon it shall be lnwful for any officer, ~ther generally or specially authorised by such government in this behalf. and for his servants and workmen.· to enter upon ilnd survey and take levels of any land in such locality; to dig or bore mlO the sub-soil:
to do all other acts f1CCcssary to ascertain .... hcthcr the land is adapted for such purpose
to bet out the boundaries oft1le land proposcd to be taken and the intended line of the work (if any) proposed to be made thereon~
to mark such levels. boundaries and line by placing marks and cutting trenches; and.
where otherwise the l'urvey cannot be completed and the levels taken and the boundaries and line marked. to cut down and clear away any part ofany standing crop. fence or jungle:
Provided thai no pcn;on shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least scltien days notice in .....Titting ofhis intention 10 do so. I Subs. by ALO. 19~. for woNs -Pro'lmo;i;al GO'l~rnm~"C
2 Ins. by Act NI of 1984 .... d. 24-9·' '1M
9
r
• The Land AcquisitionAet. 1894 S. Payment for damage
The officer so authorised shall at the time of such entry payor tender payment for all necessary damage to be done as aforesaid. and. in case ofdispute as to the sufficiency ofthc Provid~
amount so paid or tendered. he shall at once refer the dispute to the decision of Collector or awarded for other Chief Revenue Officer of the district, and such decision shall be final. revenues or SA. Hearing of obj«tions II Expll
(J) Any person interested in any land which has been notified under section 4, su~SC'Ction period durirl (1), as being nceded or likely to be nceded for a public purpose: or for a company may. issued UndCI '(within thirty days from the dale of the publication of the notification]. object to the Explal acquisition of the land or ofaoy land in the locality, as the case may be. out oftbe fw
(2) Every objection under sub-section (I) shall be made to the Collector in writing. and deemed to b the Collector shall give the objector an opportunity of being heard I[in person or by any (2) '[I person authorised by him in this behall1. or by pleader and shall. ufter hearing all such newpapers ( objections and after making such further inquiry, If any, as he thinks necessary, ~[either make in the regio. a report in respect of the land which has been notified under section 4. sub-section (I). or dcclamtion make different reports in respect ofdifferent parcelsofsuch land. to the appropriate government. publication containing his recommendation on the objections. together with the record ofthe proceedings the publica! held by him. for the decision ofthat government). The dccis~1I ofthe J[appropriate govcmmcn), territorial d on the objections shall be final. approximab
(3) For the purposes of this section•• person shall be deemed to be interested in land plan may be who would be entitled to claim an interest in compensation if the land wen: acquired under (J)Tb this Act]. purpose: or
DECLARATION t[ appropri.
6. Declaration that land is required for a public: purpost
(I) Subject to the provisions of Part VII ofthisAel.., when the '[appropriate go\'cmment] Section
is satisfied. after considering the report. if any, made under section SA, !lub-section (2). that wholly or p
any particular land is needed for a public purpose. or for a company. a dcelamtion shall be authority. Tmade to that effect under the signature of a Secretary to such government or ofsome officer for making
duly authorised 10 certify its orders·( and different dcclaration.c; may be made from lime to The purlime in respect of different parcels of any land covered by the same notification under seclion public pul'Jl4, sub-section (I), irrespective of whether one report or different reports has or have been under Sectmade (wherever required) under section SA, sub-section (2)]:
proceeding'[ Provided that no declaration in respect of any particular hind covered by a is malic lu
notification under section 4. sub-section (I ):-
nothingmo
(i) published after the commencemcnr ofthc Land Acquisition (Amendment owner, but and Validation) Ordinance. 1967 (I of 1967). but before the possession. conuncncemcnt'ofthc land Acquisition (Arncndmcnt)Ael.., 1984. shall be the notifica made after the expiry of three years from the dale of the publication of Coun till h the notification; or J966ALL.
l. Sub by ACI 61 of 1984. w.c-( 24-9-1984 I 24·9.19
2. SubJ.byAce 13 of 1961. w.e.f. 12-4·1961
3. SubJ. by the ALO 1950 for -..-OnI:S ~Pro\inc ..1Cio\~~ 2 Ins. by I
4. 1",- byAce l) of 1961.....d. 12-4·1961. 3. s..b&. b) S. Ins. by ACI 61 of t934. w.e.f.24.9·19S4. 4 ~b) 6. 29·1.1961.
1. 24-9-1914.
10
Iy or tender paymenl for all e as 10 the sufficiency of lhe the decision ofCol1«tor or iall be final.
i under section 4. sub-section ose or for a company may. notification). object to the rnay be.
the Coll«tor in writing. and 'IC1lrd '[in person or by any ;hall. after hearing all such nks necessary, :[eithcr make ection 4. sub-section (1 J. or
•the appropriate govcmmcnt. he record of the proceedings he J[appropriate govcmmcn). med to be interested in land lC land were acquired under Ie J[appropriate government) ion SA. sub-section (2). that 1p8J1y. a dcclal'Oltion shall be ~emmcnt or of some officer 5 may be made: from time to TIC notification under section :nt reports has or have been Irtieular land covered by a mdAcquisition (Amendment [If 1967). but before the ICndment)AeL 1984. shall be )C dale of the publication of The Land Acquisition ACL 1894
(ii) published after the commencement' ofthe Land Acquisition (Amendment) Act. 1984, shall be made: after the: e:xpiry of one year (rom the dale of the publication of the notifications:
Provided funher that no such declaration shall be made: unless the compensation to be awarded for sueh property is to be paid by a company. or wholly or partly out of public revenues or some fund controlled or managed by a local authority,] II ExplanaCion I: In computing any of the periods referred to in the firsl prosivo, the period during which any action or proceeding to be taken in pursuance: of the notification issued under section 4. sub-section (I). is stayed by an order ofa court shall be excluded. Explanation 2: Where the compensation to be awarded for such property is to be paid out ofthe fundsofa corporation owned orcontrolleJ by the State. such compensation shall be decmed 10 be compensation paid out of public revenues.]
(2) l[Every decla.-oItion] shall be published in the Official Gazette.' [and in two daily ncwpapers circulating in the locality in which the land is situate of which at least one shall ~ in the n:gionnllangU:l.ge. lind the Collector shall cause public notice of the substance of such declaration to be given at convenient places in the said locality (the last of the dates of such publicalion and the giving of such public notice. being hereinafter ~ferred to as the date of the publication of the declaration). and such declaration shall state] the district or other territorial division in which the land is situate, the purpose for which it is needed. its approximate area. and. where a plan shall have been made ofthc land. the place where such plan muy be inspected.
(3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a company. as the case may be; and. after making such dcx:laration. the .( appropriate govemment] may acquire thc land in a manner hereinafter appearing.
COMMENTS
Section 6 obliges thott the funds for the acquisition to be paid eithet by the company wholly or panly (rom public revenues. or (rom some funds controlled or managed by local authority. The section however d~ not make deposil ofcompensation a condition p~edent for malting ofa dcclaralion.-l.I. K. PoJmadw v. State ofKerolo. AIR /991 Ker /58. The purpose of notification under SectiOl16 is to declare the requirements oflhc land for public purpose. foc the Government or for a company. however. by issuance of notification under Section 6. right of a person in the lund arc not extinguished unless some other proceedings under the ACI arc taken. The effcctofthis notification would be that a declaration is made 10 the effect thai land is needed either for a public purpose or for a company and nothing more. Though such notifications arc nceded and to a limited extent affect rights oflhe owner. but it offers no impediment with the righls of the property for keeping that land in his possession. A decision cannot be claimed if he docs not lake steps soon after publication of tbe notification. The persons whose land is being acquired. cun wait before approaching the COUr1 till his tille is extinguished and vcsted in tbe State.- Doll DoI'O/ v. Statf! ofU.P AIR /966 ALL 137: 1965 ALL U 1111
I 24-9-1984.
2 Ins. by Act 61 of 1n4. W.Lf. 24-.,..19&4. J Subs.. by Act tJ 0( 1967. ror ..."ORIs "The \kcl:ataliun~. w.('.r. 12-4·t967.
4 Subs. by ALO t950. ror words ~Pmvinci:ll Gu--.:m,nmC
7
8 The Land AcquisiUoIl Act. 1894 Compulsory acqUIsition and its validity. Once the declaration of existence of the public purpose is made under Section 6. the declaration becomes conclusive by force of statue. The only way in \\
One oft~ co--ov. ners can challenge the a ulsition of the land and the other Co-O'NflCfS may be satisfied With the acquisition and ask for compensation and also for enhancement of the same. Where only co-ownership ofcoparcenery was claimed. however. lhere could be no eoparcenery in the presence of the father between the brothers only by excluding the falher. One co--owner may challenge the acquisition whereas the others may be satisfied with such acquisition it 'was clear from the provision ofScction 18 that the person interested in order to enable him to seek the remedy of reference can do so only if he does nOI accept thc a\.\o'ard'or accepting Ihc claim under protcst since once the compensatIon is accepted such person may lose his right of reference under Section 18.-A~hwaniKumar Dlrillgra v. Slate a/Punjab, AIR 1991 SC 974' 1991(1)JT 353: 1992(2) sec 591: /992(1) UJ ((SO 780,' 1991(lJ SCR 39:
1991(1) Scale 555. 199Z0) Cur. ce 587.
Acquisition of the land for a comp:lny.The notification v..as ch~l1enged on the ground that consent of Ihe State Government was not obtained and no agleemcnt was cltecuted as required under Section 41. However. there ""'as no material to show lhal there was any violation of Rule 3 or 4. Whe~ the notification under Section 4 and 6 was issued for acquisition for a company and the 1>3mc was challenged on the ground that ncilhcr consent of the State Government was obtained nor the company llccffied to hove executed agreement. it was nevcr stllh,,"d that provisions of Rule) hal'e been contravened In such circumstances it cannot be said that thc~ was no compliance of Rul~ 3 and 4· MI.~ Larsen and Toubro Ltd etc. v. Slale ofGujarat. AIR /998 SC /608.
Acquisition ofland and publication ofnotilic3tl0n-Nolilicall0n puhlished in the District Gazelle instead ofOfficial Gazcueasainsl which the objl"Ction raised for the first time before the High Court by raiyats as well as by the Company having no locus standi· The respondent company for which acquisition made already derosiled huge amount towards compen.-.atlon. The acquisition proceedings cannot be quashed on the basis of highly technical objections. The main objection thai the notification under Section 6 has nOI been published in the Official Gazelle and W8S published only in the District Gazette· That the objection being highly technically not allowed to be raised specifically when the same was sought for the first tlll1C in the High Coun.- MIs IHzste Producrs Rf'Claimar Pl·t. LId. \' M/~. Sharar Coking Cool LJd. /993 SlIppl. (2) SCC 358- 1993(/) UJ (SC) 506: 19f13(J) Scale 738' /993 (I) cce 554. Tho La.
IIlIerprcl8tion ofprovision ofSection I
for acquiSitIon should be paid either by th
from some fund controlled or manage
compensation and not to time ofdeposil -
appellant. the words should have been •
deposit of compensation is not a conditi!
6.- Lt. K. Ladmadas \'. Slate afKerala. A
Polieyofthc State not to acquire ofre
just because the propeny belongs to re
Shreekshelra v. Collector: Purl, AIR J9S
Acquisilion chal1angcd on the groun(
the land had escalated· It was however
delay and therefore. pendency ofjudicia
due to escalation in prices notification h
proceedings cannot be made a ground to
the notification issued under Section 4~
K(·rala. /997 (3) Supreme 337,
7. After dec:larallon. Collec:tor to ta Whcnever any land shall have been l company. the l[approprialc governmen government] in this behalf. shall direct land.
8. Land 10 be marked out, measure The Collector shull thereupon cause section 4). to be markcd out. He shall I made thereof. a plan tu be made of the
9. Notice to persons Inler"ted
(I) The Collector shallthcn cauS( ncar the land to be IlIkcn, stating that II and thai claims to compensation for all
(2) Such noticc shall state the pa persons interested in the land to appeal and place therein mentioned (such tim publil,;atioll of the notice). and to state the amount and particulars of their c objections (ifany) to the mcasurcn~nll require such statement to be nklde in ...
(3) The Collector shall also seN such land and on all such persons Imo to act for persons so interested. as re lheir behalf. within the revcnue di:mie 1_ Sub. by ALO 11J~ f<)l' wurds ·Pruvil'l;l.Il
12
i
• lition Act. 1894 e the declaration of existence of the public becomes conclusive by force of statue. The Iy proving that what in law was regarded as acquisition is found to be perfectly valid it : possibility of some land being surplus or was acquired could operate retrospectively l. • K.1I. Srivivasan v. State oJMysorf!. AIR /993(J)ALT. /50.
lfthc Government-When the Government is mdcr Section 5-A Ihal a particular land was on under Section 6 can be issued. However. compulsory acquisition could be declared public purpose other than theonc stated in
"SIOle ofPUI/jab. AIR /968 Del. 97 alld sec 800: 1976(/) SCR 875: AIR /977 SC isition of the land and the other co-.owners compensation and also for enhancement of ry was claimed. however. there could be no llhc brothers only by excluding the father. ~reas the others may be satisfied with such ion 18 that the person interested in ordcr to I so only ifhe docs not acecpt the award or :ompcnsation is accepted such perSOll may 'Oni Kumar Dhingra v. SJateofPunjab, AIR ': /992(/) UJ ((SO 780.' /992(2) SCR 39:
iiliealion was challenged on the ground that tined and no agreement was executed as no malerinl to show thi!t there was any m under Section 4 and 6 was issued for cngcd on the ground that neither consent of any !>cerncd to have executed agreement, it >cen contravened. In such circumstances it .ules 3 and 4M Mis. Larsen and Toubro Lid. ation-Notifiei,ltion published in the District the objection raised for the first time before lny having no locus standi- The respondent ositcd huge amount towards compensation. tin the basis of highly teehnic:!1 objections. :(lOn 6 has not bcenpublished in thc Official Gazette- That the objection being highly 'hen the same was sought for the first time in
. Pvt. Lid. I'. MA Sharat Coking Coo/ Lid. 19Y3(i) Scale 738: /993 (/) CCC 554. -~--.,...--
,The Land Acqui~ition Act, 1894 Interpretation of provision ofSection 6- The provisions ofSection 6 obliges that the funds for acquisition should be paid cither by the company wholly or partly from public revenue or from some fund controlled or managed by a local authority and refers to source of compensation and not to time ofdeposit - In case, there is any validity in the contention Qfthe appellant, the words should have been 'has been paid' and not 'is to be paid'. Making of deposit of compensation is not a condition precedent for mllking declar--,ttioll under Section 6.-
Lt. K. Ladll/ados v. Statt: ofKern/a. A/R /992 Kt:r. J58. Policy of the State not to acquire ofreligious saneity that such acquisition will not be void just because the property belongs to religious institution.- Jagananalh Mahuprabhu Bije • ShreeksheJra II. Col/ector; PI/ri. AIR /995 Ori. 56,
Acquisition challanged on the ground thnt due to delay in disposal of the malter prices of the land had escalnted - It was however found thai the petitioner himself was liable for the delay and therefore. pendency ofjudicial proceeding could not be made a ground to say that due to escalation in prices notification had become bad in law. Tile pendency oflhejudicial proceedings callnot be made a ground to say that in the process due to the escalation in prkes the notification isslled under Section 4( I) had become bad in law-Kalft/enkuuy,v. State of Kera/a. 1997 (3) Supreme 337.
7. After declaration, Collector to take order for llcquisitlon Whenever any land shall have been so declared to be needed for a public purpose or for a company, the '[appropriate government] or some otTicial authorised by the I[appropriate government] in this behalf, shall direct the Collector to take order for the acquisition of the land.
8. Land to be marked out. measured lind planned The Collector shall thereupon' cause The" land (unless it has been already marked out under section 4). to be marked out. He shall also cause it to be measured, and ifno plan has been made thereof. a plantu be made of the same.
9. Notice to persons Interested
(I) The Collector shall then cause public notice to be given at convenient places on or ncar the land to be taken, stating that the govemment intends to take possession oftbe land. and that claims to compensation for all interests in such land may be made to him.
. (2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personnaly or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fineen days after the date of publication of the nOlice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compenS
(3) The Collector shall also serve notice to the same effect on the occupier (Ifuny of such land and on all such persons known or believed to be interested thcirin. or to be entitled to aet for persons so interested, as reside. or have agents authorised to receive scrvic..: un their behalf, within the revenue district in which the land is situate).
I. Sub. by A.LO 1950 for words 'Pruvirod:ll Go\·emnu:nt .
13
10 The Land Acquisilton Act. 1894
(4) In case any person so interested resides elsewhere. and has no such agent. the notice shall be sent to him by post in a letter addressed 10 him at his last known residence address or place of business and 1[ registered under sections 28 and 29 ofthc Indian Post Office Act. 1898).
10. Power to r~ulre and endorc:e tbe making oht.leaneals .s 10 Dames and interests
(I) The Collector may also require any such person to make or deliver to him, at • time and place mentioned (such time not being earlier than finen days after the date of the requisition), a statement containing. so far as may be: practicable. the name of every other person pos~ing any interest in the land or any part thereofas co-proprietor. sub-proprietor. mortgagee. lcnant or othcrv...ise. and oflhe nature of such interest. and orlhe rents and profits (if any) received or receivable on oceunt thereof for three years next preceding the date of the statement.
(2) Every person requimt to make or deliver. statement under this section or s«tion 9 shall be deemed to I¥= legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860).
ENQUIRY INTO MEASUREMENTS. VALUE AND CLAIMS AND AWARD
BY THE COLLECTOR
t. Enquiry apd Ilwar4 b)' Collector :r( I) On the day so lixed. or on any other day to which the enquiry has been adjourned. the Collector shall proceed to enquire into the objections (ifany) which any person interested ha.o; stated pUNuant to a notice given under section 'J to the measurements made under section
8. and into the value of the land at the date ofthe' publication of tile notific.tion under section 4, sub-section (I), and into the respective interests of the Wrsons claiming the: eompenstion and shall make an award under his hand of;-
(i) the true area of the land;
(ii) the compensation which in his opinion should be allowed for the land; and
(iii) the apportionment oftlle said compensation among all the persons known or believed to be interested in the land. of whom, or ofwhosc claims. he has informtltioo. whether or ootthey have respectivcly appeared before him:
l(Provided that no award shall be nude by the Collector under this sub-seclion without the previous approval of the app'ropriate government or of such officer ..0; the appropriate government may authorised in this behalf:
Provided funher that it shall be competent for the appropriate govemmentlo dircctlhat the Collector may make such ilward without such approval in such class of caliCl: al: the appropriate government may specify in this behalf.)
l[(2) Notwithstanding anything contained in sub-seclion (I). if at any stage of the procca1ings. the Collcctor is satisfied that allthc persons intttCSted in the land '" ho .ppearro before him have agreed in writing on the malters to be included in the award ofthc Collector in the fonn prescribed by rules made by the appropriate government. he may. without making further enquiry, nmke an award according to the tern,s ofsueh agreement.
I. Subs. hy Act 6K of t984, .....d. 24-9·1'1114.
2. fuiJtinr. lO."\iun n.."fKImberin. u subs. (II IhaaKoy Al."\ 611 uf 19M J. I.... oy N.."\ 6lI of t984. w.tr. 24-9-19114.
(3) The any wuy cfTCCl c1~whcrc in
(4) Not' agrcc:mcnlm 'IliA. Perio The Col
the date of tt entire proce~ Provide
commcncem
within. peri Esp.....
during whie stayed by an
12. Award
(I) SUI
provided. be whether the value ofthc
(2) Th interested a
13. Adjoul TbcO,
a day to be IIIJA. Cor
(I) n award. or , before the r the award, person inte Provid
I1\llde unlet III the matI!
(2) 11
all the pen
(3) \I correction refunded a arrear of I, I, 1m. by
14
1894
i and has no such agent, the notice 5lasl known residence address or 'the Indian Post Office Act. 1898}. ifnts as to names and iDleresis make or deliver to him, at a lime men days after the date of the licablc. the name of every other 1as co-proprietor. sub-proprietor. lerest. and oflhc rents and profits years next preceding the date of ~I under this seclion or section 9 aning of sections 175 and 176 of
D CLAIMS ANO AWARD
the enquiry has been adjourned. 'any) which any person interested [lC8surclllCnts made under seclion 1oflhc nOlification under section crsons claiming the compcnstion iOuld be allowed for the land; and ~on among all the persons known of whom. or of whose claims. he rcspI.'Ctivc1y appeared before him:
or under this sub-section without ~ such officer as the appropriate upriatc government 10 direct that val in such class of cases as thc ction (I). if at any stage of thc Ilcrested in thc land who appeared Jded in the award of the Collector (emment he may, without making ueh agreement.
The Land Acquisition Act. 1894
(3) The detennination of compensation for any land under sub-section (2) shall not. in any way effect the detennination ofcompensation in respect ofother lands in the same locality or elsewhere in accordance with the provisions of this Act.
(4) Notwithstanding anything contained in the Registration Act. 1908 (16 of 1908), no agreement made under sub-section (2) shall be liable to registration under that Act.] IIIlA. Period within which an award shall be made
The Collcctor shall make an award under section II within a (lCriod of two years from the date of the publication of the declaration and ifno award is made within that period. the entire proceedings for the acquisition ofthc land shall lapse:
Provided that in a case where thc said declaration has been published before the commencement of the Land Acquisition (Amendment) Act. 1984. the award shall be made within a period of two years from such commencements.
Explanation: In computing the period of two years referred to in this section. the period during which any action or proceeding to be taken in pursuance of the s..'lid declaration is stayed by an order ofa court shall be excluded.]
12. Award of Coiledor when to be final.
(I) Such award shall be filed in the Collector's office and shall. except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested. whether thCy have respectively appeared before the Collector or not. of the true area and value of the land. and the al'portionOlent of the compensation among the person interested.
(2) The Collector shall give immediate notice of his award to such of lhe persons interested as are not present personally or by their representatives when the award is made.
13. Adjournment of enquiry The Collector may, for any cause he thinks fit. frOl;' time to time, adjoum the enquir:i to a day to be fixed by him.
'IIJA. Correction of cleric.1 errors. etc.
(I) The Collector may. at any time but not later than six months from the date of the award. or where he has been required under section 18 10 make a reference to the court, before the making ofsuch reference, by order. correct any clerical or arithmetical mistakes in the award or errors arising therein either on his own motion or all the application of any person interested or a local authority:
Provided that no correction which is likely to affect prejudicially any person shalt be made unless such person has hccn given a reasonable opportunity of making a representation in the matter.
(2) The Collector shall give immediate notice of any corrections made in the award to all the persons interested.
(3) Where anyexces.<; amount is proved to have been paid to any person as a result of the correction made under sub-section (I), the excess amount so paid shaJ1 be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered as an arrear of land revenue.}
...
I. Ins. brAct 68 or 1984. w.(.[ 24·9·19114.
II
,
12 The Land Acquisition Act. 1894 '4. Power losununon and enforce at1endaneeo(\\ilnesses lind production ofdocumtnts Acqus For the purpose of enquires under thi .. Act the ColIC("tor shall haH~ po.....er 10 sununon between IS and enforce th(" nucnda...cc of wilhncs..... im:ludmg the panics interested or any of them. and the award r 10 compel the production of dO\:umcntl> by the same means, and (~rar as may be ) in the ofnotificat sallle manner as is provided in the cose of 1I. civil court under the Aflatoom ( I[ Code ofCivil Procudurc. 1908]. decided ill
CO)Ii\1[~ TS reference I
Civil Coun has no jw-isdiction to make amendment ur alter Its decree made under mandatory Section 26(2) cxccp' clerical mIstake. Decree ha\'ing been made under Section 26(2), the Seclionll Civil COlirt was left to correct only clerical or arithmetical mistake under section I)·A of the condones Act or under Section 152. CPC. The Civil Court hm. inherent lack ofjurisdiction and devoid mandale te ofpower to entertain the application to aW"drd additiol131 benefits under the UlllCnded provisions. deciaratiOl -StuteojMaharashtru v. Maharllu SrU"'UII Hutk. 1995(3jSeC 316: 1995(lJJT581: /995(1) proccedinl Scale 100: 1995(1i Cur. ex 614 1995(3) SCJ /17, the Court
.15. Mattco: 10 be consldc...ed .:lond neglected the award
In determining the amount of compensalion. the Collector shall be guided by the II/dian alii provisions contained in sections 23 and 24. Scale 906.
'11 SA. POl\c", to..cal! fo.... rccoros. etl:.
17. Sped T~ appropliale go.>\il,.'m."1ent may al any time before the award is made by the Collector UJ'I(!crscttion II call for any rccon:I ofanypnx:ccdin~(whcthcrbY1,l.'l.yofenquiryorothcrwisc) (I) I, for the purpose ofsatisfying ilSClfas to the legality or propriety ofany finding or order passed though ne or as to the regularity of such proceedings and may pass such urdcr or issue such direction in publieati c relation thereto as it may think fil: needed fOI
Provided that the appropriate government shall not pass or issue any order or direction from all el prejudicial to any person without affording such person a reasonable apportunity of
(2) \being heard.] othcrunfo TAKING POSSESSION the immed 16. Po,", er to take posscSlilon making th When the Collector has made an award under section II. he may take possession oflhc access to I land. which shall thereupon vest absolutely in lhe gO\iemmcnt. free from all encumbrances. the imme< COM~IEN"S
pcrtainm,Possession taken aller passing of Ihe award. according to proposed scheme for Collectoracquisition ofthe tano- Writ pelition filed thereafter challenging the acquisilion orthe land and with II-Held, the writ petitIon will be liable to be dismissed on the ground of delay and lacheli. No of such Iobjcction was raised hy the claimants a~aillst the proposed seheme of acquisition and the .11 t:lICUlll award became final and possession also taken, the wnt pelltion filed thereafter ellallcnging the acquisition ofthe land 1,l.'l.5 liable to be dismissed on the ground oflaehes. The High Court Provi has no doubt diSf,;rctionary powers under Miele 226 of the Constititution. 10 quash the noti- under this fication unoer section 4 and declur:Jtion under section 6 but It should be exerCised taking all of his inle relevant factors into eOl1siderdtiOll.-
Municipal Corpora/iall oj Crealer Bombay v. The occupier Indus/rlOl Dewloplllenl Co. Pvt. Ltd. AIR 1997 SC 481: 1996 (X) JT 16: 1996(7) Supreme unnccessa 16: 1996(11) sec 501: 1996(6) Scale 179' 1996(1) Cllr. CC 198' 1996(3) SCJ 186.
I. Sl.lb. by Act 68 of 19&4
2. Inl. by ACI 68 of 1984. w.e.( 24·9·19&4. Sub. b
16
1894
es and pr::oduC'lion ofdfKumenls :Ior shall have power to summon es interested or any of them. and 5, and (so far as may be ) in the a civil cour! under the or alter its decree made under n made under Section 26(2), the nistakc under section I3·A oflhc nl lack ofjurisdiction and devoid fits under the amended provisions. CC 3/6: /995f1JJT581: /995(2) ollector shall be guided by It.e Ie award is made by the Collector leT by way ofenquiry orotherwise) ety orallY finding or order passed ~h order or issue such direction in 5S or issue any order or direction :m a reasonable apportunity of II, he may take possession of the lent. free from all encumbrances. >rding 10 proj'Oscd scheme for Jenging the acquisition of the land 1C ground of delay and laches. No wscheme of acquisition and the 'tllion filed thereafter challenging ground of laches. The High Court : Constititution. to quash the noti· It It should be exercised laking all llion of Greater Bombay \'. Th~ 1996 (8) JT 16.. 199M7} Supreme CC 398' /996/31 SO 186. The Land AcquiSition Act, 1894 Acqusition of land and payment of compensation - Where notification was issued between 1959 and 1965 and declaration under Section 6 made between 1966 and 1969 and the award made in the years 198()"81 and 1983 and the compensation worked out on the basis ofnotification under Section 4 and the proceddings remained pending due to the pendency of Aflatoom case but even thereafter no steps were taken till 1980though the Aflatoomcase was decided in 1974. In such circumstances any amount detennined as market value with reference to the date of issuance of notification, cannot be held to be the compliance of mandatory direction regarding payment of value of the land so acquired. From reading Scctionll it is clcar that the said section neither validate any pending acquisition nor it condones any delay which has already been occured Section Il·A introduces a statutory mandate to make an award within a period of two years from the date of publication of declaration under Section 6 and provides that ifno award is made within that period the-entire proceedings would lapse. There was no justification for causing delay after the judgement of the Court in Aflatoom case (1975(4) SCC 285). Therefore, the reasonable time for making the award was two years after which it would be unreasonable.- Ram Chand v. Union of Indian and Shri yeti Prakash v Union o/India. 1993(5) JT 465: 1994(1) SCC 44.. 1993(3) Scale 906: 1994(/) UJ (SC) 21.
17. Special powers In eases of urgency .
(I) In cases of urgency, whenever the appropriate government so directs, the Collector. though no such award has been made, may, on the expiration of fifteen days from the publicati on ofthe notice mentioned in section 9,sub-section (I) '[take possession ofany land needed for public purpose]. Such land shall thereupon vest absolutely in the government, free from all encumbrances.
(2) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway Administration to acquire the inuncdiate possession ofany land for the maintenance of their tr.dJit: or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station. I[ or the appropriate government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity,] the Collector m:\y, immediately after the publication of the notice mentioned in sub-section (I) and with the previous sanction of the appropriate government, enter upon and take possession of such land, which shall thereupon vest absolutely in the government free from .11 encumbrances:
Provided thaI the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hour's notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without
unnecessary inconvenience.
Sub. by Act 6& or 1984. w.d. 24_9·1984
13
I
14 1\e Land Acquisition Act, 1894
(3) In every case under either aCthe preceding sub-sections, the Collector shall, at the Urgen time of taking possession, ofTer to the persons intf'lUled, compensation for the standing crops lhe decisi
(a) tender payment ofeighty per centum aCthe compensation for such land as Indio v. A estimated by him to the persons interested entitled thereto, and extended t 1911 and
(b) pay it 10 them, unless prevented by some one or morc of the contingencies urgeneyel
mentioned in section 31, sub-section (2),
J59. Simi
and where the Collector is so prevented, the provisions of section 3 I, sub-section (2), Section ,. (except the 'second proviso thereto), shall apply as they apply to the payment of absolutel~ compensation under that section. Section 1
subsequer(3B) The am nt paid or deposited under sub-section (3A), shall be taken into account these cirel
for detennining the amount of compensation required to be tendered under section 31. and the reasor
where the amount so paid or deposited exceeds the compensation awarded by the Collector Airport Al
under section II. the excess may. unless refunded within three months from the date of the Collector's award. be recovered as an arrear of land revenue.]
(4) In the case of any land to which. in the opinion oftM appropriate government, the provisions of sub-s«tion (1) or sub-section (2) are applicable, the appropriate government may direct that the provisions of section SA shall not apply, and. if it does so direct, a 18. Rer~ declaration may be made under section 6 in respect of the land at any time I{ after the date of
(I) / the publication of the notification) under section 4, sub-section (I). to Ihe Col COMMENTS the court,
compcnsa
The Hon'ble Supreme Court in Shri Bala Ganeshan Metals v. M.N. Shanmugham Chetty. among lhc
AIR 1987 SC 1668, 1987(2) SCC 707, 1987(2) JT 247, 1987( I) Scale 1110, 1987(1) Cu,. CC 1054, while dealing with the Tamil Nadu Buildings (Lease and Control) Act, 1960. (2) • observed that it was settled rule of interpretation that the provisions of the Act should be Proviinterpreted in soch a manner as not to tender any of the provisions of those unless there was compelling reasons for the coun to adopt extreme contingency, Section 17(3A) postulates that the owner will 6e offered an amount equivalent to 80 per cent ofestimated compensation for the land before the Government take possession under Section 17(1). Where 80 per cent was not paid although it is so required under Section 17(3A) that it should have been made before the possession is taken. The contention that compensation could be paid under Section 5 not accepted.- Surinder Prasad Jain v. State o/U.P. /993(5) JT 385: J991(4) see 369.
I. Ina. by Act 68 or 1984. w.e.L 2....9-19&4. 1 Word
2. Subl by AC1 68 or 19&4. w.e.r24.l).II&4. 1. Ins. b)
18
he Collector shall, at the ion for the standing crops by them caused by such uch offer is not accepted. ,ge shall be allowed for in ntained.
(1) of sub-section (2). the :3), -
>eRSation for such land as :d thereto. and
more of the contingencies :ction 31, sub-section (2), pply to the payment of hall be taken into account :red under section 31. and awarded by the Collector onths from the date of the Ipropriate government, the Ie appropriate government nd, if it does so direct, a lOy time 2[ after the date of
).
M.N. Shanmugbam Cbclty, ) Scale 1110: 1987(1) Cur, e and Control) Act, 1960, sioRS of the Act should be ns of those unless there was Section I7(3A) postulates Iof estimated compensation In 17(1). Where80perccnt It it should have been made could be paid under Section JT 385· /993(4) see 369. -
The Land AcquisItIon Act. 1894 "
Urgency clause under Section 17 can be exercised by appropriate Government. Where tbe decision \\'as taken by the committee appointed by the assembly, it cannot be said that it was nOI the decision ofGovernmenl. Where there is urgency the appropriate Government has to apply the provisions ofSection 17 of the Act and it has got power 10 dispense wilh enquiry under Section 5-A in such circwnstances.-Zeenathunisa v. Md. Abbas. 1996(4). Cur, CC
811 (AP).
Change of purpose of acquisition till acquisilion becomes final. becomes bad ab initio because of the dispensation of urgency by diversion to a non-urgen purpose.- Union uf India v, Nand Kishore. AIR /981 Del. 462. The application of this provision has been extended to urgent cases, by virtue ofClause 4 of the Schedule to Calcutta Improvement Act. 1911 and Clause 5(4) of united provisions. Town Improvement Act, 1919. Application of urgency clause upheld.- NalU1 Amol'On'flv, District Social Welfare Officer, AIR /979 (AP) /59 Similarly where the possession of the land was taken either under Section 17(1) or Section 17(2) or Section 16. after taking possession of the land stood vested in the State absolutely free from all encumbranccs. It is true that after the possession is takcn under Section 17(1) or Section 17(2) or Section 16. the land stands vested in the State and subsequently the power ofthc withdrawal under Section 48 would no longer be available. [n these circumstances, the High Court was wrong in the judgement under appeal wbereas be lhe reasonins given by 1M Division Bench was not Icnown.-Mohan Singh \t International Airport Authority, /997(6) Supreme /69: /996(10) iT3//: 1996(8) Scale 151.
PART III
REFERENCE TO COURT AND PROCEDURE THEREON
18. Reference to court
(I) Any person interested who has not accepted the award m.ay, by written application to the Collector, require that the mattcr be referred by the Collector for thli detennination of thc court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable. or the apportionment of the compensation among the persons interested.
(2) The application shall state the grounds on which objection to the award is taken:
Provided that every such application shall be made., -
(a) if the person making it was present or represented before the CaUector at the time when be made bis award, within six weeks from the rote of the Collector's award;
(b) in other cases, within six weeks of the receipt of the nOlice from the Collector under section 12, sub-section (2); or, within six months from the date of the Collector's award, whichever period shall first expire.
1 Word "and" omllted by Aet 68 of 1984. w.e.f 24-9-19&4,
2. Ins. by Act 68 of 19&4. w,e..( 24-9-19&4,
19
16 The Land Acqui~iljull A.;I. IX')../ i Y. Lolleclor's statement to the court
(I) In making the reference. the Collector sh
(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;
(b) the names of the' persons whom he has reasons to think interested in such land;
(e) the amount awarded fordamagc.. and paid or tendered under sections 5 and 17, or either of them. and the amount of compensation awarded under sectionll; I{ ••• ]
l[(CC) the amount pai? or deposited under sub-section (3A) of section 17; and]
(d) ifthe objection be to the arnountofthe compensation, the grounds on which the amount of compensation was dctennined.
(2) To the said statement. shall be attached a Schedule giving the particulars of the notice served upod. and of the statements in writing made or delivered by the parties interested. respectively.
20. Service of notice The court shall thereupon causc a notice, specifying the day on which the court will proceed to detennine the objection. and directing their appearance before the court on that day, to be served on the fQllowing persons, namelY'7
(a) the applicant;
(b) all persons interested in the objection. except such (ifany) of them as have consented without protest to receive payment ofthe compensation awarded; 'nd
(c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector.
21. Restriclion on scope of proceedings The scope of the enquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.
22. Proceedings 10 be in open courl Every such proceeding shall take place in open court, and all persons entitled to practice in any civil court in the State shall be entitled to appear. plead and act (as the case may be) in such proceeding.
23. Matters to be considered in determining compensation
(I) In determining the amount of compensation to be awarded for land acquired under this Act, the court shall take into consideration-
first, the market-value of the land at the date of the publication of the notification under section 4, sub·scction (1);
,
(IA)lnadl every case aW31 market value fc notification und the Collector 01 Explanati,
periods during' of any stay or il
(2) In adc every case awa compulsory nal Applicabil Pradesh Awas I us on the pro Acquisition fl compensation it is not necess to be not applil provisions oft! the ground ofI Section 55 ofl Land Acquisiti the Land Acqll applicable to I amendments ir
20
lX'J~ for the information of tile COUll, in particulars ofany trees, buildings casons to think inlerested in such lor tendered under sections 5 and Df compensation awarded under :celion (3A) of section 17; and] npensalion, the grounds on which ned.
Lilc giving the particulars of the Ide or delivered by the parties ~e day on which the court will earancc before the court on that cpt such (ifany) of them as have rnl ofthe compensation awarded; the land or to the amount of the be restricted 10 a consideration tI all persons entitled to practice Iand act (as the case may be) in
,.
,
- The Land Acquisillon Act. 1894 17 secondly. the damage sustained by the person interested. by reason of the taking of any standing crops or trees which lllay be on the land at the time orthe Collector's taking possession thcre?f;
thirdly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land. by reason of severing such land from his other land;
fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land. by reason of the acquisition injuriously affecting his other property, movable or immovable. in any other manner, or his earnings;
fifthly, if, in consequence of the acquisition ofthe land by the Collector, the person interested is compelled to change his residence Or place of business, the reasonable expenses (if any) incidented to such change; and sixthly. the damage Many) bona fide resulting from diminution ofthe profits of the land between the time of the publication of the declaration undcr section 6 and time of the Collector's taking possession of the land. (IA) h~ addition to the market-value of the land, as above provided, the court shall in every case award an amount calculated at the rate oftwclve per centem per annum on such market value for the period commencing on and from the date of the publication of the notification under section 4, sub-section (I) in respect of such land to the date ofthe award of the Collector or the date of taking possession of the land whichever is earlier. Explanation: In computing the period referred io in this sub-section. any period.or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any court shall be excluded.
•
(2) In addition to the market-value of the lllnd, as above provided, the court shall in every ease award a sum of thirty pcrcentum] on such market-value. in considero:ltion of the compulsory nature of the acquisition.
COMMENTS
Applicability of the amendment of 1984 to the acquisition for the purpose of the Uttar Pradesh Awas Evam Vikas Parishad Adhinyam, 1965-ln v,iew ofthe construction placed by us on the provisions of Section 55 of the Adhiniyam that the provisions of the land Acquisition Act, as amended by the 1984 Act relating to determination and payment of compensation would be applicable to acquisition of land for the purposes of the Adhiniyam, it is not necessary to deal with the submission that if the provisions of the 1984 Act are held to be not applicable in the maner ofacquisition ofland for the purposes of the Adhiniyam the provisions of the Land Acquisition Act, as applicable under the Adhiniyam, would be void on the ground of repugnance under Article 254 of the Constitution. On a proper construction of Section 55 ofU.P. Adhiniyam, it must be held that while incorporating the provisions of the Land Acquisition Act in the Adhiniyam the intention of Legislature was that amendments inwarded for land acquired under the Land Acquisition Act relating to determination and payment of compensation would be applicable to acquisition of lands for the purposes of the Adhiniyam. This means that the date of the publication of the amendments introduced in the land Acquisition Act by the 1984 Act relating to determination );
- •
21
18 Th~ Land AcquisItion Act. 1894 and payment of compensation. viz. Section 23{I.A) and Sections 23(2) and 28 as 26. Form ofllwards amendment by the 1984 ACI would be applicable to acquisition for the purposes of the Adhiniyam under Section 55 of the Adhiniyam.-U.P.A AV3S Evam Vikas Parishad \I. Jainul (I) Every award Islam. 1998(1) Supreme 340. the amount awarded l
(if any) respectively I
En/rallcemellf ofcompensation by re!erellu Court a/ong""ilh solatium at J5" and with the grounds of II il/terest 6%-- The High Court enhanced the compensation to Rs.15 per square yard from Rs.10 per squarc yard, however, the yardstick adopted by the High Court was not proper. In (2) Every such! such circumstances it was held that the claimant was not entitled 10 enhanced solatium every such award II j interest and additional amount at 15% and 6%.-Krishi Utpadan Mandj Samiti, Bulandshahar clause (9), respective
v. GangaSahai, AIR 1996 SC 3883: 1996(6) Supreme 143: 1996(7)JT 120: 1996(IO)SCC 27. Costs 169: 1996(5) Scale 579: 1996 (3) Cur, CC 238.
24. Mallen to be neglected In deter-mining conlpensation
(I) Every such undcr this Pan. and t ,But Ihe court shall not lake inlo consideration- (2) When the aT first. the degree ofurgcjlcy which has led to the acquisition; the Collector, unleS!; extravagant or that t
sec ndly, an)! disinclination of the person to part with the land acquired; deduction from his CI thirdly, any damage sustained by him which. ifcaused by a privale person. 28. Collector may I would not render such person liable to a sui I;
If the swn whic
fourtyly, any damage which is likely to be caused to the land acquired, after copcnsation is in ex the dale of the publication of the declaration, under section 6, by or in award of the court n consequence of the usc 10 which it will be put; of l [ nine per centUl1l datc of payment ofs
fifthly, any increase to Ihe value of the land acquired likely to accrue from the use of which it will be put when acquired; I( Provided lhat
thereof is paid into
s.ixthly, any increase to Ihe value o~the other land of the person interesled which possession if hkely 10 accrue from the use to whIch the land acquired Will be put; payable from the dal seventhly, any outlay or improvements on, or disposal of, the land acquired. part thereof which h commenced. made or effected without the sanction of the Collector after 1128A. Re-delerrnil the date of the publication of Ihe notification under section 4' lhe court sub-section (I) ; or
(I) Where in 8 t(eighUy, any increase to the value uftlle land on account of its being put to compensation in ex( any use which is forbidden by law or opposed to public policy.] interested in all the l125. Amount of compensation by court not to be lower than the amount awarded b) (I) and who are alS( the Collector had not ma~e ~n ap
Collector wlthm thfl
Tbe amount of compensation awarded by the court shall not be less than the amounlof compensation Po awarded by the Collector under section II ]. compensation awan
Ins. by At! 68 or I
I. Ina.. by Ad 68 or 1984 w.d 24--9-t9S4
2. Subs byACI61 or 1984.....,c.( 2-4·9·1984.
,
22
894
nd Sections 23(2) and 28 as uisition for the purposes of the as Evam Vikas Parishad v. Jainul Ilongwitl, solatium at 15% and ~ to Rs.15 per square yard from lC High COlirt was nol proper. In .t entitled to enhanced solatium dan Ma"ndi Samiri, Bulandshahar , 1996(7) IT 120, 1996( 10) see '"
to the acquisition;
I 10 part with the land acquired; ch, ifcaused by a private person. suit;
caused to the land acquired, after ration under section 6, by or in e put;
nd acquired likely to accrue from lired;
ther land of the person interested ~ land acquired will be put;
• or disposal of, the land acquired, ~c sanction of the Collector after notification under section 4, land on account cfits being put to posed to public policy.]
~r than the amount awarded by ;hall nol be less than the amount
,
The Land Acquisition Act. IR94 I'
26. Form of awards
(I) Every award under this Part shall be in writing signed by the Judge, and shall specify the amount awarded Wlder clause first of sub-section (I) of section 23, and also the amounts (if any) respectively awarded under each of other clauses of the same sub-section. together with the grounds of awarding each of the said amounts.
(2) Every such award shall be deemed to be a decree and Ihe statement of the grounds of every such award a judgement within the meaning of section 2, clausc (2), and section 2, clausc (9), respectively, of the Code of Civil Procudure, 1908 (S of 1908),
27. Costs
(I) Every such award shall also state the amount oCcosts incurred in the proceedings under this Part, and by what persons and in what proportions Ihey are 10 be paid.
(2) When the award of the Collector is nol upheld, the costs shall ordinarily be paid by the Collector, unless the court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in pUlling his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector"s costs.
28. CollectOl; may be directed to pay interest on excess compensation If the sum which, in the opinion of the court, the Collector ought to have awarded as copensation is in excess of the sum which the Collector did award as compensation, the award of the court may direct that the Collector shall pay interest on such excess at the ratc oP[ nine per centumJ per annum from the date on which he look possession of the land to the date of payment of such excess into court;
I[ Provided that the award ofthe court may also direct that where such excess or any part thereof is paid into court aOer the date of expiry of a period of one year fTom the date on which possession is taken, interest at the rate of fiOeen per centum per annum shall be payable from the date of expiry ofthe said period of one year on the amount of such excess or part thereof which has not been paid into court before the date of such expiry.] '128A. Re-determination of the amount of compensation on the basis of the award of the court "
p) Where in an award under this Part, the court allows to the applicant any amount of compensation in excess ofthe amount awarded by the Collector under section II, the persons interested in all the other land.covered by the same notification under section 4, sub-section
(I) and who arc also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, by written application to the Collector within Ihree months from the date of the award of the court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the court;
I. hiS. by Act 68 of 1984. w.e.f. 24.9-19S<\. -.J . _ 1
20 The Land Acquisition Act. 1894 Provided thai in computing the pcriop of three months within which an application to the Collector shall be made under Ihis sub-seclion, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be ex.cluded.
(2) The Collector shall, on receipt of an application under sub-section (I), conduct an inquiry after giving notice to all the persons interested and giving them a reasonbble opportunity of being heard and make an award determining the amount of compensation payable to the applicants.
(3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the court and the provisions of sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under section 18.]
PART IV
APPORTIONMENT OF COMPENSATION
• 29. P,rtka'", of appo,tioameat 10 be ,pedfied Where there arc &cveral persons interested; if such persons agree in the apportionment of the compensatio'l> the particulars of such apportionment shall be specified in thc award. and as between such persons the award shall be conclusive evidence of the correctness of. the apportionmenl.
30. Dispute as to apportionment When the amount of compensation has been settled U1~der section 11, if any. dispute arises as to the apportionment of the same or any part thereof. or as to the persons to whom the same or any part thereof is payable, the Collcctor may refer such dispute to the decision of the court.
PART V
PAYMENT
31. Payment of compensation or deposit of same in court
(I) On making an award under section II, the Collector shall tender paymcnt of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the ne;llt sub-section.
(2) lfthey shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment ofit,the Collector shall deposit the amount ofthe compensation in the court to which a reference under section 18 would be submitted:
Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:
Prodided further' that no person who has received the amount otherwise than under protest as to the entitled to make any application under section 18:
,
Provided II may receive th same to the PCI
(3) Notw appropriate go make any arrar of other lands title. or in su parties coneen
(4) Nothi the powcroftll and competent
32. Investml incompetent j
(I) Iran) section and it; person who Iu
(,
(b and shall investment 10 possession of same be appH (i'
(2) In a the costs of incidcntallh~
(,
(b
24
l. 1894 s within which an application to the n which the award was pronounced hall be eltcluded.
I under sub-section (I), conduct an :d and giving them a reasonbble ning the amount of compensation ler sub-section (2) may, by written referred by the Collector for the ; IB to 2B shall, so far as may be,
. seclion lB.]
ENSATION
sons agree in the apportionment of hall be specified in the award. and e evidence of t~ correctness of. under section II, if any. dispute rear. or as to the persons to- whom , refer such dispute to the decision ."
cctor shall tender paymem of the entitled thereto according to the one or more of the contingencies oe no person competent to alienate Ive the compensation or as to the of the compensation in the court to may receive such paymcnt under he amount otherwise than under :tion 18:
The Land Acquisition Act, 1894 21 Provided also that nothing herein contained shall effcct the liability ofany person. who may receive the whole or any part ofany compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.
(3) Notwithstanding anything, in this section. the Collcctor may, with the sanction ofthc appropriate government, instead of awarding a money compensation in respect of any land. make any arrangement with a pcrson having a limited interest in such land, either by the grant of other lands in exchange. the remission of land-revenue on other Innds held under the SlIffie tille, or in such other way as may be equitable having regard to the interests of the parties concerned.
(4) Nothing in the last foregoing sub-section shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and eompctent to contract in respcct thereof.
32. Investment of money deposited in respeci of lands belonging to penons incompetent to alienale
(I) Ifany money shall be deposited in court under sub-section (2) of the last preceding section and it appears that the land in respect wbereofthe same was awarded belonged to any persun whO had no power to alienate the same, the court shall- .
(a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited was held, or
(b) if such purchase cannot be effccted forthwith, then in such governmenf or other approved securities as the court shall think fit; and shall direct the payment of the interest or other procceds arising from such investment to the person or pcrsons who would for the time being have been en.titled to the possession of the said land, and such moneys shall remain so depositcd and invested until the same be applied---
(i) in the purchase of such other lands as aforesaid; or (il) in payment to any person or person becoming absolutely entitled thereto.
(2) In all cases of moneys deposited to which this ~Iion applies, the court shall order the: costs of the following maners, including therein, all reasonable charges and expenses mcidental thereto, to be paid by the Collector, namely,-
(a) the costs of such invesuncnt as aforesaid;
(b) the costs ofthc orders for the payment of the imerest or other proceeds of the ~urities upon which such moneys are for the time being invested, and for the payment OUI of court of the principal of such moneys, and of all proceedings relating thereto, exccpt such as may be occasioned by litigation between adverse claimants.
,
25
22 The Land Acquisition Act, 1894
33. Investment of money deposiled in other cases
36. Power 10 er When any money shall have been deposited in court under this Act for any cause other than that mentioned in the lasl preceding section, the coun may. on the application of an) (I) On p3) party interested or claiming an interest in such money. order the same to be invested in such making a rcferer government or other approved securities as it may think proper, and rna' direct the interest or land. and use or other proceeds of any such investment to be accumulated and paid in such manner as it may consider will give the panies interested tbert=m the ~ benefit therefrom as they might have _ (2) On the had from the land In respect whereofsuch money shall have been deposited or as near therein Interested com~ as may be. agreement. and
34. Payment of Interest Provided tt When·the amount of such compensation is not paid or deposited in or before tak.in~ which it was us possession ofthe land, the Collector shall pay the amount awarded with intere~1 thereon at the mterested S~~ll rate of I[ nine per eenl] per annum from the time of so taking possession until il shall have the land as If It been so paid or deposited. 37. Differeoef
l[ Provided that if such compensation or any part thereof is not paid or deposited within a period ofone year from the date on which possession is taken, interest at the rate of fifteen In case the per centum per annum shall be payable from the date of expiry of the said period of one yeal expiration of th 00 the amount of compensation or part thereof which nas not been paid or deposited before shall refer such the date of such expiry.]
PARTYI
TEMPORARY OCCUPATION OF LAND
38. Company
35. Temporary occupation of waste or arable land, Procedure when difference as u compensation exists 38A.lndustrh
(1) Subject to the provisions of Pan VlI of this ACI. whenever it appears 10 tlK , appropriate government that the tcmporary occupation and use of any waste or arable lan~ A~ md~str arc needed for any public purpose, or for a company, the appropriate government may direl,.1 by a~ mdlvldu the Collector to procure the occupation and usc of the same for such tenn as il shaH think fil acquire I~n~ fo not exceeding three years from the commencement of such occupation_ Ihe pr~~lslon acquIsitIon of
(2) The Collector shall thereupon give nOlice in ""riting 10 the persons interested in suet references to Cl land of the purpose for which the same is needed, and shall, for the occupation and U5I to such concef'l therwffor such tenn as aforesaid, and for the materials (ifany) 10 be laken thcrefrom, pay t( them such compensation, either in a gross sum of money, or by monthly or other periodica 39. Previous! payments, as shall be agreed upon in writing between him and such persons respectively, . The provil
(3) In case the Collector and the persons intercstcd differ as to the sufficiency of thl shall not be pu compensation or apportIOnment thereof, the Colleclor shall rcfer such difference 10 Ihl with the previC! decision of the Court. e~eeuted the ilj
I. Sub$. byAet68 or 1984. w.e r 24~9·1984
2. 1n5. by Act 68 or 1984.•.d, 24-9-1984 I. Omine I
2. Subs. by Act J, Ins by Atl 6i
•
26
94
ler this Act for any cause other may, OD the application of any !he same to be invested in such r. and rna' direct the interest or I paid in such manner as it may it therefrom as they might have :cn deposited or as ncar thereto deposited in or before takin roe
LAND
~ure when difference as 10 I, whenever it appears to the ISC of any waste or arable land opnate g01<'cmment may direct or such tenn as it shall think fit. :cupallOn.
o lite persons interested in such 11, for the occupation and usc oto be taken therefrom, pay to! by monthly or other pcriodica d such persons respectively. fer as to the sufficiency of the II refer such difference to th, 1be Land AcqUIsition ACL 1894 23
36. Po",rr to enler- and take possession. and compensation on r-e5tontion () On payment of such compensation, or on exC(;uting of such a 8gT«meRt or on making a reference under Stttion 35, the Colleclor may enter upon and take possession of the land, and use or pennlt the use thereof in accordance with the terms of the said notice.
(2) On the expiration of Ihe tenn, the Collector shall make or tender 10 the person interested compensation for the damage (ll any) done to the land and not provided for by the agreement, and shall restore1.he land 10 the person interested therein; Provided that. if the land has become permanently unfit to be used for the purpose for which it was used imrnediately before the commencement of such tenn, and if the person interested shall so require, the appropriate government shall proceed under this Act to acquire the land as if it was neroed permanently for a public purpose or for a company.
37. Differ-ence as to condition ofland In case the CollC(;tor and persons interested differ as to the condition of the land at the expiration of the tenn, or as 10 any matter connC(;ted with the said agreement, the Collector shall refer such difference to the decision of the Court.
o
PART VII
ACQUISITION OF LAND FOR COMPANIES
38. Company may be authorised to enter and survey II· ••]
381\. Industrial concem to be deemed company for cerlain purposes An industrial conccrn, ordinarily cmploying not less than onc hundred workmen owned by an individual or by an association of individuals and not being a company, desiring to acquire land for the ereclion ofdwelling houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall. so far as concerns the acquisition of such 'land, be deemed 10 a company for the purpose of this Part. and the references to company in '[scctions4, SA, 6, 7, and 50] shall be inlcrprclcd as references also to such concern.
39. Previous consent ofappr-opriate government and execution ofllgreement necessary The provisions ofsections 6 to 16 (both inclusive) and sections 18 to 37 (both inclusive) shall not be put in force in order to acquirc land for any company l[ under this Part], unless wilh the previous con."Cnl of the appropriate government, nor unless the company shall have e,ecuted the agreemenl hereinafter menlioned.
I.
2.
3.
Ommcd byAeI 68 of 1984, ""'.c,r. 24-9-1984 Subs. by ACI 68 of 1984 fOf "SCCllon SA. 6. 7. 17 and SO~ • ......c.r. 24-9-1984 tl\j;byAcl68ofI984,w.cf 24_9.1984
l
24
• The Land Acquisition Act, 1894
40. Previous enquiry
(1) Such conseOI shall not be given unless the appropriate govemment be satisfied. either on the report aCme Collector under Section SA, sub-section (2), or by an enquiry held as hereinafter provided.-
(a) thai the prupose of the acquisition is to obtain land for the erection of dwelling-houses (or workman employed by the company or for the provision of amenities directly connected therewith; or
(13) 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 ofsome work. and that such work is likely 10 prove useful to the public.
(2) Such enquiry all 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 withnesses and compel the production ofdocuments by the same means and, as far as possible, in the same manner as is provided by the l[ Code ofCivil Procedure, 1908] in the case ofa ~ivil court.
41. Ag..-eement with appropdate govnnmenl If the appropriate government is satisfied after considering the report, if any. of the Collector under section 5A, sub-section (2), or on the report of the officcr making an inquiry under section 40 that l[ the proposed acquisition is for any of the purposes referred to in clause (a) or clause (aa) or clause (b) of ~ub-scction (I) of section 40. it shall require the company to enter into an agreement with the appropriate government. providing to the satisfaction of the appropriate government for the following matters, namely,-
(I) the payment to the appropriate govemmcnt of the cost of the accquisition
(2) the transfer, on sOoch payment, of the land tu the COmpllllY;
(3) the tenns on which the land shall be held by the company;
(4) where the acquisition is for the purpose oferccting dwelling houses or tm provision of amenities connected therewith, the time within which, the conditions on which and the manner in which the dwelling houses Of amenities shall be erected or provided;
I. Subs. by Act 68 of 1984. w.d. 2-4-9·198-4
2. SU.... by Acl 631 of 1962. for certain IIiOR1$. (4A) wi
"in th "
(5) w .,w
t~
42. PUblication of Every such agr Official Gazette IU1( entitled to use the ...
43. Sections 39 to land (or companie The provisiol corresponding sect never to have appli purposes of which, in-Council. the Sec bound to provide II
44. Howag..-etmf In the case oftl of such an agrecml printed copy there< 44A. Restriction No company f
the said land or an previous sanction i Subs. few" "1"C'Ji.s(
lie government be satisfied. on (2), or by an enquiry held iain land for the erection of by the company or for the rewith; or
truction of some building or king steps for engaging itself purpose, or
Jetion of some work. and that Ilie.
such time Bnd place as the ofwithnesses and compel the liblc, in the same manner as is ofa civil court.
ing the report, if any. of the ~the officer making an inquiry of the purposes referred to in leCtion 40. it shall require the lovemment. providing to the l8lters, namcly,-
aCthe caSI of the accquisition I the company;
Vthe company;
~ting dwelling houses or the th, the time within which. the which the dwelling houses or
• The Land Acquisitionw\cl. 1894 "
(4A) where the acquisition is for the construction afany building or work for a company which engaged or is taking steps for engaging ilSelf in any industry or work which is for a public purpose, the time within which and the condition on which, the building or work shall be constructed or executed; and
(5) where the acquisition is for the construction of any other wOl'k. the time within which and the conditions on which the work shall be executed and maintained, and the terms on which the public shall be entitled to use the work.
42. Publication of agreement Every such agreement shall, as soon as may be after its execution, be published in the Official Gazette and shall thereupon (so far as regards the terms on which the public shall be entitled to use the work) have the same effect as ifit had formed pan of this Act.
43. Section~ 39 10 42 not to apply where government bound by agreement to provide land for companies
The provisions of sections 39 to 42, both inclusive, shall not apply, and the corresponding sections of the Land Acquisilion Act, 1870 (10 of 1870), shall be deemed never to have applied, to the acquisition of land for an~ Railway or other company, for the purposes of which. under any agreement with sueh company. the Secretary of State for India in·Council. the Secretary ofStale, the Central Government or any State Government is or was bound to provide land.
44. How agreement with railway company m3Y be proved In the case ofthe acquisition ofland for the purpose ofa RailwayCompany, the eXistence of such an agreement as is mentioned in section 43 may be proved by the production of a printed copy thereof purporting to be printed by order of governemnt. 44A. Restriction on transfer, etc.
No company for which any land is acquired under Illis Part shall be entitled to transfer lhc said land or any part thereof by sale. mortgage. gift. lease or otherwise except witll the previous sanction of the appropriate government.
Subs. (or -~crtd under Pan III of !he Indian Poa Office AcI. 1866M b)' Act 68 of 19&4.
,
29
26 The Land Acquisiuon ACI. 1894
448. Land not to be acquired under this Part except for certain purpose for private companies otber than government companies
Notwithstanding anything contained in this Act, no land shall be acquired under this Part. except for the purpose mentioned in clause (a) of sub-section (I) of section 40, for a private company which is not a government company.
Explanation: "Private company" and "govemment company" shall have the meanings respectively assigned to them in the Companies Act. 1956 (1 of 1956).
PART VIII
MISCELLANEOUS
45. Service of notices
(I) ~erviccs of any Dolice under this Act shall be made by delivering or tcndering a copy thereof signed. in the case of a notice under section 4, by the officer therein mentioned. and. in the case ofaoy Olher notice, by an order ofthc Collector or thc Judge.
(2) Whenevcr it may practicable. the servicc of the notice shall be made on thc person therein named.
(3) When such person cannot be found, the service may be made on any adult male member ofhis family residing with him, and, ifno such adult male member can be found. the notice may be served by fixing the copy on the outer door of the home in which the person thcrein named ordinarily dwells or carries on business, ~r by fixing a ~opy thereof insome conspicuous place in the office ofthe officer aforesaid or ofthe Collector or in the court-house, and also in some conspicuous pan of the land to be acquired:
Provided that. if the Collector or Judge shall so direct. a notice may be sent by post. in a letter addressed to the person named therein at his last known residence, address or place of business and I[ registered under sections 28 and 290fthc Indian Post Office Act. 1898.] and service of it may be proved by the production ofthc addressee's receipt.
46. Penalty for obstructing acquisition of land Whoever wilfully obstructs any person in doing any of the acts authonsed by section 4 or section 8. or wilfully fills up, destroys, damages or displaces any trench or mark made undcr section 4. shall, on conviction before a Magistrate, be liable to imprisonment, for any term Dot exceeding one month. or to fine not e_,cceding '[ five hundred rupees). or 10 bolh
41. Magistrate to enforce surrender Ifthe Collector is opposed or impeded in taking possession under this Act ofany land, he shall. if a Magistrate.enforce the surrender of me land to himself and. if not a Magistrate. he shall apply to a Magistrate or (within the towns of Calcutta. Madras and Bombay) to the Commissioner of Police, and such Magistrate or Commissioner (as the case be) shall enforce the surrender ofthc land to the Collector.
48. Completion 01 not completed
(I) Except in withdraw from the
(2) Whenever determine the alll( consequence of thf other person intere:
of the proceedings
(3) The prov dctcnnination ofth
49. Acquisition 0
(I) The provi part only of any ho such house, nnanufl Provided Ihat
section II, by noti such house. nnanuf Provided also
under this ACI doc meaning of this se court and shall not In deciding01
land proposed to b manufactory or bu
(2) If, in the intcrested. on aca appropriate gO\CfT any tIme before th land of which the
(3) In the C,l proceedings under without delay fumi dnd shallthereafte
30
1ain purpose for private IC acquired under this Part, )f scction 40, for a private .. shall have the meanings l56).
delivering or tendenng a officer therein mentioned, r the Judge.
tiee shall be made on tbe : made on any adult male member can be found, the house in which the person ing a copy thereof insome lector or in the eourt·house, 'C may be sent by post. in a idence, address or place of 'ost Office Act. 1898,] and 'eeeipt.
i authorised by section 4 or trench or mark made under mprisomnent, for any term d rupees], or 10 both. tder this Act of any land. he and. if not a Magistrate, he adras and Bombay) to the is the case be) shall enforce The und Acquisition Act. 1894 27
48. Completion of acquisition nol compulsory, but compensation 10 be 3\\-arded when nol compleled
(I) Except in the case provided for In section 36, the government shall be at liberty to withdraw from the acquisition of any land of \\-hich posses~ion has not been laken.
(2) Whenever the government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount 10 other person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under lhis Act relating to the said land.
(3) The provisions of Part III of Ihis Act shall apply, so far as may bc. 10 the dctennination of the compensation payable under this section.
49. Acquisition of pari of house or building
(I) The provisions of this Act, shall not ~ put in force for the purpose of acquiring a part only of~ny house, manufactory or other building, if the o,,-ner desires that the whole of such house, manufactory or building shall be so acquired:
Provided that the owner may, at any lime before the Collector has made his award under section II, by notice in writing, withdraw or modify hi~ expressed desire that the whole of such house. manufactory or building shall be so acquired;
Provided also Ihat, ifany question shall arise as to whether any land prfjposed to be taken under this ACI docs or does not fonn part of a house, manufaelory or building within the meaning of this section, the Collector shall refer the determination of such question 10 the court and shall not lake possession of lIuch land until after the question has been determined. In decidingnn "Such a reference the COllrt shall have regard 10 the question whether the land proposed 10 be taken is reasonably required for the full and unimpaIred use ofthe house. manufactory or building.
(2) If. in the case of any claim under section 23, sulrsection (I), thirdly, by a person interested. on account of the severing of the land to be acquired from his other land the appropriate go"ernment is ofthe opimon th:!t the elaim is unreasonable or excessi,,'e, it may at any time before the Collector has made his award. oruer the acqui!iition of the whole ofthc land of which the land firsl ,;ought to be acquired fonns a part
(3) In the case last therein before provided for. no fre&h declaration or othcr proceedings under sectiol'l& 6 10 10. both inclusi"e, ~hall be necessary; but the Collector shall without delay furnish a copy oflbc order oftile appropriate govemmenl to the person intcreted and shall thereafter proceed to make his award under seclion II.
L
31
28 The Land Acquisition Act. 1894 so. Acquisition ofland at cost or. local authority or company
(I) Tl(I) Where the provisions ofthisAcl arc pUi in force for lhe purpose of8cquiring land at for the guid the cost of any fund controlled or managed by a local authority or of any company, the to time alte charges orand incidental to such acquisition shall be defrayed from or by such fund or company.
(2) In any proceeding held before a Collector or coon in such cases the local authority Provid or company concerned m~y appear and adduce evidence for the purpose ofdetermining the shall be e,y amount of compensation: of the Stt
State Govt'
Provided that no such local authority or company shtlll be entitled to demand a reference under section 18.
Provit
51. Exemption from stamp-duly and fees soon as 111l total perir
No award or agreement made under thisAcl shall be chargeable with slamp-duty, and no successIve person claiming under any such award or agreement shall be liable 10 pay any fee for a copy successive of the same. both Hous
10 such m
'151 A. Acceptance of certified copy as evidence modificati
done und(
In any proceeding under this Act. a certified copy of a document registered under the Registration Act, 1908 (16 of 1908), including a copy given under section 57 oflhatAct. may J[ Pn be accepted as evidence of the transaction recorded in such-document.)
as may be
52. Notice in case of suits for anything done in pursuance of Acl
(2) .
No suit or other procceding shall be commenced or prosecutcd against any person for the condi anything done in pursuance of this Act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof. nor aftcr tendcr of (3)sufficient amends.
and shall
53. Code of Civil Procdure to appJ)' 10 proceeding before court Savc insofar as they may be inconsistent with anything contained in this Act, the proVISIOns ofthc 1[ COOt: ofCivil Pro<.:cdure, 1908], shall apply to all proceedings before the Court under this Act.
54. Appeals In proceedings before court Subject 10 the provisions ofthc Code ofCivil Procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under Ihis Act to the High Court form the award, or from any part of the award of the court and from any decree of the High Court passed on such appeal as aforesaid an appeal shalilieto l[ the Supreme Court] subject to the provisions contained in section 110 of the Code ofCivil Procedure, 1908, and in Order XLV thereof.}
,
32
.ny ~ purpose ofacquiring land al )rity or of any company, the 11 or by such fund or company. such cases the local authority Ie purpose of determining the lIltitlcd to demand a reference ~..blc with stamp-duty. and no able to pay any fee for a copy ocument registered under the jersection 57 ofthat Act. may cumcnt.}
orAel
ecuted against any person for :h person a month's previous ~ thereof. nor after tender of court
Ig contained in this Act, the y to all proceedings before the 1908 (5 of 1908), applicable to ~ the contrary in any enactment ~ecdings under this Act to the ~ court and from any decree of millie to I{ the Supreme Court] for Civil Procedure, 1908. and
• The Land AcqUisition Act, 1894 29
55. POl'er to makl' rules
(I) The appropriate government shall have power to make rules consistent with this Act farthe guidance ofofficcrs in all matters connected with its enforcement, and may from time to time alter and add to the rules so made:
• Provided Ihnt the power 10 make rules for carrying out the purpose ofPart VII of this Act shall be e;>,erci~able by the Central GovemmcnI and such rules may be madc for the guidance of the State Government and the officers of the Central Government and of the State Governments:
ProvIded further that every such rule made by the Central Govemment shall be laid as soon as may be after it is made. before each House of Parliament while it is in session for a lotal period of thirty days which may be comprised in one session or III two or more successIve sessions. and if. I{ before the expiry of the session in whieh it is so laid or the successive sessions aforesaid}. both Houses agree in making any modification in the rule or both Houses agree that the rules should nol be made. the rule shall thercaRer have effect only In such modified form or be of no effect. as the case may be: so. however. that any such modificatioQ or annulment shall be without prejudice 10 the \o'alidity of anything previously done under that rule.]
l[ Provided also tMt every such rule made by the State Government shall be laid, as soon as may be after it is made, before the State Legislature.]
(2) The Power to make. alter and add to rules under sub-section (I) shall be subject to the conditions ofthc rules being made. altered or added to after previous publication.
(3) All such rules. alteration and additions shall be published in the: Official Gazette, and shall thereupon ha\e the flUte of law.
I
2.
~
SUM. b) 1M: AO 1950 ror wo('{.15 MHil Majesty in.council~ S,,~ by Act 68 of 1984. Wt.r. 24-9-19114
111.1 b\ Att (>II of 19lt4
1 7:03 P&S 500 COPies. P"...d ., lttc D,I'K'o"',~ or I',;o,h.... 51."0"'<)' M~,h.t.1•• 5.,n"", l
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