Transcript Over view of Land Acquisition Act, 1894

LAND ACQUISITION
ACT – 1894
B. VENKATESWARA RAO,
District Revenue Officer (Retd.)
CONSULTANT, AMR-APARD,
Rajendranagar, Hyderabad-500 030.
LAND ACQUISITION LAWS
Well Established Principle of Law :

Burden of proof of compliance rests upon
those who claim statutory powers.

The Civil Courts liberally expound in
favour of the public and strictly expound as
against the State Government.
 This Act contains 55 Sections.
 It came into force from 1-3-1894.
 Object of this Act – Empowers Government to
acquire private land only for public purpose or
a company.
 Out of all the Amendment Acts, the
Amendment Act, 1984 is a very important Act.
 B.S.O. 90 & 91 deals with the procedure for
implementation
of
provisions
of
Land
Acquisition Act.
IMPORTANT DEFINITIONS (Section-3) :
• Land includes benefits to arise out of land and
things attached to the earth.
• Person
interested
includes
all
persons
claiming an interest in compensation.
• Collector means, District Collector and any
officer specially appointed by the Government
to perform the functions of the Collectors
under the Act.
• Court means a Principal Civil Court of original
jurisdiction.
• Public purpose
community.
–
larger
interest
of
the
REQUISITION :
• Land Plans shall be supplied by Requisition
Department.
• Peg marking to be done by Requisition Dept.,
• Requisition shall be in Form No.1
• Joint inspection with Requisition Department,
land owners and record proceedings about
features of land, trees, structures etc.,
• Topes and structures to be video graphed.
DRAFT NOTIFICATION – Section 4(1) & (2) :
 To be approved by Government except in
cases where Collectors are authorised by the
Government by Notification.
To be notified in Form 2A in the case of State
and 2B in the case of Union.
Important ingredients :
- Need for public purpose.
- Intention to acquire land.
- Empowers authorised officer to enter upon
the land to perform all acts contemplated
under the Act.
Contd..
- Publication of Notification in official Gazette
and in two daily news papers of which at
least one shall be in regional language and
causing

publication
of
substance
of
Notification in the locality.
Avoid to notify Government lands, assigned
lands and ceiling lands.

Date of publication of the Notification crucial
for determination of the market value of the
land.
Contd..

The last of the dates of publication shall be
the date of publication.

Civil Courts have no jurisdiction to question
the 4(1) Notification.

No compensation need to be paid if
construction is made after 4(1) Notification.
PAYMENT OF DAMAGES :
 Section 5 of the Act postulates payment of
compensation for damage done to land during
the course of surveying it and doing all other
acts under the Act.
 Decision of the Collector is final in the matter
of sufficiency of compensation for damages.
5-A ENQUIRY (hearing objections) :
 Any person interested object to the acquisition
of the land within 30 days from the date of
publication of 4(1) Notification.
 It shall be made to the Collector in writing.
 The Collector shall give an opportunity to such
person or any person authorised by him or
pleader.
 After making further, if any, necessary enquiry,
make
a
report
to
Government
with
recommendations together with Record of
Proceedings.
 Decision of the Government is final
 When lands are required to be acquired urgently,
5-A enquiry to be dispensed with under
Section – 17(4).
DRAFT DECLARATION :
Section – 6 : Declaration that the land is
required for a public purpose.
 Draft Declaration under Section – 6 :
After
considering the report under Section 5(A)
within one year from the date of publication of
the
Notification
under
Section
otherwise proceedings are void.
4(1)
–
 Draft Declaration under Section – 6 shall be
published in –
The Official Gazette
Two
daily
newspapers
circulating
in
the
locality, in which the land is situated and at
least
one
of
them
shall
be
in
regional
language.
Shall cause Public Notice of the substance of
the Declaration at convenient places in the
said locality.
Contd..
Section–7: After draft declaration under Section–6
Collector to take order for the acquisition of the
land.
Section–8: Land to be marked out measured and
planned, unless it has already been done under
Section – 4.
PRELIMINARY VALUATION STATEMENT
 Sale transactions for a period of three years
preceding the date of 4(1) Notification – with
combined sketch.
 Structures,
Trees
etc.,
to
be
got
valued
separately.
 Market value – Just and reasonable.
Contd..
 Capitalization method – multiplying the annual
yield by ten to twelve years multiplier.
 Preliminary Valuation Statement to be got
approved by the Joint Collector or Special
Collector as the case may be.
AWARD ENQUIRY (Section-9) :
 Collector to cause public notice to be given at
convenient places on or near the land inviting
claims to compensation for all interests in land.
(Section 9(1) and 10)
 Such notice to state particulars of land so
needed, requiring all persons interested to file
claims
to
compensation,
objections
to
measurements etc., indicating date, time and
place. (Section 9(2))
 Such date not earlier than 15 days.
 Collector also to serve notice on all persons
interested. (Section 9-3 and 10)
AWARD AND AWARD PROCEEDINGS –
SALIENT FEATURES (Section-11) :
 Award, an offer made on behalf of Govt.,
 To be passed by Collector/LAO U/s 11(1) & 11(2)
 On the day fixed, Collector to enquire into the
claims and objections of persons interested with
regard to measurements, value of the land and
respective claims and make an award of –
- True area of the land
- Compensation to be allowed
- Apportionment (Section 11-1)
Contd..
 Even Govt. also cannot question LAO’s Award
since, it is made on it’s behalf.
 Award to be passed within two years from the
date of publication of D.D. (Section 11-A)
 In cases where advance possession of land is
taken, limitation period of two years does not
apply.
 Period of Court stay excluded.
 Only clerical or arithmetical mistakes can be
corrected within six months from the date of
award.
CONSENT AWARDS :
 Provision made for passing consent awards as
per the agreement with the persons interested.
(Section 11(2))
 Provisions of Section 18 do not apply to such
awards.
COMPONENTS OF COMPENSATION (Section-9)
 Market value of the land at the date of
publication of Notification U/s 4(1) and damages
sustained by land owner at the time of taking
possession of the land.
 12% additional market value per annum from
the date of 4(1) Notification to the date of award
or the date of taking possession of land
whichever is earlier.
 Possession means possession taken U/s 16 or
17
 Period of Court stay to be excluded.
 Sum of 30%
consideration
acquisition.
solatium on market value in
of
compulsory
nature
of
 Interest @ 9% per annum
@15% after one year
compensation from the date
till the compensation is
(Section -34)
upto one year and
on all items of
of taking possession
paid or deposited.
POST AWARD STAGE :
 Collector to give immediate notice of award
(12-2) to those who are not present when award
made.
 Collector to tender payment taking acquittance
in form CC.
 Person not accepting Collector’s award may file
written application for reference to Civil Court
U/s
18(1)
raising
objections
on
title,
measurements,
amount
of
compensation,
apportionment.
 Application to be filed within six weeks in case
the person is present when award made.
Contd..
 In other cases within two months.
 Conditions to be satisfied are – the application to
be within limitation and the compensation
should have been received under protest.
 Cases of dispute as to title, apportionment to be
referred to Civil Court U/s 30.
 To deposit the compensation amount in Civil
Court U/s 31(2)
 Land to Land compensation (Section 31-3)
Contd..
 Collector to take possession after award made
(Section 16)
 Vests with Govt., free from all encumbrances.
 In case of urgency, possession can be taken U/s
17 though no award made, after expiry of fifteen
days from publication of notices U/s 9(1), 9(3)
and 10 dispensing with enquiry U/s 5-A and on
payment of 80% compensation.
REDETERMINATION OF COMPENSATION U/S 28-A :


When Civil Court enhances compensation,
persons interested in other lands covered by
same notification and aggrieved by Collector’s
award may seek redetermination within three
months from Court award.
Ingredients :
- Applicant should have been a person interested
in other lands covered by same notification.
- Application should not have made U/s 18.
- Section 28-A applies to only Civil Court orders.
- Collector to conduct enquiry and make an
award.
- When State filed Appeal on enhancement,
redetermination U/s 28-A to be awaited.
TEMPORARY OCCUPATIONS :

Collector to make agreement with parties for
maximum period of 3 years for temporary
public purpose – Compensation to be paid for
such occupation – If any dispute is there with
regard to compensation to be referred to Court
(Sections 35, 36 & 37)
PROCEDURE FOR SERVICE OF NOTICES :

Service
of
notice
in
person
where
is
practicable. (on adult male member)

By affixing a copy on the main door of the
person ordinary dwells.

By Regd. Post Ack due to his last known
residence. (Section 45)
APPEALS :

An Appeal shall lie U/s 54 to the High Court
against the decisions of Reference Court within
90 days.

An Appeal shall also lie to Supreme Court
against the decisions of High Court within 90
days.
MISCELLANEOUS :

Government shall be at liberty to withdraw
from the acquisition of any land of which
possession has not been taken. [Section 48(1)]

Exemption
(Section 51)
from
stamp
duty
and
fees.
GOVT. ASSIGNED LANDS :

Assigned lands involved in acquisition not to be
taken
possession
without
issue
of
formal
resumption orders by competent authority.

Ex-gratia to be paid as per G.O.Ms.No. 1307
Rev. (Assign.I) Dept., dated.23-12-1993 and

G.O.Ms.No.
135
I&CAD
(P.W-R&R)
Dept.,
dated.30-11-2004 in respect of Irrigation L.A.
Cases.