The Land Acquisition Act 1894

The Land Acquisition Act, 1894 . (Act No. I of 1894) 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.Correctionofclericalerrors,etc ,.., 11 14. Power to summon and enforce anendance ofwitnesses 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 IV The land Acquisition Act, 1894 PART III REFERENCE TO COURT AND PROCEDURE THEREON 39. Previous c( 18. Reference to coun , _ 15 agreement I 40. Previous erl 19. Collector's statement 10 the court 15 41. Agreement 20. ServiceofNotice _ 15 42. Publication 21. Restriction on Scope ofproceedings 15 43. Sections 3S 22. Proceeding 10 be in open court 16 to provide I 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 ofcompensation by court nollo be lowcr than the amount 44B.Land not I( awarded by the Collector 18 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"Ofthe amount ofcompensation on the basis ofthe 46. Penalty for award ofthe court 19 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 ofcompensation or deposit ofsame in court 19 52. Notice in c: 32. Investment ofmoney deposited in respect oflands belonging to persons 53. Code ofCi' incompetent to alienate 20 54. Appeals in 33. Investment ofmoney deposited in other cases 21 55. Powerto m 34. Payment ofinteresI. 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 ofland 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 The land AcquisitIon Act. 1894 v 39. Previous consent of appropriate government and execution of ::tgreclllCnt necessary 22 · 15 40. Previous enquiry 22 ........ 15 41. Agreement with appropriate go emment.. 23 .......... 15 42. Publication ofagreemcnt 23 : 15 43. Sections 39 to 42 not to apply whcre government bound by agreement I..........I. 10 provide land for companies 24 .......... 16 44. How agreement with railway company may be provcd 24 ........•. 17 44A.Restriction on transfer, ctc 24 44B.l..and nollo be acquired under this Part except for certain purpose for ........... 18 private companies other than government companics 24 :: 18 PART VIII •.......... 18 MISCELLANEOUS .•.......... 18 45. Serviceofnotices 24 46. Penalty for obstructing acquisition of land 25 ............ 19 47. Magistrate to enforce surrender 25 48. Completion ofacquisition.llot compulsory, bUI compensation to be awarded when not completcd 25 ............ 19 49. Acquisition ofpart ofhousc or building 25 :: 19 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 ~ 19 52 Notice in caseofsuitsforanythingdoneinpursuance ofAct... 26 53. Code ofCivil Procudure to apply to proceedings before court 26' , 20 1' 54. Appeals in proceedings before court 2.6 21 55. PowertOlllakerules 27 ..............21 ............21 .I. .............22 '. 22 .: 22 ~ 22 • 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 ,L 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 . 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 (g) a government company reffered to in clause (cc): (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. 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 ofany 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 ofthe 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); r extent hcreinaftcr provided (that is to say)­ 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 ofland the guardiansofminors and the committees or managcrs oflunaticsor 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; (iii) the prOVisions of '[Order XXXI ofthe First Schedule to the Code ofCivil I 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. • 4 Th~ Land Acquisition ACI, 1894 (iv) no person "entitled 10 aCI" shall be competent to receive the Under the la'll compensation-money payable to the person for whom he is entitled to act, co-operative sod unless he would have been competent to alienate the land and receive and question is being give a good discharge for the purchase money on a voluntary sale. Sueh person or tb compensation is COMMENTS defend or defenc VItiated by fraud. The dcfination ofland includes fishery rights and things attached to the earth.-AIR 1990 wnl petlt;on a~ P&H 326 : 1990 (I) Land LR 526: 1989 (1) LLR 634. Even under the Transfer ofPropcrty disciplinary enqu sec Act. the expression 'land' includes building, standing trees and crops.-AIR 1940 Sind 58 821. Ow!r (Land Acqltisitio 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 4. Publlcatjoll • time i.c. within 2 yean as required under Section II-A. the acquisition proceedings would (I) Whcne lapse. Period of two rs is to be calculated from the date of publication of declaration. nceded or ;s like Since in the prescnt petition, no substantive provision was violative. the Acquisition could that effect shall I not be quashed.-Ram Jiyawan v. Slate ofU.P AIR 1994 All 38. in that locality 0 cause publk no1 Acquisition offire-Wood is to be: separately assessed. While computing compensation for the said locality the land acquired, compensation for the acquired land is payable a~ to the value of the land. being hcreinan~ While computing compensation for fire-wood;t is to be separately assessed. While awarding (2) ThcfCl compensation for fruit-bearing tree~. it is to be assessed along with the land.- State of by such govem. 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 ofmarket 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 additionalamount of15%onthe marketvalue ofthe landacquired, but thecompensationand 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 meaningofScction3(a) ofAct. Inawellknowndecision ofPrivyCouncilin 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 ofthe vendor to part with the land and urgent necessity of the purchaser to buy must alike be disregarded and both must be: treatcd as personsdealing inthematter ofarmslengthandwithoutcompulsion. Thekey 10themeaning Provided tI ofword "compensation" is to be found in Section 23(1) and that conliists (a) "market value of attached to a the land" (b) sum of 1$% on such market ....alue which is stated to be the compensation for previously giv compulsory nature ofacquisition. 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 Subs. by Al 305, /973(1) SCR 710: 1973 (I) SCC 109. 2 Uu;. by Act I , , • 11Ie Land Acquisillon ACI. 1894 competent to receive the Under the law the beneficiary like local authority or company, or a local authority or for whom he is lntilled to act, co--operati\e society registered under the relevant State law. for whose benefit the land in :nate the land and receive and question is being acquired. is a person interested to determme just and proper compensation. ;Y on a voluntary sale. 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 ached to the earth.-AIR 1990 writ petition apnrt from the seuled law that the conduct of the Collector is amendable t. ,ndcr the Transfer of Property disciplinary enquiry and appropriate action.-AIR 1990 Mad. 160 (FBI. Reversed and 197(1; sec I crops.-AIR 1940 Sind 58 821. Overruled: Mls_ NeYl'e/y Lignite Corporalioll Ltd. v. Special Tahsildor sec (Land Acquisition) NeYl'd>~ AIR 1995 SC 1004: 1994 (4) Scale 1/19: /995(1) 21/. lIlc Act, may not nullify the I, IS-Aand 23 were alleged to PART II visions which were alleged to ACQUISITION roceeding will lapse, but the PRELIMINARY If\VESTICATION 'the award is not made within 4. Publieatioll ofpreIiminar)' notification and po"ers orofficen thereupon cquisition proceedings would (I) Whef)C\cr it appears to the l[approprialc go\'emment] that land in any locality is of publication of declaration. nceded or is likely to be needed for any public purpose ?[or for II company]. a notification to )]alivc. the Acquisition could 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 : computing compensation for thesaidlocalityJ(lIle last ofthedates ofsuch publicationandthegiving ofsuchpublic notice, lie as 10 the value oflhc land. being hereinafter referrcd to as the date oflhe publication of the notification)]. tely assessed. While awarding (2) Thereupon it shall be lnwful for any officer, ~ther generally or specially authorised long with the land.- State of by such government in this behalf. and for his servants and workmen.· (SC) 5/0, /995 (2) JT 345. to enter upon ilnd survey and take levels ofany land in such locality; It ofmarket valuc-Paymerit of to dig or bore mlO the sub-soil: i compensation because under to do all other acts f1CCcssary to ascertain .... hcthcr the land is adapted for for in sub-section (I) and the such purpose (lCd, but the compensation and to bet out the boundaries oft1le land proposcd to be taken and the intended ch in the acquisition ofthc Act line ofthe work (if any) proposed to be made thereon~ e expression "land" within the Ivy Council in Raja Vyrigherla to mark such levels. boundaries and line by placing marks and cutting Jatam, AIR 1939 PC 98, il was trenches; and. dor might reasonable cxpccllO where otherwise the l'urvey cannot be completed and the levels taken and o part with the land and urgent the boundaries and line marked. to cut down and clear away any part ofany I and both must be treated as standing crop. fence or jungle: ulsion. The key to the meaning Provided thai no pcn;on shall enter into any building or upon any enclosed court or garden It cOll!iists (a) "market value of attached to a dwelling-house (unless with the consent of the occupier thereof) without cd 10 be the compensation for previouslygivingsuchoccupierat leastscltien daysnoticein .....Tittingofhisintention 10doso. cmly one ofthe components in High Court that market value Compensation and includes the la v. Ram Mehar. AIR 1973 SC 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 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 ofthe 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 undersection 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 ofthe 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, Ifany, 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 makedifferent reports in respect ofdifferentparcelsofsuch land.to the appropriate government. publication containing his recommendation on the objections. together with the record ofthe proceedings the publica! held byhim. forthedecision 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 ofPart 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. T made to that effect under the signatureofa Secretary tosuchgovernment orofsomeofficer for making duly authorised 10 certify its orders·( and different dcclaration.c; may be made from lime to The pur lime in respect ofdifferent parcels ofany land covered by the same notification under seclion public pul'Jl 4, sub-section (I), irrespective of whether one report or different reports has or have been under Sect made (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. byI 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. 6. 29·1.1961. 4 ~b) 1. 24-9-1914. The Land Acquisition ACL 1894 7 (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 Iy or tender paymenl for all publication of the notifications: e as 10 the sufficiency of lhe Provided funher that no such declaration shall be made: unless the compensation to be the decision ofCol1«tor or awarded for sueh property is to be paid by a company. or wholly or partly out of public iall be final. 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 i under section 4. sub-section period during which any action or proceeding to be taken in pursuance: of the notification ose or for a company may. issued under section 4. sub-section (I). is stayed by an order ofa court shall be excluded. notification). object to the Explanation 2: Where the compensation to be awarded for such property is to be paid rnay be. out ofthe fundsofa corporation owned orcontrolleJ by the State. such compensation shall be the Coll«tor in writing. and decmed 10 be compensation paid out of public revenues.] 'IC1lrd '[in person or by any (2) l[Every decla.-oItion] shall be published in the Official Gazette.' [and in two daily ;hall. after hearing all such ncwpapers circulating in the locality in which the land is situate ofwhich at least one shall ~ nks necessary, :[eithcr make in the n:gionnllangU:l.ge. lind the Collector shall cause public notice ofthe substance ofsuch ection 4. sub-section (1 J. or declaration to be given at convenient places in the said locality (the last ofthe dates ofsuch •the appropriate govcmmcnt. publicalion and the giving of such public notice. being hereinafter ~ferred to as the date of he record ofthe proceedings the publication of the declaration). and such declaration shall state] the district or other he J[appropriate govcmmcn). 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 med to be interested in land plan muy be inspected. lC land were acquired under (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 Ie J[appropriate government) Section 6 obliges thott the funds for the acquisition to be paid eithet by the company ion SA. sub-section (2). that wholly or panly (rom public revenues. or (rom some funds controlled or managed by local 1p8J1y. a dcclal'Oltion shall be authority. The section however d~ not make deposil ofcompensation a condition p~edent ~emmcnt or ofsome officer for malting ofa dcclaralion.-l.I. K. PoJmadw v. State ofKerolo. AIR /991 Ker /58. 5 may be made: from time to The purpose ofnotification under SectiOl16 is to declare the requirements oflhc land for TIC notification under section public purpose. foc the Government or for a company. however. by issuance of notification :nt reports has or have been 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 Irtieular land covered by a 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 mdAcquisition (Amendment owner. but it offers no impediment with the righls ofthe property for keeping that land in his [If 1967). but before the possession. A decision cannot be claimed if he docs not lake steps soon after publication of ICndment)AeL 1984. shall be tbe notification. The persons whose land is being acquired. cun wait before approaching the )C dale of the publication of 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 8 The Land AcquisiUoIl Act. 1894 Tho La. Compulsory acqUIsition and its validity. Once the declaration of existence of the public IIlIerprcl8tion ofprovision ofSection I purpose is made under Section 6. the declaration becomes conclusive by force ofstatue. The for acquiSitIon should be paid either by th only way in \\<hich il can be gel rid of. would be by proving that what in law was regarded as from some fund controlled or manage fraud on the power. was played HO'ol.-e\'cr, once acquisition is found to be perfectly valid il compensation and not to time ofdeposil ­ would be too wide a proposition to state that the possibility of some land being surplus or appellant. the words should have been • unnecessary for the origimll purpose for which ;1 was acquired could operate rctrospeetivcly deposit of compensation is not a conditi! 10 invalidate the acquisition either fully or in part.• Kif. $rivivasan v Stale ofMyso/T!. AIR 6.- Lt. K. Ladmadas \'. Slate afKerala. A 1970 Mys. /85. See a/so Sled Hussain ~, P. WD., /99](1) AL T. 150. Polieyofthc State not to acquire ofre Declaration to be issued only after satisfaction ofthc Govcmmcnt-When the Govemmcnt is just because the propeny belongs to re Shreekshelra v. Collector: Purl, AIR J9S satisfied aft"r considering the report ifany made under Section 5·A that a particular land was needed for public purpose. only then. the notification under Scction 6 can bc issued. However. Acquisilion chal1angcd on the groun( there is no principle of law under which a valid compulsory a~uisilion could be declared the land had escalated· It was however void on the ground that the authoritydi\erted to a public purpose other than the one stated in delay and therefore. pendency ofjudicia declar.uion under Scction 6(3).· ~l1gnlP Thakor,~ Slole 0/PI/njab. AIR 1968 Dcl. 97 and due to escalation in prices notification h Gulalll Mu.~lafa \~ Stale of';/aharoshlra 1976(/) sec lJOO: 1976(/) SeR 875: AIR 1977 se proceedings cannot be made a ground to 448· /975 UJ (SCi 934. the notification issued under Section 4~ K(·rala. /997 (3) Supreme 337, 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 7. After dec:larallon. Collec:tor to ta the same. Where only co-ownership ofcoparcenery was claimed. however. lhere could be no Whcnever any land shall have been l eoparcenery in the presence ofthe father between the brothers only by excluding the falher. company. the l[approprialc governmen One co--owner may challenge the acquisition whereas the others may be satisfied with such government] in this behalf. shall direct acquisition it 'was clear from the provision ofScction 18 that the person interested in order to land. enable him to seek the remedy ofreference can do so only ifhe does nOI accept thc a\.\o'ard'or 8. Land 10 be marked out, measure accepting Ihc claim under protcst since once the compensatIon is accepted such person may The Collector shull thereupon cause lose his right ofreference under Section 18.-A~hwaniKumar Dlrillgra v. Slate a/Punjab, AIR sec section 4). to be markcd out. He shall I 1991 SC 974' 1991(1)JT 353: 1992(2) 591: /992(1) UJ ((SO 780,' 1991(lJ SCR 39: made thereof. a plan tu be made of the ce 1991(1) Scale 555. 199Z0) Cur. 587. 9. Notice to persons Inler"ted Acquisition ofthe land for a comp:lny.The notification v..as ch~l1enged on the ground that (I) The Collector shallthcn cauS( consent of Ihe State Government was not obtained and no agleemcnt was cltecuted as ncar the land to be IlIkcn, stating that II required under Section 41. However. there ""'as no material to show lhal there was any and thai claims to compensation for all violation of Rule 3 or 4. Whe~ the notification under Section 4 and 6 was issued for (2) Such noticc shall state the pa acquisition for a company and the 1>3mc was challenged on the ground that ncilhcr consent of persons interested in the land to appeal the State Government was obtained nor the company llccffied to hove executed agreement. it and place therein mentioned (such tim was nevcr stllh,,"d that provisions of Rule) hal'e been contravened In such circumstances it publil,;atioll of the notice). and to state cannot be said that thc~ was no compliance of Rul~ 3 and 4· MI.~ Larsen and Toubro Ltd the amount and particulars of their c etc. v. Slale ofGujarat. AIR /998 SC /608. objections (ifany) to the mcasurcn~nll Acquisition ofland and publication ofnotilic3tl0n-Nolilicall0n puhlished in the District require such statement to be nklde in ... Gazelle instead ofOfficial Gazcueasainsl which the objl"Ction raised for the first time before (3) The Collector shall also seN the High Court by raiyats as well as by the Company having no locus standi· The respondent such land and on all such persons Imo company for which acquisition made already derosiled huge amount towards compen.-.atlon. to act for persons so interested. as re The acquisition proceedings cannot be quashed on the basis of highly technical objections. lheir behalf. within the revcnue di:mie 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 1_ Sub. by ALO 11J~ f<)l' wurds ·Pruvil'l;l.Il the High Coun.-MIs IHzste Producrs Rf'Claimar Pl·t. LId. \' M/~. Sharar Coking Cool LJd. cce /993 SlIppl. (2) SCC 358- 1993(/) UJ (SC) 506: 19f13(J) Scale 738' /993 (I) 554. • -~--.,...-- , lition Act. 1894 The Land Acqui~ition Act, 1894 e the declaration of existence of the public InterpretationofprovisionofSection6-The provisions ofSection6obligesthatthefunds becomes conclusive by force ofstatue. The for acquisition should be paid cither by the company wholly or partly from public revenue or Iy proving that what in law was regarded as from some fund controlled or managed by a local authority and refers to source of acquisition is found to be perfectly valid it compensation and not to time ofdeposit -In case, there is any validity in the contention Qfthe : possibility of some land being surplus or appellant, the words should have been 'has been paid' and not 'is to be paid'. Making of was acquired could operate retrospectively deposit of compensation is not a condition precedent for mllking declar--,ttioll under Section l. • K.1I. Srivivasan v. State oJMysorf!. AIR 6.- Lt. K. Ladll/ados v. Statt: ofKern/a. A/R /992 Kt:r. J58. /993(J)ALT. /50. Policy ofthe State not to acquire ofreligious saneity that such acquisition will not be void lfthc Government-When the Government is just because the property belongs to religious institution.- Jagananalh Mahuprabhu Bije • mdcr Section 5-A Ihal a particular land was ShreeksheJra II. Col/ector; PI/ri. AIR /995 Ori. 56, on under Section 6 can be issued. However. Acquisition challanged on the ground thnt due to delay in disposal ofthe malter prices of compulsory acquisition could be declared the land had escalnted - It was however found thai the petitioner himself was liable for the public purpose other than theonc stated in delay and therefore. pendency ofjudicial proceeding could not be made a ground to say that "SIOle ofPUI/jab. AIR /968 Del. 97 alld due to escalation in prices notification had become bad in law. Tile pendency oflhejudicial sec 800: 1976(/) SCR 875: AIR /977 SC 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. isition of the land and the other co-.owners compensation and also for enhancement of 7. After declaration, Collector to take order for llcquisitlon ry was claimed. however. there could be no Whenever any land shall have been so declared to be needed for a public purpose or for a llhc brothers only by excluding the father. company, the '[appropriate government] or some otTicial authorised by the I[appropriate ~reas the others may be satisfied with such government] in this behalf, shall direct the Collector to take order for the acquisition ofthe ion 18 that the person interested in ordcr to land. I so only ifhe docs not acecpt the award or 8. Land to be marked out. measured lind planned :ompcnsation is accepted such perSOll may The Collector shall thereupon'cause The" land (unless it has been already marked out under 'Oni Kumar Dhingra v. SJateofPunjab, AIR section 4). to be marked out. He shall also cause it to be measured, and ifno plan has been ': /992(/) UJ ((SO 780.' /992(2) SCR 39: made thereof. a plantu be made of the same. 9. Notice to persons Interested iiliealion was challenged on the ground that (I) The Collector shall then cause public notice to be given at convenient places on or tined and no agreement was executed as ncar the land to be taken, stating that the govemment intends to take possession oftbe land. i no malerinl to show thi!t there was any and that claims to compensation for all interests in such land may be made to him. m under Section 4 and 6 was issued for . (2) Such notice shall state the particulars of the land so needed, and shall require all cngcd on the ground that neither consent of persons interested in the land to appear personnaly or by agent before the Collector at a time any !>cerncd to have executed agreement, it and place therein mentioned (such time not being earlier than fineen days after the date of >cen contravened. In such circumstances it publication of the nOlice), and to state the nature of their respective interests in the land and .ules 3 and 4M Mis. Larsen and Toubro Lid. the amount and particulars of their claims to compenS<ltioll for such interests. and their objections (ifany) to the measurements made under section 8. The Collector may in any ca'le ation-Notifiei,ltion published in the District require such statcmentto be nmde in writing and signed by the party or his agent. the objection raised for the first time before (3) The Collector shall also serve notice to the same effect on the occupier (Ifuny of lny having no locus standi-The respondent such land and on all such persons known or believed to be interested thcirin. or to be entitled ositcd huge amount towards compensation. to aet for persons so interested, as reside. or have agents authorised to receive scrvic..: un tin the basis of highly teehnic:!1 objections. their behalf, within the revenue district in which the land is situate). :(lOn 6 has not bcenpublished in thc Official Gazette- That the objection being highly 'hen the same was sought for the first time in I. Sub. by A.LO 1950 for words 'Pruvirod:ll Go\·emnu:nt. . Pvt. Lid. I'. MA Sharat Coking Coo/ Lid. 19Y3(i) Scale 738: /993 (/) CCC 554. 10 The Land Acquisilton Act. 1894 (4) In case any person so interested resides elsewhere. and has no such agent. the notice (3) The shall be sent to him by post in a letter addressed 10 him at his last known residence address or any wuy cfTCCl place ofbusiness and 1[ registered undersections 28 and 29 ofthc Indian Post Office Act. 1898). c1~whcrc in 10. Power to r~ulre and endorc:e tbe making oht.leaneals .s 10 Dames and interests (4) Not' (I) The Collector may also require any such person to make or deliver to him, at • time agrcc:mcnl m and place mentioned (such time not being earlier than finen days after the date of the 'IliA. Perio requisition), a statement containing. so far as may be: practicable. the name of every other The Col person pos~ing any interest in the land or any part thereofas co-proprietor. sub-proprietor. the date of tt mortgagee. lcnant or othcrv...ise. and oflhe nature ofsuch interest. and orlhe rents and profits entire proce~ (ifany) received or receivable on oceunt thereof for three years next preceding the date of Provide the statement. commcncem (2) Every person requimt to make or deliver. statement under this section or s«tion 9 within. peri shall be deemed to I¥= legally bound to do so within the meaning ofsections 175 and 176 of Esp..... the Indian Penal Code (45 of 1860). during whie ENQUIRY INTO MEASUREMENTS. VALUE AND CLAIMS AND AWARD stayed by an BY THE COLLECTOR 12. Award t. Enquiry apd Ilwar4 b)' Collector (I) SUI :r( I) On the day so lixed. or on any other day to which the enquiry has been adjourned. provided. be the Collector shall proceed to enquire into the objections (ifany) which any person interested whether the ha.o; stated pUNuant to a notice given under section 'J to the measurements made under section value ofthc 8. and into the value ofthe land at the date ofthe' publication oftile notific.tion under section (2) Th 4, sub-section (I), and into the respective interests of the Wrsons claiming the: eompenstion interested a and shall make an award under his hand of;­ 13. Adjoul (i) the true area of the land; TbcO, (ii) the compensation which in his opinion should be allowed for the land; and a day to be IIIJA. Cor (iii) the apportionment oftlle said compensation among all the persons known n or believed to be interested in the land. of whom, or ofwhosc claims. he (I) has informtltioo. whether or ootthey have respectivcly appeared before him: award. or , before the r l(Provided that no award shall be nude by the Collector under this sub-seclion without the award, the previous approval of the app'ropriate government or of such officer ..0; the appropriate person inte government may authorised in this behalf: Provid Provided funher that it shall be competent for the appropriate govemmentlo dircctlhat I1\llde unlet the Collector may make such ilward without such approval in such class of caliCl: al: the III the matI! appropriate government may specify in this behalf.) (2) 11 l[(2) Notwithstanding anything contained in sub-seclion (I). if at any stage of the all the pen procca1ings. the Collcctor is satisfied that allthc persons intttCSted in the land '" ho .ppearro (3) \I before him have agreed in writing on the malters to be included in the award ofthc Collector correction in the fonn prescribed by rules made by the appropriate government. he may. without making refunded a further enquiry, nmke an award according to the tern,s ofsueh agreement. arrear of I, 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 I, 1m. by J. I.... oyN.."\ 6lI of t984. w.tr. 24-9-19114. i 1894 The Land Acquisition Act. 1894 II and has no such agent, the notice (3) The detennination ofcompensation for any land under sub-section (2) shall not. in 5lasl known residence address or any way effect the detennination ofcompensation in respect ofother lands in the same locality or 'the Indian Post Office Act. 1898}. elsewhere in accordance with the provisions of this Act. ifnts as to names and iDleresis (4) Notwithstanding anything contained in the Registration Act. 1908 (16 of 1908), no make or deliver to him, at a lime agreement made under sub-section (2) shall be liable to registration under that Act.] men days after the date of the IIIlA. Period within which an award shall be made licablc. the name of every other The Collcctor shall make an award under section II within a (lCriod of two years from 1as co-proprietor. sub-proprietor. the date of the publication of the declaration and ifno award is made within that period. the lerest. and oflhc rents and profits entire proceedings for the acquisition ofthc land shall lapse: years next preceding the date of 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 ~I under this seclion or section 9 within a period oftwo years from such commencements. aning of sections 175 and 176 of 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 D CLAIMS ANO AWARD stayed by an order ofa court shall be excluded.] 12. Award ofCoiledor 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. the enquiry has been adjourned. 'any) which any person interested whether thCy have respectively appeared before the Collector or not. of the true area and [lC8surclllCnts made under seclion value of the land. and the al'portionOlent ofthe compensation among the person interested. 1oflhc nOlification under section (2) The Collector shall give immediate notice of his award to such of lhe persons crsons claiming the compcnstion 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 iOuld be allowed for the land; and a day to be fixed by him. 'IIJA. Correction of cleric.1 errors. etc. ~on among all the persons known (I) The Collector may. at any time but not later than six months from the date of the of whom. or of whose claims. he award. or where he has been required under section 18 10 make a reference to the court, rcspI.'Ctivc1y appeared before him: before the making ofsuch reference, by order. correct any clerical or arithmetical mistakes in or under this sub-section without the award or errors arising therein either on his own motion or all the application of any ~ such officer as the appropriate person interested or a local authority: Provided that no correction which is likely to affect prejudicially any person shalt be upriatc government 10 direct that made unless such person has hccn given a reasonable opportunity ofmaking a representation val in such class of cases as thc in the matter. (2) The Collector shall give immediate notice of any corrections made in the award to ction (I). if at any stage of thc all the persons interested. Ilcrested in thc land who appeared (3) Where anyexces.<; amount is proved to have been paid to any person as a result ofthe Jded in the award ofthe Collector correction made under sub-section (I), the excess amount so paid shaJ1 be liable to be (emment he may, without making refunded and in the case of any default or refusal to pay, the same may be recovered as an ueh agreement. arrear of land revenue.} ... I. Ins. brAct 68 or 1984. w.(.[ 24·9·19114. , 12 The Land Acquisition Act. 1894 '4. Power losununon and enforce at1endaneeo(\\ilnesses lind production ofdocumtnts Acqus For the purpose ofenquires 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 ofthe 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 ex Scale 100: 1995(1i Cur. 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 tothelegality orproprietyofanyfinding ororderpassed though ne or as to the regularity ofsuch proceedings and may pass such urdcr or issue such direction in publieati c relation thereto as it may think fil: pass needed fOI Provided that the appropriate government shall not 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 16. Po,", er to take posscSlilon the immed making th When the Collector has made an award under section II. he may take possession oflhc land. which shall thereupon vest absolutely in lhe gO\iemmcnt. free from all encumbrances. access to I the imme< COM~IEN"S pcrtainm, Possession taken aller passing of Ihe award. according to proposed scheme for acquisition ofthe tano- Writ pelition filed thereafter challenging the acquisilion orthe land Collector -Held, the writ petitIon will be liable to be dismissed on the ground ofdelay and lacheli. No and with II objcction was raised hy the claimants a~aillst the proposed seheme of acquisition and the of such I award became final and possession also taken, the wnt pelltion filed thereafter ellallcnging .11 t:lICUlll 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 ofthe Constititution. 10 quash the noti­ under this fication unoer section 4 and declur:Jtion under section 6 but It should be exerCised taking all ofhis 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 1894 The Land AcquiSition Act, 1894 13 es and pr::oduC'lion ofdfKumenls Acqusition of land and payment of compensation - Where notification was issued :Ior shall have power to summon between 1959 and 1965 and declaration under Section 6 made between 1966 and 1969 and es interested or any of them. and the award made in the years 198()"81 and 1983 and the compensation worked out on the basis 5, and (so far as may be ) in the ofnotification underSection4 andtheproceddingsremained pendingdue tothependencyof a civil cour! under the 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 or alter its decree made under mandatory direction regarding payment of value of the land so acquired. From reading n made under Section 26(2), the Scctionll it is clcar that the said section neither validate any pending acquisition nor it nistakc under section I3·A oflhc condones any delay which has already been occured Section Il·A introduces a statutory nl lack ofjurisdiction and devoid mandate to make an award within a period of two years from the date of publication of fits under the amended provisions. declaration under Section 6 and provides that ifno award is made within that period the-entire CC 3/6: /995f1JJT581: /995(2) 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 ollector shall be guided by It.e 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. Spe.ci al powers In eases of urgency Ie award is made by the Collector leT by way ofenquiryorotherwise) (I) In cases of urgency, whenever the appropriate government so directs, the Collector. ety orallY finding or order passed though no such award has been made, may, on the expiration of fifteen days from the ~h order or issue such direction in 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 5S or issue any order or direction from all encumbrances. :m a reasonable apportunity of (2) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any RailwayAdministration to acquire the inuncdiatepossessionofany landfor themaintenanceoftheirtr.dJit: orfor the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or II, he may take possession ofthe access to any such station. I[ or the appropriate government considers it necessary to acquire lent. free from all encumbrances. the immediate possession ofany land for the purpose ofmaintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity,] the >rding 10 proj'Oscd scheme for Collector m:\y, immediately after the publication of the notice mentioned in sub-section (I) Jenging the acquisition ofthe land and with the previous sanction ofthe appropriate government, enter upon and take possession 1C ground ofdelay and laches. No w of such land, which shall thereupon vest absolutely in the government free from scheme of acquisition and the .11 encumbrances: 'tllion filed thereafter challenging ground of laches. The High Court Provided thaI the Collector shall not take possession ofany building or part ofa building : Constititution. to quash the noti· under this sub-section without giving to the occupier thereofat least forty-eight hour's notice It It should be exercised laking all ofhis intention so to do, or such longer notice as may be reasonably sufficient to enable such llion of Greater Bombay \'. Th~ occupier to remove his movable property from such building without 1996 (8) JT 16.. 199M7} Supreme unnecessary inconvenience. CC 398' /996/31 SO 186. Sub. by Act 6& or 1984. w.d. 24_9·1984 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 oftaking possession, ofTer to the persons intf'lUled, compensation for the standing crops lhe decisi<l and trees (if any) on such land and for any other damage sustained by them caused by such was not the sudden dispossession and not excepted In section 24; and, in case such offer is nol accepted.. to apply th the value ofsuch crops and trees and the &mOunt ofsuch other damage shall be allowed for in under Seo 8'o''aJ"ding compensation for the land under the provisions herein contamed. 811 (AP). 1[(3A) Before taking possession orany land under sub-section (I) ofsub-scction (2), the Chan) Collector shall, without prejudice to the provisions ofsub-section (3),­ because 0 (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 ofthe 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 ofthe land at any time I{ after the date of (I) / the publication ofthe 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 Provi interpreted in soch a manner as not to tender any ofthe provisions of those unless there was compelling reasons for the coun to adopt extreme contingency, Section 17(3A) postulates that the ownerwill6eofferedanamountequivalentto 80percentofestimatedcompensation 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 see 5 not accepted.-Surinder Prasad Jain v. State o/U.P. /993(5) JT 385: J991(4) 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) - The Land AcquisItIon Act. 1894 " he Collector shall, at the Urgency clause under Section 17 can be exercised by appropriate Government. Where ion for the standing crops tbe decision \\'as taken by the committee appointed by the assembly, it cannot be said that it by them caused by such was nOI the decision ofGovernmenl. Where there is urgency the appropriate Government has uch offer is not accepted. to apply the provisions ofSection 17 ofthe Act and it has got power 10 dispense wilh enquiry ,ge shall be allowed for in under Section 5-A in such circwnstances.-Zeenathunisa v. Md. Abbas. 1996(4). Cur, CC ntained. 811 (AP). (1) ofsub-section (2). the Change of purpose of acquisition till acquisilion becomes final. becomes bad ab initio :3),­ because of the dispensation of urgency by diversion to a non-urgen purpose.- Union uf >eRSation for such land as India v, Nand Kishore. AIR /981 Del. 462. The application of this provision has been :d thereto. and extended to urgent cases, by virtue ofClause 4 ofthe Schedule to Calcutta Improvement Act. 1911 and Clause 5(4) of united provisions. Town Improvement Act, 1919. Application of more ofthe contingencies 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 :ction 31, sub-section (2), Section 17(2) or Section 16. after taking possession of the land stood vested in the State pply to the payment of 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 hall be taken into account these circumstances, the High Court was wrong in the judgement under appeal wbereas be :red under section 31. and awarded by the Collector 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. onths from the date of the PART III Ipropriate government, the REFERENCE TO COURT AND PROCEDURE THEREON Ie appropriate government nd, if it does so direct, a 18. Reference to court lOy time 2[ after the date of (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 M.N. Shanmugbam Cbclty, among the persons interested. ) Scale 1110: 1987(1) Cur, e and Control) Act, 1960, (2) The application shall state the grounds on which objection to the award is taken: sioRS of the Act should be ns ofthose unless there was Provided that every such application shall be made.,­ Section I7(3A) postulates (a) if the person making it was present or represented before the CaUector at Iofestimated compensation the time when be made bis award, within six weeks from the rote of the In 17(1). Where80perccnt Collector's award; It it should have been made could be paid under Section (b) in other cases, within six weeks of the receipt of the nOlice from the see JT 385· /993(4) 369. Collector under section 12, sub-section (2); or, within six months from the date ofthe 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, 16 The Land Acqui~iljull A.;I. IX')../ i Y. Lolleclor's statement to the court (I) In making the reference. the Collector sh<lll state, for the information oCthe court. in writing under his hand,­ (a) the situation and extent ofthe land, with particulars ofany trees, buildings or standing crops thereon; (b) the names ofthe' 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 ofcompensation 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 (IA)lnadl interested. respectively. every case aW31 20. Service of notice market value fc The court shall thereupon causc a notice, specifying the day on which the court will notification und proceed to detennine the objection. and directing their appearance before the court on that the Collector 01 day, to be served on the fQllowing persons, namelY'7 Explanati, (a) the applicant; periods during' of any stay or il (b) allpersonsinterested intheobjection.exceptsuch (ifany)ofthemashave consented without protest to receive payment ofthe compensation awarded; (2) In adc every case awa 'nd compulsory nal (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 Applicabil Pradesh Awas I The scope ofthe enquiry in every such proceeding shall be restricted to a consideration us on the pro of the interests of the persons affected by the objection. Acquisition fl 22. Proceedings 10 be in open courl compensation it is not necess Every such proceeding shall take place in open court, and all persons entitled to practice to be not applil in any civil court in the State shall be entitled to appear. plead and act (as the case may be) in provisions oft! such proceeding. the ground ofI 23. Matters to be considered in determining compensation Section 55 ofl Land Acquisiti (I) In determining the amount of compensation to be awarded for land acquired under the Land Acqll this Act, the court shall take into consideration- applicable to I first, the market-value of the land at the date of the publication of the amendments ir notification under section 4, sub·scction (1); , , - lX'J~ 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 for the information oftile COUll, in orthe Collector's taking possession thcre?f; thirdly, the damage (ifany), sustained by the person interested, at the time particulars ofany trees, buildings ofthe Collector's taking possession ofthe land. by reason ofsevering such land from his other land; casons to think inlerested in such fourthly, the damage (ifany) sustained by the person interested, at the time of the Collector's taking possession of the land. by reason of the lor tendered under sections 5 and acquisition injuriously affecting his other property, movable or immovable. Df compensation awarded under in any other manner, or his earnings; fifthly, if,inconsequence oftheacquisition ofthelandbytheCollector,the :celion (3A) of section 17; and] person interested is compelled to change his residence Or place ofbusiness, the reasonable expenses (ifany) incidented to such change; and npensalion, the grounds on which ned. sixthly. the damage Many) bona fide resulting from diminution ofthe profits of the land between the time of the publication of the declaration undcr Lilc giving the particulars of the section 6 and time of the Collector's taking possession of the land. Ide or delivered by the parties (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 ~e day on which the court will notification under section 4, sub-section (I) inrespectofsuch landtothedate oftheaward of earancc before the court on that the Collector or the date oftaking 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 ofthe land were held up on account ofany stay or injunction by the order of any court shall be excluded. cpt such (ifany) ofthem as have • rnl ofthe compensation awarded; (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 ofthe acquisition. the land or to the amount of the COMMENTS Applicability of the amendment of 1984 to the acquisition for the purpose of the Uttar be restricted 10 a consideration 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, tI all persons entitled to practice it is not necessary to deal with the submission that ifthe provisions of the 1984 Act are held Iand act (as the case may be) in tobenotapplicable inthemaner ofacquisitionoflandforthepurposes ofthe Adhiniyamthe ,. provisions ofthe Land Acquisition Act, as applicable under the Adhiniyam, would be void on the ground ofrepugnance under Article 254 ofthe Constitution. On a proper construction of Section 55 ofU.P. Adhiniyam, it must be held that while incorporating the provisions ofthe Land Acquisition Act in the Adhiniyam the intention of Legislature was that amendments in warded 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 ); - • 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 ofthe 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 ofII 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. (I) Every such 24. Mallen to be neglected In deter-mining conlpensation undcr this Pan. and t ,But Ihe court shall not lake inlo consideration­ (2) When the aT the Collector, unleS!; first. the degree ofurgcjlcy which has led to the acquisition; extravagant or that t sec ndly, an)! disinclination ofthe 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 ofthe usc 10 which it will be put; ofl [ nine per centUl1l datc of payment ofs fifthly, any increase to Ihe value ofthe 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. byAt! 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. , , I' 894 The Land Acquisition Act. IR94 nd Sections 23(2) and 28 as 26. Form of awards uisition for the purposes of the as Evam Vikas Parishad v. Jainul (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 Ilongwitl, solatium at 15% and with the grounds of awarding each ofthe said amounts. ~ to Rs.15 per square yard from lC High COlirt was nol proper. In (2) Every such award shall be deemed to be a decree and Ihe statement ofthe grounds of .t entitled to enhanced solatium every such award a judgement within the meaning of section 2, clausc (2), and section 2, dan Ma"ndi Samiri, Bulandshahar clausc (9), respectively, of the Code of Civil Procudure, 1908 (S of 1908), see , 1996(7) IT 120, 1996( 10) 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 ofthe 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 to the acquisition; extravagant or that he was so negligent in pUlling his case before the Collector that some I 10 part with the land acquired; deduction from his costs should be made or that he should pay a part ofthe Collector"s costs. ch, ifcaused by a private person. 28. CollectOl; may be directed to pay interest on excess compensation suit; If the sum which, in the opinion of the court, the Collector ought to have awarded as caused to the land acquired, after copensation is in excess of the sum which the Collector did award as compensation, the ration under section 6, by or in award of the court may direct that the Collector shall pay interest on such excess at the ratc e put; oP[ nine per centumJ per annum from the date on which he look possession ofthe land to the date ofpayment of such excess into court; nd acquired likely to accrue from lired; 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 ther land of the person interested which possession is taken, interest at the rate of fiOeen per centum per annum shall be ~ land acquired will be put; payable from thedate ofexpiryofthesaidperiod ofoneyearontheamountofsuchexcess or part thereof which has not been paid into court before the date ofsuch expiry.] •or disposal of, the land acquired, ~c sanction of the Collector after '128A. Re-determination of the amount of compensation on the basis of the award of notification under section 4, the court " p) Where in an award under this Part, the court allows to the applicant any amount of land on account cfits being put to compensation in excess ofthe amount awarded by the Collector under section II, the persons posed to public policy.] 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 ~r than the amount awarded by had not made an application to the Collector under section 18, by written application to the Collector within Ihree months from the date ofthe award ofthe court require that the amount ;hall nol be less than 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 II 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 may receive th and the time requisite for obtaining a copy of the award shall be ex.cluded. same to the PCI (2) The Collector shall, on receipt of an application under sub-section (I), conduct an (3) Notw inquiry after giving notice to all the persons interested and giving them a reasonbble appropriate go opportunity of being heard and make an award determining the amount of compensation make any arrar payable to the applicants. of other lands title. or in su (3) Any person who has not accepted the award under sub-section (2) may, by written parties coneen 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, (4) Nothi apply to such reference as they apply to a reference under section 18.] the powcroftll and competent PART IV APPORTIONMENT OF COMPENSATION 32. Investml • 29. P,rtka'", of appo,tioameat 10 be ,pedfied incompetent j 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 (I) Iran) as between such persons the award shall be conclusive evidence of the correctness of. section and it; the apportionmenl. person who Iu 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 (b ofthe court. PART V and shall PAYMENT investment 10 possession of 31. Payment of compensation or deposit of same in court same be appH (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 (i' 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) In a (2) lfthey shall not consent to receive it, or if there be no person competent to alienate the costs of 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 incidcntallh~ which a reference under section 18 would be submitted: (, Provided that any person admitted to be interested may receive such payment under (b protest as to the sufficiency ofthe 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: , l. 1894 The Land Acquisition Act, 1894 21 s within which an application to the Provided also that nothing herein contained shall effcct the liability ofany person. who n which the award was pronounced may receive the whole or any part ofany compensation awarded under this Act, to pay the hall be eltcluded. same to the person lawfully entitled thereto. I under sub-section (I), conduct an (3) Notwithstanding anything, in this section. the Collcctor may, with the sanction ofthc :d and giving them a reasonbble appropriate government, instead ofawarding a money compensation in respect ofany land. ning the amount of compensation 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 ler sub-section (2) may, by written parties concerned. referred by the Collector for the ; IB to 2B shall, so far as may be, (4) Nothing in the last foregoing sub-section shall be construed to interfere with or limit . seclion lB.] the power ofthe Collector to enter into any arrangement with any person interested in the land and eompctent to contract in respcct thereof. ENSATION 32. Investment of money deposited in respeci of lands belonging to penons incompetent to alienale sons agree in the apportionment of hall be specified in the award. and (I) Ifany money shall be deposited in court under sub-section (2) ofthe last preceding e evidence of t~ correctness of. 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 under section II, if any. dispute which such money shall have been deposited was held, or rear. or as to the persons to-whom , refer such dispute to the decision (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 ofthe said land, and such moneys shall remain so depositcd and invested until the same be applied--­ cctor shall tender paymem of the entitled thereto according to the (i) in the purchase of such other lands as aforesaid; or one or more of the contingencies (il) in payment to any person or person becoming absolutely entitled thereto. oe no person competent to alienate (2) In all cases of moneys deposited to which this ~Iion applies, the court shall order Ive the compensation or as to the the: costs of the following maners, including therein, all reasonable charges and expenses ofthe compensation in the court to mcidental thereto, to be paid by the Collector, namely,­ (a) the costs ofsuch invesuncnt as aforesaid; may receive such paymcnt under (b) the costs ofthc orders for the payment ofthe imerest or other proceeds of the ~urities upon which such moneys are for the time being invested, and he amount otherwise than under for the payment OUI of court of the principal of such moneys, and of all :tion 18: proceedings relating thereto, exccpt such as may be occasioned by litigation between adverse claimants. , 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 respectwhereofsuchmoneyshallhavebeen depositedorasneartherein 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 ifsuch 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 ofexpiry of the said period ofone yeal expiration of th nas 00 the amount ofcompensation or part thereof which not been paid or deposited before shall refer such the date ofsuch 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 ofthe same for such tenn as il shaH think fil acquire I~n~ fo not exceeding three years from the commencement ofsuch 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 ofthe 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<! byI 2. Subs. by Act J, Ins by Atl 6i • 94 1be Land AcqUIsition ACL 1894 23 36. Po",rr to enler-and take possession. and compensation on r-e5tontion ler this Act for any cause other any may, OD the application of () On payment of such compensation, or on exC(;uting of such a 8gT«meRt or on !he same to be invested in such making a reference under Stttion 35, the Colleclor may enter upon and take possession ofthe r. and rna' direct the interest or land, and use or pennlt the use thereof in accordance with the terms ofthe said notice. Ipaid in such manner as it may it therefrom as they might have (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 :cn deposited or as ncar thereto 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 deposited in or before takin roe<! interested shall so require, the appropriate government shall proceed under this Act to acquire with intefe;, thereon at the the land as if it was neroed permanently for a public purpose or for a company. g possession until it shall have' 37. Differ-ence as to condition ofland is not paid or deposited wilhin m. interest at the rate aftificen' In case the CollC(;tor and persons interested differ as to the condition ofthe land at the y afme said period ofone year 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. been paid or deposited before o PART VII ACQUISITION OF LAND FOR COMPANIES LAND 38. Company may be authorised to enter and survey II· ••] ~ure when difference as 10 381\. Industrial concem to be deemed company for cerlain purposes I, whenever it appears to the An industrial conccrn, ordinarily cmploying not less than onc hundred workmen owned ISC ofany waste or arable land by an individual or by an association of individuals and not being a company, desiring to opnate g01<'cmment may direct acquire land for the ereclion ofdwelling houses for workmen employed by the concern or for or such tenn as it shall think fit. the provision of amenities directly connected therewith shall. so far as concerns the :cupallOn. acquisition of such 'land, be deemed 10 a company for the purpose of this Part. and the o lite persons interested in such references to company in '[scctions4, SA, 6, 7, and 50] shall be inlcrprclcd as references also o 11, for the occupation and usc to such concern. to be taken therefrom, pay to! by monthly or other pcriodica 39. Previous consent ofappr-opriate government and execution ofllgreement necessary d such persons respectively. The provisions ofsections 6 to 16 (both inclusive) and sections 18 to 37 (both inclusive) fer as to the sufficiency of the shall not be put in force in order to acquirc land for any company l[ under this Part], unless II refer such difference to th, wilh the previous con."Cnl of the appropriate government, nor unless the company shall have e,ecuted the agreemenl hereinafter menlioned. I. Ommcd byAeI 68 of 1984, ""'.c,r. 24-9-1984 2. Subs. by ACI 68 of 1984 fOf "SCCllon SA. 6. 7. 17 and SO~ • ......c.r. 24-9-1984 3. tl\j;byAcl68ofI984,w.cf 24_9.1984 l • 24 The Land Acquisition Act, 1894 40. Previous enquiry (4A) wi " (1) Such conseOI shall not be given unless the appropriate govemment be satisfied. in either on the report aCme Collector under Section SA, sub-section (2), or by an enquiry held th 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 (5) w provision ofamenities directly connected therewith; or .w, (13) that such acquisition is needed for the construction of some building or t~ 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 42. PUblication of (b) that such acquisition is needed for the construction ofsome work. and that Every such agr such work is likely 10 prove useful to the public. Official Gazette IU1( entitled to use the ... (2) Such enquiry all be held by such officer and at such time and place as the appropriate government shall appoint. 43. Sections 39 to land (or companie (3) Such officer may summon and enforce the attendance ofwithnesses 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. The provisiol corresponding sect 41. Ag..-eement with appropdate govnnmenl never to have appli purposes ofwhich, If the appropriate government is satisfied after considering the report, if any. of the in-Council. the Sec Collector under section 5A, sub-section (2), or on the report ofthe officcr making an inquiry bound to provide II 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 44. Howag..-etmf company to enter into an agreement with the appropriate government. providing to the satisfaction of the appropriate government for the following matters, namely,­ In the case oftl of such an agrecml (I) the payment to the appropriate govemmcnt ofthe cost ofthe accquisition printed copy there< (2) the transfer, on sOoch payment, of the land tu the COmpllllY; 44A. Restriction (3) the tenns on which the land shall be held by the company; No company f (4) where the acquisition is for the purpose oferccting dwelling houses or tm the said land or an provision of amenities connected therewith, the time within which, the previous sanction i 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 Subs. few" "1"C'Ji.s( 2. SU.... by Acl 631 of 1962. for certain IIiOR1$. • 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 lie government be satisfied. industry or work which is for a public purpose, the time within which and on (2), or by an enquiry held the condition on which, the building or work shall be constructed or executed; and iain land for the erection of (5) where the acquisition is for the construction of any other wOl'k. the time by the company or for the within which and the conditions on which the work shall be executed and rewith; or maintained, and the terms on which the public shall be entitled to use the work. truction of some building or king steps for engaging itself 42. Publication of agreement purpose, or Jetion ofsome work. and that Every such agreement shall, as soon as may be after its execution, be published in the Ilie. 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 ofthis Act. such time Bnd place as the 43. Section~ 39 10 42 not to apply where government bound by agreement to provide land for companies ofwithnesses and compel the liblc, in the same manner as is The provisions of sections 39 to 42, both inclusive, shall not apply, and the ofa civil court. 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 ing the report, if any. of the in·Council. the SecretaryofStale, the Central Government or any State Government is or was ~the officer making an inquiry bound to provide land. of the purposes referred to in leCtion 40. it shall require the 44. How agreement with railway company m3Y be proved lovemment. providing to the l8lters, namcly,­ 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 aCthe caSI ofthe accquisition printed copy thereof purporting to be printed by order of governemnt. I the company; 44A. Restriction on transfer, etc. Vthe company; No company for which any land is acquired under Illis Part shall be entitled to transfer ~ting dwelling houses or the lhc said land or any part thereof by sale. mortgage. gift. lease or otherwise except witll the th, the time within which. the previous sanction of the appropriate government. which the dwelling houses or Subs. (or -~crtd under Pan III of!he Indian Poa Office AcI. 1866M b)' Act 68 of 19&4. , 26 The Land Acquisiuon ACI. 1894 448. Land not to be acquired under this Part except for certain purpose for private 48. Completion 01 companies otber than government companies not completed Notwithstanding anything contained in this Act, no land shall be acquired under this Part. (I) Except in except for the purpose mentioned in clause (a) ofsub-section (I) ofsection 40, for a private withdraw from the company which is not a government company. (2) Whenever Explanation: "Private company" and "govemment company" shall have the meanings determine the alll( respectively assigned to them in the Companies Act. 1956 (1 of 1956). consequence of thf PART VIII other person intere: MISCELLANEOUS ofthe proceedings 45. Service of notices (3) The prov (I) ~erviccs of any Dolice under this Act shall be made by delivering or tcndering a dctcnnination ofth copy thereofsigned. in the case ofa notice under section 4, by the officer therein mentioned. and. in the case ofaoy Olher notice, by an order ofthc Collector or thc Judge. 49. Acquisition 0 (2) Whenevcr it may practicable. the servicc of the notice shall be made on thc person therein named. (I) The provi (3) When such person cannot be found, the service may be made on any adult male part only ofany ho member ofhis family residing with him, and, ifno such adult male member can be found. the such house, nnanufl notice may be served by fixing the copy on the outer door ofthe home in which the person thcrein named ordinarily dwells or carries on business, ~r by fixing a ~opy thereof insome Provided Ihat conspicuous placein the office ofthe officeraforesaid orofthe Collector or in the court-house, section II, by noti and also in some conspicuous pan ofthe land to be acquired: such house. nnanuf Provided that. ifthe 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 Provided also business and I[ registered under sections 28 and 290fthc Indian Post Office Act. 1898.] and under this ACI doc service of it may be proved by the production ofthc addressee's receipt. meaning of this se court and shall not 46. Penalty for obstructing acquisition of land Whoever wilfully obstructs any person in doing any ofthe acts authonsed by section 4 or In deciding 01 section 8. or wilfully fills up, destroys, damages or displaces any trench or mark made undcr land proposed to b section 4. shall, on conviction before a Magistrate, be liable to imprisonment, for any term manufactory or bu Dot exceeding one month. or to fine not e_,cceding '[ five hundred rupees). or 10 bolh 41. Magistrate to enforce surrender (2) If, in the Ifthe Collector is opposed or impeded in taking possession under this Act ofany land, he intcrested. on aca shall. if a Magistrate.enforce the surrender of me land to himselfand. ifnot a Magistrate. he appropriate gO\CfT shall apply to a Magistrate or (within the towns of Calcutta. Madras and Bombay) to the any tIme before th Commissioner ofPolice, and such Magistrate or Commissioner (as the case be) shall enforce land of which the the surrender ofthc land to the Collector. (3) In the C,l proceedings under without delay fumi dnd shallthereafte The und Acquisition Act. 1894 27 1ain purpose for private 48. Completion of acquisition nol compulsory, but compensation 10 be 3\\-arded when nol compleled IC acquired under this Part, (I) Except in the case provided for In section 36, the government shall be at liberty to )fscction 40, for a private 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 .. shall have the meanings determine the amount of compensation due for the damage suffered by the owner in l56). 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 delivering or tendenng a dctennination ofthe compensation payable under this section. officer therein mentioned, r the Judge. 49. Acquisition of pari of house or building tiee shall be made on tbe (I) The provisions of this Act, shall not ~ put in force for the purpose of acquiring a : made on any adult male part only of ~ny house, manufactory or other building, if the o,,-ner desires that the whole of member can be found, the such house, manufactory or building shall be so acquired: house in which the person ing a copy thereof insome Provided that the owner may, at any lime before the Collector has made his award under lector or in the eourt·house, 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; 'C may be sent by post. in a idence, address or place of Provided also Ihat, ifany question shall arise as to whether any land prfjposed to be taken 'ost Office Act. 1898,] and under this ACI docs or does not fonn part of a house, manufaelory or building within the 'eeeipt. meaning of this section, the Collector shall refer the determination of such question 10 the court and shall not lake possession oflIuch land until after the question has been determined. i authorised by section 4 or In decidingnn "Such a reference the COllrt shall have regard 10 the question whether the trench or mark made under land proposed 10 be taken is reasonably required for the full and unimpaIred use ofthe house. mprisomnent, for any term manufactory or building. d rupees], or 10 both. (2) If. in the case of any claim under section 23, sulrsection (I), thirdly, by a person tder this Act ofany land. he interested. on account of the severing of the land to be acquired from his other land the and. ifnot a Magistrate, he appropriate go"ernment is ofthe opimon th:!t theelaim is unreasonable orexcessi,,'e, it mayat adras and Bombay) to the any time before the Collector has made his award. oruer the acqui!iition of the whole ofthc is the case be) shall enforce 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 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 chargesorandincidental tosuchacquisitionshall bedefrayedfromorbysuchfund orcompany. (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 ofAcl (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 ofthe award ofthe 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.} , • The Land AcqUisition Act, 1894 29 55. POl'er to makl' rules .ny (I) The appropriate government shall have power to make rules consistent with this Act ~ purpose ofacquiring land al farthe guidance ofofficcrs in all matters connected with its enforcement, and may from time )rity or of any company, the to time alter and add to the rules so made: 11 or by such fund or company. • such cases the local authority Provided Ihnt the power 10 make rules for carrying out the purpose ofPart VII ofthis Act Ie purpose of determining the 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: lIltitlcd to demand a reference 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 ~..blc with stamp-duty. and no successIve sessions. and if. I{ before the expiry of the session in whieh it is so laid or the able to pay any fee for a copy 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.] ocument registered under the jersection 57 ofthat Act. may l[ Provided also tMt every such rule made by the State Government shall be laid, as soon cumcnt.} as may be after it is made, before the State Legislature.] orAel (2) The Power to make. alter and add to rules under sub-section (I) shall be subject to ecuted against any person for the conditions ofthc rules being made. altered or added to after previous publication. :h person a month's previous ~ thereof. nor after tender of (3) All such rules. alteration and additions shall be published in the: Official Gazette, and shall thereupon ha\e the flUte of law. 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 I SUM. b) 1M: AO 1950 ror wo('{.15 MHil Majesty in.council~ ~ court and from any decree of 2. S,,~ by Act 68 of 1984. Wt.r. 24-9-19114 millie to I{ the Supreme Court] ~ 111.1 b\ Att (>II of 19lt4 for Civil Procedure, 1908. and 17:03 P&S 500 COPies. P"...d ., lttc D,I'K'o"',~ or I',;o,h.... 51."0"'<)' M~,h.t.1•• 5.,n"", l