Land Acquisition Act, 1894
(3) It shall come into force on the 1st day of March 1894.
1. Subs. by Act No. 68 of 1984, (w.e.f. 24-9-1984).
(a) The expression “land” includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;
1[“(aa) The expression “local authority” includes a town planning authority (by whatever name called) set up under any law for the time being in force];
(b) The expression “person interested” includes all persons claiming an interest in compensation to be made because of the acquisition of land under this Act-, and a person shall be deemed interested in land if he is interested in an easement affecting the land;
(c) The expression “Collector” means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the Appropriate Government to perform the functions of a Collector under this Act;
1[(cc) The expression “corporation owned or controlled by the State” means any body corporate established by or under a Central, Provincial or State Act, and includes a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956), a society registered under the Societies Registration Act, 1860 (21 of 1860). or under any corresponding law for the time being in force in a state being a society established or administered by Government and a cooperative society within the meaning of any law relating to co-operative societies for the time being in force in any State, being a co-operative society in which not less than fifty-one per centum of the paid-tip share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments,]”
(d) The expression “Court” means a principal Civil Court of original jurisdiction, unless the Appropriate Government has 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;
(e) The expression “company” means-
(i) A company as defined in Section 3 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (cc);
(ii) A society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, other than a society referred to in clause (cc);
(iii) A co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, other than a co-operative society referred to in clause (cc);
(ee) The expression “appropriate Government” means in relation to acquisition of land for the purposes of the Union the Central Government, and, in relation to acquisition of land for any other purposes, the State Government;
2[(f) The expression “public purpose” includes-
(i) The provision of village-sites, or the extension, planned development or improvement of existing village-sites;
(ii) The provision of land for town or rural planning;
(iii) The provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government 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 to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State;
(vi) The provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government, or by any authority established by Government for carrying out any such scheme, or, with the prior approval of the appropriate Government, by local authority, or a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State;
(vii) The provision of land for any other scheme of development sponsored by Government or, with the prior approval of the appropriate Government, by a local authority;
(viii) The provision of any premises or building for locating a public office, but does not include acquisition of land for companies]
(g) The following persons shall be deemed persons “entitled to act” as and to the extent hereinafter provided (that is to say)-
Trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability; a married woman, in cases to which the English law is applicable, shall be deemed the person so entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full age; and the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act to the same extent as the minors, lunatic or idiots themselves, if free from disability, could have acted:
(i) No person shall be deemed “entitled to act” whose interests in the subject matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for which he would otherwise be entitled to act;
(ii) In every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof,
(iii) The provisions of 2[Order XXXI of the first schedule to the Code of Civil Procedure, 1908 (5 of 1908)], shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and
(iv) No person “entitled to act” shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale.
1. Ins by Act No.68 of l984, sec. 3 (w.e.f. 24-9-1984).
2. Subs. by Act No.68 of 1984, (w.e.f. 24-9-1984).
To dig or bore in the sub-soil;
To do all other acts necessary to ascertain whether the land is adapted for Such Purposes;
To set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon;
To mark such levels, boundaries and line by placing marks and cutting trenches and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence and jungle:
Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven day’s notice in writing of his intention to do so.
1. Ins by Act No. 68 of 1984 sec.4 (w.e.f. 24-9-1984).
(3) For the purposes of this section, a person shall he deemed to be in load who would be entitled to claim an interest in compensation if the land were acquired under this Act.
(i) Published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 but before the commencement of the Land Acquisition (Amendment) Act, 1984 shall he made after the expiry of three years front the date of the publication of the notification; or
(ii) Published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one year from the date of the publication of the notification:
Provided further that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority,
In computing any of the periods referred to in the first proviso the period during which any action or proceeding to be taken in pursuance of the notification issued under Section 4, subsection (1), is stayed by an order of a Court shall be excluded.
Where the compensation to be awarded for such property is to he paid out of the funds of a corporation owned or controlled by the State, such compensation shall be deemed to be compensation paid out of public revenues].
(2) Every declaration shall be published in the Official Gazette, 1[and in two daily newspapers circulating in the locality in which the land is Situate of which at least on, shall be in the regional language, and the Collector shall cause public notice of the substance of such declaration to be given at convenient places in the said locality (the last of the date of such publication and the giving of such public notice, being herein after referred to as the date of publication of the declaration), and such declaration shall state] the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area, and where a plan shall have been made of the land, the place where such plan may be inspected.
(3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a company, as the case may be; and, after making such declaration the Appropriate Government may acquire the land in a manner hereinafter appearing.
1. Subs. by Act No. 68 of 1984, sec. 6 (w.e.f. 24-9-1984).
2. Ins by Act No. 68 of 1984, sec. 6 (w.e.f. 24-9-1984).
(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate.
(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to him by post in A letter addressed to him at his last known residence, address or place of business and 1[registered under Sections 28 and 29of the Indian Post Office Act, 1898 (6 of 1898)].
1. Subs. by Act 68 of 1984, sec. 7 (w.e.f. 24-9-1984).
Enquiry into measurements, value, claims, and award by the Collector.
(i) The true area of the land;
(ii) The compensation which in his opinion should be allowed for the land; and
(iii) The apportionment of the said compensation among all the persons known or believed to he interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him:
2[Provided that no award shall be made by the Collector under this subsection without the previous approval of the appropriate Government or of such officer as the appropriate Government may authorise in this behalf:
Provided further that it shall be competent for the Appropriate Government to direct that the Collector may make such award without such approval in such class of cases as the Appropriate Government may specify in this behalf];
3[(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he may, without making further enquiry, make an award according to the terms of such agreement.
(3) The determination of compensation for any land under sub-section (2) shall not in anyway affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.
(4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908) no agreement made under subsection (2) shall be liable to registration under that Act.]
1. Section 11 re-numbered as sub-section (1) thereof by Act No. 68 of 1984, sec. 8.
2. Ins. by Act No. 68 of 1984, (w.e.f. 24-9-1984).
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 said declaration is stayed by an order of a Court shall be excluded.).
1. Ins. by Act No. 68 of 1984, sec. 9 (w.e.f. 24-9-1984).
(1) The Collector may, at any time but not later than six months from the date of the award, or where he has been required under Section 18 to make a reference to the Court, before the making of such reference, by older, correct any clerical or arithmetical mistakes in the award or errors arising therein either on his own motion or on the application of any person interested or a local authority:
Provided that no correction, which is likely to affect prejudicially any person, shall be made unless such person has been given a reasonable opportunity of making a representation in the matter.
(2) The Collector shall give immediate notice of any correction made in the award to all the persons interested,
(3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may he recovered as all arrear of’ land revenue.]
1. Ins by Act No. 68 of 1984, sec. 10 (w.e.f. 24-9-1984).
1. Subs by Act No. 68 of 1984. sec. 11 (w.e.f. 24-9-1984).
1. Ins by Act No. 68 of 1984., sec.12 (w.e.f. 24-9-1984).
Provided that the Collector shall not take possession on any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours’ notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such bundling without unnecessary inconvenience.
(3) In every case under either of the proceeding subsections the Collector shall at the time of taking possession offer to the persons interested, compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in Section 24; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage, shall be allowed for in awarding compensation for the land under the provisions herein contained,
2[(3A) Before taking possession of any land under subsection (1) or subsection (2), the Collector shall, without prejudice to the provisions of sub-section (3), –
(a) Tender payment of eight per centum of the compensation for such land as estimated by him to the persons interested entitled thereto, and
(b) Pay it to them, unless prevented by some one or more of the contingencies mentioned in Section 31, sub-section (2), and where the Collector is so prevented, the provisions of Section 31, subsection (2), (except the second proviso thereto), shall apply as they apply to the payment of compensation under that section.
(3-B) The amount paid or deposited under sub-section (3A), shall be taken into account for determining the amount of compensation required to he tendered under Section 31, and where the amount so paid or deposited exceeds the compensation awarded by the Collector 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 cases of any land to which, in the opinion of the appropriate Government, the provisions of subsection (1), or subsection (2) are applicable, the appropriate Government may direct that the provisions of Section 5A shall not apply, and, if it does so direct, a declaration may be made under Section 6 in respect of the land at any time 1[after the date of the publication of the notification] under Section 4 subsection (1)
1. Subs. by Act No. 68 of 1984, (w.e.f. 24-9-1984).
2. Ins. by Act No.68 of 1984 (w.e.f. 24-9-1984).
(a) If the person making it was present or represented before the Collector at die time when he made his award, within six weeks from the date of the Collector’s award;
(b) In other cases, within six weeks of the receipt of the notice from the Collector under Section 12, sub-section (2); or within six months from the date of the Collector’s award, whichever period shall first expire.
(b) The names of the persons whom he has reasons to think interested in such land;
(c) The amount awarded for damages and paid or tendered under Sections 5 and 17, or either of them, and the amount of compensation awarded under Section 11; 1[* * *]
2[(cc) The amount paid or deposited under subsection (3A) of Section 17; and]
(d) If the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.
(2) To the said statement, shall be attached a Schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the parties interested, respectively.
1. The word “and” omitted by Act No. 68 of 1984, (w.e.f. 24-9-1984). Sec. 14
2. Ins. by Act No. 68 of 1984, sec. 14 (w.e.f. 24-9-1984.
(b) All persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and
(c) In the objection is in regard to the area of the land or to the amount of compensation, the Collector.
Secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector’s taking possession thereof,
Thirdly, the damage (if any), sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other land;
Fourthly, the damage (if any), sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;
Fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and
Sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under Section 6 and the time of the Collector’s taking possession of the land.
1[(1A) In addition to the market value of the land above provided, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum of such market-value for the period commencing on and from the date of the publication of the notification under Section 4, sub-section (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.
In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were help up on account of any stay or injunction by the order of any court shall be excluded.]
(2) In addition to the market value of the land, as above provided, the court shall in every case award a sum of 2[thirty per centum] on such market value, in consideration of the compulsory nature of the acquisition.
1. Ins by Act No. 68 of 1984, sec. 15 (w.e.f. 24-9-1984), regarding its application to proceedings pending on or after 30. 4.1982.
2. Subs. by Act No. 68 (w.e.f. 24-9-1984).
Secondly, any disinclination of the person interested to part with the land acquired;
Thirdly, any damage sustained by him, which, if caused by a private person, would not tender such person liable to a suit;
Fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under Section 6, by or in consequence of- the use to which it will be put;
Fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;
Sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;
Seventhly, any outlay or improvements on, or disposal of, the land acquired, commenced, made or effected without the sanctified of the Collector after the date of the publication of the notification under Section 4, sub-section (1); or]
1[Eighthly, any increase to the value of the land on account of its being Hart to ally use which is forbidden by land or opposed to public policy.)
1. Ins. by Act No. 68 of 1984, sec. 16 (w.e.f. 24-9-1984).
1. Sub by Act No. 68 of 1984 sec. 17 (w.e.f. 24-9-1984).
1. See act 68, sec. 30 (20, regarding its application to certain awards made and orders passed after 30.4.1982.
2. Ins by Act No. 68 of 1984 sec.18 (w.e.f. 24-9-1984).
(2) The Collector shall, on receipt of an application under sub section (1), inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants.
(3) Any person who has not accepted the award under subsection (2) may, by written application to the Collector, require that the matter be referred by the Collector for die determination of the Court and the provisions of Sections 18 to 28 shall, so fir as may be, apply to such reference as they apply to reference under Section 18.]
1. Ins by Act No. 68 of 1984 sec.19 (w.e.f. 24-9-1984).
Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:
Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under Section 18:
Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.
(3) Notwithstanding anything in this section, the Collector may, with the sanction of appropriate Government instead of awarding a money compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, the remission of land revenue on other lands held under the same title, or in such other way as may be equitable having regard to the interest of the parties concerned.
(4) Nothing in the last foregoing sub-section shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract1 in respect thereof.
1. As to who are competent to contract, see section 11 of the Indian Contract Act, 1872 (9 of 1872).
(b) If such purchase cannot be effected forthwith, then in such Government or other approved securities as the Court shall think fit;
And shall direct the payment of the interest or other proceedings arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same be applied, –
(i) In the purchase of such other lands its aforesaid; or
(ii) In payment to any person or persons becoming absolutely entitled thereto.
(2) In all cases of moneys deposited to which this section applies, the Court shall order the costs of the following matters, including therein all reasonable charges and expenses incidental thereto, to be paid by the Collector, namely. –
(a) The costs of such investments as aforesaid;
(b) The costs of the orders for the payment of the interest or other proceeds, of the securities upon which such moneys are for the time being invested, and for the payment out of Court of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.
1. See Act No. 68 of 1984, sec. 30 (3)regarding it’s application to certain cases of possession of acquired land before, on or after 30-4-982.
2. Ins by Act No. 68 of 1984, sec. 20 (w.e.f 24-9- 1984).
(3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Court.
Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, appropriate Government shall proceed under this Act to acquire the and as if it was needed permanently for a public purpose or for a company.
1. Omitted by Act No. 68 of 1984 sec. 21 (w.e.f. 24-9- 1984).
1. Subs by Act No. 68 of 1984 sec. 22 for “sections 5A, 6,7,17 and 50”.
1. Ins by Act No. 68 of 1984 sec. 23 (w.e.f. 24-9-1984).
(aa) That such acquisition is needed for the construction of some building or work for a company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, or
(b) That such acquisition is needed for the construction of some work and that such work is likely to prove useful to the public.
(2) Such enquiry shall be held by such officer and at such time and place, as the appropriate Government shall appoint.
(3) Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the 1[Code of Civil Procedure, 1908] (5 of 1908) in the case of Civil Court.
1. Subs by Act No. 68 of 1984 sec. 24 (w.e.f. 24-9-1984).
(2) The transfer, on such payment, of the land to the company;
(3) The term on which the company shall hold the land;
(4) Where the acquisition is for the purpose of erecting dwelling-houses or the provision of amenities connected therewith, the time within which, the conditions on which and the manner in which the dwelling-houses or amenities shall be erected or provided;
(4A) Where the acquisition is for the construction of any building or work for it company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, the time within which and the conditions on which the building or work shall be constructed or executed; and
(5) Where the acquisition is for the construction of any other work the time within which and the conditions on which the work shall be executed and maintained and the terms on which the public shall be entitled to use the work.
”Private company” and “Government Company” shall have the meanings respectively assigned to them in the Companies Act, 1956 (1 of 1956).
(3) When such person cannot be found, the service may be made on any member of his family residing with him; and if no such adult male member can be found the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house, and also in some conspicuous part of the land to he acquired:
Provided that if the Collector or Judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and 1[registered under Sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)] and service of it may be proved by the production of, the addressee’s receipt.
1. Sub by Act No. 68 of 1984 sec. 25, for “registered under Part III of the Indian Posssst Ofice Act, 1866.
1. Subs by Act No.68 of l984 sec. 26 for “fifty rupees” (w.e.f.24-9-1984).
(3) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.
Provided also that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Court and shall not take possession of such land until, after the question has been determined.
In deciding on such a reference the Court shall have regard to the question whether the land proposed to be taken is reasonably required for the full and unimpaired use of the house, manufactory or building.
(2) If, in the case of any claim under Section 23, sub-section (1), thirdly, by a person interested, on account of the serving of the land to be acquired from his other land, the appropriate Government is of opinion that the claim is unreasonable or excessive, it may at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part.
(3) In the case last here-in-before provided for, no fresh declaration or other proceedings under Sections 6 to 10, both inclusive, shall be necessary but the Collector shall without delay furnish a copy of the order of the appropriate Government to the person interested, and shall thereafter proceed to make his award under section 11.
Provided that no such local authority or Company shall be entitled to demand a reference under Section 18.
1. Ins. by Act No. 68 of 1984, sec. 27 (w.e.f. 24-9- 1984).
1. Subs by Act No. 68 of 1984, sec. 28 (w.e.f. 24-9-1984).
Provided that the power to make rules for carrying out the purposes of Part VII of this Act shall be exercisable by the Central Government and such rules may be made for the guidance of the State Governments and the officers of the Central Government and of the State Governments:
Provided further that every such rule made by the Central Government shall be laid as soon as may be after it is made, before each Houses of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, 1[before the expiry of the session, in which it is so laid or the successive sessions aforesaid, both house agree in making any modification in the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
1[Provided also that every such rule made by the State Government shall be laid, as soon as may be after it is made, before the State Legislature.]
(2) The power to make, alter and add to rules under subsection (1) shall be subject to the condition of the rules being made, altered or added to after previous publication.
(3) All such rules, alterations and additions shall be published in the Official Gazette, and shall thereupon have the force of law.
1. Subs by Act No. 68 of 1984 sec. 29 (w.e.f. 24-9-1984).