Land Acquisition Act, 1894
Land Acquisition Act, 1894 is Act 1 of 1894. It is an important Act related to Land Laws and was enacted during British reign. After the independence of India, the Union and the State Governments continued implementing it as a tool of 'distributive justice' and the aspirations of the Constitution of India.
- Land Acquisition is different from Land Ceiling.
- Notification under Section 4 is the beginning of the acquisition process and is essential. It is considered a notice and audi alteram partem. It gives the other party, an opportunity to be heard. Section 6 is conclusive evidence.
- The Supreme Court has held in several judgments that if the land owners are aggrieved by the acquisition proceedings, they must challenge the same atleast before an award is made and the possession of the land in question is taken by the government authorities.
- The Preamble says the act was brought for allowing the acquisition of land needed for public purpose and for companies and for determining the amount of compensation to be made on account of such acquisition.
- Section 3 deals with the topic of persons interested.
- Section 4 deals with publication of preliminary notification and powers of officers thereupon
- Section 5 deals with payment for damages.
- Section 5A deals with hearing of objections
- Section 6 deals with declaration that the land is for public use
- Section 7 says that after declaration, the collection can take order for acquisition
- Section 8 deals with land to be marked out, measured and planned
- Section 9 deals with notice to persons interested
- Section 10 is about the power to require and enforce the making of statements as to names and interest
- Section 11 deals with enquiry and award by the Collector.
- Section 12 deals with award by the Collector.
- Section 13 deals with Collector's power to adjourn an inquiry.
- Section 14 deals with Collector's power to summon and enforce attendance of witness and production of documents.
- Section 15 deals with matters to be considered and neglected and power to call for records
- Section 16 on Collector's power to take possession.
- Section 17 on Special Powers of appropriate Government or Collector in cases of Urgency. Acquisition to become invalidated for delay on the part of the State.
- Section 18 deals reference to court and procedure thereon
- Section 19 deals Collector's statement to Court
- Section 20 deals with Service of notice by the Court
- Section 21 restricts Court proceedings to consideration of interests of the persons affected by the objection.
- Section 22 says the scope of inquiry in every such proceeding is an open court. Any person practicing in any Civil Court in the State shall be entitled to appear, plead and act in such proceeding.
- Section 23 deals with matters to be considered in determining compensation.
- Section 24 deals with matters that are not to be considered in determining compensation.
- Section 25 says that the compensation awarded by the Court shall not be less that was awarded by the Collector.
- Section 26 deals with form of award by the Court, given in writing and signed by the judge. Grounds for awarding each of the amount shall be mentioned.
- Section 27 says that every award also shall state the cost incurred in the proceedings under this part, and by what persons and in what proportions they are to be paid.
- Section 28 says Collector may be directed to pay interest on excess compensation
- Section 28A says Re-determination of the amount of compensation on the basis of the award of the Court
Appointment of Compensation
- Section 29: Particulars of apportionment to be specified
- Section 30: Dispute as to apportionment
Part V: Payment
- Section 31: Payment of compensation or deposit of same in Court
- Section 48 says that the appropriate Government is at liberty to withdraw from acquisition (except in case provided for Section 36). The Collector shall determine the amount of compensation due for the damages suffered by the owner in consequence of a notice or of any proceeding. The amount will be paid by the Collector along with reasonable costs incurred. Provisions of Part III will apply for the determination of compensation payable.
Related Cases / Recent Cases / Case Laws
- Vasant Balu Patil and Others v Mohan Hirachand Shah and Others, Civil Appeal Jurisdiction, Civil Appeal No 821-825 OF 2009, Supreme Court of India judgement dated October 9, 2015
- Laxman Lal (Dead) Through v State of Rajasthan and Others, Civil Appeal Jurisdiction, Civil Appeal No. 6392 OF 2003, Supreme Court of India judgement dated March 1, 2013
- Voltas Limited vs Tehsildar, Thane and Others, Civil Appeal No. 8557 of 2003, Supreme Court of India judgement dated October 8, 2012
- Surinder Singh Brar and Others Vs Union of India and Others, Civil Appeal Nos.7454-7459 of 2012, Supreme Court of India judgement delivered on October 11, 2012
- M/s. Real Estate Agencies Vs Govt. of Goa and Ors, Civil Appeal No. 6383 of 2012, Supreme Court Judgement delivered on September 10, 2012
- D Gopala Krishna Rao and others vs. District Collector, Agent to the Government of Andhra Pradesh and others (1998(3) ALT 791)
- September 3, 2013: Rajya Sabha to take up Land Acquisition Bill Tomorrow
Related Statutes / Legislation
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2012
- Andhra Pradesh (Andhra Area) Tenancy Act, 1958
- Andhra Pradesh Escheats and Bona Vacantia Act, 1974