Annexure 1 THE LAND ACQUISITION ACT, 1894 ACT ... - WWF-India
Annexure 1 THE LAND ACQUISITION ACT, 1894 ACT ... - WWF-India
Annexure 1 THE LAND ACQUISITION ACT, 1894 ACT ... - WWF-India
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<strong>Annexure</strong> 1<br />
<strong>THE</strong> <strong>LAND</strong> <strong>ACQUISITION</strong> <strong>ACT</strong>, <strong>1894</strong><br />
<strong>ACT</strong> NO.1 OF <strong>1894</strong><br />
[AS ON 1955]<br />
An Act to amend the law for the acquisition of land for public purposes and for<br />
Companies.<br />
WHEREAS it is expedient to amend the law for the acquisition of land needed for<br />
public purposes and for Companies and for determining the amount of<br />
compensation to be made on account of such acquisition; It is hereby enacted as<br />
follows:-<br />
PART I-PRELIMINARY<br />
1.Short title, extent and commencement:- (1) This Act may be called the Land<br />
Acquisition Act, <strong>1894</strong> ;<br />
(2) It extends to the whole of <strong>India</strong> except Part B States; and<br />
(3) It shall come into force on the first day of March, <strong>1894</strong>.<br />
(Part I - Preliminary)<br />
2.[Repeal ] Rep.party by the Repealing and Amending Act, 1914 (10 of 1914), s.3<br />
and Sch.II, and partly by the Repealing Act, 1938 (1 of 1938), s.2and Sch.<br />
3.Definication:- In this Act, unless there is something repugnant in the subject or<br />
context,-<br />
(a) the expression"land" includes benefits to arise out of land, and things attached<br />
to the earth or permanently fastended to anything attached to the earth;<br />
(b) the expression " person interested" includes all persons claiming an interest in<br />
compensation to be made on accout of the acquisition of land under this Act; and a<br />
person shall be deemed to be interested in land if he is interested in an easement<br />
affecting the land;<br />
(c) the expression "Collector" means the Collector of a district, and includes a<br />
Depurty Commissioner and any officer specially appointed by the appropriate<br />
Government to perform the function of a Collector under this Act;
(d) the expression "Court" means a principal Civil Court of original jurisdiction,<br />
unless the appropriate Government has appointed (as it is hereby empowered to<br />
do) a special juducial officer within any specifed lacal limits to perfom the<br />
functions of the Court under this Act;<br />
(e) the expression "Company" means a Company registered under the {See now<br />
the <strong>India</strong>n Companies Act, 1913( 7 of 1913)} <strong>India</strong>n Companies Act, 1882, or<br />
under the (English) Companies Acts, 1862 to 1890, or incorporated by an Act of<br />
Parliament {Ins.by the A.O.1950.} [ of the United Kingdom] or by an <strong>India</strong>n law,<br />
or by Royal Charter or Letters Patent {Ins.by Act 17 of 1919, s.2.}[ and includes a<br />
society registered under the Societies Registration Act, 1860, and a registered<br />
society within the meaning of the Co-operative Societies Act, 1912];<br />
{Ins.by the A.O.1950.}[(ee) the expression "appropriate Government" means, in<br />
relation to acquisition of land for the purposes of the Union, the Central<br />
Government, and, in relation to acquisition of land for any other purposes, the<br />
State Government].<br />
(f)The expression " public purpose" includes the provision of village-sites In<br />
districts in which the appropriate Government shall have declared by notification<br />
in the Official Gazette that it is customary for the Government to make such<br />
provision; and<br />
(g) the following persons shall be deemed persons "entitled to act" as and to the<br />
extent hereinafter provided (that is to say)-<br />
trustees for other persons beneficially interested shall be deemed the persons<br />
entitled to act with reference to any such case, and that to the same extent as the<br />
persons beneficially interested could have acted if free from disability;<br />
a married woman, in cases to which the English law is applicable, shall be deemed<br />
the person so entitled to act, and whether of full age or not, to the same extent as if<br />
she were unmarried and of full age ; and<br />
the guardians of minors and the committees or managers of lunatics or idiots shall<br />
be deemed respectively the persons so entitled to act, the same extent as the<br />
minors, lunatics or idiots themselves, if free from disability , could have acted:<br />
Provided that-<br />
(i) no person shall be deemed "entitled to act" whose interest in the subject- matter<br />
shall be shown to the satisfaction of the Collector or Court to be adverse to the<br />
interest of the person interested for whom he would otherwise be entitled to act;
(ii) in every such case the person interested may appear by a next friend or, in<br />
default of his appearance by a next friend, the Collector or Court , as the case may<br />
be , shall appoint a guardian for the case to act on his behalf in the conduct thereof<br />
;<br />
(iii) the provisions of {See now the Code of Civil Procedure, 1908 (5 of 1908),<br />
Sch.I Order XXXII.} Chapter XXXI of the Code of Civil Procedure shall , mutatis<br />
mutandis, apply in the case of persons interested appearing before a Collector or<br />
Court by a next friend, or by a guardian for the case, in proceedings under this Act<br />
; and<br />
(iv) no person "entitled to act" shall be competent to receive the compensation-<br />
money payable to the person for whom he is entitled to act unless he would have<br />
been competent to alienate the land and receive and give a good discharge for the<br />
purphase- many on a voluntary sale.<br />
Preliminary investigation<br />
PART II-<strong>ACQUISITION</strong><br />
{As to amendments with which this section should be read when land is required<br />
for the purposes of a Company, See s.38 (2) , infra.)<br />
(A protected monument may be acquired under this Act as if its preservation were<br />
a "public purpose" within the meaning of the Act, see s.10 of the Ancient<br />
Monuments Preservation Act, 1904 (7 of 1904).} 4.Publication of preliminary<br />
notification and powers of officers of there upon:- (1) Whenever it appears to the<br />
appropriate Government that land in any locality {Ins.by Act.38 of 1923, s.2.} [ is<br />
needed or ] is likely to be needed for any public purpose, a notification to that<br />
effect shall be published in the Official Gazette, and the Collector shall cause<br />
public notice of the substance of such notification to be given at convenient places<br />
in the said locality.<br />
(2) Thereupon it shall be lawful for any officer, either generally or specially<br />
authorised by such Government in this behalf, and for his servants and workmen.-<br />
to enter upon and survey and take levels of any land in such locality ;<br />
to dig or bore into the subsoil ;<br />
to do all other acts necessary to ascerttain whether the land is adapted for such
purpose ;<br />
to set out the boundaries of the land proposed to be taken and the intended line of<br />
the work (if any) proposed to be made thereon ;<br />
to mark such levels, boundaries and line by placing marks and cutting trenches'<br />
and.<br />
where otherwise the survey cannot be completed and the levels taken and the<br />
boundaries and line marked, to cut down and clear away any part of any standing<br />
crop, fence or jungle :<br />
Provided that no person shall enter into any building or upon any enclosed court or<br />
garden attached to a dwelling-house (unless with the consent of the occupier<br />
thereof ) without previously giving such occupier at least seven days' notice in<br />
writing of his intention to do so.<br />
5.Payment for damage:-The officer so authorised shall at the time of such entry<br />
pay or tender payment for all necessary damage to be done as aforesaid, and, in<br />
case of dispute as to the sufficiency of the amount so paid or tendered, he shall at<br />
once refer the dispute to the decision of the Collector or other chief revenue-<br />
offecer of the district, and such decision shall be final.<br />
[Objections {Ins.by s.3, ibid.}<br />
5 A.Hearing of objections:- (1) Any person interested in any land which has been<br />
notified under section 4, Sub-section (1) as being needed or likely to be needed for<br />
a public purpose or for a Company may, within thirty days after the issue of the<br />
notification, object to the acquisition of the land or of any land in the locality, as<br />
the case may be.<br />
(2) Every objection under sub-section (1) shall be made to the Collector in writing,<br />
and the Collector shall give the objector an opportunity of being heard either in<br />
person or by pleader and shall, after hearing all such objections and after making<br />
such further inquiry, if any, as he thinks necessary, submit the case for the<br />
decision of the appropriate Government, together with the record of the<br />
proceedings held by him and a report containing his recommendations on the<br />
objections,The decision of the appropriate Government on the objections shall be<br />
final.<br />
(3) For the purposes of this section, a person shall be deemed to be interested in<br />
land who would be entitled to claim an interest in compensation if the land were<br />
acquired under this Act.]
Declaration of intended acquisition<br />
6.Declaration that land is required for a public purpose:- (1) Subject to the<br />
provisions of Part VII of this Act , {Subs.by Act 38 of 1923, s.4.for "whenever it<br />
appears to the L.G."}[when the appropriate Government is satisfied, after<br />
considering the report, if any, made under section 5 A, sub-Section (2),] that any<br />
particular land is needed for public purpose or for a Company, a declaration shall<br />
be made to that effect under the signature of a Secretary to such Government or of<br />
some officer duly authorised to certify its orders :<br />
Provided that no scuh declaration shall be made unless the compensation to be<br />
awarded for such property is to be paid by a Company, or wholly or partly out of<br />
public revenues or some fund controlled or managed by a local authority.<br />
(2 ) The declaration shall be published in the Official Gazette, and shall state the<br />
district or other territorial division in which the land is situate, the purpose for<br />
which it is needed, its approximate area, and , where a plan shall have been of the<br />
land, the place where such plan may be inspected.<br />
(3) The said declaration shall be conclusive evidence that the land is needed for a<br />
public purpose or for a Company, as the case may be; and, after making such<br />
declaration , the appropriate Government may acquire the land in manner<br />
hereinafter appearing.<br />
7.After declaration Collector to take order for acquisition:- Whenever any<br />
shall have been so declared to be needed for a public purpose or for a Company<br />
the appropriate Government, or some officer authorised by the appropriate<br />
Government in this behalf, shall direct the Collector to take order for the<br />
acquisition of the land.<br />
8.Land to be marked out, measured and planned:-The Collector shall<br />
thereupon cause the land (unless it has been already marked out under section 4 )<br />
to be marked out.He shall also cause it to be measured, and if no plan has been<br />
made thereof , a plan to be made of the same.<br />
9.Notice to persons interested:- (1) The Collector shall then cause public notice<br />
to be given at convenient places on or near the land to be taken, stating that the<br />
Government intends to take possession of the land, and that claims to<br />
compensation for all interest in such land may be made to him.<br />
(2) Such notice shall state the particulars of the land so needed, and shall require<br />
all persons interested in the land to appear personally or by agenty before the<br />
Collector at a time and place therein mentioned (such time not being earlier that
fifteen days after the date of publication of the notice), and to state the nature of<br />
their respective interest in the land and the amount and particulars of their claims<br />
to compensation for such interests, and their objections (if any) to the<br />
measurements made under section 8.The Collector may in any case require such<br />
statement to be made in writing and signed by the party or his agent.<br />
(3) The Collector shall also serve notice to the same effect on the occupier (If any)<br />
of such land and on all such persons known or believed to be entitled to act for<br />
persons so interesed a s reside or have agents authorised to receive service on their<br />
behalf, within the revenue-district in which the land is situate.<br />
(4) In case any person so interested resides elsewhere, and has no such agent, the<br />
notice shall be sent to him by post in a letter addressed to him at his last known<br />
residence, address or place of business and registered under Part III of the {See<br />
now the <strong>India</strong>n Post Office Act, 1898 (6 of 1898).}<br />
<strong>India</strong>n Post Office Act, 1866.<br />
10.Power to require and enforce the making of statements as to names and<br />
interests:- (1) The Collector may also require any such person to make or deliver<br />
to him, at a time and place mentioned (such time not being earlier than fifteen days<br />
after the date of the requisition), a statement containing so far as may be<br />
practicable, the name of every other person possessing any interest in the land or<br />
any part therof as co-proprietor, sub-proprietor, mortagagee, tenant or otherwise,<br />
and of the nature of such interest, and of the rents and profits (if any) received or<br />
receivable on account thereof for three years next preceding the date of the<br />
statement.<br />
(2) Every person required to make or deliver a statment under this section or<br />
section 9 shall be deemed to be legally bound to do so within the meaning of<br />
sections 175 and 176 of the <strong>India</strong>n Penal Code.<br />
Enquiry into measuremnts, value and claims, and award by the Collector<br />
11.Enquiry and award by Collector:- On the day so fixed, or any other day to<br />
which the enquiry has been adjourned, the Collector shall proceed to enquire into<br />
the objections (if any) which any person interested has stated pursuant to a notice<br />
given under section 9 to the measurements made under sectiuon 8 , and into the<br />
value of the land {Ins.by Act 38 of 1923, s.5}[ at the date of the publication of the<br />
notification under section 4, sub-section (1)], and into the respective interests of<br />
the persons claiming the compensation and shall make an award under his hand<br />
of--<br />
(i) the true area of the land ;
(ii) the compensation which in his opinion should be allowed for the land ; and<br />
(iii) the apportionment of the said compensation among all the persons known or<br />
believed to be interested in the land, of whom, or of whose claims, he has<br />
information, whether or not they have respectively appeared before him,<br />
12.Award of Collector when to be final:- (1) Such award shall be filed in the<br />
Collector's office and shall, except as hereinafter provided, be final and conclusive<br />
evidence evidence, as between the Collector and the persons interested, whether<br />
they have respectively appeared before the Collector or not, of the true area and<br />
value of the land, and the apportionment of the compensation among the persons<br />
interested.<br />
(2) The Collector shall give immediate notice of his award to such of the persons<br />
interested as are not present personally or by their representatives when the award<br />
is made.<br />
13.Adjournment of enquiry:- The Collector may, for any cause he thinks fit from<br />
time to time adjourn the enquiry to a day to be fixed by him.<br />
14.Power to summon and enforce attendance of witnesses and production of<br />
documents:- For the purpose of enquiries under this Act the Collector shall have<br />
power to summon and enforce the attendance of witnesses, including the parties<br />
interested or any of them ,and to compel the production of documents by the same<br />
means, and (so far as may be ) in the same manner, as is provided in the case of a<br />
Civil Court under the {See now the Code of Civil Procedure, 1908 (5 of 1908).}<br />
Code of Civil Procedure.<br />
15.Matters to be considered and neglected:- In determining the amount of<br />
compensation, the Collector shall be guided by the provisions contained in<br />
sections 23 and 24.<br />
Taking possession<br />
16.Power to take possession:- When the Collector has made an award under<br />
section 11, he may take possession of the land, which shall thereupon vest<br />
absolutely in the Government, free from all encumbrances.<br />
17.Special powers in cases of urgency:- (1) In cases of urgency, whenever the<br />
appropriate Government so directs, the Collector, though no such award has been<br />
made, may, on the expiration of fifteen days from the publication of the notice<br />
mentioned in section 9, sub-section (1), take possession of any waste or arable
land needed for public purposes or for a Company.Such land shall thereupon vest<br />
absolutely in the Government, free from all encumbrances.<br />
(2) Whenever, owing to any sudden change in the channel of any navigable river<br />
or other unforeseen emergency, it becomes necessary for any Railway<br />
administration to acquire the immediate possession of any land for the<br />
maintenance of their traffic or for the purpose of making thereon a river-side or<br />
ghat station, or of providing convenient connection with or access to any such<br />
station, the Collector may, immediately after the publication of the notice<br />
mentioned in sub-section (1) and with the previous sanction of the appropriate<br />
Government enter upon and take possession of such land, which shall thereupon<br />
vest absolutely in the Government free from all encumbrances.<br />
Provided that the Collector shall not take possession of any building or part of a<br />
building under this sub-section without giving to the occupier thereof at least<br />
forty-eight hour's notice of his intention so to do, or such longer notice as may be<br />
reasonably sufficient to enable such occupier to remobe his movable property<br />
from such building without unecessary inconvenience.<br />
(3) In every case under either of the preceding sub-sections the Collector shall at<br />
the time of taking possession offer to the persons interested compensation for the<br />
standing crops and trees (if any) on such land and for any other damage sustained<br />
by them caused by such sudden dispossession and not excepted in section 24; and,<br />
in cases, such offer is not accepted, the value of such crops and trees and the<br />
amount of such other damage shall be allowed for in awarding compensation for<br />
the land under the provisions herein contained.<br />
{Ins.by Act 38 of 1923, s.6}[(4) In the case of any land to which, in the opinion of<br />
the appropriate Government, the provisions of sub-section (1) or sub-section (2)<br />
are applicable, the appropriate Government may direct that the provisions of<br />
section 5A shall not apply, and, if it does not so direct, a declaration may be made<br />
under section 6 in respect of the land at any time after the publication of the<br />
notification under section 4, sub-section (1).]<br />
PART III-REFRENCE TO COURT AND PROCEDURE <strong>THE</strong>REON<br />
18.Reference to Court:- (1) Any person interested who has not accepted the<br />
award may, be written application to the Collector, require that the matter be<br />
referred by the Collector for the determination of the Court, whether his objection<br />
be to the measurement of the land, the amount of the compensation, the persons to<br />
whom it is payable, or the appropriate of the compensation among the persons
interested.<br />
(2) The application shall state the grounds on which objection to the award is<br />
taken:<br />
Provided that every such application shall be made,---<br />
(a) if the person making it was present or represented before the Collector at the<br />
time when he made his award, within six weeks from the date of the Collector's<br />
award;<br />
(b) in other cases, within six weeks of the receipt of the notice from the Collector<br />
under section 12, sub-section (2), or within six months from the date of the<br />
Collector's award, whichever period shall first expire.<br />
19.Collectors statement to the Court:- (1) In making the reference, the Collector<br />
shall state for the information of the Court, in writing under his hand,---<br />
(a) the situation and extent of the land, with particulars of any trees, buildings or<br />
standing crops thereon;<br />
(b) the names of the persons whom he has reason to think interested in such land;<br />
(c) the amount awarded for damages and paid for tendered under sections 5 and<br />
17, or either of them, and the amount of compensation awarded under section 11;<br />
and<br />
(d) if the objection be to the amount of the compensation, the grounds on which<br />
the amount of compensation was determined.<br />
(2) To the said statement shall be attached a schedule giving the particulars of the<br />
notices served upon, and of the statements in writing made or delivered by, the<br />
parties interested respectively.<br />
20.Service of notice:- The Court shall thereupon cause a notice specifying the day<br />
on which the Court will proceed to determine the objection, and directing their<br />
apperance before the Court on that day, to be served on the following persons,<br />
namely:---<br />
(a) the applicant;<br />
(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<br />
(c) if the objection is in regard to the area of the land or to the amount of the<br />
compensation, the Collector.<br />
21.Restriction on scope of proceedings:- The scope of the inquiry in every such<br />
proceedings shall be restrcited to a consideration of the interests of the persons<br />
affected by the objection.<br />
22.Proceedings to be in open Court:- Every such proceeding shall take place in<br />
open Court, and all persons entitled to practise in any Civil Court in the State shall<br />
be entitled to appear, and act (as the case may be) in such proceeding.<br />
23.Matters to be considered in determining compensation:- (1) In determining<br />
the amount of compensation to be awarded for land acquired under this Act, the<br />
court shall take into consideration---<br />
first, the market-value of the land at the date of the publication of the {Subs, by<br />
Act 38 of 1923, s.7, for "declaration relating thereto under s.6."} [notification<br />
under section 4, sub-section (1)];<br />
secondly, the damage by the person interested, by reason of the taking of any<br />
standing crops or trees which may be on the land at the time of the Collector's<br />
taking possession thereof;<br />
thirdly, the damage (if any) sustained by the person interested, at the time of the<br />
Collector's taking possession taking possession of the l;and, by the reason of<br />
severing such land from his other land;<br />
fourthly, the damage (if any) sustained by the person interested, at the time of the<br />
Collector's taking possession of the land, by reason of the acquisition injuriously<br />
affecting his other property, movable or immovable, in any other manner, or his<br />
earnings;<br />
fifthly, if in the consequence of the acquisition of the land by the Collector, the<br />
person interested is compelled to change his residence or place of business, the<br />
reasonable expenses (if any) incidental to such change; and<br />
sixthly, the damage (if any) bona fide resulting from diminution of the profits of<br />
the land between the time of the publication of the declaration under section 6 and<br />
the time of the Collector's taking possession of the land.<br />
(2) In addition to the market-value of the land as above provided the Court shall in
every case award a sum of fifteen per centum on such market-value, in<br />
consideration of the compulsory nature of the acquisition.<br />
Comment: "It is settled law that the burden of proof of market value<br />
prevailing as on the date of publication of Section 4(1) notification is<br />
always on the claimants. Though this Court has time and again pointed out<br />
the apathy and blatant lapse on the part of the acquiring officer to adduce<br />
evidence and also improper or ineffective or lack of interest on the part of<br />
the counsel for the State to cross-examine the witnesses on material facts, it<br />
is the duty of the Court to carefully scrutinise the evidence and determine<br />
just and adequate compensation. If the sale deeds are fond to be genuine,<br />
the market value mentioned therein must be presumed to be correct. If the<br />
genuineness is doubted, it cannot be relied upon, Proper tests and principles<br />
laid down by this Court must be applied to determine compensation."<br />
Hookiyar Singh v. Special Land Acquisition Officer, Moradabad AIR 1996<br />
SUPREME<br />
COURT 3207<br />
24.Matters to be neglected in determining compensation:- But the Court shall<br />
not take into consideration---<br />
first, the degree of urgency which has led to the acquisition;<br />
secondly, any disinclination of the person interested to part with the land acquired;<br />
thirdly, any damage sustained by him, if caused by a private person, would not<br />
render such persons liable to a suit;<br />
fourthly, any damage which is likely to be caused to the land acquired, after the<br />
date of the publication of the declaration under section 6, by or in consequence of<br />
the use to which it will be put;<br />
fifthly, any increase to the value of the land acquired likely to accrue from the use<br />
to which it will be put when acquired;<br />
sixthly, any increase to the value of the other land of the person interested likely to<br />
accure from the use to which the land acquires will be put; or<br />
seventhly, any outlay or improvements on, or disposal of, the land acquired,<br />
commenced, made or affected without the sanction of the Collector after the date<br />
of the publication of the {Subs, by Act 38 of 1923, s.8, for "declaration under<br />
s.6."}[notification under section4, sub-section (1)].
25.Rules as to amount of compensation:- (1) When the applicant has made a<br />
claim to compensation, pursuant to any notice given under section 9, the amount<br />
awarded to him by the Court shall not exceed the amount so claimed or be less<br />
than the amount awarded by the Collector under section 11.<br />
(2) when the applicant has refused to make such claim or has omitted without<br />
sufficient reason (to be allowed by the Judge) to make such claim, the amount<br />
awarded by the Court shall in no case exceed the maount awarded by the<br />
Collector.<br />
(3) When the applicant has omitted for a sufficient reason (to be allowed by the<br />
Judge) to make such claim, the amount awarded to him by the Court shall not less<br />
than, and may exceed, the amount awarded by the Collector.<br />
(S.26 was re-numbered as sub-section (1) of that section by Act 19 of<br />
1921.s.2.)[26.Form of awards:- (1)] Every award under this part shall be in<br />
writing signed by the Judge, and shall specify the amount awarded under clause<br />
first of sub-section (1) of section 23, and also the amounts (if any) respectively<br />
awarded under each of the other clauses of the same sub-section, together with the<br />
grounds of awarding each of the said amounts.<br />
{Ins.by s.2, Act 19 of 1921.}[(2) every such award shall be deemed to be a decree<br />
and the statement of the grounds of every such award a judgement within the<br />
meaning of section 2, clause (2) and section 2, clause (9), respectively, of the Code<br />
of Civil Procedure, 1908.]<br />
27.Costs:- (1) Every such award shall also state the amount of costs incurred in<br />
the proceedings under this part, and by what persons and in what proportions they<br />
are to be paid.<br />
(2) When the award of the Collector is not upheld, the costs shall ordinarlily be<br />
paid by the Collector, unless the Court shall be of opinion that the claim of the<br />
applicant was so extravagant or that he was so negligent in putting his case before<br />
the Collector that some deduction from his costs should be made or that he should<br />
pay a part of the Collector's costs.<br />
28.Collector may be directed to pay interest on excess compensation:- If the<br />
sum which, in the poinion of the Court, the Collector ought to have a awarded as<br />
compensation is in excess of the sum which the Collector did award as<br />
compensation the award of the Court may direct that the Collector shall pay<br />
interest on such excess at the rate of six per centum from the date on which he<br />
took possession of the land to the date of payment of such excess into Court.
PART IV-APPORTIONMENT OF COMPENSATION<br />
29.Particulars of apportionment to be specified :- Where there are several<br />
persons interested, if such persons agree in the apportionment of the<br />
Compensation, the particulars of such apportionment shall be specified in the<br />
award, and as between such persons the award shall be consclusive evidence of the<br />
correctness of the apportionment.<br />
30.Disputes as to apportionment:- When the amount of compensation has been<br />
settled under section 11, if any dispute arises as to the apportionment of the same<br />
or any part thereof, or as to the persons to whom the same to any part thereof is<br />
payable, the Collector may refer such dispute to the decision of the Court.<br />
PART V<br />
PAYMENT<br />
31.Payment of compensation or deposit of same in Court:- (1) On making an<br />
award under section 11, the Collector shall tender payment of the compensation<br />
awarded by him to the persons interested entitlted thereto according to the award<br />
and shall pay it to them unless prevented by some one or more of the contigencies<br />
mentioned in the next sub-section.<br />
(2) If they shall not consent to receive it, or if there be no person competent to<br />
alienate the land, or if there be any dispute as to the title to receive the<br />
compensation or as to the apportionment of it, the Collector shall deposit the<br />
amount of the compensation in the Court to which a reference under section 18<br />
would be submitted;<br />
Provided that any person admitted to be interested may receive such payment<br />
under protest as to the sufficiency of the amount:<br />
Provided also that no person who has received the amount otherwise than under<br />
protest shall be entitled to make any application under section 18:<br />
Provided also that nothing herein contained shall affect the liability of any person,<br />
who may receive the whole or any part of any compensation awarded under this<br />
Act, to pay the same to the person lawfully entitled thereto.<br />
(3) Notwithstanding anything in this section the Collector may, with the sanction<br />
of the appropriate Government instead of awarding a money compensation in
espect of any land, make any arrangement with a person having a limited interest<br />
in such land, either by the grant of other lands in exchange, the remission of landrevenue<br />
on other lands under the same title, or in such other way as may be<br />
equitable having regard to the interests of the parties concerned.<br />
(4) Nothing in the last foregoing sub-section shall be construed to interfere with or<br />
limit the power of the Collector to enter into any arrangement with any person<br />
interested in the land and (As to persons who are competent to contract, see s.11 of<br />
the <strong>India</strong>n Contract Act, 1872 (9 of 1872).)competent to contract in respect<br />
thereof.<br />
32.Investment of money deposited in respect of lands belonging to persons in<br />
competent to alienate:- (1) If any money shall be deposited in Court under subsection<br />
(2) of the last preceding section and it appears that the land in respect<br />
whereof the same was awarded belonged to any person who has no power to<br />
alienate the same, the Court shall,---<br />
(a) order the money to be invested in the purchase of other lands to be held under<br />
the like title and conditions of ownership as the land in respect of which such<br />
money shall have been deposited was held, or<br />
(b) if such purchase cannot be effected forthwith, then in such Government or<br />
other approved securities as the Court shall think fit;<br />
and shall direct the payment of the interest or other proceeds arising from such<br />
investmnet to the person or persons who would for the time being have been<br />
entitled to the possession of the said land, and such moneys shall remain so<br />
deposited and invested until the same be applied---<br />
(I) in the purchase of such other lands as aforesaid; or<br />
(ii) in payment to any person or persons becoming absolutely entitled thereto.<br />
(2) In all cases of moneys deposited to which this section applies the Court shall<br />
order the costs of the following matters, including therein all reasonable charges<br />
and expenses incident thereto, to be paid by the Collector, namely:---<br />
(a) the costs of such investments as aforesaid;<br />
(b) the costs of the orders for the payment of the interest or other proceeds, of the<br />
securities upon which such moneys are for the time being invested, and for the<br />
payment out of Court of the principal of such moneys, and of all proceedings<br />
relating thereto, except such as amy be occasioned by litigation between adverse
claimants.<br />
33.Investment of money deposited in other cases:- When any money shal have<br />
been deposited in Court under this Act for any cause other than that mentioned in<br />
the last preceding section, the court may, on the appliation of any party interested<br />
or claiming an interest in such money, order the same to be invested in such<br />
Government or other approved securities as it amy think proper, and may direct<br />
the interest or other proceeds of any such investment to be accumulated and paid<br />
in such manner as it amy consider will give the parties interested therein the same<br />
benefit thereform as they might have had from the land in respect whereof such<br />
money shall have been deposited or as near thereto as may be.<br />
34.Payment of interest:- When the amount of such compensation is not paid or<br />
deposited on or before taking possession of the land, the Collector shall pay the<br />
amount awarded with interest thereon at the rate of six per centum per annum from<br />
the time of so taking possession until it shall have been so paid or deposited.<br />
PART VI TEMPORARY OCCUPATION OF LAN<br />
35.Temporary occupation of waste or arable land.Procedure when difference<br />
as to compensation exists:- (1) Subject to the provisions of Part VII of this Act,<br />
whenever it appears to the appropriate Government that the temporary occupation<br />
and use of any waste or arable land are needed for any public purpose, or for a<br />
Company, the appropriate Government may direct the Collector to procure the<br />
occupation and use of the same for such term as it shall think fit, not exceeding<br />
three years from the commencement of such occupation.<br />
(2) The Collector shall thereupon give notice in writing to the persons interested in<br />
such land of the purpose for which the same is needed, and shall, for the<br />
occupation and use thereof for such term as aforesaid, and for the materials (if<br />
any) to be taken therefrom, pay to them such compensation, either in a gross sum<br />
of moneys , or by monthly or other periodical payments as shall be agreed upon in<br />
writing between him and such persons respectively.<br />
(3) In case the Collector and the persons interested differ as to the sufficiency of<br />
the compensation or apportionment thereof, the Collector shall refer such<br />
difference to the decision of the Court.<br />
36.Power to enter and take possession, and compensation on restoration:- (1)<br />
On payment of such compensation, or on excuting such agreement or on making a<br />
reference under section 35, the Collector may enter upon and take possession of
the land, and use or permit the use thereof in accordance with the terms of the said<br />
notice.<br />
(2) On the expiration of the term, the Collector shall make or tender to the persons<br />
interested compensation for the damage (if any) done to the land and not provided<br />
for by the agreement, and shall restore the land to persons interested therein:<br />
Provided that, if the land has become permanently unfit tobe used to the purpose<br />
for which it was used immediately before the commencement of such term, and if<br />
the persons interested shall so require the appropriate Government shall proceed<br />
under this Act to acquire the land as if it was needed permanently for a public<br />
purpose or for a Company.<br />
37.Difference as to condition on land:- In case the Collector and persons<br />
interested differ as to the condition of the land at the expiration of the term, or as<br />
to any matter connected with the said agreement, the collector shall refer such<br />
difference to the decision of the Court.<br />
PART VII-<strong>ACQUISITION</strong> OF <strong>LAND</strong> FOR COMPANIES<br />
38.Company may be authorised to enter and survey:- (1) {The words "Subject<br />
to such rules as the G.G.of <strong>India</strong> in C.may from time to time prescribe in this<br />
behalf" rep.by s.2 and Sch.I of Act 38 of 1920.} The appropriate Government may<br />
authorise any officer of any Company desiring to acquire land for its purposes to<br />
exercise the powers conferred by section 4.<br />
(2) In every such case section 4 shall be constructed as if for the words "for such<br />
purpose" the words "for the purposes of the Company" were substituted; and<br />
section 5 shall be construted as if after the words "the officer" the words "of the<br />
Company" were inserted.<br />
{Ins, by Act 16 of 1933, s.6.}[38A.Industrial concern to be deemed Company for<br />
certain purposes:- An industrial concern, ordinarily employing not less than one<br />
hundred workmen owned by an individual or by an association of individuals and<br />
not being a Company, desiring to acquire land for the erection of dwelling hosuses<br />
for workmen employed by the concern or for the provision of amenities directly<br />
connected therewith shall, so far as concerns the acquisition of such land, be<br />
deemed to be a Company for the purposes of this Part, and the references to<br />
Company in sections 5A, 6, 7, 17 and 50 shall be interpreted as references also to<br />
such concern.]
39.Previous consent of appropriate Government and execution of agreement<br />
necessary:-The provisions of section 6 to 37 (both inclusive) shall not be put in<br />
force in order to acquire land for any Company, unless with the previous consent<br />
of the appropriate Governmnet, nor unless the Company shall have executed the<br />
agreement hereinafter mentioned.<br />
40.Previous enquiry:- (1) Such consent shall not be given unless the appropriate<br />
Government be satisfied, {Ins, by Act 38 of 1923, s.9}[either on the report of the<br />
Collector under Section 5A, Sub-section (2), or] by an enquiry held as hereinafter<br />
provided,-<br />
{Subs, by Act 16 of 1933, s.3, for the original clauses (a) and (b).}[(a) that the<br />
purposes of the acquistion is to obtain land for the erection of dwelling houses for<br />
workmen employed by the Company or for the provision of amenities directly<br />
connected therewith, or<br />
(b) that such acquisition is needed for the construction of some work, and that<br />
such work is likely to prove useful to the public.]<br />
(2) Such enquiry be held by such officer and at such time and place as the<br />
appropriate Government shall appoint.<br />
(3) Such officer may summon and enforce the attendance of witnesses and compel<br />
the production of documents by the same means and, as far as possible, in the<br />
same manner as is provided by the {See now the Code of Civil Procedure, 1908 (5<br />
of 1908).} Code of Civil Procedure in the case of a Civil Court.<br />
41.Agreement with appropriate Government:- {The words "Such officer shall<br />
report to the L.G.the result of the enquiry and" were rep.by Act 38 of 1923, s.10.}<br />
If the appropriate Government is satisfied {Ins, by s.10, ibid.} [after considering<br />
the report, if any, of the Collector under section 5A, sub-section (2), or on the<br />
report of the officer making an inquiry under sub-section 40] that {Ins, by Act 16<br />
of 1933, s.4.) [the purpose of the proposed acquisition is to obtain land for the<br />
erection of dwelling houses for workmen employed by the Company or for the<br />
provision of amenities directly connected therewith, or that] the proposed<br />
acquisition is needed for the construction of a work, and that such work is likely to<br />
prove useful to the public, it shall {The words "Subject to such rules as the G.G.in<br />
C.may from time to time prescribe in this behalf" rep.by Act 38 of 1920, s.2 and<br />
Sch.I.} require the Company to enter into an agreement with the appropriate<br />
Government, providing to the satisfaction of the appropriate Government for the<br />
following matters, namely:-<br />
(1) the payments to the appropriate Government of the cost of the acquisition;
(2) The transfer, on such payment, of the land to the Company;<br />
(3) the terms on which the land shall be held by the Company;<br />
{Subs, by Act 16 of 1933, s.4, for the original clauses (4) and (5).} [(4) where the<br />
acquisition is for the purpose of erecting dwelling houses or the provision of<br />
amenities connected therwith, the time within which, the conditions on which and<br />
the manner in which the dwelling houses or amenities shall be erected or provided;<br />
and<br />
(5) where the acquisition is for the construction of any other work, the time within<br />
which and the conditions on which the work shall be executed and maintained, and<br />
the terms on which the public shall be entitled to use the work.]<br />
42.Publication of agreement:- Every such agreement shall, as soon as may be<br />
after its execution, be publised {The words "in the Gazette of <strong>India</strong> and also"<br />
rep.by the A.O.1937.} in the Official Gazette and shall thereupon (so as far as<br />
regards the terms on which the public shall be entitled to use the work) have the<br />
same effect as if it had formed part of this Act.<br />
43.Sections 39 to 42 not to apply where Government bound by agreement:-<br />
The provisions of sections 39 to 42, both inclusive, shall not apply and the<br />
corresponding section of the {Rep.by this Act.} Land Acquisition Act, 1870, shall<br />
be deemed never tohave applied, to the acquisition of land for any Railway or<br />
other Company, for the purposes of which, {Subs, by the A.O.1937, for "under<br />
any agreement between such company and the Secretary of State for <strong>India</strong> in<br />
Council, the Government is, or was bound to provide land"} [under any agreement<br />
with such Company, the Secretary State for <strong>India</strong> in Council, the Secretary of<br />
State, the Central Government of any State Government is or was bound to<br />
provide land.]<br />
44.How agreement with Railway Company may be proved:- In the case of the<br />
acquisition of land for the purposes of a Railway Company, the existence of such<br />
an agreement as is mentioned in section 43 may be proved by the production of a<br />
printed copy thereof purporting to be printed by order of Government.<br />
PART VIII-MISCELLANEOUS<br />
45.Service of notices:- (1) Service, of any notice under this Act shall be made by<br />
delivering or tendering a copy thereof signed, in the case of a notice under section
4, by the officer therein mentioned, and, in the case of any other notice, by or by<br />
order of the Collector or the Judge.<br />
(2) Whenever it may be practicable, the service of the notice shall be made on the<br />
person therein named.<br />
(3) When such person cannot be found, the service may be made on any adult<br />
male member of his family residing with him; and, if no such adult male member<br />
can be found, the notice may be served by fixing the copy on the outer door of the<br />
house in which the person thererin named ordinarily dwells or carries on business,<br />
or by fixing a copy thereof in some conspicous place in the office of the officer<br />
aforesaid or of the Collector or in the Court-house, and also in some conspicous<br />
part of the land to be acquired:<br />
Provided that, if the Collector or Judge shall so direct, a notice may be sent by<br />
post, in a letter addressed to the person named therein at his last known residence,<br />
address or place of business and registered under Part III of the {See now the<br />
<strong>India</strong>n Post Office Act, 1898 (6 of 1898).} <strong>India</strong>n Post Office Act, 1866, and<br />
service of it may be proved by the production of the addressee's receipt.<br />
46.Penalty for obstructing acquisition of land:- Whoever wilfully obstructs any<br />
person in doing any of the acts authorised by section 4 or section 8, or wilfully fils<br />
up, destroys, damages or displace any trench or mark made under section 4, shall,<br />
on conviction before a Magistrate, be liable to imprisonment for any term not<br />
exceeding one month, or to fine not exceeding fifty rupees, or to both.<br />
47.Magistrate to enforce surrender:- If the Collector is opposed or impeded in<br />
taking possession under this Act of any land, he shall, if a Magistrate, enforce the<br />
surrender fo the land to himself, and, if not a Magistrate, he shall apply to a<br />
Magistrate or (within the towns of Calcutta, Madras and Bombay) to the<br />
Commissioner of Police, and such Magistrate or Commissioner (as the case may<br />
be ) shall enforce the surrender of the land to the Collector.<br />
48.Completion of acquisition not compulsory, but compensation to be<br />
awarded when not completed:- (1) Except in the case provided for in section 36,<br />
the Government shall be at liberty to withdraw from the acquisition of any land of<br />
which possession has not been taken.<br />
(2) Whenever the government withdraws from any such acquisition, the Collector<br />
shall determine the amount of compensation due to the damage suffered by the<br />
owner in consequence of the notice or of any proceedings thereunder, and shall<br />
pay such amount to the person interested, together with all costs reasonably
incurred by him in the prosecution of the proceedings under this Act relating to the<br />
said land.<br />
(3) The provisions of Part III of this Act shall apply, so far as may be, to the<br />
determination of the compensation payable under this section.<br />
49.Acquisition of part of house of building:- (1) The provisions of this Act shall<br />
not be put in force for the purpose of acquiring a part only of any house,<br />
manufactory or other building, if the owner desire that the whole of such house,<br />
manufactory or building shall be so acquired:<br />
Provided that the owner may, at any time before the Collector has made his award<br />
under section 11, by notice in wriitng, withdraw or modify his expressed desire<br />
that the whole of such house, manufactory or building shall be so acquired.<br />
Provided also that, if any question shall arise as to whether any land proposed to<br />
be taken under this Act does or does not form part of a house, manufactory or<br />
building within the meaning of this section, the Collector shall refer the<br />
determination of such question to the Court and shall not take possession of such<br />
land until after the question has been determined.<br />
In deciding on such a reference the Court shall have regard to the question whether<br />
the land proposed to be taken is reasonably required for the full and unimpaired<br />
use of the house, manufactory or building.<br />
(2) if, in the case of any claim under section 23, sub-section (1), thridly, by a<br />
person interested, on account of the severing of the land to be acquired from his<br />
other land, the appropriate Government is of opinion that the claim is<br />
unreasonable or excessive, it may, at any time before the Collector has made his<br />
award, order the acquisition of the whole of the land of which the land first sought<br />
to be acquired forms a part.<br />
(3) In the case last hereinbefore provided for, no fresh declaration or other<br />
proceedings under sections 6 to 10, both inclusive, shall be necessary; but the<br />
Collector shall without delay furnish a copy of the order of the appropriate<br />
Government to the person interested, and shall thereafter proceed to make his<br />
award under section 11.<br />
50.Acquisition of land at cost of a local authority or Company:- (1) Where the<br />
provisions of this Act are put in force for the purpose of acquiring land at the cost<br />
of any fund controlled or managed by a local authority or of any Company, the<br />
charges of and incidental to such acquistion shall be defrayed from or by such<br />
fund or Company.
(2) In any proceeding held before a Collector or Court in such cases the local<br />
authority or company concerned may appear and adduce evidence for the purpose<br />
of determining the amount of compensation:<br />
Provided that no such local authority or Company shall be entitled to demand a<br />
reference under section 18.<br />
51.Exemption from stamp-duty and fees:- No award or agreement made under<br />
this Act shall be chargeable with stamp-duty, and no person claiming under any<br />
such award or agreement shall be liable to pay any fee for a copy of the same.<br />
52.Notice in case of suits for anything done in pursuance of Act:- No suit or<br />
other proceeding shall be commenced or prosecuted against any person for<br />
anything done in pursuance of this Act, without giving to such person a months's<br />
previous notice in writing of the intended proceeding, and of the cause thereof, nor<br />
after tender of sufficient amends.<br />
53.Code of Civil Procedure to apply to proceedings before Court:- Save in so<br />
far as they may be inconsistent with anything contained in this Act, the provisions<br />
of the (See now the Code of Civil Procedure, 1908 (5 of 1908).} Code of Civil<br />
Procedure shall apply to all proceedings before the Court after this Act.<br />
{Subs, by Act 10 of 1921, s.3.} [54.Appeals in proceedings before Court:-<br />
Subject to the provisions of the Code of Civil Procedure, 1908 applicable to<br />
appeals from the original decrees, and notwithstanding anything to the contrary in<br />
any enactment for the time being in force, an appeal shall only lie in any<br />
proceedings under this Act to the High Court from the award, or form any part of<br />
the award, of the Court and from any decree of the High Court passed on such<br />
appeal as aforesaid as appeal shall lie of the Supreme Court subject to the<br />
provisions contained in section 110 of the Code of Civil Procedure, 1908, and in<br />
Order XLV thereof.]<br />
to make rules consistent with this Act for the guidance of officers in<br />
55.Power to make rules:- (1) The appropriate Government shall {The words<br />
"subject to the control of the G.G.in C." were rep.by Act 38 of 1920, s.2 and<br />
Sch.I} have power all matters connected with its enforcement, any may from time<br />
to time alter and add to the rules so made.{The provisio was rep.by the<br />
A.O.1937.}<br />
(2) The power to make, alter and add to rules under sub-section (1) shall be subject<br />
to the condition of the rules being made, altered or added to after previous<br />
publication.
(3) All such rules, alterations and additions shall {The words "when sanctioned by<br />
the G.G.in C." were rep.by Act 4 of 1914, s.2 and Sch., Pt.I} be published in the<br />
Official Gazette, and shall thereupon have the force of law.