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State Of Madhya Pradesh And Ors vs Vishnu Prasad Sharma And Ors on 9 February, 1966
V. Padmanabha Ravi Varma Raja And ... vs The Deputy Tahsildar Chittur And ... on 11 October, 1962
Bastyan Jao Patil vs The Special Land Acquisition ... on 26 September, 1966
Roshanara Begum vs Union Of India on 1 December, 1995
Smt. Chatro Devi vs Union Of India (Uoi) And Ors. on 3 March, 2005

[Complete Act]
Central Government Act
Section 6 in The Land Acquisition Act, 1894
6 Declaration that land is required for a public purpose. —
(1) Subject to the provisions of Part VII of this Act, 25 [when the] 26 [appropriate Government] is satisfied after considering the report, if any, made under section 5A, sub-section (2), that any particular land is needed for a public purpose, or for a Company, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders 27 [, and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (1), irrespective of whether one report or different reports has or have been made (wherever required) under section 5A, sub-section (2)]: 28 [ 29 [Provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1),—
(i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 (1 of 1967) but before the commencement of the Land Acquisition (Amendment) Act, 1984 68 of 1984) shall be made after the expiry of three years from 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:]
30 [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. 31 [ Explanation 1.—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, sub-section (1), is stayed by an order of a Court shall be excluded. Explanation 2.—Where the compensation to be awarded for such property is to be 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]. State Amendments Andhra Pradesh. —In section 6,—
(a) for sub-section (1), substitute the following sub-section, namely:— “(1) Where the appropriate government or the District Collector is satisfied that any particular land is needed for the purpose of construction, extension or improvement of any dwelling house for the poor, a declaration shall be made to that effect under the signature of a Secretary to such Government or any other officer duly authorised to certify their orders or the District Collector as the case may be and different declarations may be made from time to time in respect of different parcels of land covered by the same notification under section 4, sub-section (1): Provided that no such declaration shall be made unless the compensation to be awarded for such property is to be paid wholly or partly out of public revenues or some fund controlled or managed by a local authority.;
(b) in sub-section (2), after the words “Official Gazette”, insert the words “of the District Gazette”;
(c) in sub-section (3),—
(i) for the words “for a public purpose or for a company, as the case may be”, substitute the expression “for the public purpose specified in sub-section (1)”;
(ii) after the words “appropriate Government” insert the words or the District Collector”.
[ Vide Andhra Pradesh Act 22 of 1976, sec. 2 (w.r.e.f. 12-9-1975)].
Bihar —In section 6,—
(i) for sub-section (1), substitute the following sub-section, namely:— “(1) Subject to the provisions of Part VII of this Act, where the appropriate Government is satisfied after considering the Collector's report, if any, under the Proviso to sub-section (2) of section 5A, or the Collector is satisfied after hearing the objections, if any, under section 5A, that any particular land is needed for a public purpose or for a company, a declaration shall be made by the appropriate Government or the Collector, as the case may be, to that effect in writing: Provided 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 the Consolidated Fund of the State or some fund controlled or managed by a local authority.”;
(ii) in sub-section (3), after the words “appropriate Government”, insert the words “or the Collector, as the case may be,”
[ Vide Bihar Act 11 of 1961, sec. 6 (w.e.f. 1-6-1961)].
(Darbhanga) —In the construction of section 6 of the Land Acquisition Act, 1894, the publication of a notification under section 32 of the Darbhanga Improvement Act, 1934, shall be deemed to be the date of the publication of the declaration under section 6 of the Land Acquisition Act, 1894, for the purposes of section 23 sixthly and section 24 fourthly of the Land Acquisition Act, 1894. [ Vide Bihar and Orissa Act IV of 1934, sec. 41]. Patna (City). —Subject to the provisions of paragraphs 6 and 7* of this Schedule, the issue of a notice under clause (c) of sub-section (3) of section 39 of the Bihar Town Planning and Improvement Trust Act, 1951, in the case of land proposed to be acquired in pursuance of that clause, and in any other case the publication of a notification under section 52 of that Act shall be substituted for and have the same effect as a declaration under section 6 of the Land Acquisition Act, 1894, except where a declaration under the last-mentioned section has been previously made and is in force. [ Vide Bihar Act XXXV of 1951, sec. 71 and Sch., para. 2(3) (w.e.f. 1-6-1950)]. * See State Amendments—Patna (City) under sections 23 and 24.
Gujarat —Same as that of Maharashtra made by Bombay Act 8 of 1958, with the following modifications:—
(i) in section 6, in sub-section (1), omit the words “or, as the case may be, the Commissioner” and “or, as the case may be, under the signature of the Commissioner”; and
(ii) in sub-section (3), omit the words “or, as the case may be, the Commissioner”.
[ Vide Gujarat Act 15 of 1964, sec. 4 and Sch. (w.e.f. 15-5-1964)]. Himachal Pradesh. —In section 6, in sub-section (1), in the first proviso, for the words three years” substitute the words “two years”. [ Vide Himachal Pradesh Act, 1979 (4 of 1980), sec. 2 (w.e.f. 20-4-1980)]. Karnataka 35. —(1) In section 6,—
(1) in sub-section (1), for the portion commencing with the words “a declaration shall be made to that effect” and ending with the words “some fund controlled or managed by a local authority”, substitute the words, brackets, figure and letter “such Government shall direct the Deputy Commissioner to proceed under sub-section (1A)”;
(2) After sub-section (1), insert the following sub-section, namely:— “(1A) The Deputy Commissioner shall, thereupon, within two months from the date on which he receives such direction,—
(a) cause the land (unless it has been already marked out under section 4) to be marked out;
(b) also cause it to be measured, and, if no plan has been made therefor, a plan to be made of the same; and
(c) report to the appropriate Government the result of the operations under this sub-section. The appropriate Government shall then make a declaration that the land is needed for a public purpose or for a company”.
[ Vide Mysore Act 17 of 1961, sec. 10 (w.e.f. 24-8-1961)].
(3) In sub-section (1A) inserted by Mysore Act 17 of 1961, after the words “for a company” add the following namely:— “and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under sub-section (1) of section 4: Provided that no declaration in respect of any particular land covered by a notification under sub-section (1) of section 4, published after the commencement of the Land Acquisition (Mysore Amendment and Validation) Act, 1967, shall be made after the expiry of three years from the date of such publication. Explanation. —In computing the period of three years specified in this sub-section, any period during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 4 is held up on account of stay or injunction by order of a Court shall be excluded”.
[ Vide Mysore Act 10 of 1968, sec. 2 (w.e.f. 1-3-1968)]. [ Vide Karnataka Act 33 of 1991, sec. 3 (w.e.f. 27-11-1991).]
Kerala —(i) In section 6, in sub-section (1),—
(a) after the words “the appropriate Government”, insert the words “or the Board of Revenue”;
(b) after the words “to certify its orders”, insert the words “or of the Secretary of the Board of Revenue, as the case may be”;
(ii) in sub-section (3), after the words “appropriate Government”, insert the words “or the Board of Revenue, as the case may be.”
[ Vide Kerala Act 28 of 1985, sec. 4 (w.r.e.f. 1-4-1985)].
Maharashtra —(1) In section 6,—
(i) in sub-section (1),
(a) after the words “appropriate Government”, insert the words “or, as the case may be, the Commissioner”;
(b) after the words “its orders”, insert the words “or, as the case may be, under the signature of the Commissioner”;
(ii) in sub-section (3), after the words “appropriate Government” insert the words “or, as the case may be, the Commissioner”.
[ Vide Bombay Act 8 of 1958, sec. 3 (4) and Notification No. L.A.Q. 2558/V, dated 5th September, 1958; Bombay Government Gazette, 1958, Pt. IVB, page 937; Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
(2) 32 [Every declaration] shall be published in the Official Gazette, 33 [and in two daily newspapers circulating in the locality in which the land is situate of which at least one 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 hereinafter 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 34 [appropriate Government] may acquire the land in a manner hereinafter appearing.
(4) For sub-section (2), substitute the following sub-section, namely:— “(2) Such declaration shall be published in the Official Gazette, and in two daily newspapers circulating in the locality in which the land is situate, of which at least one shall be in the regional language and the Deputy Commissioner shall cause public notice of the substance of such declaration to be given at convenient places in the said locality (the last of the dates of such publication and the giving of such public notice being hereinafter referred to as the date of the publication of 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 survey number, if any and where a plan shall have been made of the land, the place where such plan may be inspected: Provided that the declaration as published in the Official Gazette shall contain the precise boundaries of the land.”
(2) Nagpur (City). —Subject to the provisions of clauses 10 and 11* of this Schedule to the Nagpur Improvement Trust Act, 1936, the issue of a notice under sub-section (4) of section 32 of that Act, in the case of land acquired under that sub-section, and in any other case the publication of a notification under section 45 of that Act shall be substituted for, and have the same effect as a declaration by the Local Government under section 6 of the Land Acquisition Act, 1894, unless a declaration under the last-mentioned section has previously been made and is in force. [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 2(2) (w.e.f. 1-1-1937); Maharashtra (Vidarbha Region) A.L.O., 1956]. * See State Amendments—Nagpur City under sections 23 and 24 post.
(3) In section 6, in sub-section (1), to the proviso, the following Explanation shall be deemed to have been added:— “ Explanation. —Where compensation to be awarded for such property is paid or to be paid out of any money provided by the State Government to a company, being a corporation owned or controlled by the State, whether provided as loan, grant or otherwise howsoever, for the purpose of payment of the whole or part of the compensation, such compensation shall be deemed to be compensation paid or to be paid out of public revenues.” [ Vide Maharashtra Act 24 of 1965, sec. 3]. In section 6,— Punjab: Haryana: Chandigarh. —Subject to the provisions of clauses 10 and 11* of the Schedule to the Punjab Town Improvement Act, 1922, the issue of a notice under sub-section (1) of section 32 of that Act in the case of land acquired under that sub-section, and in any other case the publication of a notification under section 42 of that Act shall be substituted for and have the same effect as a declaration by the State Government under section 6 of the Land Acquisition Act, 1894, unless a declaration under the last-mentioned section has previously been made and is still in force. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 2(2); Act 31 of 1966, sec. 88]. * See State Amendments—Punjab under sections 23 and 24 post.
Rajasthan —In section 6:—
(a) in sub-section (1),—
(i) after the words “certify its orders”, the following shall be inserted, namely:— “and different declarations may be made from time to time in respect of different parcels of any land covered by the same notice given under section 4, sub-section (5), irrespective of whether one report or different reports has or have been made (whether required) under section 5A, sub-section (2)”;
(ii) for the words “Provided that” the following shall be substituted, namely:— “Provided that no declaration in respect of any particular land covered by a notice under section 4, sub-section (5), given after the commencement of the Rajasthan Land Acquisition (Amendment and Validation) Act, 1981, shall be made after the expiry of three years from the date of giving such notice: Provided further that”.
[ Vide Rajasthan Act 15 of 1981, sec. 3 (w.e.f. 27-6-1981)].
Sikkim —In section 6, in sub-section (2), omit the word “daily”. [ Vide Sikkim Act 6 of 1992, sec. 3 (w.e.f. 10-7-1992)]. Tamil Nadu. — Madras (City). —Subject to the provisions of paragraphs 6 and 7** of the Schedule to Madras City Improvement Trust Act, 1950, the issue of a notice under clause (c) of sub-section (3) of section 40 of the Act in the case of land proposed to be acquired in pursuance of that clause, and in any other case the publication of a notification under section 53 of that Act shall be substituted for and have the same of effect as a declaration under section 6 of the Land Acquisition Act, 1894; except where a declaration under the last-mentioned section has been previously made and is in force. [ Vide Madras Act 37 of 1950, sec. 73 and Sch., para 2(3) (w.e.f. 27-2-1951); Tamil Nadu, A.L.O., 1969]. ** See the State Amendments—Madras (City), under sections 23 and 24, post. In section 6, in sub-section (1), to the first proviso, add the following Explanation, namely :— “Explanation. —In computing the period of three years specified in this proviso, any period during which any action or proceeding to be taken in pursuance of the notification issued under sub-section (1) of section 4 is held up on account of stay or injunction by order of a court, shall be excluded.” [ Vide Tamil Nadu Act 41 of 1980, sec. 2 (w.r.e.f. 20-1-1967)]. Uttar Pradesh. —Subject to the provisions of Paragraphs 10 and 11 # of Schedule II of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, the issue of a notice under sub-section (4) of section 348 of that Act in the case of land acquired under that sub-section and the publication of a notification under section 263 of that Act in the case of land acquired under any other improvement scheme under that Act shall be substituted for and have the same effect as a declaration by the State Government under section 6 of the Land Acquisition Act, 1894, unless the declaration under the last-mentioned section has previously been made and is still in force. [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch., para. 2(2)]. # See State Amendments—Uttar Pradesh under sections 23 and 24. In section 6, in sub-section (1), after the first proviso, the following proviso shall be deemed always to have been inserted, namely:— “Provided further in computing the period of three years referred to in the preceding proviso, the time during which the State Government was prevented by or in consequence of any order of any Court from making such declaration shall be excluded.” [ Vide Uttar Pradesh Act 28 of 1972, sec. 2 (w.e.f. 3-7-1972)] State Amendments Section 6A West Bengal. — Calcutta (Improvement): —After section 6, the following section shall be deemed to be inserted, namely:— “6A. Publication of notification, hearing of objections and declaration under the Calcutta Improvement Act to be substituted for those under sections 4, 5A and 6. —When acquisition is proposed to be made of land comprised within any improvement scheme framed by the Board and published under section 49 of the Calcutta Improvement Act, 1911,—
(i) The publication of a notice of the improvement scheme under sub-section (2) of section 43 of the Calcutta Improvement Act, 1911, shall be substituted for and have the same effect as publication of a notification in the Official Gazette and giving public notice of the substance of such notification in the locality under section 4.
(ii) Proceedings under section 45 and sub-section (1) of section 47 of the Calcutta Improvement Act, 1911, shall be substituted for and have the same effect as proceedings under section 5A.
(iii) The publication of a notification under section 49 of the Calcutta Improvement Act, 1911, shall be substituted for and have the same effect as a declaration under section 6.”
[ Vide Bengal Act V of 1911, sec. 71 and Sch. as amended by West Bengal Act 32 of 1955, sec 74 (w.e.f. 20-10-1955)]. Howrah (Improvement). —After section 6, the following section shall be deemed to be inserted, namely:— “6A. Publication of notification, hearing of objections and declaration under the Howrah Improvement Act, 1956, to be substituted for those under sections 4, 5A and 6. —When acquisition is proposed to be made of land comprised within any improvement scheme framed by the Board and published under section 49 of the Calcutta Improvement Act, 1911,—
(i) The publication of a notice of the improvement scheme under sub-section (2) of section 43 of the Calcutta Improvement Act, 1911, shall be substituted for and have the same effect as publication of a notification in the Official Gazette and giving public notice of the substance of such notification in the locality under section 4.
(ii) Proceedings under section 45 and sub-section (1) of section 47 of the Calcutta Improvement Act, 1911, shall be substituted for and have the same effect as proceedings under section 5A.
(iii) The publication of a notification under section 49 of the Calcutta Improvement Act, 1911, shall be substituted for and have the same effect as a declaration under section 6.”
[ Vide Bengal Act V of 1911, sec. 71 and Sch. as amended by West Bengal Act 32 of 1955, sec 74 (w.e.f. 20-10-1955)]. Howrah (Improvement). —After section 6, the following section shall be deemed to be inserted, namely:— “6A. Publication of notification, hearing of objections and declaration under the Howrah Improvement Act, 1956, to be substituted for those under sections 4, 5A and 6. —When acquisition is proposed to be made of land comprised within any improvement scheme framed by the Board and published under section 51 of the Howrah Improvement Act, 1956,—
(i) the publication of a notice of the improvement scheme under sub-section (2) of section 45 of the Howrah Improvement Act, 1956, shall be substituted for and have the same effect as publication of a notification in the Official Gazette and giving public notice of the substance of such notification in the locality under section 4;
(ii) proceedings under section 47 and sub-section (1) of section 49 of the Howrah Improvement Act, 1956, shall be substituted for and have the same effect as proceedings under section 5A;
(iii) the publication of a notification under section 51 of the Howrah Improvement Act, 1956, shall be substituted for and have the same effect as a declaration under section 6.”
[ Vide West Bengal Act 14 of 1956, sec. 70 and Sch. I, para 3]. COMMENTS
(i) Declaration under section 6 need not contain reasons or refer to the objections for every particular land. It is true that section 6 uses the words “particular land” but while referring to its satisfaction in regard to the need to acquire the entire land, the Government need not refer to every piece of particular Land; Delhi Administration v. Gurdip Singh Uban, AIR 2000 SC 3737.
(ii) According to sub-section (1), the period of two years referred to in section 11A shall be computed with reference to this provision requiring a ‘declaration' to be made to the effect that land is acquired for public utility purpose; Ram Jiyawan v. State of Uttar Pradesh, AIR 1994 All 38.
(iii) The period of two years referred to in section 11A shall be computed by counting from the last of the publication dates, as per the prescribed modes of publication:
(a) publication in the Official Gazette,
(b) publication in two daily newspapers circulating in the locality in which the land is situate; and
(c) causing public notice of the substance of the declaration to be given at convenient places in the said locality; Ram Jiyawan v. State of Uttar Pradesh, AIR 1994 All 38.
(iv) Fulfilling the Constitutional obligation under article 300A, the Land Acquisition Act, 1894 is the law providing for—
(a) acquisition of land;
(b) taking over possession of land;
(c) assessment of compensation; and
(d) payment and compensation. Without possession, acquisition is futile while without payment, acquisition is arbitrary and violative of article 14; Ram Jiyawan v. State of Uttar Pradesh, AIR 1994 All 38.
(v) If the mandatory provisions relating to ‘acquisition' are breached, such acquisition itself falls but if there is a breach of subsidiary provisions relating to taking over of possession, such possession is illegal, without prejudice to the acquisition itself being legal; Ram Jiyawan v. State of Uttar Pradesh, AIR 1994 All 38.
(vi) Any acquisition of land has to be preceded by issue of notification and conformation to the requirements of the provisions lest the acquisition itself falls; Ram Jiyawan v. State of Uttar Pradesh, AIR 1994 All 38.
(vii) Even though there can be only one date of publication (last of publication date of all modes), merely employing one of the modes within one year of publication of notification under section 4 will not suffice lest the land acquisition proceeding falls or lapses. So, publication of all modes within one year of publication of notification under section 4 is a necessary, mandatory condition; Jagrup Singh v. State of Rajasthan, AIR 1993 Raj 157.
(viii) In the event of a particular ‘public purpose' declared at the commencement of land acquisition proceedings ceasing to exist subsequently, such land may ultimately be utilised for any other public purpose, without affecting the validity of land acquisition proceedings; Jagrup Singh v. State of Rajasthan, AIR 1993 Raj 157.
(ix) When there was a delay of nearly six years on the part of the respondents in continuing the land acquisition proceedings, it was held that it was not open to the respondents to raise that point against the appellants; Mahalakshmi Ammal v. State of Tamil Nadu, AIR 1993 Mad 366.
(1) Santhal Parganas by the Santhal Parganas Settlement Regulations, 1872 (3 of 1872), sec. 3;
(2) Khondmals District by the Khondmals Laws Regulations, 1936 (4 of 1936), sec. 3 and Sch.; and
(3) the Angul District by the Angul Laws Regulations, 1936 (5 of 1936), sec. 3 and Sch.
(1) the Districts of Hazaribagh, Lohardaga (now called the Ranchi District, see Calcutta Gazette, 1899, Pt.I, p.44), Manbhum, Pargana Dhalbhum and the Kolhan in the District of Singhbhum see Gazette of India, 1894, Pt. I, p. 400; and
(2) the District of Palamau, see Gazette of India, 1894; Pt. I, p. 639. Extended to N.E.F.A. by the North East Frontier Agency (Extension of Laws) Regulation, 1960 (3 of 1960).
(1) in sub-section (1)—
(a) after the words “to certify its orders” insert the words “or as the case may be, under the signature of the Commissioner”;
(b) at the and omit the words “or as the case may be, under the signature of the Commissioner”. [ Vide Maharashtra Act 39 of 1972, sec. 5 (w.e.f. 10-10-1972)].
(2) after sub-section (1), insert the following new sub-section, namely:— “(1A) Where a declaration under sub-section (1) of this section or in pursuance of sub-section (2) of section 4 of the Land Acquisition (Amendment and Validation) Act, 1967 (hereinafter collectively referred to as “the said provisions”), could not be made before the expiry of the period specified in the said provisions due to stay or injunction by order of a court in respect of any land notified under sub-section (1) of section 4, then, notwithstanding anything contained in the said provisions, a declaration in respect of such land may be made under this section where the stay or injunction has been finally vacated, before the expiry of one year from the commencement of the Land Acquisition (Maharashtra Amendment) Act, 1972, and where the stay or injunction is finally vacated after the commencement of the Act last mentioned, then within one year of such vacation of the stay or injunction; and there shall be paid simple interest calculated at six per centum per annum on the market value of such land as determined under this Act from the date of expiry of the period specified in the said provisions to the date of tender of payment of compensation awarded by the Collector for the acquisition of such land: Provided that, no interest shall be payable for any period during which the proceedings for the acquisition of such land were held up due to stay or injunction by order of a Court.” [ Vide Maharashtra Act 39 of 1972, sec. 5 (w.e.f. 10-10-1972)]. In section 6, in sub-section (2), for the words “shall be published in the Official Gazette”, substitute the words “shall be published in the Official Gazette or in the Government periodical entitled “Lok Rajya”, or in a newspaper having circulation in the local area”. [ Vide Maharashtra Act 29 of 1977, sec. 3 (w.e.f. 28-5-1977)].