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Central Government Act
Section 4 in The Land Acquisition Act, 1894
4 Publication of preliminary notification and powers of officers thereupon: —
(1) Whenever it appears to the 15 [appropriate Government] that land in any locality 16 [is needed or] is likely to be needed for any public purpose 17 [or for a company] a notification to that effect shall be published in the Official Gazette 17 [and in two daily newspapers circulating in that locality of which at least one shall be in the regional language], and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality 17 [(the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of publication of the notification)]. 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 days' notice in writing of his intention to do so. State Amendments Andhra Pradesh. —For the purpose of acquisition of land for the construction, extension or improvement of any dwelling house for the poor— [ Vide Andhra Pradesh Act 9 of 1983, sec. 2 (w.r.e.f. 12-9-1975)]. In section 4, in sub-section (1), for the words “the Collector shall cause” substitute the words “the Collector shall, within forty days from the date of publication of such notification, cause”. [ Vide Andhra Pradesh Act 9 of 1983, sec. 2 (w.r.e.f. 12-9-1975)].
Bihar —(1) In section 4, for sub-section (1), substitute the following sub-section, namely:— “(1) Whenever it appears to the appropriate Government or the Collector that land in any locality is likely to be needed for any public purpose, a notification to that effect shall be published at the office of the Collector, at the office of the Sub-Divisional Officer, at the offices of the smallest revenue administrative unit and Gram Panchayat, if any, constituted under the Bihar Panchayat Raj Act, 1947 (Bihar Act 7 of 1948) and at some conspicuous place in the village in which the land is situated; and the Collector shall cause copies of the notification to be served on all persons known or believed to be interested in the land. Explanation .—For the purpose of this section the expression “smallest revenue administrative unit” shall mean the revenue administrative unit next below that of a sub-division whether known for the time being, as N.E.S. Block, Circle, Anchal or otherwise.”
(2) Thereupon it shall be lawful for any officer, either, generally or specially authorised by such Government in this behalf, and for his servants and workmen,— to enter upon and survey and take levels of any land in such locality; to dig or bore in the sub-soil; to do all other acts necessary to ascertain whether the land is adapted for such purpose; 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 or jungle:
(1) In section 4—
(a) in sub-section (1), after the words “appropriate Government”, insert the words “or the District Collector” and after the words “Official Gazette”, insert the words “or the District Gazette”;
(b) in sub-section (2), after the words “such Government”, insert the words “or the District Collector”; [ Vide Andhra Pradesh Act 22 of 1976, sec. 3 (w.r.e.f. 12-9-1975)].
(c) in sub-section (1), for the words “the Collector shall cause”, substitute the words “the Collector shall, within forty days from the date of publication of such notification, cause”.
(2) In sub-section (2), after the word, “such Government”, insert the words “or the Collector”. [ Vide Bihar Act 11 of 1961, sec. 4 (w.e.f. 1-6-1961)].
(3) For modification in Patna City, [ see Bihar Act 35 of 1951, sec. 61 and Sch., para 2(1) (w.e.f. 6-12-1951), and in Darbhanga town, see Bihar and Orissa. Act 4 of 1934, sec. 41].
Gujarat —(1) In section 4,—
(i) in sub-section (1), omit the words “or the Commissioner”; and
(ii) in sub-section (2), omit the words “or, as the case may be, by the Commissioner”. [ Vide Gujarat Act 15 of 1964, sec. 4 and Sch. (w.e.f. 15-5-1964)].
(2) In section 4, in sub-section (2), for the words beginning with words “to mark such levels” and ending with words “trenches, and”, substitute the following, namely:— “to mark such levels, boundaries and line by placing marks and cutting trenches, to measure the land likely to be needed, and”. [ Vide Gujarat Act 20 of 1965, sec. 7 (w.e.f. 15-8-1965)].
Karnataka —In section 4,—
(1) for sub-section (1) and Explanation thereto, substitute the following sub-section and Explanation, namely:— Provided that the notification published in the Official Gazette shall contain the description of the land by its boundaries also. Explanation. —The expression ‘convenient places' includes, in the case of land situated in a village, the office of the panchayat within whose jurisdiction the land lies.” [ Vide Karnataka Act 33 of 1991, sec. 2 (w.e.f. 27-11-1991).]
(1) Whenever it appears to the appropriate Government or the Deputy Commissioner that the Land in any locality is needed or is likely to be needed for any public purpose or for a company, a notification stating the purpose for which the land is needed, or is likely to be needed and describing the land by its survey number, if any, and its approximate area shall be published in the Official Gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language and the Deputy Commissioner shall cause public notice of the substance of such notification 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 the notification). The Deputy Commissioner may also cause a copy of such notification to be served on the owner or where the owner is not the owner is not the occupier, on the occupier of the land:
(2) after sub-section (1), insert the following sub-section, namely:— “(1A) The notification under sub-section (1) shall also specify the date (such date not being less than thirty days from the date of publication of the notification) on or before which, and the manner in which, objections to the proposed acquisition may be made, under section 5A.”;
(3) in sub-section (2),—
(a) for the word “thereupon”, substitute the words “on the publication of such notification”;
(b) for the words “such Government”, substitute the words “such Government or by the Deputy Commissioner”;
(c) in the first clause occurring after the words “servants and workmen”, substitute for the words “any land in such locality”, the words “the land”.
(4) after sub-section (2), insert the following sub-sections, namely:— “(3) Where the acquisition is for a company, an officer of such company may be authorised by the appropriate Government or the Deputy Commissioner to exercise the powers conferred by sub-section (2). [ Vide Mysore Act 17 of 1961, sec. 7 (w.e.f. 24-8-1961)].
(4) The officer authorised under sub-section (2) or sub-section (3) shall complete his investigation and submit his report to the Deputy Commissioner within a period of three months (or within such longer period not exceeding six months in all as the Deputy Commissioner may allow), from the date of the publication of the notification under sub-section (1), and the Deputy Commissioner shall forward the report with his remarks to the appropriate Government along with his report under sub-section (2) of section 5A.”
(5) for the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Kerala —(i) In section 4, in sub-section (1),—
(a) after the words “the appropriate Government”, insert the words “or to the Board of Revenue or to the Collector”;
(b) after the words “any locality”, the words “in the State of Kerala or within the jurisdiction of the Collector, as the case may be”, shall be inserted;
(ii) in sub-section (2), after the words “by such Government”, insert the words “or the Board of Revenue or the Collector, as the case may be,” [ Vide Kerala Act 28 of 1985, sec. 2 (w.r.e.f. 17-4-1985)].
Maharashtra —(1) In section 4,—
(1) in sub-section (1), after the words “appropriate Government”, insert the words “or the Commissioner”; and
(2) in sub-section (2) after the words “such Government”, insert the words “or, as the case may be, by the Commissioner”.
[ Vide Bombay Act 8 of 1958, sec. 3(4) and Notification No. LAQ 2558/V, dated 5th September, 1958; Bombay Government Gazette, 1958, Pt. VIB, p. 937; Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
(2) In section 4, in sub-section (1), for the words “or the Commissioner” substitute the words “the Commissioner, or Land Acquisition Officer”; and
(3) In section 4, in sub-section (2), for the words “or as the case may be, by the Commissioner” substitute the words “the Commissioner, or as the case may be, by the Land Acquisition Officer”. [ Vide Maharashtra Act 39 of 1972, secs. 3(1) and (2) (w.e.f. 10-10-1972)]. In section 4, in sub-section (1), 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. 2 (w.e.f. 26-5-1977)].
(2) Nagpur (City). —The first publication of a notice of an improvement scheme under section 39 of the Nagpur Improvement Trust Act, 1936, shall be substituted for, and have the same effect as publication in the Gazette and in the locality of, a notification under sub-section (1) of section 4, Land Acquisition Act, 1894, except where a declaration under section 4 or section 6 of that Act has previously been made and is still in force. [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 2(1) (w.e.f. 1-1-1937); Maharashtra (Vidarbah Region) A.L.O., 1956. Punjab: Haryana: Chandigarh. —The first publication of a notice of any improvement scheme under section 36 of the Punjab Town Improvement Act, 1922, shall be substituted for and have the same effect as publication in the Official Gazette and in the locality of a notification under sub-section (1) of section 4 of the Land Acquisition Act, 1894, except where a declaration under section 4 or section 6 of the said Act has previously been made and is still in force. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 2(1); Act 31 of 1966, sec. 88]. Tamil Nadu: Madras (City). —The first publication of a notice of an improvement scheme under section 47 of the Madras City Improvement Trust Act, 1945, shall be substituted for and have the same effect as publication in the Official Gazette and in the locality of a notification under sub-section (1) of section 4 of the Land Acquisition Act, 1894, except where a notification under sub-section (1) of section 4 or a declaration under section 6 of that Act has been previously made and is in force. [ Vide Madras Act 37 of 1950, sec. 73 and Sch., para 2(1) (w.e.f. 27-2-1951); Tamil Nadu A.L.O., 1969].
Sikkim —In section 4, in sub-section (1), omit the word “daily”. [ Vide Sikkim Act 6 of 1992, sec. 2 (w.e.f. 10-7-1992)]. Uttar Pradesh. —In section 4,—
(i) in sub-section (1), after the word Government”, add the words “or Collector”; and
(ii) in sub-section (2) after the words “such Government”, add the words “or Collector”.
[ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para 2 (w.e.f. 19-11-1954)].
(2) In its application to the acquisition of land by Nagar Mahapalika, the first publication of a notice of an improvement scheme under section 357 of the U.P. Nagar Mahapalika Adhiniyam, 1959, shall be substituted for and have the same effect as publication in the Official Gazette and in the locality, of a notification under sub-section (1) of section 4 of the Land Acquisition Act, except where a declaration under section 4 or section 6 of the Land Acquisition Act, 1894, has previously been made and is still in force. [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, para 2 (1)]. In its application to Uttar Pradesh, in section 4,—
(i) in sub-section (1), between the words “and” and “the Collector”, the following shall be inserted and be deemed always to have been inserted, namely:— “except in the case of any land to which by virtue of a direction of the State Government under sub-section (4) of section 17, the provisions of section 5A shall not apply,”;
(ii) after sub-section (1), the following Explanation thereto shall be inserted and be deemed to have been inserted with effect from October 16, 1958, namely:— “Explanation. —In respect of any land in a regulated area as defined in the Uttar Pradesh (Regulation of Building Operations) Act, 1958, a notification under this sub-section may be issued in anticipation of the preparation and finalization of a scheme for the planned development of the area in which the land is situated and notwithstanding anything contained in section 5A, it shall be sufficient to specify in such notification that the land is needed or is likely to be needed for the planned development of that area without further specification of the particulars of the proposed development.”
[ Vide Uttar Pradesh Act 8 of 1974, sec. 2(i) and (ii) (w.e.f. 26-4-1978)]. West Bengal. — Calcutta (Improvement). — See under section 6A(1).
(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. The Act has also been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874) to be in force in—
(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.