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Central Government Act
The Land Acquisition Act, 1894
THE LAND ACQUISITION ACT, 18941

1 Short title, extent and commencement: —
(1) This Act may be called the Land Acquisition Act, 1894.
(2) It extends to the whole of India except 1 [the State of Jammu and Kashmir].
(3) It shall come into force on the 1st day of March, 1894. State amendments Andhra Pradesh 2. —In section 1, in sub-section (2), after the words “except the territories which, immediately before the 1st November, 1956, were comprised in Part B states”, insert the words “other than the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 (37 of 1956).” [ Vide Andhra Pradesh Act 20 of 1959, sec. 4 (w.e.f. 15-10-1959)].
Gujarat —In section 1, after sub-section (3), insert the following sub-section, namely:— “(4) On and from the commencement of the Land Acquisition (Gujarat Unification and Amendment) Act, 1963, this Act shall also extend to, and be in force in, the Saurashtra area of the State of Gujarat.” [ Vide Gujarat Act 20 of 1965, sec. 3 (w.e.f. 15-8-1965)].
3 Karnataka —In section 1, in sub-section (2), after the words “except the territories which, immediately before the 1st November, 1956, were comprised in Part B States”, insert the words “other than territories specified in clauses (a) and (c) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 (Central Act 7 of 1956).” [ Vide Mysore Act 17 of 1961, sec. 5 (w.e.f. 24-8-1961)].
3 Maharashtra —In section 1,—
(i) in sub-section (2), after the words and letter “comprised in Part B States”, insert the words “other than the Hyderabad Area of the State of Maharashtra”;
(ii) in sub-section (3), after the figures “1894”, add the words, brackets and figures “but in the Hyderabad Area of the State of Maharashtra it shall come into force on such day as is appointed under sub-section (3) of section (1) of the Land Acquisition (Maharashtra Extension and Amendment) Act, 1964”.
[ Vide Maharashtra Act 38 of 1964, sec. 2(a) (w.e.f. 7-12-1964)].
Orissa —In section 1, omit sub-sections (2) and (3). [ Vide Orissa Act 4 of 1950, sec. 4 and Sch.]. Tamil Nadu. —In section 1, in sub-section (2), in regard to territories added to the State by Act 56 of 1959, omit the words “other than the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 (Central Act 37 of 1956)”. [ Vide Tamil Nadu A.L.O., 1961 (w.r.e.f. 1-4-1960)].
(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—
2 Repeal and saving: —[ Rep. partly by the Repealing and Amending Act, 1914 (10 of 1914) sec. 3 and Sch. II and partly by the Repealing Act, 1938 (1 of 1938) sec. 2 and Sch.]
3 Definitions: — In this Act, unless there is something repugnant in the subject or context,—
(a) the expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
State Amendments
Gujarat —In section 3, after clause (a), insert the following clause, namely:— “(aa) the expression ‘arable land' includes ‘garden land';” [ Vide Bombay Act 27 of 1950, sec. 2; Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f 15-7-1965)].
Karnataka —In section 3, after clause (a), insert the following clause, namely:— “(aa) the expression ‘arable land' includes ‘garden land';” [ Vide Mysore Act 17 of 1961, sec. 6 (w.e.f. 24-8-1961)].
Maharashtra —In section 3, for clause (aa), inserted after clause (a) by Bombay Act 27 of 1950, sec. 2, substitute the following clause, namely:— “(aa) the expression ‘arable land' means land fit for cultivation, whether in fact cultivated or not; and includes garden land”; [ Vide Maharashtra Act 24 of 1965, sec. 2 (w.r.e.f. 11-2-1965)].
4 [(aa) the expression “local authority” includes a town planning authority (by whatever name called) set up under any law for the time being in force;]
(b) the expression “person interested” includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;
State Amendment West Bengal. —In section 3, in clause (b), at the end add the following, namely:—
(i) “or cultivates the land or any portion of it as a bargadar”; and after it
(ii) “Explanation. —A bargadar is a person who, under the system generally known as adhi, barga or bhag, cultivates the land of another person on condition of delivering a share of the produce of such land to that person and includes a person who under the system generally known as kisan cultivates the land of another person on condition of recuiring a share of the produce of such land from that person”.
[ Vide West Bengal Act 30 of 1963, sec. 3 (with retrospective effect) and substituted by Land Acquisition (West Bengal Amendment) Act, 1981, sec. 3].
(c) the expression “Collector” means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the 5 [appropriate Government] to perform the functions of a Collector under this Act; State Amendments
Bihar —In section 3, for clause (c), substitute the following clause, namely:— “(c) The expression ‘Collector' means the Collector of a district and includes a Deputy Commissioner, Additional Collector, Additional Deputy Commissioner and any officer specially appointed by the appropriate Government to perform the functions of a Collector under this Act except the functions under sections 4, 5A, 6, 35 and 38;” [ Vide Bihar Act 11 of 1961, sec. 3 (w.e.f. 1-6-1961)].
Gujarat —In section 3, in clause (c), omit the words “or by the Commissioner”. [ Vide Bombay Act 8 of 1958, sec. 3(4); Gujarat Act 15 of 1964, secs. 3 and 4 and Sch. (w.e.f. 15-5-1964)].
Karnataka —In section 3, in clause (c), for the words “Deputy Commissioner”, substitute the words “an Assistant Commissioner in charge of a sub-division of a district”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Maharashtra —(i) In section 3, in clause (c), after the words “appropriate Government”, insert the words “or by the Commissioner”. [ Vide Bombay Act 8 of 1958, sec. 3(4) and Notification No. LAQ 2558/V, dated 22-9-1958; Bombay Government Gazette, 1958, Pt. IVB, p. 977; Maharashtra Act 38 of 1964, sec. 2 (w.e.f. 7-12-1964)].
(ii) In section 3, in clause (c), in its application to the Bombay and Vidarbha areas of the State, After the words “any officer”, insert the words “or person”.
[ Vide Maharashttra Act 5 of 1962, sec. 286 and Sch. X (w.e.f. 1-5-1962)]. Uttar Pradesh. —In section 3, in clause (c), omit the words “a Deputy Commissioner and”. [ Vide Uttar Pradesh Act 30 of 1956, sec. 3 and Sch. II (w.e.f. 1-10-1956)].
6 [(cc) the expression “corporation owned or controlled by the State” means any body corporate established by or under a Central, Provincial or State Act, and includes a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956), a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, being a society established or administered by Government and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, being a co-operative society in which not less than fifty-one per centum of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments;]
(d) the expression “Court” means a principal Civil Court of original jurisdiction, unless the 7 [appropriate Government] has appointed (as it is hereby empowered to do) a special judicial officer within any specified local limits to perform functions of the Court under this Act; State Amendments
Gujarat —In section 3, in clause (d), add the following at the end, namely:— “and shall in relation to proceedings under this Act, includes the Court of a Civil Judge (Senior Division) to which the principal Civil Court may transfer any such proceedings”. [ Vide Bombay Act 35 of 1953, sec. 2 (1) (w.e.f. 6-6-1953); Gujarat Act 20 of 1965, sec. 2 (w.e.f. 15-8-1965)].
Karnataka —(i) In section 3, for clause (d), substitute the following clause, namely:— “(d) the expression ‘Court' means a principal Civil Court of original jurisdiction, and includes any other Civil Court empowered by the State Government by a notification in the Official Gazette, to perform the functions of the Court under this Act, within the pecuniary and local limits of its jurisdiction;”
(ii) After clause (d), insert the following clause, namely:—
“(dd) the expression ‘Co-operative Society' means a registered society within the meaning of the Co-operative Societies Act, 1912 (Central Act 2 of 1912), or any society registered or deemed to be registered under any law corresponding to that Act for the time being in force in any part of India;” [ Vide Mysore Act 17 of 1961, sec. 6 (w.e.f. 24-8-1961)]. Madhya Pradesh. —In section 3, in clause (d), after the word “Court”, insert the words “except in sub-section (3) of section 18”. [ Vide C.P. and Berar Act 7 of 1949, sec. 2 (w.e.f. 25-3-1949); Madhya Pradesh 23 of 1958].
Maharashtra —(i) In section 3, in clause (d), add the following at the end, namely:— “and shall, in relation to any proceedings under this Act, include the Court of a Civil Judge (Senior Division) to which the principal Civil Court may transfer any such proceedings”. [ Vide Bombay Act 35 of 1953, sec. 2(1) (w.e.f. 6-6-1953); Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
(ii) In clause (d), as extended and brought into force throughout the State of Maharashtra, for the words, “the expression ‘Court' means”, substitute the words, “the expression ‘Court' [except in sub-section (3) of section 18] means”.
[ Vide Maharashtra Act 38 of 1964, sec. 3 (w.e.f. 7-12-1964)]. West Bengal. —In section 3, for clause (d), substitute the following clause, namely:— “(d) the expression ‘Court' means a principal Civil Court of original jurisdiction, and includes the Court of any Additional Judge, Subordinate Judge or Munsif whom the State government may appoint, by name or by virtue of his office, to perform, concurrently with any such principal Civil Court, all or any of the functions of the Court under this Act within any specified local limits and in the case of a Munsif, up to the limits of the pecuniary jurisdiction with which he is vested under section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887;” [ Vide Bengal Act 2 of 1934, sec. 3 (w.e.f. 8-3--1934)].
8 [(e) the expression “company” means—
(i) a company as defined in section 3 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (cc);
(ii) a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, other than a society referred to in clause (cc);
(iii) a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, other than a co-operative society referred to in clause (cc);]
State Amendments Andhra Pradesh 9 . —In section 3, in clause (e), add the following at the end, namely:— “and also includes a company or society registered or incorporated by or under any corresponding law in force in the transferred territories”. [ Vide Andhra Pradesh Act 20 of 1959, sec. 5 (15-10-1959)]. Bihar: Patna (City). —In section 3, after clause (e), the following clause shall be deemed to be inserted, namely:— “(ee) the expression ‘local authority' includes the Board of Trustees for the improvement of (name of the town) constituted under section 3 of the Bihar Town Planning and Improvement Trust Act, 1951;” [ Vide Bihar Act 35 of 1951, sec. 71 and Sch., para 1 (w.e.f. 6-12-1951)].
Karnataka —In section 3, for clause (e), substitute the following clause, namely:— “(e) the expression ‘company' means—
(i) a company formed and registered under the Companies Act, 1956 (Central Act 1 of 1956);
(ii) a company formed and registered under any previous Company Law for the time being in force in any part of India other than the State of Jammu and Kashmir;
(iii) a company formed and registered under any law for the time being in force in the State of Jammu and Kashmir;
(iv) a company—
(a) incorporated under any law relating to companies for the time being in force in any foreign country, and
(b) having its principal place of business in India;
(v) a company incorporated by an Indian law relating to a particular company;
(vi) a co-operative society;
(vii) a society registered under the Societies Registration Act, 1860 (Central Act 16 of 1860), or under any law corresponding to that Act for the time being in force in any part of India; and
(viii) a corporation created by or under any law for the time being in force in any part in India not being a corporation owned or controlled by the State.” [ Vide Mysore Act 17 of 1961, sec. 6 (w.e.f. 24-8-1961)]. Madhya Pradesh. —In section 3, for clause (e), substitute the following clause, namely:— “(e) the expression ‘company' means a company registered under the Indian Companies Act, 1882 (6 of 1882), or under the (English) Companies Act, 1862 to 1890, or incorporated by an Act of Parliament of the United Kingdom or by an Indian Law, or a Royal Charter, or Letters Patent and includes a registered society within the meaning of clause (b) of section 2 of the Madhya Pradesh Societies Registration Act, 1959 (1 of 1960), and a society within the meaning of clause (3) of section 2 of the Madhya Pradesh Co-operative Societies Act, 1960 (1 of 1961);” [ Vide Madhya Pradesh Act 43 of 1965, sec. 2 (w.e.f. 21-12-1965)]. In section 3, in clause (e), for the words, brackets, letter and figures “and a society within the meaning of clause (3) of section 2 of the Madhya Pradesh Co-operative Societies Act, 1960 (17 of 1961)”, substitute the words, brackets, letter and figures “a society within the meaning of clause (2) of section 2 of the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961) and a corporation within the meaning of clause (3) of section 2 of the Madhya Pradesh Non-Trading Corporations Act, 1962 (No. 20 of 1962)”. [ Vide Madhya Pradesh Act 26 of 1973, sec. 2 (w.e.f. 7-5-1973)]. Maharashtra: Nagpur (City). —In section 3, after clause (e), the following clause shall be deemed to be inserted, namely:— “(ee) the expression ‘local authority' includes the Trust constituted under the Nagpur Improvement Trust Act, 1936;” [ Vide C.P. Act 36 of 1936, Sch., clause 1; Maharashtra (V.R.) A.L.O., 1956]. In section 3, after clause (ee), insert the following clause” namely:— “(eee) ‘Land Acquisition Officer' means an officer appointed as such by the State Government by notification in the Official Gazette for such provisions of this Act as may be specified in the notification;” [ Vide Maharashtra Act 39 of 1972, sec. 2 (w.e.f. 10-10-1972)]. Punjab: Haryana: Chandigarh. —In section 3, after clause (e), the following clause shall be deemed to be inserted, namely:— “(ee) the expression ‘local authority' includes a Trust constituted under the Punjab Town Improvement Act, 1922;” [ Vide Punjab Act IV of 1922, sec. 59 and Sch., clause 1; Act 31 of 1966, sec. 88 (w.e.f. 1-11-1966)]. Tamil Nadu. —In section 3, in clause (e), in regards to added territories the words added in clause (e) by Andhra Pradesh Act 20 of 1959, sec. 5, be omitted. [ Vide Tamil Nadu A.L.O., 1961 (w.r.e.f. 1-4-1960)]. Uttar Pradesh (Nagar Mahapalika). —In section 3, after clause (e), the following clause shall be deemed to be inserted, namely:— “(ee) the expression ‘local authority' includes a Mahapalika constituted under the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959;” [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, sec. 1]. West Bengal. —(1) Calcutta (Improvement). —In section 3, after clause (e), the following clause shall be deemed to be inserted, namely:— “(ee) the expression ‘local authority” includes the Board of Trustees constituted under the Calcutta Improvement Act, 1911;” [ Vide Bengal Act 5 of 1911, sec. 71 and Sch., para 1 (w.e.f. 2-1-1912)].
(2) Howrah (Improvement) .—In section 3, after clause (e), the following clause shall be deemed to be inserted, namely:— “(ee) the expression ‘local authority' includes the Board of Trustees constituted under the Howrah Improvement Act, 1956”. [ Vide West Bengal Act 14 of 1956, sec. 70 and Sch. 1, para 1].
10 [(ee) the expression “appropriate Government” means in relation to acquisition of land for the purposes of the Union, the Central Government, and, in relation to acquisition of land for any other p Government, and, in relation to acquisition of land for any other purposes, the State Government;]
State Amendments
Bihar —In section 3, after clause (ee), the following clause shall be deemed to be inserted, namely:— “(eee) the expression ‘local authority' includes the Bihar State Housing Board established under section 3 of the Bihar State Housing Board Third Ordinance, 1974;” [ Vide Bihar Act 57 of 1982].
Karnataka —In section 3, after clause (ee), insert the following clause, namely:— “(eee) the expression ‘prescribed' means prescribed by rules made under this clause;” [ Vide Mysore Act 17 of 1961, sec. 6(6) (w.e.f. 24-8-1961)]. Tamil Nadu: Madras (City). —In section 3, after clause (ee), the following clause shall be deemed to be inserted, namely:— “(eee) the expression ‘local authority' includes the Board of Trustees for the Improvement of the City of Madras, constituted under section 3 of the Madras City Improvement Trust Act, 1950;” [ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para 1 (w.e.f. 27-2-1951); Tamil Nadu A.L.O., 1969]. Union Territory – Pondicherry. —In section 3, after clause (e), add the following clause, namely:— “(eee) the expression “local authority' includes the Planning Authority constituted under section 11 of the Pondicherry Town and Country Planning Act, 1969;” [ Vide Pondicherry Act 15 of 1971, sec. 6 (w.e.f. 2-8-1971)].
11 [(f) the expression “public purpose” includes—
(i) the provision of village-sites, or the extension, planned development or improvement of existing village-sites;
(ii) the provision of land for town or rural planning;
(iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;
(iv) the provision of land for a corporation owned or controlled by the State;
(v) the provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State;
(vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government, or by any authority established by Government for carrying out any such scheme, or, with the prior approval of the appropriate Government, by a local authority, or a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State;
(vii) the provision of land for any other scheme of development sponsored by Government or, with the prior approval of the appropriate Government, by a local authority;
(viii) the provision of any premises or building for locating a public office,
but does not include acquisition of land for Companies;] State Amendments Bihar 12. —In section 3, for clause (f), substitute the following clause, namely:— “(f) the expression ‘public purpose' includes provision for or in connection with—
(i) sanitary improvements of any kind including reclamation; and
(ii) the laying out of village sites or townships, or the extension, planned development or improvement of existing village sites or township; and”.
[ Vide Bihar Act 11 of 1961, sec. 3 (w.e.f. 1-6-1961)]. Gujarat 12. —In section 3, in clause (f),—
(a) delete the word “and” occurring after sub-clause (1); and
(b) after sub-clause (2), insert the following, namely:—
“and
(3) a housing scheme which the State Government may, from time to time, undertaking for the purpose of increasing accommodation for housing persons and shall include any such scheme undertaken from time to time with the previous sanction of the State Government by a local authority or company”. [ Vide Gujarat Act 20 of 1965, sec. 4 (w.e.f. 15-8-1965)].
Karnataka —In section 3, for clause (f), substitute the following clause, namely:— “(f) the expression ‘public purpose' includes—
(i) the provision of village sites;
(ii) the provision of land for planned development from public funds and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;
(iii) the provision of land for town or rural planning under any law relating to such planning;
(iv) the provision of land,—
(a) for carrying out any housing scheme or health scheme sponsored by the Central Government or any State Government or a local authority; or
(b) for clearing slum areas; or
(c) for relieving congestion; or
(d) for housing poor, landless, or displaced persons or persons residing in areas affected by floods;
(v) the provision of,—
(a) residence for any person holding an office of profit under the Central Government or a State Government, or accredited as a diplomatic consular or trade representative of a foreign Government;
(b) building for locating a public office;
(vi) the provision of land for corporations owned or controlled by the State, or other nationalised industries or concerns;
(vii) the provision of land for any local authority and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development;
(viii) the provision of land for a company,—
(a) where the land is needed for the construction of some work and such work is likely to prove substantially useful to the public; or
(b) where the land is needed by a building co-operative society or corporation for the construction of houses;
(ix) the provision of land for any charitable trust.
Explanation. —“Charitable trust” includes a trust established or to be established for the relief of the poor, education, medical relief, or advancement of any other object of general public utility;” [ Vide Mysore Act 17 of 1961, sec. 6(7) (w.e.f. 24-8-1961)]. Madhya Pradesh. —In section 3, for clause (f), substitute the following clause, namely:— “(f) the expression ‘public purpose' includes the provision of land for agriculture or for residential, business or industrial purposes, or for any purpose incidental to any of these with a view to resettlement and rehabilitation of displaced persons”. [ Vide C.P. and Berar Act 20 of 1949, sec. 3 and Sch., para 1 (w.e.f. 22-4-1949)]. Maharashtra 13. —In section 3, in clause (f),—
(1) after the word “includes”, insert the brackets and figure “(1)”;
(2) after the words “such provision”, insert the following:—
“(2) the acquisition of land for purposes of development of areas from public revenues or some fund controlled or managed by a local authority and subsequent disposal thereof in whole or in part by lease, assignment or sale, with the object of securing further development;”. [ Vide Bombay Act 35 of 1953, sec. 2(2) (w.e.f. 6-6-1953; Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)]. Uttar Pradesh. —In section 3, for clause (f), substitute the following clause, namely:— “(f) the expression ‘public purpose' includes provision for or in connection with—
(i) sanitary improvements of any kind, including reclamation;
(ii) the laying out of village sites, townships or the extension, planned development or improvement of existing village sites or townships;
(iii) the settlement of land for agriculture with the weaker section of the people; and”.
[ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para 1 (w.e.f. 19-11-1954)].
(g) the following persons shall be deemed persons “entitled to act” as and to the extent hereinafter provided (that is to say)- trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability; a married woman, in cases to which the English law is applicable, shall be deemed the person so entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full age; and he guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted: Provided that—
(i) no person shall be deemed “entitled to act” whose interests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;
(ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;
(iii) the provisions of 14 [Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)] shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and
(iv) no person “entitled to act” shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale.
State amendments
Karnataka —(i) In section 3, in clause (g), in the proviso (iii), for the words “Chapter XXXI of the Code of Civil Procedure, 1882 (14 of 1882)” substitute the words “Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)”. [ Vide Mysore Act 17 of 1961, sec. 6(8) (w.e.f. 24-8-1961)].
(ii) After clause (g), insert the following clause, namely:— “(h) the expression ‘local authority' includes a town-planning authority and a City Improvement Trust Board;”
[ Vide Mysore Act 17 of 1961, sec. 6(9) (w.e.f. 24-8-1961)]. Madhya Pradesh. — Bhopal Area. —In its application to Bhopal area of the State of Madhya Pradesh, in section 3, after clause (g), insert the following clause, namely:— “(h) the expression ‘Bhopal area' shall have the same meaning as assigned to it in the Land Acquisition (Madhya Pradesh Amendment) Act, 1959;” [ Vide Madhya Pradesh Act 5 of 1959, sec. 3]. Uttar Pradesh. —(i) In section 3, after clause (g), add the following clause, namely:— “(h) ‘Land Reforms Commissioner' means the Land Reforms Commissioner appointed by the State Government”. [ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para 1 (w.e.f. 19-11-1954)].
(ii) After clause (h), following clauses shall be deemed to have been added, namely:— “(i) ‘local authority' includes the Board;
(ii) ‘the Board' means the U.P. Avas Evam Vikas Parishad established under Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965;”
[ Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Sch., para 1]. Section 3A Andhra Pradesh. —After section 3, insert the following section, namely:— “3A. Delegation of functions. —The State Government may, by notification in the Andhra Pradesh Gazette, direct that any power conferred or any duty imposed on them by this Act, shall in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or discharged by the District Collector.” [ Vide Andhra Pradesh Act 22 of 1976, sec. 2 (w.e.f. 12-9-1972)].
Goa —After section 3, add the following sections, namely:— “3A. Preliminary survey of lands and powers of officers to carry out survey. —For the purpose of enabling the State Government to determine whether land in any locality is needed or is likely to be needed for any public purpose, it shall be lawful for any officer of the State Government in the Public Works Department, or any other officer either generally or specially authorised by the State Government in this behalf as the case may be,—
(i) to enter upon and survey and take levels of any land in such locality;
(ii) to mark such levels;
(iii) to do all other acts necessary to ascertain whether the land is adapted for such purpose; and
(iv) where otherwise the survey cannot be completed and the levels cannot be taken, to cut down and clear away any part of any standing crop, fence or jungle:
Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof), without previously giving such occupier at least seven days' notice in writing of his intention to do so.
3B. Payment for damage. —The officer of the State Government in the Public Works Department, and any other officer so authorised shall, at the time of such entry, pay or tender payment of all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, shall at once refer the dispute to the decision of the Collector or other Chief Revenue Officer, of the district, and such decision shall be final.” [ Vide Goa Act 12 of 1988, sec. 2 (w.e.f. 27-5-1988)]. Section 3-1A
Maharashtra —After section 3, insert the following new section, namely:— “3-1A. Powers to be exercised by Commissioner by or under Act. —The powers conferred on the Commissioner by or under this Act shall be the powers exercisable by him in relation to the acquisition of land for those purposes only for which the State Government is the appropriate Government.” [ Vide Bombay Act VIII of 1958, sec. 3(4) and Notification No. LAQ 2558/15455-V dated 6th February, 1959; Bombay Government Gazette, 1959, Pt. IVB, page 193; Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)]. Sections 3A, 3B, 3C:
Gujarat —(1) Sections 3A and 3B are the same as in Maharashtra, with the following modifications:—
(i) in Bombay area of the State, the words “or the Commissioner” and “or as the case may be, any officer authorised by the Commissioner” in section 3A are deleted.
[ Vide Gujarat Act 15 of 1964, sec. 3 and Sch. (w.e.f. 15-5-1964)].
(2) In section 3A, for clause (ii), substitute the following, namely:— “(ii) to dig or bore into sub-soil;”
(3) In section 3A, in clause (iii), for the word ‘and' at the end and for clause (iv), substitute the following clauses, namely:— “(iv) to set out the boundaries of the land likely to be needed and the intended line of the work (if any) likely to be done thereon;
(v) to mark such levels, boundaries and lines by placing marks and cutting trenches;
(vi) to measure the land so likely to be needed; and
(vii) where otherwise the survey cannot be completed and the levels taken or the boundaries or lines marked, to cut down and clear away any part of any standing crop, fence or jungle;”.
[ Vide Gujarat Act 20 of 1965, sec. 5 (w.e.f. 15-8-1965)].
(3) After section 3B, insert the following, section, namely:— “3C. Measurement of land comprising survey number of sub-division. —In the case of the whole of a survey number or sub-division of a survey number, as defined in the Bombay Land Revenue Code, 1879, as in force in the Bombay area, the Saurashtra area or, as the case may be, the Kutch area of the State of Gujarat at the area of such survey number or, as the case may be, sub-division as entered in the land records shall be deemed to be the measurement of the land comprising such survey number or sub-division.”
[ Vide Gujarat Act 20 of 1965, sec. 6 (w.e.f. 15-8-1965)].
Maharashtra —After Part I, insert the following Part, namely:— “Part 1A Preliminary Survey
3A. Preliminary survey of lands and powers of officers to carry out survey. —For the purpose of enabling the State Government or the Commissioner to determine whether land in any locality is needed or is likely to be needed for any public purpose, it shall be lawful for any officer of the State Government in the Public Works Department, or any other officer either generally or specially authorised by the State Government in this behalf, or as the case may be, any officer authorised by the Commissioner and for his servants and workmen,—
(i) to enter upon and survey and take levels of any land in such locality,
(ii) to mark such levels,
(iii) to do all other acts necessary to ascertain whether the land is adapted for such purpose, and
(iv) where otherwise the survey cannot be completed and the levels taken, to cut down and clear away any part of any standing crop, fence or jungle:
Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.
3B. Payment for damage. —The officer of the State Government in the Public Works Department, and any other officer so authorised shall, at the time of such entry, pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the sufficiency of the amount so paid or tendered, shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final.” [ Vide Bombay Act 20 of 1945, sec. 2 (w.e.f. 3-11-1945); Bombay Act 8 of 1958, sec. 3 (4) and[ Vide Bombay Act 20 of 1945, sec. 2 (w.e.f. 3-11-1945); Bombay Act 8 of 1958, sec. 3 (4) and Notification No. L.A.Q. 2558/V dated 5th September, 1958; Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
(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—
This State Amendment relates to clause (e) prior to its amendment made by Central A 68 of 1984 (w.e.f. 24-9-1984).
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.
5A Hearing of objections. —
(1) Any person interested in any land which has been notified under section 4, sub-section (1), as being needed or likely to be needed for a public purpose or for a company may, [within thirty days from the date of the publication of the notification], object to the acquisition of the land or of any land in the locality, as the case may be. State amendments Andhra Pradesh 21. —In section 5A, in sub-section (1), for the words “within thirty days after the issue of the notification” substitute the words “within thirty days of causing public notice under the said sub-section”. [ Vide Andhra Pradesh Act 9 of 1983, sec. 3 (w.r.e.f. 12-9-1975)].
Bihar —(1) Patna (City). —Proceedings under section 48 and sub-section (1) of section 50 of the Bihar Town Planning and Improvement Trust Act, 1951, shall be substituted for and have the same effect as proceedings under section 5A of the Land Acquisition Act, 1894. [Vide Bihar Act 35 of 1951, sec. 71 and Sch., para 2(2) (w.e.f. 6-12-1951)]. [ Vide Bihar Act 11 of 1961, sec. 5 (w.e.f. 1-6-1961)]. Karnataka 23 . —(1) In section 5A, in sub-section (1), for the words “within thirty days afterhe issue of the notification”, substitute the words, brackets and figure “on or before the date specified in the notification under sub-section (1) of section 4 in this behalf”.
Kerala —In section 5A, in sub-section (2), substituted the following sub-section, namely:— “(2) Every objection under sub-section (1) shall be made to the Collector in writing and the Collector shall give the object or an opportunity of being heard either in person or by any person authorized by him in this behalf or by counsel and shall, after hearing all such objections and after making such further enquiry, if any, as he thinks necessary, either make a report in respect of the land, which has been notified under sub-section (1) of section 4 or make different reports in respect of different parcels of such land,—
(i) to the Government, where the notification under sub-section (1) of section 4 was published by the Government;
(ii) to the Board of Revenue, where the notification under sub-section (1) of section 4 was published by the Board of Revenue or by himself,
containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of the Government or the Board of Revenue, as the case may be. The decision of the Government or the Board of Revenue, as the case may be shall be final.” [ Vide Kerala Act 28 of 1985, sec. 3 (w.e.f. 17-4-1985)].
Maharashtra —In section 5A, in sub-section (2), after the words “appropriate Government” where they occur at two places, 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.O., 2558/V, dated 5th September, 1958; Bombay Government Gazette, 1958, Pt. VB, page 937; Maharashtra Act 38 of 1964, sec. 2(f), (w.e.f. 7-12-1964)]. In section 5A, in sub-section (2),—
(a) for the words “to the Collector in writing”, substitute the words, brackets and figures “to the Collector, or to the Land Acquisition Officer, where he has published a notification under sub-section (1) of section 4, in writing”;
(b) for the words “the Collector shall”, substitute the words “the collector or, as the case may be, the Land Acquisition Officer shall”;
(c) for the portion beginning with the words “to the appropriate Government” and ending with the words “for the decision of that Government”, substitute the following namely:— “to the appropriate Government or, as the case may be, to the Commissioner (such report or reports by the Land Acquisition Officer being made to the State Government or to the Commissioner, if so directed by the State Government) containing his recommendation on the objections, together with the record of the proceedings held by him, for the decision of the State Government or as the case may be of the Commissioner”. [ Vide Maharashtra Act 39 of 1972, sec. 4 (w.e.f. 10-10-1972)].
Tamil Nadu: Madras (City). —Proceedings under section 49 and sub-section (1) of section 51 of the Madras City Improvement Trust Act, 1950, shall be substituted for and have the same effect as proceedings under section 5A of the Land Acquisition Act, 1894. [ Vide Madras Act 37 of 1950, sec. 73 and Sch., para 2(2) (w.e.f. 27-2-1951); Tamil Nadu A.L.O., 1969]. Uttar Pradesh.—In section 5A, in sub-section (1), for the words “thirty days”, substitute the words “twenty-one days”. [ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para. 3 (w.e.f. 19-11-1954)]. West Bengal. — Calcutta (Improvement). — See section 6A(ii).
(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—
(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard 18 [in person or by any person authorised by him in this behalf] or by pleader and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, 19 [either make a report in respect of the land which has been notified under section 4, sub-section (1), or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that Government]. The decision of the 20 [appropriate Government] on the objections shall be final.
(3) For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act.]
(2) Darbhanga. —Where a notice as prescribed by section 28 of the Darbhanga Improvement Act, 1934, has been served, the provisions contained in section 5A of the Land Acquisition Act, 1894, shall not apply. [ Vide Bihar and Orissa Act 4 of 1934, sec. 41].
(3) 22 In section 5A, in sub-section (1), for the words “within thirty days after the issue of the notice”, substitute the words “within thirty days after the publication of the notification referred to in the said sub-section at some conspicuous place in the village in which the land is situated or of the service of the copy thereof on him, whichever is later,”;
(4) For sub-section (2), substitute the following sub-section, namely:— “(2)(i) Every objection under sub-section (1) shall be made in writing to the Collector who shall give the objector an opportunity of being heard either in person or by pleader and shall, after hearing all such objections and making such further inquiry, if any, as he thinks necessary, decide the objection: Provided that the appropriate Government may, either of its own motion or on the application of any person interested in the land, call for the record of the proceedings held by the Collector and pass such order as it may think fit.
(ii) The order of the appropriate Government and subject to such order, the decision of the Collector, under clause (i) shall be final.”
(2) In sub-section (2),—
(a) after the words “in writing”, insert the words “setting out the grounds thereof”;
(b) after the words “the appropriate Government” occurring in the first sentence, insert the words, brackets and figures “before the expiry of six weeks from the last date for filing objections or before the expiry of two weeks from the date on which he receives the report under sub-section (4) of section 4, whichever is later”;
(c) 24 for the words “and a report containing his recommendations on the objections”, substitute the words “and a report containing his recommendations on the objections, and the fact of having submitted the report shall be communicated to the objectors: Provided that the appropriate Government may, if it is satisfied that there was sufficient cause for the delay, condone any delay in the submission of the report by a period not exceeding one year”.
(3) For the word “Collector”, wherever occurring, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, secs. 9 and 4 (w.e.f. 24-8-1961)].
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)].
7 After declaration, Collector to take order for acquisition: —Whenever any land shall have been so declared to be needed for a public purpose or for a company, the 36 [appropriate Government] or some officer authorised by the 36 [appropriate Government] in this behalf, shall direct the Collector to take order for the acquisition of the land. State Amendments
Bihar —In section 7, for the words “so declared”, substitute the words “so declared by the appropriate Government”. [ Vide Bihar Act 11 of 1961, sec. 7 (w.e.f. 1-6-1961)].
Gujarat —In section 7, omit the words “or, as the case may be, the Commissioner” as inserted by Bombey Act 8 of 1958. [ Vide Gujarat Act 15 of 1964, sec. 4 and Sch. (w.e.f. 15-5-1964)].
Karnataka —In section 7, for the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Kerala —In section 7, after the words “or some officer authorised by the appropriate Government in this behalf”, substitute the words “or the Board of Revenue, as the case may be,” [ Vide Kerala Act 28 of 1985, sec. 5 (w.r.e.f. 17-4-1985)].
Maharashtra —In section 7, after the words “in this behalf”, insert the words “or, as the case may be, the Commissioner”. [ Vide Bombay Act 8 of 1958 and Notification No. L.A.Q. 2558, 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)].
9 Notice to persons interested: —
(1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interests in such land may be made to him. State Amendments
Gujarat —In section 9, in sub-section (2), for the words “measurements made under section 8”, substitute the words “measurements according to section 3C or made under section 3A, 4 or 8”. [ Vide Gujarat Act 20 of 1965, sec. 9 (w.e.f. 15-8-1965)].
Karantaka —In section 9, in sub-section (2),—
(1) (a) for the words, brackets and figure “and the amount and particulars of their claims to compensation for such interest, and their objections (if any) to the measurements made under section 8”, substitute the words “the amount and particulars of their claims to compensation for such interests, the basis on which the compensation so claimed is computed their objections, if any, to the area as specified in the declaration, and such other matters as may be prescribed”;
(b) for the words “The Collector may, in any case, require such statement to be made in writing and” substitute the words “Such statement shall be made in writing in the prescribed form and shall be”;
(2) in sub-section (3), after the words “the land is situate”, insert the following sentence, namely:— “Such notice shall be served at least fifteen days before the date on which the persons concerned have to appear and state their respective interests before the Deputy Commissioner.”;
(3) in sub-section (4), for the words “by post”, substitute the words “by registered post” and omit the words figures and brackets “and registered under Part III of the Indian Post Office Act, 1886 (14 of 1886). [ Vide Mysore Act 17 of 1961, sec. 12 (w.e.f. 24-8-1961)].
(4) For the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
West Bengal. —In section 9, after sub-section (3), insert the following sub-sections, namely:— “(3A) The Collector shall also serve notice to the same effect on all such persons known or believed to be interested in any land, or to be entitled to act for persons so interested, the possession whereof has already been taken on requisition under section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to in this section as the said Act), as re-enacted by the West Bengal Land (Requisition and Acquisition) Re-enacting Act, 1977, and, in every such case, the provisions of sub-section (1) of section 4, section 5, section 5A, section 6, section 7 and section 8 of this Act shall be deemed to have been complied with: Provided that the date of notice under this sub-section shall be the date of reference for the purpose of determining the value of such land under this Act: Provided further that when the Collector has made an award under section 11 in respect of any such land, such land shall, upon such award, vest absolutely in the Government, free from all encumbrances.
(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.
3. Ed. This State Amendment relates to sub-section (4) prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984
(2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such time not being earlier than fifteen days after the date of publication of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, and their objections (if any) to the measurements made under section 8. The Collector may in any case require such statement to be made in writing and signed by the party or his agent.
(3) The Collector shall also serve notice to the same effect on the occupier (if any) of such land and on all such persons known or believed to be interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue district in which the land is situate.
(4) In case any person so interested resides elsewhere, and has no such agent the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business and 37 [registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)].
(3B) The Collector shall also serve notice to the same effect on all such persons known or believed to be interested in any land, or to be entitled to act for persons so interested, the possession whereof has already been taken on requisition under section 3 of the said Act, and notice for acquisition of such land has also been published under sub-section (1-a) of section 4 of the said Act, and, in every such case, the provisions of section 4, section 5, section 5A, section 6, section 7, section 8 and section 16 of this Act shall be deemed to have been complied with: Provided that the date of publication of notice under sub-section (1-a) of section 4 of the said Act shall be the date of reference for the purpose of determining the value of such land under this Act: Provided further that in every such case, the Collector shall make an award under section 11 in respect of such land only for the purpose of payment of due compensation to the persons interested in such land has, upon the Collector taking possession thereof, already vested absolutely in the Government, free from all encumbrances.” [ Vide West Bengal Act 7 of 1997, sec. 3 (w.e.f. 2-5-1997)].
10 Power to require and enforce the making of statements as to names and interests: —
(1) The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits (if any) received or receivable on account thereof for three years next preceding the date of the statement. State Amendment
Karnataka —In section 10,—
(1) for the word “Collector, substitute the words “Deputy Commissioner”; [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
(2) for the words “may also require” substitute the words “may also by notice require”. [ Vide Mysore Act 27 of 1961, sec. 13 (w.e.f. 24-8-1961)].
(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.
(2) Every person required to make or deliver a statement under this section or section 9 shall be deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code (45 of 1860).
11 Enquiry and award by Collector. — 38 [
(1) ] On the day so fixed, or any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land and 39 [at the date of the publication of the notification under section 4, sub-section (1)], and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of—
(i) the true area of the land;
(ii) the compensation which in his opinion should be allowed for the land; and
(iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him:
40 [Provided that no award shall be made by the Collector under this sub-section without the previous approval of the appropriate Government or of such officer as the appropriate Government may authorise in this behalf: Provided further that it shall be competent for the appropriate Government to direct that the Collector may make such award without such approval in such class of cases as the appropriate Government may specify in this behalf.]
40 [(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he may, without making further enquiry, make an award according to the terms of such agreement.
(3) The determination of compensation for any land under sub-section (2) shall not, in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.
(4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under sub-section (2) shall be liable to registration under that Act.] State Amendments Andhra Pradesh. —In its application in the acquisition of any land in the project area for a project purpose as defined in Nagarjunasagar Project (Acquisition of Land) Act, 1956, for section 11, substitute the following section, namely:—
11. Enquiry and award by Collector. —On the day so fixed, or on any of other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, into the market value of the land on the 1st July, 1953, and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section
(1) of section 4, into the value of the land at the date of the publication of the notification under sub-section (1) of section 4, and into the respective interests of the persons claiming the compensation and shall make an award under his hand of—
(i) the true are of the land;
(ii) the compensation which in his opinion should be allowed for the land; and
(iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him”.
[ Vide Andhra Pradesh Act 32 of 1956, sec. 3 (w.e.f. 8-11-1956)]. In its application in acquisition of any land in the project area for a project purpose as defined in Visakhapatnam Steel Project (Acquisition of Lands) Act, 1972:,(i) for section 11, substitute the following section, namely:— “11. Enquiry and award by Collector. —On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector, shall proceed to enquire, into the objections, if any, which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, into the market value of the land on the 1st April, 1966 and the value of any improvements to the land effected after that date and before the date of publication of the notification under sub-section (1) of section 4, into the value of the land on the date of publication of the notification under sub-section (1) of section 4, and into the respective interests of the persons claiming the amount payable to them for the land acquired and shall make an award under his hand of—
(i) the true area of the land;
(ii) the amount which in his opinion should be determined as payable for land acquired; and
(iii) the apportionment of the said amount among all the persons or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him.”
[ Vide Andhra Pradesh Act 20 of 1972, sec. 3 (2)(i) (w.e.f. 13-11-1972)].
Gujarat —(1) Section 11 renumbered as sub-section (1) thereof and in sub-section (1), so renumbered, for the proviso, substitute the following provisos, namely,— “Provided that no award shall be made by the Collector under this section without the previous approval of the State Government or of such superior officer as the State Government may authorise in this behalf: Provided further that it shall be competent to the State Government to direct that the Collector or such class of officers specifically appointed by the State Government to perform the functions of a Collector under this Act may make such award without such approval in such class of cases as the State Government may specify in this behalf.”
(2) After sub-section (1), insert the following sub-sections, namely:— “(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appear before him are agreeable to the award which he proposes to make under this section, the Collector may, without making further enquiry, require such persons to execute an agreement in the form prescribed by the State Government and make an award according to the terms of such agreement.
(3) The determination of compensation for any land under sub-section (2) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.
(4) Notwithstanding anything contained in the Indian Registration Act, 1908, no agreement made under sub-section (2) shall be liable to registration under that Act.” [ Vide Gujarat Act 20 of 1965, sec. 10 (w.e.f. 15-8-1965)].
Karnataka —(1) To section 11, add the following proviso, namely:— “Provided that no such award shall be made by the Deputy Commissioner, without the previous approval of the State Government or such officer as the State Government may appoint in this behalf who, in the case of an award made by an officer below the rank of the Deputy Commissioner of a district, may be the Deputy Commissioner of the district.” [ Vide Mysore Act 17 of 1961, sec. 14 (w.e.f. 24-8-1961)].
(2) For the word “Collector” substitute “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Maharashtra —(1) To section 11, add the following proviso, namely:— “Provided that no award allowing compensation exceeding such amount as the State Government may by general order specify shall be made by the Collector withoutthe previous approval of the State Government or such officer as the State Government may appoint in this behalf”. [ Vide Bombay Acts 35 of 1953, sec. 3 (w.e.f. 6-6-1963) and 12 of 1958, sec. 2 (w.e.f. 30-1-1958)].
(2) In section 11, add the following, namely:— “Save that the power of such approval shall be exercisable by the Commissioner in lieu of the State Government where an award not exceeding one lakh of rupees is made to fix compensation under the provisions of the Bombay Taluqdari Tenure Abolition Act, 1949, the Bombay Personal Inams Abolition Act, 1952, the Bombay Merged Territories (Baroda Mulgiras Tenure Abolition) Act, 1953, the Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953, and the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955.” [ Vide Bombay Act 8 of 1958, sec. 3(4) and Notification No. TTA 1057-85416-L, dated 26th May, 1958; Bombay Government Gazette, 1958, Pt., IVB, page 538; Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)]. Nagpur (City). —In section 11, the full stop at the end shall be deemed to be changed to a semicolon and the following shall be deemed to be added, namely:— “and
(iv) the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section (2) of section 23 as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector. The Collector may disallow, wholly or in part, costs incurred by any person, if the considers that the claim made by such person for compensation is extravagant.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 3 (w.e.f. 1-1-1937); Maharashtra (Vidarbha Region) A.L.O., 1956]. Punjab: Haryana: Chandigarh. —Same as that of Nagpur (City) under Maharashtra. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 3]. Rajasthan † .— In section 11, insert the following sub-sections namely:— “(3) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appear before him are agreeable to the award which he proposes to make under this section the Collector may, with the general or specific prior approval of the State Government without making further inquiry, require such persons to execute an agreement in the form prescribed by the State Government and make an award according to the terms of such agreement.
(4) The determination of compensation of any land under sub-section (3) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act.
(5) Notwithstanding anything contained in the Indian Registration Act, 1908 (Central Act 16 of 1908), no agreement made under this sub-section shall be liable to registration under the Act.” [ Vide Rajasthan Act 15 of 1981, sec. 4 (w.e.f. 27-6-1981)]. Uttar Pradesh. —In section 11, the full-stop at the end shall be deemed to be changed to a semicolon, and the following shall be deemed to be added, namely:— “and
(iv) the costs which, in his opinion, should be allowed to any person who is found to be entitled to compensation, and who is not entitled to receive the additional sum of fifteen per centum mentioned in sub-section (2) of section 23, as having been actually and reasonably incurred by such person in preparing his claim and putting his case before the Collector. The Collector may disallow, wholly or in part, costs incurred by any person. If he considers that the claim made by such person for compensation is extravagant”. [ Vide Uttar Pradesh Act 2 of 1959, sec. 376, Sch. II, para 3; Act 31 of 1966, sec. 88 ]. West Bengal. —(1) Calcutta (Improvement). —In section 11, before the words “make an award under his hand”, insert the words “after considering such evidence as may be adduced by the Board under sub-section (2) of section 50”. [ 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)].
(2) Howrah (Improvement). —Same as that of Calcutta (Improvement). [ Vide West Bengal Act 14 of 1956, sec. 3]. Section 11A
Gujarat —After section 11, insert the following section, namely:— “11A. Sums payable to Government to be specified in award. —If the land in respect of which an award is made under section 11 is land which, according to the terms of its tenure, is not transferable or partible by metes an bounds without the sanction of the State Government or any other competent Officer, then out of the amount of compensation awarded therefor a sum, which would have been payable to the State Government under any law for the time being in force, had the land been otherwise transferred, shall be payable to the State Government and the Collector shall specify in the award the sum so payable to the State Government.” [ Vide Gujarat Act 20 of 1965, sec. 11 (w.e.f. 15-8-1965)].
41 [ 11A Period within which an award shall be made. —
(1) The Collector shall make an award under section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), the award shall be made within a period of two years from such commencement. Explanation. —In computing the period of two years referred to in this section, the period during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a Court shall be excluded.] This Act has been declared to be in force in— The Act has also been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874) to be in force in— Extended to N.E.F.A. by the North East Frontier Agency (Extension of Laws) Regulation, 1960 (3 of 1960).
(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.
12 Award of Collector when to be final. —
(1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and apportionment of the compensation among the persons interested.
(2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made. State Amendments
Gujarat —Same as that of Maharashtra. [ Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-6-1965)]. Himachal Pradesh. —In section 12, in sub-section (2), after the word “made”, add the words “and, where the acquisition of land is not for the purposes of the Union, also send a copy of the award to the State Government”. [ Vide Himachal Pradesh Act, 1979 (4 of 1980), sec. 3 (w.e.f. 29-4-1980); Act repealed by Himachal Pradesh Act 17 of 1986].
Karnataka —In section 12—
(1) in sub-section (1), after the words “and shall, insert the words “subject to the provisions of section 15A, and”;
(2) for sub-section (2), substitute the following sub-section, namely:— “(2) The Deputy Commissioner shall give immediate notice of his award, or the amendment thereof made under section 12A, to the persons interested.”; [ Vide Mysore Act 17 of 1961, sec. 15 (w.e.f. 24-8-1961)].
(3) for the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Maharashtra —In section 12,—
(a) in sub-section (1), after the word “and shall”, insert the words, figures and letter “subject to the provisions of section 15A and”;
(b) in sub-section (2), after the word “award”, where it occurs for the first time, insert the words, figures and letter “or the amendment thereof made under section 12A”; and after the word “award”, where it occurs for the second time, insert the words “or amendment”.
[ Vide Bombay Act 35 of 1953, sec. 4 (w.e.f. 6-6-1953); Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)]. Punjab : Haryana: Chandigarh. —Same as that of Himachal Pradesh. [ Vide Punjab Act 17 of 1962, sec. 2 (w.e.f. 21-7-1962); Act 31 of 1966, sec. 88 (w.e.f. 1-11-1966)]. Uttar Pradesh. —In section 12 in sub-section (2) after the word “made”, insert the words “and also send a copy of the award to the Land Reforms Commissioner”. [ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para 4 (w.e.f. 19-11-1954)]. Section 12A
Bihar —After section 12 of the principal Act, insert the following section, namely:— “12A. Correction of award. —(1) The Collector may, before a reference, if any, is made under section 18,—
(i) on his own motion, within six months from the date of the award, or
(ii) on the application of the person interested made within six months from the date of the award, correct any clerical or arithmetical error in the award.
(2) The Collector shall give immediate notice of any correction made in the award to all persons interested.
(3) Where, as a result of correction made under sub-section (1), it appears to the Collector that any amount has been paid in excess to any person, such persons shall, after having been given an opportunity of being heard, be liable to refund the excess and if, on an order made by the Collector in this behalf, he fails or refuses to pay it, the same shall be realised as a public demand.” [ Vide Bihar Act 11 of 1961, sec. 8 (w.e.f. 1-6-1961)].
Gujarat —Same as that of Maharashtra. [ Vide Gujarat Act 20 of 1965, sec. 28, Sch. (w.e.f. 15-8-1965)]. Himachal Pradesh. —After section 12, add the following section, namely:— “12A. Power to correct award. —(1) The Collector may, at any time but not later than six months from the date of award, or where a reference is required to be made under section 18, before making of such reference, correct any clerical or arithmetical mistake in the award either on his own motion or on the application of any person interested.
(2) The Collector shall give immediate notice of any correction made in the award to all persons interested and, where the acquisition of land is not for the purposes of the Union, also to the State Government.
(3) Where any excess amount is proved to have been paid to any person as a result to the correction made under sub-section (1), such person shall be liable to refund the excess, and if he defaults or refuses to pay, the same may be realised as an arrear of land revenue.” [ Vide Himachal Pradesh Act, 1979 (4 of 1980), sec. 4 (w.e.f. 29-4-1980); Himachal Pradesh Act 4 of 1980 has been repealed by Himachal Pradesh Act 17 of 1986].
Karnataka —Same as that of Maharashtra except for the word “Collector” for which read “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 16 (w.e.f. 24-8-1961)].
Maharashtra —After section 12, insert the following section, namely:— “12A. Amendment of award. —(1) Any clerical or arithmetical mistake in an award or errors arising therein from accidental or omission may, at any time not later than six months from the date of the award, be corrected by the Collector either on his motion or on the application of a person interested and the award so corrected shall be deemed to have been amended accordingly.
(2) If the award so amend discloses any overpayment, the Collector shall, either immediate after the amendment of the award or after the expiry of the time allowed to make a reference to the Court from the amendment of the award, issue a notice to a person to whom overpayment was made that if the amount overpaid is not paid back to the State Government within one month after the receipt of the notice the amount overpaid shall be recovered as an arrear of land revenue and after the expiry of the time stated in the notice the amount shall be so recoverable.” [ Vide Bombay Act 35 of 1953, sec. 5 (w.e.f. 6-6-1953); Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)]. Punjab : Haryana: Chandigarh. —Same as that of Himachal Pradesh. [ Vide Punjab Act 17 of 1962, sec. 3 (w.e.f. 21-7-1962); Act 31 of 1966, sec. 88 (w.e.f. 1-11-1966)]. Uttar Pradesh. —Same as that of Himachal Pradesh. [ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para. 5 (w.e.f. 19-11-1954)].
13 Adjournment of enquiry. —The Collector may, for any cause he thinks fit, from time to time, adjourn the enquiry to a day to be fixed by him. State amendment
Karnataka —In section 13, for the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
42 [ 13A Correction of clerical errors, etc. —
(1) The Collector may, at any time but not later than six months from the date of the award, or where he has beenrequired under section 18 to make a reference to the Court, before the making of such reference, by order, correct any clerical or arithmetical mistakes in the award or errors arising therein either on his own motion or on the application of any person interested or a local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making a representation in the matter.
(2) The Collector shall give immediate notice of any correction made in the award to all the persons interested.
(3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered as an arrear of land revenue.]
14 Power to summon and enforce attendance of witnesses and production of documents. —For the purpose of enquiries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the 43 [Code of Civil Procedure, 1908 (5 of 1908)]. State Amendment
Karnataka —In section 14, for the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
15 Matters to be considered and neglected. —In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24. State Amendments Bihar: Patna (City). —Same as that of Maharashtra: Nagpur (City). [ Vide Bihar Act 35 of 1951, sec. 71 and Sch. para 3]. In section 15, for “and 24” substitute “24 and 24A”. [ Vide Bihar Act 57 of 1982, sec. 49 and Sch. (w.e.f. 8-10-1983)].
Karnataka —In section 15, for the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Maharashtra: Nagpur (City). —In section 15, for the word and figures “and 24”, word and figures “24 and 24A” preceded by a comma shall be deemed to be substituted. [ Vide C.P. and Berar Act 36 of 1936, sec. 61 and Sch., clause (4) (w.e.f. 1-1-1937): Maharashtra (Vidarbha Region) A.L.O., 1956].
Punjab —Same as that of Maharashtra: Nagpur (City). [ Vide Punjab Act 4 of 1922, sec. 59 and Sch. clause (4)]. Tamil Nadu: Madras (City). —Same as that of Maharashtra: Nagpur (City). [ Vide Tamil Nadu Act 16 of 1945, Sch., para 3]. Uttar Pradesh. —Controlled area on road-side and Mahapalika.—Same as that of Maharashtra. [ Vide Uttar Pradesh Act 10 of 1945, sec. 9 and Sch., para I (w.e.f. 15-4-1940) and Act 2 of 1959, sec. 376 and Sch. II, para 4]. West Bengal: (1) Calcutta (City) .—Same as that Maharashtra: Nagpur ( City ). [ Vide Bengal Act 5 of 1911, sec. 71 and Sch., para 3 (w.e.f. 2-1-1912)].
(2) Howrah (City) .—Same as that of Calcutta ( City ). [ Vide West Bengal Act 14 of 1956, sec. 7 and Sch., para 4].
44 [ 15A Power to call for records, etc. —The appropriate Government may at any time before the award is made by the Collector under section 11 call for any record of any proceedings (whether by way of enquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any finding or order passed or as to the regularity of such proceedings and may pass such order or issue such direction in relation thereto as it may think fit: Provided that the appropriate Government shall not pass or issue any order or direction prejudicial to any person without affording such person a reasonable opportunity of being heard.] State Amendments Section 15A
Gujarat —Same as that of Maharashtra. [ Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-8-1965)].
Karnataka —Same as that of Maharashtra except that for the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961. sec. 17 (w.e.f. 24-8-1961)].
Maharashtra —After section 15, insert the following section, namely:— “15A. Power of State government to call for proceedings and pass orders thereon .—The State Government may at any time before an award is made by the Collector under section 11, call for and examine the record of any order passed by the collector or of any inquiry or proceedings of the Collector, of the purpose of satisfying itself as to the legality or propriety of any order passed and as to the regularity of such proceedings. If in any case, it shall appear to the State Government that any order or proceedings so called for should be modified, annulled or reversed, it may pass such order thereon as it deems fit.” [ Vide Bombay Act 35 of 1953, sec. 6 (w.e.f. 6-6-1953): Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
16 Power to take possession. —When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon 45 [vest absolutely in the 46 [Government]], free from all encumbrances. STATE AMENDMENT
Karnataka —(1) In section 16, for the word “Collector”, substitute the words “Deputy Commissioner”; and
(2) Section 16 renumbered as sub-section (1) thereof, and after sub-section, (1), sorenumbered, add the following sub-section, namely:— “(2) The fact of such taking possession may be notified by Deputy Commissioner in the Official Gazette; and such notification shall be evidence of such fact”. [ Vide Mysore Act 17 of 1961, secs. 4 and 18 (w.e.f. 24-8-1961)]. This Act has been declared to be in force in— The Act has also been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874) to be in force in— Extended to N.E.F.A. by the North East Frontier Agency (Extension of Laws) Regulation, 1960 (3 of 1960).
(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.
17 Special powers in cases of urgency. —
(1) In cases of urgency, whenever the 47 [appropriate Government] so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9, sub-section (1), 48 [take possession of any land needed for a public purpose]. Such land shall thereupon 49 [vest absolutely in the 50 [Government]], free from all encumbrances.
(2) Whenever owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station, 47 [or the appropriate Government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity,] the Collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the 47 [appropriate Government], enter upon and take possession of such land, which shall thereupon 49 [vest absolutely in the 50 [Government]] free from all encumbrances: Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
(3) In every case under either of the preceding sub-sections the Collector shall at the time of taking possession offer to the persons interested, compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained.
51 [(3A) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall, without prejudice to the provisions of sub-section (3),—
(a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested entitled thereto, and
(b) pay it to them, unless prevented by some one or more of the contingencies mentioned in section 31, sub-section (2),
and where the Collector is so prevented, the provisions of section 31, sub-section (2), (except the second proviso thereto), shall apply as they apply to the payment of compensation under that section.
(3B) The amount paid or deposited under sub-section (3A), shall be taken into account for determining the amount of compensation required to be tendered under section 31, and where the amount so paid or deposited exceeds the compensation awarded by the Collector under section 11, the excess may, unless refunded within three months from the date of the Collector's award, be recovered as an arrear of land revenue.]
52 [(4) In the case of any land to which, in the opinion of the 53 [appropriate Government], the provisions of sub-section (1) or sub-section (2) are applicable, the 53 [appropriate Government] may direct that the provisions of section 5A shall not apply, and, if it does so direct, a declaration may be made under section 6 in respect of the land at any time 54 [after the date of the publication of the notification] under section 4, sub-section (1).] State AmendmentS Andhra Pradesh. —(1) Same as that made by Madras Act 21 of 1948, sec. 2 reproduced below:
(1) In section 17—
(a) In sub-section (1), add the following Explanation, namely:—
“ Explanation .—This sub-section shall apply to any waste or arable land, not such as huts, pandals or sheds ”;
(b) for the first paragraph of sub-section (2), substitute the following, namely:—
(2) In the following cases, that is to say,—
(a) Whenever owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway Administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing a convenient connection with or access to any such station.
(b) Whenever in the opinion of the Collector it becomes necessary to acquire the immediate possession of any land—
(i) for the purpose of any library or educational institution, or
(ii) for the construction, extension or improvement of—
(A) any building or other structure in any village for the common us of inhabitants of such village, or
(B) any godown for any society registered or deemed to be registered under Madras Co-operative Societies Act, 1932, or
(C) any dwelling-house for the poor, or(D) any irrigation tank, irrigation or drainage channel or any well, or
(E) any road. the Collector, immediately after the publication of the notice mentioned in sub-section (1) with the previous sanction of the appropriate Government, enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances. [ Vide Madras Act 21 of 1948, sec. 2].
(2) In its application to the acquisition of lands in the Nagarjunasagar Project area, after sub-clause (b) of sub-section (2) of section 17 as amended by Madras Act 21 of 1948, add the following, namely:— “,or
(iii) for any purpose connected with the Nagarjunasgar Project in the area to which the Nagajunasagar Project (Acquisition of Land) Act 1956, extends”. [ Vide Andhra Pradesh Act 32 of 1956, sec. 3 (w.e.f. 8-11-1956)].
(3) In its application to the acquisition of land of Andhra Pradesh Housing Board, after sub-clause (iii) of clause (b) of sub-section (2), add the following, namely:— “(iv) for the execution of any housing scheme under the Andhra Pradesh Housing Board Act, 1956.” [ Vide Andhra Pradesh Act 46 of 1956, sec. 40A (as inserted by Andhra Pradesh Act 14 of 1962), sec. 14.
(4) In section 17, in sub-section (2), in clause (b)(ii)(B) as amended by Madras Act XXI of 1948, add the following words, figures and brackets, namely:— “the Hyderabad Co-operative Societies Act, 1952 (Hyd. Act 6 of 1952), or;” [ Vide Andhra Pradesh Act 20 of 1959, sec. 6 (w.e.f. 15-1-1959)]. In its application to State of Andhra Pradesh, for the purpose of acquisition of land for the construction, extension or improvement of any dwelling house for the poor— In section 17,—
(a) in sub-section (1), for the words “the appropriate Government”, substitute the words “the appropriate Government or the District Collector, as the case may be,”;
(b) in sub-section (2), in clause (b), for the words “the appropriate Government”, substitute the words “the appropriate Government or the District Collector, as the case may be,”; [ Vide Andhra Pradesh 22 of 1976, sec. 3 (w.r.e.f. 12-9-1975).
(ii) after sub-clause (iii) of clause (b) of sub-section (2) of section 17 (as amended by the Nagarjunasagar Project (Acquisition of Land) Act, 1956) add the following, namely:—
(iv) “or for any purpose incidental to or connected with the Visakhapatnam Steel Project in the area to which the Visakhapatnam Steel Project (Acquisition of Lands) Act, 1972 extends”; [ Vide Andhra Pradesh Act, 20 of 1972, sec. 3(2)(ii) (w.e.f. 13-11-1972)]. In section 17, in sub-section (4) for the words “after the publication of the notification” substitute the words “after causing public notice”. [ Vide Andhra Pradesh Act 9 of 1983, sec. 4(i) (w.r.e.f. 12-9-1975)]. In section 17, after sub-section (4), add the following sub-section, namely:— “(5) (a) In any case where the State government have directed under sub-section (4) that the provisions of section 5A shall not apply, the Collector shall take possession of the land within three months thereof.
(b) If however the Collector fails to take possession of the land within the aforesaid period of three months, the provisions of section 5A shall apply as if there is no such direction that section 5A shall not apply, and in all such cases the period of thirty days referred in section 5A shall be reckoned from the date of expiration of three months specified in clause (a).” [ Vide Andhra Pradesh Act 9 of 1983, sec. 4(ii) (w.r.e.f. 12-9-1975)].
Bihar —For section 17, substitute the following section, namely:— “17. Special powers in case of urgency. —(1) In cases of urgency, whenever the appropriate Government so directs the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the declaration mentioned in section 6, or with the consent in writing of the person interested, at any time after the publication of the notification under section 4 in the village in which the land is situated, take possession of any waste or Farable land needed or public purposes or for a company. Such land shall thereupon vest absolutely in the Government free from all encumbrances. Explanation. —This sub-section shall apply to any waste or arable land, notwithstanding the existence thereon of forest, orchard or trees.
(2) Whenever it becomes necessary for the purpose of protection life or property from flood, erosion or other natural calamities or for the maintenance of communication other than a railway communication or it becomes necessary for any Railway Administration (other than Railway Administration of the Union), owing to any sudden change in a channel of any navigable river or other unforeseen emergency for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or providing convenient connection with or access to any such station to acquire the immediate possession of any land, the Collector may, immediately after the publication of the declaration mentioned in section 6, or, with the consent in writing of the person interested, given in the presence of headman of the village or Mukhiya and Sarpanch as defined in the Bihar Panchayat Raj Act, 1947 (Bihar Act 7 of 1948), at any time after the publication of the notification under section 4 in the village in which the land is situated and with the previous sanction of the appropriate Government, enter upon and take possession of such land which shall thereon vest absolutely in the government free from encumbrances: Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention to do so, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
(3) In every case under the preceding sub-sections the Collector shall, at the time of taking possession offer to the person interested, compensation for the standing crops on such land and for any damage sustained by them caused by such sudden dispossession and not accepted in section 24 and, in case such offer is not accepted, the value of such crops and the amount of such other damage shall be allowed for in awarding compensation of the land under the provisions herein contained.
(4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1) or sub-section (2) are applicable, the provisions of section 5A shall not apply where the appropriate Government so directs to where possession of the land has been taken with the consent of the person interested.” [ Vide Bihar Act 11 of 1961, sec. 9 (w.e.f. 1-6-1961)].
(2) Patna City .—In sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted. [ Vide Bihar Act 35 of 1951, sec. 71 and Sch. (w.e.f. 6-12-1951)]. In section 17— for the existing sub-section (1), the following sub-section shall be deemed to be substituted, namely:— “(1) Whenever the Government so directs in the interest of the expeditious execution of a housing or improvement scheme Housing Board Ordinance, 1974 the Collector, though no such award has been made, may on the expiration of fifteen days from the publication of the notice mentioned in sub-section (1) of section 3 take possession of any land needed for this purpose of the said Act and such land shall thereupon vest absolutely in the Government free from all encumbrances.”;
(ii) in sub-section (3) after the word and figures “section 24” the words, figures and letter “or section 21A” shall be deemed to be inserted;
(iii) sub-section (4) shall be deemed to be omitted.
[ Vide Bihar Act 57 of 1982, sec. 49, Sch. (w.e.f. 8-10-1983)].
Gujarat —(1) In section 17, in sub-section (1), omit the words “or the Commissioner”, in sub-section (2), omit the words “or the Commissioner” and “or, as the case may be, of the Commissioner”, and in sub-section (4), omit the words “or, as the case may be, of the Commissioner” occurring at two places and omit the words “or he”. [ Vide Gujarat Act 15 of 1964, sec. 3 and Sch. (w.e.f. 15-5-1964)].
(2) In section 17, in sub-section (1) omit the words “waste or arable”. [ Vide Gujarat Act 23 of 1962, sec. 31 and Act 20 of 1965 sec. 17, Sch. (w.e.f. 15-8-1965)]. Himachal Pradesh. —In section 17—
(i) after sub-section (1), add the following explanation, namely:— “ Explanation .—This sub-section shall apply to any waste or arable land, n otwithstanding the existence therein of scattered tress or temporary structures, such as huts, pandals or sheds.”;
(ii) for sub-section (2), substitute the following sub-section, namely:—
(2) In the following cases, that is to say,—
(a) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary or any railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station;
(b) Whenever in the opinion of the Collector becomes necessary to acquire the immediate possession of any land for the purpose of any library or educational institution or for the construction, extension or improvement of any building or other structure in any village for the common use of the inhabitants of such village, or any godown for any society registered under the Himachal Pradesh Co-operative societies Act, 1969 or any dwelling-house for the poor, or the construction of labour colonies or houses for any other class of people under the Government sponsored housing scheme, or any irrigation tank, irrigation or drainage, channel, or any well, or any public road;
(c) Whenever land is required for a public purpose which in opinion of the appropriate Government is of urgent importance; the Collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate government, enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances: Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.”
[ Vide Himachal Pradesh Act, 1979 (4 of 1980), sec. 5 (w.e.f. 29-4-1980). Act has been repealed by Himachal Pradesh Act 17 of 1986].
Karnataka —In section 17,—
(1) In sub-section (1), add the following Explanation, namely:— “ Explanation .—This sub-section shall apply to any waste or arable land, notwithstanding the existence thereon of scattered trees or temporary structures, such as huts, pandals or sheds.”;
(2) in sub-section (2), in the first paragraph, after the portion beginning with the word “whenever” and ending with the words “access to any such station”, add the following words, namely:— “or whenever owing to a like emergency or owing to breaches or other unforeseen events causing damage to roads, channels or tanks, it becomes necessary for the State government to acquire the immediate possession of any land for the purpose of maintaining road communication or irrigation or water-supply service, as the case may be;” [ Vide Mysore Act 17 of 1961, sec. 19 (w.e.f. 24-8-1961)].
(3) for the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Kerala —In section 17—
(i) in sub-section (1), after the words “appropriate Government” insert the words “or the District Collector”;
(ii) in sub-section (4),—
(a) after the words “in the opinion of the appropriate Government”, insert the words “or the Board of Revenue”;
(b) for the words “the appropriate Government may direct”, substitute the words “the appropriate Government or the Board of revenue, as the case may be, may direct”.
[ Vide Kerala Act 28 of 1985, sec. 6 (w.r.e.f. 17-4-1985)]. Madhya Pradesh. —In section 17,—
(1) in sub-section (1), the following proviso shall be deemed to have been added, namely:— “Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as many be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.” [ Vide C.P. and Berar Act 20 of 1949, sec. 3 and Sch., para 2 (w.e.f. 22-4-1949): Madhya Pradesh Act 23 of 1958, sec. 3 and Sch., Pt. A, No. 59];
(2) in sub-section (2), after the words “any such station”, insert the following words, namely:— “or whenever owing to a like emergency it become necessary for the State Government to acquire the immediate possession of any land for the purpose of maintaining traffic over a public road” [ Vide C.P. and Berar Act 28 of 1949, sec. 2 (w.e.f. 6-5-1949): Madhya Pradesh Act 23 of 1958, sec. 3 and Sch., Pt. A, item 59].
(3) in sub-section (3), after the figures “24”, the words, figures and letter “or section 24-A” shall be deemed to be inserted;
(4) In section 17, the following sub-section shall be deemed to be added, namely:— “(4) when proceedings have been taken under this section for the acquisition of anyland, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession.” [ Vide C.P. Act 2 of 1922, sec. 3 and Sch. (w.e.f. 1-7-1923): Madhya Pradesh Act 23 of 1958, sec. 3 and Sch., Pt. A, item 59].
Maharashtra —In section 17,—
(1) (i) in sub-section (1), after the words, “appropriate Government”, insert the words “or the Commissioner”;
(ii) in sub-section (2),— (a) after the words “access to any such station”, insert the words “or whenever owing to a like emergency or owing to breaches or other unforeseen events causing damage to roads, rivers, channels or tanks, it becomes necessary for the State Government or the Commissioner to acquire the immediate possession of any land for the purpose of maintaining road communication or irrigation or water-supply service, as the case may be,” (b) after the words “appropriate Government”, insert the words “or, as the case may be, of the Commissioner”;
(iii) in sub-section (4),— (a) after the words “appropriate Government” where they occur in two places, the insert the words “or, as the case may be, of the Commissioner”; (b) for the words “it does so direct”, substitute the words “it or he does so direct”;
[ Vide Bombay Acts 35 of 1953, sec. 7 (w.e.f. 6-6-1953) and 8 of 1958 sec. 3(4) with Notification No. LAQ. 2558/V, dated 5th September, 1958: Bombay Government Gazette, 1958, Pt. IV-B, p. 937: Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
(2) after sub-section (4) the following Explanation shall be deemed always to have been inserted:— “ Explanation .—It shall not be necessary for the purpose of sub-section (1) for taking possession of any waste or arable land, to state separately which lands are waste and which are arable.” [ Vide Maharashtra Act 24 of 1965, sec 4].
(3) Nagpur (City) .—(1) In section 17 in sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted;
(2) In section 17, add the following sub-section, namely:— “(5) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 5 (w.e.f. 1-1-1937): Maharashtra (V.R.) A.L.O. 1956]. During the continuance of the Land Acquisition (Maharashtra Temporary Amendment) Act, 1972, the provisions of section 17 of the Land Acquisition Act, 1894 shall apply, subject to the following modifications, that is to say,— “In section 17, in sub-section (2), after the words “as the case may be”, where they occur for the first time, insert the words “or whenever due to failure of the monsoons or otherwise there is acute scarcity of water for drinking or agriculture and failure of crops in the State, it becomes necessary for the State Government or the Commissioner to acquire the immediate possession of any land, for the purpose of providing water for drinking or agriculture and by setting up or containing relief works for providing employment to persons affected by the conditions referred to above.” [ Vide Maharashtra Act 7 of 1973, sec. 2 (w.e.f. 26-2-1973)].
Orissa —In section 17,—
(a) [***]
(b) in sub-section (4), for the words “in the case of any land to which”, substitute the words “in cases where”.
[ Vide Orissa Act 19 of 1959, sec. 3 (w.e.f. 4-11-1959)]. Punjab, Haryana, Chandigarh and Himachal Pradesh. —In section 17,—
(i) to sub-section (1), add the following Explanation, namely:— “ Explanation .—This sub-section shall apply to any waste or arable land, notwithstanding the existence therein of scattered tress or temporary structures, such as huts, pandals or sheds.”;
(ii) for sub-section (2), substitute the following sub-section, namely:—
“(2) In the following cases, that is to say,—
(a) whenever owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway Administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station;
(b) whenever in the opinion of the Collector it becomes necessary to acquire the immediate possession of any land for the purpose of any library or educational institution or for the construction, extension or improvement of any building or other structure in any village for the common use of the inhabitants of such village, or any godown for any society registered under the Co-operative Societies Act, 1912, or any dwelling house for the poor, or the construction of labour colonies or houses for any other class of people under a Government sponsored housing scheme, or any irrigation tank, irrigation or drainage channel, or any well, or any public road;
(c) whenever land is required for a public purpose which in the opinion of the appropriate Government is of urgent importance, the Collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate Government enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances: Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours' notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.”;
[ Vide Punjab Acts 11 of 1954, sec. 2 (9-1-1954); 17 of 1956, sec. 2 (14-6-1956); and 47 of 1956 sec. 2 (31-10-1956); Act 31 of 1966, sec. 88 and G.S.R. 257 dated 21st December, 1962: Gazette of India 3-3-1962, Pt. II, Sec. 3 (i), p. 229];
(iii) in sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted;
(iv) after sub-section (3), the following sub-sections shall be deemed to be added, namely:— “(4) Sub-sections (1) and (3) shall apply also to any area certified to be unhealthy by any Magistrate of the first class.
(5) Before granting any such certificate, the Magistrate shall cause notice to be served as promptly as may be on the persons referred to in sub-section (3) of section 9, and shall hear without any avoidable delay any objections which may be urged by them.
(6) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenlydispossessed of such land, compensation shall be paid to such person for such dispossession.” [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 5: Act 31 of 1966 sec. 88]. Tamil Nadu. —I. In section 17,—
(a) to sub-section (1), add the following explanation, namely:— “ Explanation .—This sub-section shall apply to any waste or arable land, notwithstanding the existence thereon of scattered trees or temporary structures such as huts, pandals or sheds.”
(b) for the first paragraph of sub-section (2), substitute the following sub-section, namely:—
“(2) In the following cases, that is to say,—
(a) whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway Administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or access to any such station;
(b) whenever in the opinion of the Collector it becomes necessary to acquire the immediate possession of any land
(i) for the purpose of any library or educational institution or
(ii) for the construction, extension or improvement of—
(A) any building or other structure in any village for the common use of the inhabitants of such village, or
(B) any godown for any society registered or deemed to be registered under the Madras Co-operative Societies Act, 1932, or
(C) any dwelling house for the poor, or
(D) any irrigation tank, irrigation or drainage channel or any well, or
(E) any road,
the Collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate Government, enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances.” [ Vide Madras Act 21 of 1948, sec. 2 (w.e.f. 4-1-1949)].
(II) Amendment made by Andhra Pradesh Act 20 of 1959, section 6, shall be omitted as regards the territories added to Tamil Nadu by Act 56 of 1959. [See T.N. A.L.O., 1961 (w.r.e.f. 1-4-1960)].
(III) Madras (City) .—In section 17, in sub-section (3) after the word and figures “section 24”, the words, figures and letter “or section 24A” shall be deemed to be inserted. [ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para 4 (w.e.f. 27-2-1951)]. Uttar Pradesh. —(1) In section 17, after sub-section (1), insert the following sub-section, namely:— “(1A) The power to take possession under sub-section (1) may also be exercised in the case of other than waste or arable land, where the land is acquired for or in connection withy sanitary improvements of any kind or planned development.” [ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para 6 (w.e.f. 19-11-1954)].
(2) In its application for the acquisition of land by the State Government for roadside or by the Nagar Mahapalika, in sub-section (3) of section 17, after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted. [ Vide Uttar Pradesh Act 10 of 1945, sec. 9 and Sch., para 2 (w.e.f. 15-4-1946) and Act 2 of 1959, sec. 376 and Sch. II, para 5].
(3) In its application for the acquisition of land by the Nagar Mahapalika, after sub-section (3), the following sub-section shall be deemed to be added, namely:— “(4) *Sub-sections (1) and (3) shall apply also in the case of any area which is stated in a certificate granted by the District Magistrate or a Magistrate of the first class to be unhealthy.
(5) Before granting any such certificate, the Magistrate shall cause notice to be served as promptly as may be on the persons referred to in sub-section (3) of section 9, and shall hear without any available delay any objections which may be urged by them.
(6) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession.” [ Vide Uttar Pradesh Act 2 of 1959, sec. 736 and Sch. II, para 5]. * Note that there is sub-section (4) in the main Act; this figure is, therefore, overlapping.
(4) for the existing sub-sections (1) and (1A), the following subsection shall be deemed to be substituted, namely:— “(1) Whenever the State Government so directs in the interest of the expeditious execution of a housing or improvement scheme under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, the collector, though no such award has been made may, on the expiration of fifteen days from the publication of the notice mentioned in sub-section (1) of section 9, take possession of any land needed for the purposes of the said adhiniyam. Such land shall thereupon vest absolutely in the Government free from all encumbrances.”
(5) Sub-section (4) shall be deemed to be omitted. [ Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Sch. 3]. In its application of Uttar Pradesh, in section 17, in sub-section (4), for the words, brackets and figures “sub-section (1) or sub-section (2)”, substitute the words, brackets and figures “sub-section (1), “sub-section (1A) or sub-section (2)”. [ Vide Uttar Pradesh Act 8 of 1974, sec. 3 (w.e.f. 26-4-1974)]. In section 17(4), to sub-section (4), insert the following proviso, namely:— “Provided that where in the case of any land, notification under section 4, sub-section (1) has been published in the Official Gazette on or after September 24, 1984 but before January 11, 1989, and the appropriate Government has under this sub-section directed that the provisions of section 5A shall not apply, a declaration under section 6 in respect of the land may be made either simultaneously with, or at any time after, the publication in the Official Gazette of the notification under section 4, sub- section (1).” [ Vide Uttar Pradesh Act 5 of 1991, sec. 2 (w.r.e.f. 24-9-1984)]. West Bengal: I. Calcutta (Improvement) .—(1) In section 17, sub-section (3), after the figures “24”, the words, figures and letter “or section 24A” shall be deemed to be inserted.
(2) In section 17, after sub-section (3), the following sub-section shall be deemed to be added namely:—
(4) Sub-sections (1) and (3) shall apply also in the case of any area which is stated in a certificate granted by the salaried Presidency Magistrate or a Magistrate of the first class to be unhealthy.
(5) Before granting any such certificate, the Magistrate shall cause notice to be served as promptly as may be on the persons referred to in sub-section (3) of section 9, and shall hear without any avoidable delay any objections which may be urged by them.
(6) When proceedings have been taken under this section for the acquisition of any land, and any person sustains damage in consequence of being suddenly dispossessed of such land, compensation shall be paid to such person for such dispossession”. [ Vide Bengal Act 5 of 1911, sec. 71 and Sch., para 4 (2-1-1912)].
(II) Howrah (Improvement) .—(i) As in Calcutta (Improvement)
(ii) Same as in (4) Calcutta (Improvement) except for the word “Presidency” after “salaried.”
(iii) Same as in (4) Calcutta (Improvement) except for the word “Presidency after “salaried.” section 70 and Schedule I, para 5 (26-1-1957). Section 17A Bihar: Patna (City) .—Same as that of Nagpur (city) under Maharashtra. [ Vide Bihar Act 35 of 1951, sec. 71 and Sch., para 5]. After section 17, the following section shall be deemed to have been inserted, namely:— “17A. Transfer of Land to Board .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make overcharge of the land to the Board and the land shall thereupon vest in the Board, subject to the liability of the Board to pass any further costs which may be incurred on account of its acquisition.” [ Bihar Act 57 of 1982, sec. 49, Sch.].
Gujarat —After section 17, insert the following section, namely:— “17A. Use of land for any public purpose permitted .—When any lands vests in the State Government or in a corporation owned by the State Government under the provisions of this Act, it shall be lawful, with the previous sanction of the State Government to use such land also for any public purpose other than that for which its possession was taken.” [ Vide Gujarat Act 20 of 1965, sec. 13 (15-8-1965)]. Madhya Pradesh. —In its application to the Bhopal area of the State of Madhya Pradesh, after section 17, insert the following section, namely:— “17A. Special powers in relation to building sites in Bhopal area .—Whenever it appears to the State Government that it is urgently necessary to acquire immediate possession of any building site (together with the building, if any, standing thereon) situate in Bhopal area, the State Government may issue direction accordingly to the Collector and thereupon the provisions of section 17 shall in all respects apply in case of such site as they apply in case of waste or arable land: Provided that the Collector shall not take possession of any building or part of a building under this section without giving to the occupier thereof two months' notice of his intention so to do in order to enable such occupier to vacate the building without necessary inconvenience.” [ Vide Madhya Pradesh Act 5 of 1959, sec. 3 (w.e.f. 1-4-1959)]. Maharashtra: Nagpur (City) .—After section 17, the following section shall be deemed to be inserted, namely:— “17A. Transfer of Land to Trust .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Trust; and the land shall thereupon vest in the Trust, subject to the liability of the Trust to pay any further costs which may be incurred on account of its acquisition.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 6 (1-1-1937): Maharashtra (Vidarbha Region) A.L.O., 1956]. Punjab, Haryana, Chandigarh. —Same as that of Nagpur (City) under Maharashtra. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 6: Act 31 of 1966, sec. 88]. Tamil Nadu: Madras (City) .—Same as that under Calcutta and Howrah (Improvement) under West Bengal. [ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para. 5 (w.e.f. 27-2-1951)]. Uttar Pradesh. —(1) In its application for acquisition of land for Nagar Mahapalika, after section 17, the following section shall be deemed to be inserted, namely:— “17A. Transfer of Land to Mahapalika. —In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Mukhya Nagar Adhikari; and the land shall thereupon vest in the Mahapalika, subject to the liability of the Mahapalika to pay any further costs which may be incurred on account of its acquisition.” [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, para 6].
(2) In its application to Development Board, after section 17, add the following section, namely:— “17A. Transfer of Land to Board .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Housing Commissioner, or an officer authorized in this behalf under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965; and the land shall thereupon vest in the Board subject to the liability of the Board to pay any further costs which may be incurred on account of its acquisition.” [ Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Sch., para 4]. West Bengal: Calcutta and Howrah (Improvements) .—After section 17, the following section shall be deemed to be inserted namely:— “17A. Transfer of Land to Board .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make over charge of the land to the Board and the land shall thereupon vest in the Board, subject to the liability of the Board to pay any further costs which may be incurred on account of its acquisition.” [ Vide West Bengal Act 5 of 1911, sec. 71 and Sch., para 5 (w.e.f. 2-1-1912): West Bengal Act 14 of 1956, sec. 70 and Sch., para 6]. Union Territory: Goa Daman and Diu .—In section 17,—
(a) [***]
(b) in sub-section (4), for the words “In the case of any land to which “substitute the words “In case where”. [ Vide Goa Act 2 of 1981), sec. 2(a) and (b) (w.e.f. 26-2-1981)]. Union Territory: Pondicherry .—After section 17 insert the following section, namely:— “17A. Transfer of Land to Planning Authority .—In every case referred to in section 16 or section 17, the Collector shall, upon payment of the cost of acquisition, make overcharge of the land to the Planning Authority constituted under section 11 of the Pondicherry Town and Country Planning Act, 1969; and the land shall thereupon vest in the said Authority, subject to the liability to pay any further costs which may be incurred on account of its acquisition.” [ Vide Pondicherry Act 15 of 1971, sec. 6 (w.e.f. 2-8-1971].
18 Reference to Court. —
(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.
(2) The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made,—
(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;
(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire.
State Amendments Andhra Pradesh. —In section 18, in sub-section (2), for clause (b) of the proviso, substitute the following clause, namely:— “(b) in other cases, within two months from the date of service of the notice from the Collector under section 12, sub-section (2).” [ Vide Andhra Pradesh Act 20 of 1959, sec. 7 (w.e.f. 15-10-1959)].
Bihar —In section 18, sub-section (2), the following proviso is deemed to have been added— “Provided that this sub-section, shall not apply where the land acquired as situated in area which is declared by the Government to be a congested or slum area and the land is not in the actual possession of the owner.” [ Vide Bihar Act 57 of 1982, sec. 49 and Sch.].
Gujarat —Same as that of Maharashtra. [ Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-8-1965)]. Himachal Pradesh. —(1) In section 18, after sub-section (2), insert the following sub-sections, namely:— “(2A) Without prejudice to the provisions of sub-section (1), the State Government may, where the acquisition of land is not for the purposes of the Union and it considers the amount of compensation allowed by the award under section 11 to be excessive, require the Collector by written application that the matter be referred by him to the Court for determination of the amount of compensation. Explanation. —In any cases of land under Part VII, the requisition under this sub-section may be made by the State Government at the request of the company on its undertaking to pay all the cost consequent upon such requisition. [ Vide Himachal Pradesh Act 9 of 1964, sec. 4 (w.e.f. 24-12-1964)].
(2B) The requisition shall state the grounds on which objection to the award is taken and shall be made within six months of the date of award.”
(2) After sub-section (2), add the following sub-section, namely:— “(3) Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the collector were a Court subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure, 1908 (5 of 1908).” [ Vide Himachal Pradesh Act, 1979 (4 of 1980), sec. 6 (w.e.f. 29-4-1980)].
(2) In section 18, in clause (b) to the proviso, the sign “,” occurring at the end, substitute the sign”:” and thereafter, add the following second proviso, namely:— “Provided further that the Collector may entertain an application under this section, after the expiry of the period of six weeks but within a period of six months, if he is satisfied that the applicant was prevented by sufficient cause from making the application in time.” [ Vide Himachal Pradesh Act 17 of 1986, sec. 2 (w.e.f. 22-7-1986)].
Karnataka —In section 18,—
(1) after the word “award”, where it occurs for the first time, insert the words “or amendment thereof” and after the word, award”, wherever it occurs thereafter, insert the words “or the amendment”;
(2) in sub-section (2), for the proviso substitute the following proviso, namely:— “Provided that every such application shall be made within ninety days from the date of service of the notice from the Deputy Commissioner under sub-section (2) of section 12.”;
(3) after sub-section (2), add the following sub-section, namely:— “(3) (a) The Deputy Commissioner shall, within ninety days from the date of receipt of an application under sub-section (1), make a reference to the Court;
(b) if the Deputy Commissioner does not make a reference to the Court within a period of ninety days from the date of receipt of the application, the applicant may apply to the Court to direct the Deputy Commissioner to make the reference, and the court may direct the Deputy Commissioner to make the reference within such time as the Court may fix.”
[ Vide Mysore Act 17 of 1961, sec. 20 (w.e.f. 24-8-1961)].
(4) for the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner” [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Madhya Pradesh. —In section 18,—
(a) at the end of sub-section (1), the words “or the amount of the costs allowed' shall be deemed to be added;
[ Vide C.P. Act 2 of 1922, sec. 239 and Sch., para 4 (w.e.f. 1-7-1923)].
(b) after sub-section (2), insert the following sub-section, namely:—
“(3) Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the Collector were a Court subordinate to the High Court, within the meaning of section 115 of the Code of Civil Procedure, 1908.” [ Vide C.P. and Berar Act 7 of 1949, sec. 3 (w.e.f. 25-3-1949)]. Jabalpur (City).— In section 18, in sub-section (1), at the end full stop shall be deemed to be changed to a comma and the words” or the amount of the costs allowed” shall be deemed to be added. [ Vide C.P. and Berar Act 8 of 1950].
Maharashtra —(1) In section 18, after the word “award”, where it occurs for the first time, insert the words “or the amendment thereof” and after the word “award” wherever it occurs thereafter, insert the words “or the amendment”. [ Vide Bombay Act 35 of 1953, sec. 8 (w.e.f. 6-6-1953): Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
(2) Nagpur (City) .—In section 18, in sub-section (1), the full stop at the end shall be deemed to be changed to a comma and the words “or the amount of the costs allowed” shall be deemed to be added. [ Vide C.P. Act 35 of 1936, sec. 61 and Sch., para 7 (1-1-1937): Maharashtra (V.R.) A.L.O., 1965].
(3) In section 18, after sub-section (2), add the following sub-section, namely:— “(3) Any order made by the Collector on an application under this section shall be subject to revision by the High Court, as if the Collector were a Court subordinate to the High Court, within the meaning of section 115 of the Code of Civil Procedure, 1908.” [ Vide Maharashtra Act 38 of 1964, sec. 3(b) (w.e.f. 7-12-1964)].
Orissa —Same as that of item (b) under Madhya Pradesh. [ Vide Orissa Act 19 of 1948, sec. 2 (w.e.f. 21-1949)]. Punjab, Haryana, Chandigarh, Himachal Pradesh. —(a) Same as that of item (2) Nagpur (City) under Maharashtra. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., para 7].
(b) Same as that of item (b) of Madhya Pradesh.
[ Vide Punjab Act 2 of 1954, sec. 3 (w.e.f. 9-1-1954), Act 31 of 1961, sec. 88;, G.S.R. 257, dated 21st February, 1962].
(c) Sub-sections (2A) and (2B) are the same as that of in Himachal Pradesh.
[ Vide Punjab Act 17 of 1962, sec. 4 (w.e.f. 21-7-1962)]. Tamil Nadu. —In its application to the territories added to Tamil Nadu under Act 56 of 1959, in section 18, in sub-section (2), for clause (b) substitute the following clause, namely:— “(b) in other cases within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2) or within six months from the date of the Collector's award, whichever period shall first expire.” [ Vide Tamil Nadu Act 14 of 1962, sec. 4 and Sch. II (w.e.f. 9-1-1963)]. Uttar Pradesh. —(1) Nagar Mahapalika.—Same as that of Jubbulpore (City) under Madhya Pradesh. [ Vide Uttar Pradesh Act II of 1959, sec. 376 and Sch. II, para. 6].
(2) In section 18, after sub-section (2), add the following sub-sections, namely:— “(3) Without prejudice to the provisions of sub-section (1) the Land Reforms Commissioner may, where he considers the amount of compensation allowed by the award under section 11 to be excessive, require the Collector that the matter be referred by him to the Court for determination of the amount of compensation. Explanation. —In any case of land under Chapter VII the requisition under this sub-section may be made by the Land Reforms Commissioner at the request of the Company on its undertaking to pay all the cost consequent upon such requisition.
(4) The requisition shall state the grounds on which objection to the award is taken and shall be made within six months from the date of the award.” [ Vide Uttar Pradesh Act 22 of 1954 and Sch., para 7 (w.e.f. 19-11-1954)]. West Bengal: Howrah (Improvement). —In section 18, in sub-section (1), for the purposes of clause first,— “(a) when acquisition is proposed to be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 51 of the Howrah Improvement Act, 1956, the market value of the land shall be deemed to be the market value according to the disposition of the land at the date of publication of the notice under sub-section (4) of the said Act, and in other cases, the market value shall be deemed to be the market value according to the disposition of the land at the date of publication of the notification relating thereto under section 4;
(b) if the market value has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded;
(c) if any person, without the permission of the Chairman required by sub-section (8) of section 63 of the Howrah Improvement Act, 1956, has erected, re-erected or added to any wall (exceeding ten feet in height) or building within the street alignment or building line of a projected public street or a projected public park, or having elected, re-erected or added to any wall or building as aforesaid with such permission fails to remove such wall or building or any specified portion thereof when so required by notice issued under sub-section (9) of the said section, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded;
(d) if any person erects, re-erects or adds to any wall (exceeding ten feet in height), or building within a projected sewage disposal site or having erected, re-erected or added to any wall or building as aforesaid fails to remove such wall or building or any specified portion thereof when so required by a notice issued by the Board, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded;
(e) if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the date with reference to which the market value is to be determined, such increase shall be disregarded unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act;
(f) if the market value is specially high in consequence of the land being put to use which is unlawful or contrary to public policy, that use shall be disregarded and the market value shall be deemed to be the market value of the land if put to ordinary uses; and
(g) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the imamates, such overcrowding shall be disregarded and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodation in it without risk or danger from overcrowding.” [ Vide West Bengal Act 14 of 1956, sec. 70 and Sch. I, para 7].
19 Collector's statement to the Court. —
(1) In making the reference, the Collector shall state, for the information of the Court, in writing under his hand,—
(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;
(b) the names of the persons whom he has reasons to think interested in such land;
(c) the amount awarded for damages and paid or tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under section 11; 55 [***]
56 [(cc) the amount paid or deposited under sub-section (3A) of section 17; and]
(d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.
(2) To the said statement, shall be attached a Schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the parties interested, respectively. State Amendments
Karnataka —(1) In section 19, in sub-section (2), after the words “parties interested, respectively”, add the words “and any other information available with the Deputy Commissioner relating to the maters referred to the Court”.
(2) For the word “Collector”, wherever it occurs, substitute the words “ Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, secs. 21 and 4 (w.e.f. 24-8-1961]. Maharashtra: Nagpur (City) .—In section 19, in sub-section (1), in clause (c), after the words “amount of compensation”, the words “and of costs (if any)“ shall be deemed to be inserted. [ Vide C.P. and Berar Act 36 of 1936, sec. 61 and Sch., para 8 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O. 1956)]. Punjab, Haryana, Chandigarh. —Same as that of Maharashtra: Nagpur (City). [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., para 8]. Uttar Pradesh. —Same as that of Maharashtra: Nagpur (City). [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, para 8].
20 Service of notice. —The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons, namely:—
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and
(c) in the objection is in regard to the area of the land or to the amount of compensation, the Collector.
State Amendments
Karnataka —In section 20,—
(1) for the words “determine the objection”, substitute the words “determine the reference”;
(2) for clauses (a), (b) and (c), substitute the following clauses, namely:— “(a) the Deputy Commissioner;
(b) all persons interested in the reference; and
(c) if the acquisition is not made for Government, the person or authority for whom it is made.”
[ Vide Mysore Act 17 of 1961, sec. 22 (w.e.f. 24-8-1961)].
(3) for the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Maharashtra: Nagpur (City) .—In section 20, in clause (c), after the words “amount of compensation” the words “or costs” shall be deemed always to be inserted. [ Vide C.P. and Berar Act 36 of 1936, sec. 61 and Sch., clause 9 (w.e.f. 1-1-1937)]; Maharashtra (V.R.) A.L.O. 1956]. Punjab, Haryana, Chandigarh. —Same as that of Nagpur (City) under Maharashtra. [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 9; Act 31 of 1966, sec. 88]. Tamil Nadu. —In section 20,—
(1) in clause (b) omit the word “and” occurring at the end;
(2) in clause (c), add the word “and” at the end;
(3) after clause (c), insert the following clause, namely:— “(d) if the acquisition is not made for the Government the person or authority for whom it is made.” [ Vide Tamil Nadu Act 14 of 1990, sec. 2 (w.e.f. 9-5-1990)]. Uttar Pradesh. —Same as that of Nagpur (City) under Maharashtra. [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, para 9].
21 Restriction on scope of proceedings. —The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.
22 Proceedings to be in open Court. —Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding.
23 Matters to be considered in determining compensation. —
(1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration— first, the market value of the land at the date of the publication of the 57 [notification under section 4, sub-section (1)]; secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof; thirdly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land; fourthly, the damage (if any), sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; fifthly, if, in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land.
58 [(1A) In addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on such market-value for the period commencing on and from the date of the publication of the notification under section 4, sub-section (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. Explanation. —In computing the period referred to in this sub-section, any period or periods during which the proceedings for the acquisition of the land were held up on account of any stay or injunction by the order of any Court shall be excluded.]
(2) In addition to the market-value of the land, as above provided, the Court shall in every case award a sum of 59 [thirty per centum] on such market-value, in consideration of the compulsory nature of the acquisition. State Amendments Andhra Pradesh. —(1) In its application to the acquisition of any land in the project area for a project purpose as defined by the Nagarjunasagar Project (Acquisition of Land) Act, 1956, in section 23, in sub-section (1), for clause first, substitute the following clause, namely.— “first, the market value of the land on the 1st July, 1953, and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section (1) of section 4 or the market value of the land on the date of publication of the said notification, whichever is less; Explanation .—The Government may, on the request of the land-owner, agree to give in exchange any Government land the cost of which is, in their opinion, equal to the cost of the land acquired, or agree to pay the cost of a portion of the land acquired and for the remaining portion give Government land the cost of which is in their opinion equal to the amount due.” [ Vide Andhra Pradesh Act 32 of 1956, sec. 3 (w.e.f. 8-11-1956)].
(2) In its application in any land in the project area for project purpose as defined in Visakhapatnam Steel Project (Acquisition of Lands) Act, 1972, in section 23, in sub-section (1) for clause first, substitute the following clause, namely:— “first, the market value of the land on the 1st April, 1966, and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section (1) of section 4 or the market value of the land on the date of publication of the said notification, whichever is less; Explanation. —The Government may, on the request of the land-owner, agree to give in exchange any Government land the cost of which is, in their opinion, equal to the amount payable for the land acquired, or agree to pay an amount for a portion of the land acquired and for the remaining portion give Government land the cost of which is in their opinion equal to the amount due.” [ Vide A.P. Act 20 of 1972, sec. 3 (2)(ii) (w.e.f. 13-11-1972)].
Bihar —In section 23, in sub-section (1),—
(1) in clause first, for the words, figures and brackets “publication of the notification under section 4, sub-section (1)” and in clause sixthly, for the words and figure “publication of the declaration under section 6”, the following words and figures shall be deemed to be substituted, namely:— “publication of the notification under sub-section (2) of section 3 of the Bihar Restriction of Uses of Land Act, 1948.”
(2) after sub-section (2), following sub-section shall the deemed to be added, namely;— “(3) For the purposes of clause first of sub-section (1) of this section,­—
(a) the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause;
(b) if it be shown that before such date the owner of the land that in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him;
(c) if any person, without the permission of the Collector required by section 5 of the Bihar Restriction of Uses of Land Act, 1948, has erected, re-erected, added to or altered any building, then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;
(d) if the market value has been increased by means of any improvement made by the owner or his predecessor in interest within two years before the aforesaid date, such increase shall be disregarded. unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under this Act;
(e) if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded and the market value shall be deemed to be the market value of the land if put to ordinary uses; and
(f) when the owner of the land or building has after the passing of the Bihar Restriction of uses of Land Act, 1948, and within two years preceding the date with reference to which the market value is to be determined, made a return under section 102 of the Bihar and Orissa Municipal Act, 1922, of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct, and the market value may be determined on the basis of such rent:
Provided that where any addition to, or improvement of the land or building has been made after the date of such est return and previous to the date with reference to which the market value is to be determined, the Court may take consideration any increase in the letting value of the land due to such addition or improvement.” [ Vide Bihar Act 23 of 1948, Sch., para 3 (w.e.f. 1-4-1948)]. Patna (City) .—In section 23, in sub-section (1),—
(i) for clauses first, the following clause shall be deemed to be substituted, namely:— “first, the market value of the land according to the use to which the land has been put during the preceding five years— (a) at the date of the issue of the notice under clause (b) of sub-section (3) of section 39 of the Bihar Town Planning and Improvement Trust Act, 1951, in case the land is proposed to be acquired in pursuance of that clause; and (b) at the date of the first publication of the notice under section 6 of that Act in any other case.” “sixthly, the damage if any, bona fide resulting from diminution of the profits of land between the date referred to in paragraph (a) or paragraph (b) as the case may be, of clause first, and the date on which the Collector takes possession of the land.”
(ii) for clause sixthly, the following clause shall be deemed to be substituted namely:—
(2) in sub-section (2) the following proviso shall be deemed to be added, namely:— “Provided that this sub-section shall not apply where the land acquired is situated in an area which is declared by the State Government to be a congested or slum area and the land is not in the actual possession of the owner.”
(3) after sub-section (2), the following sub-section shall be deemed to be added, namely:— “(3) For the purposes of clause first of sub-section (1) of this section,­—
(a) if the market value of the land has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded;
(b) if any person, otherwise than in accordance with the provisions of this Act, erects, re-erects, adds to, or alters any wall or building so as to make the same project into the street alignment or beyond the building line prescribed by any scheme made under this Act, then, any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;
(c) if the market value is specially high in consequence of the land being put to a use which is unlawful or to public policy, that use shall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary use;
(d) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding:
Provided that clauses (c) and (d) shall not apply in the case of a building which is in the actual occupation of the owner.” [ Vide Bihar Act 35 of 1951, sec. 71 and Sch., para 6 (w.e.f. 6-12-1951)].
(4) In section 23, in sub-section (1) in clause first, at the end add the following words, etc., namely:— “or the market value of the land at the date of the publication of the declaration under section 6, if there has been no notification under section 4, sub-section (1).” [ Vide Bihar Act 11 of 1961, sec. 10 (w.e.f. 1-6-1961)].
(5) In section 23 after sub-section (2), add the following sub-sections, namely—
(3) Notwithstanding anything contained in sub-sections (1) and (2)where the land is the subject-matter of a proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962), the amount in lieu of compensation shall be determined in accordance with the provisions of the said Act.
(4) where the land is subsequently released from the proceedings under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962) the compensation payable will be determined in accordance with sub-sections (1) and (2): Provided that from the amount so determined such sum shall be deducted as may have been paid under section 24 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962). [ Vide Bihar Act 2 of 1980, sec. 2 (w.e.f. 13-3-1980)].
Gujarat —In section 23,—
(i) in clause fourthly, add the following at the end, namely:— “and where the person interested is a tenant of the land, only the damage sustained by him by reason of the acquisition injuriously affecting his right as a tenant”;
(ii) at the end of clause fifthly, omit the word “and” and after clause sixthly, add the word “and” at the end and add the following, namely:— “seventhly, in the case of any land which according to the terms of the tenure on which it is held is not transferable or partible by metes and bounds without the sanction of the State Government or any competent officer, the market value of similar land held without such restriction.”
[ Vide Gujarat Act 20 of 1965, sec. 14 (w.e.f. 15-8-1965)].
Karnataka —(1) The Mysore Highways Act, 1964 (Mysore Act 44 of 1964) by sections 28(2) and 30, enjoins that while determining amount of compensation of default of agreement, the Highway Authority shall take into consideration the provisions of sections 23 and 24 of the Land Acquisition Act, 1894 (1 of 1894), as amended by the Schedule to the Act. Said section as amended is the same as in Maharashtra (1), except for the words “under section 15 of the Mysore Highways Act, 1964”, instead of “section 15 of the Bombay Highways Act, 1955”.
(2) Mysore Town and Country Planning Act, 1961 (Mysore Act 11 of 1961), substitutes section 23 when land is acquired for some planning scheme under the Act. That sections is the same as in Maharashtra (1). [ Vide Mysore Act 11 of 1963, sec. 72(a)].
(3) For the word “Collector”, substitute the words Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Madhya Pradesh: Bhopal Area .—In section 23,—
(i) in sub-section (1), to clause beginning with the word “first”, add the following, proviso, namely:—
“Provided that when the market value of any land situate in Bhopal area, in respect of which the date of publication of the notification aforesaid is after the commencement of the Land Acquisition (Madhya Pradesh Amendment) Act, 1957 (XXI of 1958)* is in excess of its market value as on the 1st day of October, 1955, the market value thereof shall be deemed to be its market value as on the 1st day of October, 1955.”;
(ii) after sub-section (2), insert the following sub-section, namely:—
“(3) Where in respect of any land situate in Bhopal area the market value thereof is determined in accordance with the Proviso to clause first, then in addition to such market value and the additional sum provided under sub-section (2), the Court shall award a further sum not exceeding twenty-five per centum of such market value as may be deemed it in consideration of the appreciation in the price of land concerned by reason of the location of the Capital at Bhopal, regard being had to the situation of such land.” [ Vide Madhya Pradesh Act 5 of 1959, sec. 3 (w.e.f. 1-4-1959)]. * This Act came into force on 3-8-1958. Maharashtra: (1) Maharashtra (Highways) .—The Bombay Highways Act, 1955 (Bombay Act 45 of 1955), by reason of the provisions contained in sections 28(2) and 30, substituted for section 23 of the Land Acquisition Act, 1894, a new section 23 as given in the Schedule to the said Bombay Act. The text of this section 23 is as follows:— “23. Matters to be considered in determining compensation. —In determining the amount of compensation to be awarded for the land or any interest therein acquired under this Act, the following matters shall be taken into consideration:—
(1) the market value at the date of the publication of the declaration under section 15 of the Bombay Highways Act, 1955;
(2) the use to which the land was put at the date of such declaration;
(3) the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him;
(4) the damage (if any) sustained by the person interested at the time of the possession being taken from him by reason of severing such land from his other land;
(5) damage (if any) sustained by the person interested at the time of the possession being taken from him of the land by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner of his earnings;
(6) if in consequence of the acquisition of the land the person interested is compelled to change his residence, or place of his business, the reasonable expenses, if any, incidental to such change.” Note. —This Bombay Act has been extended to the Union territory of Manipur by G.S.R. 59, dated 11th January, 1960, published in the Gazette of India, Pt. II, Sec. 3(i), p. 107, dated 16th January, 1960.
(2) Nagpur (City). —(1) In clause first and clause sixthly, for the words and figures “publication of the notification under section 4, sub-section (1)” and “publication of the declaration under section 6”, the following clauses shall be deemed to be respectively substituted:— “(a) if the land is being acquired under sub-section (3) of section 32 of the Nagpur Improvement Trust Act, 1936, the words “issue of the notice under sub-section (3) of section 32 of the Nagpur Improvement Trust Act, 1936”, and
(b) in any other case, the words “first publication of the notification under section 39 of the Nagpur Improvement Trust Act, 1936.”
(2) In section 23, in sub-section (2), the full stop at the end shall be deemed to be changed to a colon, and the following proviso shall be deemed to be added, namely:— “Provided that this sub-section shall not apply to any land acquired under the Nagpur Improvement Trust Act, 1936, except—
(a) buildings in the actual occupation of the owner or occupied free of rent by a relative of the owner, and land apparent thereto; and
(b) gardens not let to tenants but used by the owners as a place of resort.”
(3) At the end of section 23, the following sub-section shall be deemed to be added, namely:— “(3) For the purposes of clause first of sub-section (1) of this section,—
(a) the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause;
(b) if it be shown that before such date the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual expenditure may be paid to him;
(c) if any person, without the permission of the Trust required by clause (b) of sub-section (1) of section 32 or by sub-section (3) of section 33 or by sub-section (4) of section 35 of the Nagpur Improvement Trust Act, 1936, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the street alignment prescribed under the said section 32 of the street alignment or building line shown in any plan finally adopted by the Trust under the said section 33, or within the area specified in sub-section (4) of the said section 35, as the case may be, then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;
(d) if market value has been increased by means of any improvement made by the owner or his predecessor-in-­interest within two years before the aforesaid date, such increase shall be disregarded, unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under this Act;
(e) if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded and the market value shall be deemed to be the market value of the land if put to ordinary uses; (f) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding; and
(g) when the owner of the land or building has after passing of the Nagpur Improvement Trust Act, 1936, and within two years preceding, the date with reference to which the market value is to be determined, made a return under section 146 of the City of Nagpur Corporation Act, 1948, of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, and the market value shall be determined on the basis of such rent:
Provided that where any addition to, or improvement of, the land or building has been made after the date of such return and previous to the date with reference to which the market value is to be determined, the Court may take in to consideration any increase in the letting value of the land due to such addition or improvement.” [ Vide C.P. Act 36 of 1936, sec. 61 and Sch, clause 10 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O., 1956]. Manipur — See Note under Maharashtra (1).
Nagaland —Insert section 32B in the principal Act of 1966 substituting section 23 of Act 1 of 1894. “32B. Amendment of section 23 of the Land Acquisition Act, 1894, for purposes of Land Acquisition under this Act. When any land is compulsorily acquired for the purposes of the Master Plan or a scheme under this Act section 23 of the Land Acquisition Act, 1994 shall be substituted as hereinafter given, namely:—
23. Matters to be considered in determining compensation:
(1) In determining the amount of compensation to be acquired for the land or any interest therein acquired under this Act, the Arbitrating Authority shall take into consideration the following:—
(a) The market value of the land in question as laid down in section 33, sub-section (2) of the Nagaland Town and Country Planning Act, 1966,
(b) The use to which the land was put on the date of publication of the notification under section 32 of the Nagaland Town and Country Planning Act, 1966.
(c) The damages sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him.
(d) The damage, if any, sustained by the person interested at the time of the possession being taken from him by reason of severing such land from his other land.
(e) The damage, if any, sustained by the person interested at the time of the possession being taken from him of the land by reason of the acquisition injuriously affecting his other property movable or immovable in any other manner or his earnings.
(f) if, a consequence of the acquisition of land the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.
Explanation .—The market value shall be as indicated in section 33, sub-section (2) of the Nagaland Town and Country Planning Act, 1966.
(i) The market value, in the absence of any land Revenue Records to that effect shall be assessed by a Revenue Official of the rank of the Sub-Divisional Officer or the Additional Deputy Commissioner, who for the purposes of this Act shall be called the Assessing Authority for land acquisition.
(ii) The Assessing Authority shall assess the value of the land to be required and shall communicate his decision in writing to the owner.
(iii) If the owner is not satisfied with the assessment, he may file an appeal within thirty days after receiving the communication to the Deputy Commissioner who for the purpose of this Act shall be called the Arbitrating Authority. The decision of the Arbitrating Authority in this regard shall be final and binding on both parties.
(iv) Every Assessing Authority for Land Acquisition shall maintain a Register showing all land assessments done to date. Such a Register shall furnish information of each plot of land regarding location, boundaries, dimensions, area, accessibility, use at the time of assessment and any other relevant factor.
(v) The Assessing Authority for Land Acquisition will use the information available in the Register in the same manner as the information in land records is used to determine the market value”.
[ Vide Nagaland Act 2 of 1975 sec. 7 (26-6-1975)]. Punjab, Haryana, Chandigarh. —(1) In section 23, in sub-section (i), in clause first and clause sixthly, for the words “publication of the declaration relating thereto under section 6” and the words “publication of the declaration under section 6” shall be deemed to be substituted—
(a) if the land is being acquired under sub-section (3) of section 32 of the Act by the words “Issue of the notice under sub-section (3) of section 32 of the Punjab Town Improvement Act, 1922,” and
(b) in any other case, the words “first publication of the notification under section 36 of the Punjab Town Improvement Act, 1922.”
(2) In section 23, in sub-section (2), the full stop at the end shall be deemed to be changed to a colon and the following proviso shall be deemed to be added:— “Provided that this sub-section shall not apply to any land acquired under the Punjab Town Improvement Act.”
(3) At the end of section 23, the following shall be deemed to be added, namely:— “(3) For the purposes of clause first of sub-section (1) of this section,—
(a) the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause;
(b) if it be shown that before such date the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him;
(c) if any person, without the permission of the Trust required by sub-section (1) of section 31 of the Punjab Town Improvement Act, 1922, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the street alignment or building line duly prescribed by the Trust then anyproject beyond the street alignment or building line duly prescribed by the Trust then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;
(d) if market value has been increased by means of any improvement made by the owner or his predecessor-in-­interest within two years before the aforesaid date, such increase shall be disregarded unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under the Punjab Town Improvement Act, 1922;
(e) if the market value is specially high consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses; and
(f) when the owner of the land or building has after passing of the Punjab town Improvement Act, 1922 and within two years preceding the date with reference to which the market value is to be determined, made a return under any enactment in force of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct, and the market value shall be determined on the basis of such rent:
Provided that where any addition to, or improvement of, the land or building has been made after the date of such latest return and previous to the date with reference to which the market value is to be determined, the Court may take consideration any increase in the letting value of the land due to such addition or improvement.” [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 10]. Tamil Nadu. —(i) In section 23, in sub-section (1),—
(i) for clause first, substitute the following, namely:—
“first the market value of the land at the date of publication of the notification under section 4, sub-section (l), or an amount equal to the average market value of the land during the five years immediately preceding such date, whichever is less,”;
(ii) in clause fifthly, omit the word “and “at the end and in clause sixthly add the word “and” at the end;
(iii) after clause sixthly, add the following clause, namely:—
“seventhly, the use to which the land was put at the date of the publication of the notification under section 4, sub-section (1).”;
(iv) † it sub-section (2), for the words “fifteen per centum”, substitute the words “five per centum”.
[ Vide Tamil Nadu Act 23 of 1961, sec. 3].
(v) Madras (City) .—(1) In section 23, sub-section (1) for clauses first and sixthly, the following clauses shall respectively be deemed to be substituted, namely:—
“first, the market value of the land—
(a) at the date of the issue of the notice under clause (b) of sub-section (3) of section 40 of the Madras City Improvement Act, 1950, in case the land is proposed to be acquired in pursuance of that clause; and
(b) at the date of the first publication of the notice under section 47 of that Act, in any other case.”
“sixthly, the damage (if any), bona fide resulting from diminution of the profits of the land between the date referred to in paragraph (a) or paragraph (b), as the case may be, of clause first, and the date on which the Collector takes possession of the land.”
(2) In section 23, for sub-section (2), the following sub-section shall be deemed to have been substituted, namely:— “(2) For the purposes of clause first of sub-section (1) of this section,—
(a) if the market value of the land has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded;
(b) if any person, otherwise than in accordance with the provisions of this Act, erects, re-erects, adds to, or alters any wall or building so as to make the same project into the street alignment or beyond the building line prescribed by any scheme made under this Act, then, any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded.”
[ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para 6 (w.e.f. 27-2-1951); Tamil Nadu A.L.O., 1969]. Uttar Pradesh. —(1) (a) In section 23, in sub-section (1), in clause first, add the following Explanation at the end, namely:— “ Explanation .—In judging the market value aforesaid in any case where land is acquired for or in connection with sanitary improvements of any kind or planned development due regard shall be had to the insanitary and unhygienic conditions of the land on the date aforesaid.”
(b) sub-section (2) shall be omitted.
Note. —The direction in item (b) above to omit sub-section (2) does not apply in respect of a notification under section 4 issued prior to the commencement of the Land Acquisition (U.P. Amendment) Act, 1954. [ Vide Uttar Pradesh Act 22 of 1954, secs. 3 and 8 (w.e.f. 19-11-1954)].
(2) In its application to the acquisition of land by the State Government in the controlled area on the roadside, in section 23,—
(a) in sub-section (1), in clause first and clause sixthly, for the words “publication of the notification under section 4, sub-section (1)” and the words “publication of the declaration under section 6”, the following words shall be deemed to be substituted, namely—:
“pulication of the notification under sub-section (2) of section 3 of the United Provinces Roadside Land Control Act, 1945.”;
(b) in section 23, after sub-section (2), the following sub-section shall be deemed to be added, namely:—
“(3) For the purposes of clause first of sub-section (1) of this section,—
(a) the market value of the land shall be the market value according to the use to which the land was put at the date with reference to which the market value is to be determined under that clause;
(b) if it be shown that before such date the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him;
(c) if any person, without the permission of the Collector required by section 5 of the United Provinces Roadside Land Control Act, 1945, has erected, re-erected, added to or altered any building, then any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;
(d) if market value has been increased by means of any improvement made by the owner or his predecessor-in-­interest within two years before the aforesaid date, such increase shall be disregarded unless it be proved that the improvement so made was made in good faith and not in contemplation of proceedings for the acquisition of the land being taken under this Act;
(e) if the market value is specially, high consequence of the land being put to ashall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses; and
(f) when the owner of the land or building has after passing of the United Provinces Roadside Land Control Act, 1945, and within two years preceding, the date with reference to which the market value is to be determined, made a return under section 158 of the United Provinces Municipalities Act, 1916, of the rent of the land or building, the rent of the land or building shall not in any case be deemed to be greater than the rent shown in the latest return so made, save as the Court may otherwise direct and the market value may be determined on the basis of such rent:
Provided that, where any addition to, or improvement of, the land or building has been made after the date of such latest return and previous to the date with reference to which the market value is to be determined, the Court may take into consideration any increase in the letting value of the land due to such addition or improvement.” [ Vide Uttar Pradesh Act of 10 of 1945, sec. 9 and Sch., para 3 (w.e.f. 15-4-1946)].
(3) In its application to the acquisition of land by the Nagar Mahapalika, in section 23, in sub-section (1),—
(a) in clause first and clause sixthly, after the words “publication of the notification under section 4, sub-section (1)”, and the words “publication of the declaration under section ” shall be deemed to be added—
(i) if the land is being acquired under sub-section (3) of section 348 of this Act, the words “or in the case of acquisition under sub-section (3) of section 348 of the U.P. Nagar Mahapalika Adhiniyam, 1959, of the issue of the notice under sub-section (3) of section 348 of the Act,” and
(ii) in any other case, the words “or in the case of acquisition of land under any improvement scheme other than a deferred street scheme under Chapter XIV of the U.P. Nagar Mahapalika Adhiniyam, 1959, of the first publication of the notification under section 357 of that Act.”;
(b) in sub-section (2) the full stop at the end shall be deemed to be changed to a colon, and the following proviso shall be deemed to be added:—
“Provided that this sub-section shall not apply to any land acquired under Chapter XIV of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, except—
(a) land acquired under sub-section (4) of section 348 of that Adhiniyam, and
(b) buildings in the actual occupation of the owner or occupied free of rent by a relative of the owner, and land appurtenant thereto, and
(c) gardens not let to tenants but used by the owners as a place of resort.”;
(c) sub-section (3) directed to be added at the end of section 23 is the same as sub-section (3) added by U.P. Act 10 of 1945 and given above, subject to the following notifications, namely:—
(i) for clause (c), substitute the following clause, namely:— “(c) if any person without the permission of the Mukhya Nagar Adhikari required by clause (b) of sub-section (1) of section 348 or by sub-section (4) of section 350 of the Nagar Mahapalika Adhiniyam, 1959, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond the strect alignment prescribed under the said section 348 or within the area specified in sub-section (4) of the said section 350, as the case may be, then any increase in the market value resulting from such erection, re-erection addition or alteration shall be disregarded;”
(ii) after clause (e), insert the following as clause (f), namely:—
“(f) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the marked value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding;”;
(iii) re-letter clause (f) as clause “(g)” and in the clause so relettered, for the words and figures “the United Provinces Roadside Land Control Act, 1945”; substitute the words and figures “the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959”.
[ Vide Uttar Pradesh Act 2 of 1959, sec. 176 and Sch. II, para 10 as amended by Uttar Pradesh Act 14 of 1959, sec. 10 (w.e.f. 24-9-1959)].
(4) in section 23, in its application to the Development Board established under Uttar Pradesh Act 1 of 1966,—
(i) in sub-section (1), in clause first, for the existing Explanation the following Explanation shall be deemed to be substituted:— “ Explanation .—In judging the market value aforesaid in any case where a land is acquired under a housing or Improvement scheme under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, if any building has been erected, re-erected, added or altered in contravention of the provisions of clause (a) of sub-section (3) of section 23, sub-section (3) of section 24 or section 35 of the said Adhiniyam, any increase in the market value resulting from such erection, re-erection, addition or alteration shall be disregarded;”;
(ii) after the existing sub-section (1), add the following sub-section, namely:—
“(2) In addition to the market value of the land as above provided, the Court shall in every case awarded a sum of ten per centum of such market value in consideration of the compulsory nature of the acquisition.” [ Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Schedule].
(5) In section 23,—
(a) in sub-section (1), in clause first, omit the Explanation;
(b) after sub-section (1), insert the following sub-section, namely:—
“(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 consideration of the compulsory nature of the acquisition.” [ Vide Uttar Pradesh Act 28 of 1972, sec. 3 (w.e.f. 3-7-1972)]. Union Territory: Pondicherry .—For section 23, substitute the following section, namely:— “23. Matters to be considered in determining compensation .—(1) In determining the amount of compensation to be awarded for land or any interest therein acquired under this Act, the Court shall take into consideration— first, the market value of the land at the date of the declaration of the area as a planning area under section 8 of the Pondicherry Town and Country Planning Act, 1969; secondly, the damage sustained by the person interested by reason of the taking of any standing crops or trees which may be on the land at the time when the possession was taken from him; thirdly, the damage, if any, sustained by the person interested at the time of the possession being taken from him, by reason of severing such land from his other land; fourthly, the damage, if any, sustained by the person interested at the time of thepossession being taken from him of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; and fifthly, if, in consequence of the acquisition of the land by the person interested is compelled to change his residence or place of business the reasonable expenses, if any incidental to such change.
(2) In addition to the market value of the land as above provided in sub-section (1), the Court shall in every case award a sum of fifteen per centum on such market-value in consideration of the compulsory nature of the acquisition.” [ Vide Pondicherry Act 15 of 1971, sec. 6 (w.e.f. 2-8-1971)]. West Bengal. —In section 23, in sub-section (1),— “seventhly, the loss of earning, if any, caused to the person interested, in consequence of the acquisition of the land, where earning was derived directly from such land.” [ Vide West Bengal Act 30 of 1963, sec. 4 as amended by Land Aquisition (West Bengal Amendment, Act, 1981, sec. 4)].
(1) (i) in clause fifthly, the word “and” at the end shall be omitted and deemed always to have been omitted;
(ii) in clause sixthly, for the words “possession of the land”, words “possession of the land, and” shall be deemed always to have been substituted;
(iii) after clause sixthly, following clause shall be deemed always to have been inserted, namely:—
(2) after sub-section (3), the following sub-section shall be deemed always to have been added always:— “(4) Compensation payable to a bargadar for loss of earning under clause seventhly of sub-section (1) shall not exceed six times the net average annual income which the bargadar derived or might have derived from the land during three years immediately preceding the date of acquisition. Explanation. —The net annual income of a bargadar in any year shall be taken to be fifty per cent. of the total produced of the land cultivated by him in that year where plough, cattle, manure and seeds necessary for cultivation are supplied by the person owning the land security five per cent. of the total produce of the land in all other cases.” [ Vide West Bengal Act 7 of 1997, sec. 5 (w.e.f. 2-5-1997)]. In section 23, omit sub-section (2). [ Vide West Bengal Act 9 of 1975, sec. 3 (w.e.f. 3-4-1975) Further W.B. Act 9 of 1975 was repealed by W.B. Act XXX of 1978]. In sub-section (1A), substitute the following proviso, namely:— ‘Provided that—
(a) in respect of the acquisition of the land referred to in sub-section (3A) of section 9, in addition to the market-value of the land, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on the value of the land for the period commencing on and from the date of taking possession of the land to the date immediately before the date of issue of the notice under sub-section (3A) of section 9 plus interest at the rate of twelve per centum per annum on the market-value of the land from the date of issue of the notice under sub-section (3A) of section 9 to the date of award of the Collector, and
(b) in respect of the acquisition of the land referred to in sub-section (3B) of section 9, in addition to the market-value of the land, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on the value of the land for the period commencing on and from the date of taking possession of the land to the date immediately before the date of publication of the notice under sub-section (1a) of section 4 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to in this proviso as the said Act), as re-enacted by the West Bengal Land (Requisition and Acquisition) Re-enacting Act, 1977, plus interest at the rate of twelve per centum per annum on the market-value of the land for the period commencing on and from the date of publication of the notice under sub-section (1a) of section 4 of the said Act to the date of award of the Collector.
Explanation. —For the purposes of this proviso, the expression “value of the land” shall mean the market-value of the land determined with reference to the date of taking possession of the land.'. [ Vide West Bengal Act 19 of 1999, sec. 3]. Calcutta (Improvement). —(1) In section 23, sub-section (2) shall be deemed to be omitted.
(2) At the end of section 23, the following sub-section shall be deemed to be added, namely:— “(3) for the purposes of clause first sub-section (1) of this section,—
(a) when acquisition is proposed to be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 49 of the Calcutta Improvement Act, 1911, the market value of the land shall be deemed to be the market value according to the disposition of the land at the date of publication of the notice under sub-section (2) of section 43 of the said Act; and in other cases, the market value shall be deemed to be the market value according to the disposition of the land at the date of publication of the notification relating thereto under section 4;
(b) [***]
(bb) if the market value has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded;
(bbb) if any person, without the permission of the Chairman required by section 63, sub-section (8) of the Calcutta Improvement Act, 1911, has erected, re-erected or added to any wall (exceeding ten feet in height) or building within the street alignment; or building line of a projected public street, or having erectted, re-erected or added to any wall or building as aforesaid with such permission fails to remove such wall or building or any specified portion thereof when so required by notice issued under sub-section (9) of the said section, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded;
(c) if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the date with reference to which the market value is to be determined, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act;
(d) if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, the use shall be disregarded, and the market, value shall be deemed to be the market value of the land if put to ordinary uses; and
(e) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk or danger from overcrowding.”
[ Vide Bengal Act 5 of 1911, sec. 71 and Sch. (w.e.f. 2-1-1912) and West Bengal Act 32 of 1955, Sec. 74 (w.e.f. 20-10-1955)]. Calcutta (Corporation) .—Section 524 of the Calcutta Municipal Act, 1951 (West Bengal, Act 33 of 1951), provides as follows:—
(524) Application of Land Acquisition Act, 1894, with amendment. — Any land or building which the. Corporation is authorised by this Act to acquire may be acquired under the provisions of Land Acquisition Act, 1894, and for that purpose the said Act shall be subject to the amendment that the market value of any land or building to be acquired shall be deemed, for the purposes of clause first of sub-section (1) of Section 23 of the said Land Acquisition Act, 1894, to be the market value according to the disposition of such land or building at the date of publication of the declaration relating thereto under section 6 of the said Land Acquisition Act, 1894. Provided as follows:—
(i) if, within a period of two years from the date of the publication of such declaration in respect of any land or building, the Collector has not made an award under section 11 of the said Land Acquisition Act, 1894, with respect to such land or building, the owner of the land or building shall be entitled to receive compensation for the damage suffered by him in consequence of the delay;
(ii) if the market value is specially high in consequence of the property being put to a use which is unlawful or contrary to public policy that use shall be disregarded and the market value shall be deemed to be the market value of the land or building if put to ordinary uses;
(iii) if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within one year before the aforesaid declaration was published, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land or building being taken under the said Land Acquisition Act, 1894.”
[West Bengal Act 33 of 1951, sec. 524 as amended by West Bengal Act 19 of 1953].
(5) Howrah (Improvement) .—(i) In section 23, sub-section (2) shall be deemed to be omitted.
(ii) In section 23, at the end the following sub-section shall be deemed to have been added, namely:—
“(3) For the purposes of clause first of sub-section (1) of this section,—
(a) when acquisition is proposed to be made by the Board of land comprised within any improvement scheme framed by the Board and published under section 51 of the Howrah Improvement Act, 1956, the market value of the land shall be deemed to be the market value according to the disposition of the land at the date of publication of the notice under sub-section (2) of section 45 of the said Act; and in other cases, the market value shall be deemed to be the market value according to the disposition of the land as the date of publication of the notification relating thereto under section 4;
(b) if the market value has been increased or decreased owing to the land falling within or near to the alignment of a projected public street, so much of the increase or decrease as may be due to such cause shall be disregarded;
(c) if any person, without the permission of the Chairman required by sub-section (8) of section 63 of the Howrah Improvement Act, 1956, has erected, re-erected or added to any all (exceeding ten feet in height), or building within the street alignment or building line of a projected public park, or having erected, re-erected or added to any wall or building as aforesaid with such permission fails to remove such wall or building or any specified portion thereof when so required by notice issued under sub-section (9) of the said section, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded;
(d) if any person erects, re-erects or adds to any wall (exceeding ten feet in height), or building within a projected sewage disposal site or having erected, re-erected or added to any wall or building as aforesaid fails to remove such wall or building or any specified portion thereof when so required by a notice issued by the Board, then any increase in the market value resulting from such erection, re-erection or addition shall be disregarded;
(e) if the market value has been increased by means of any improvement made by the owner or his predecessor-in-interest within two years before the date with reference to which the market value is to be determined, such increase shall be disregarded, unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act;
(f) if the market value is specially high in consequence of the land being put to a use which is unlawful or contrary to public policy, that use shall be disregarded, and the market value shall be deemed to be the market value of the land if put to ordinary uses; and
(g) if the market value of any building is specially high in consequence of the building being so overcrowded as to be dangerous to the health of the inmates, such overcrowding shall be disregarded, and the market value shall be deemed to be the market value of the building if occupied by such number of persons only as could be accommodated in it without risk of danger from overcrowding.”.
[ Vide Howrah Improvement Act, 1956 (West Bengal Act 14 of 1956), sec. 70 and Sch. I, para 7(2) (w.e.f. 26-1-1957)].
24 Matters to be neglected in determining compensation. —But the Court shall not take into consideration— first, the degree of urgency which has led to the acquisition; secondly, any disinclination of the person interested to part with the land acquired; thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit; fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in consequence of the use to which it will be put; fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired; sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put; 60 [***] seventhly, any outlay or improvements on, or disposal of, the land acquired, commenced, made or effected without the sanction of the Collector after the date of the publication of the 61 [notification under section 4, sub-section
(1) ]; 3 [or] 62 [ eighthly, any increase to the value of the land on account of its being part to any use which is forbidden by land or opposed to public policy.] State Amendments
Bihar —(1) In section 24, for clause seventhly, the following shall be deemed to be substituted, namely:— “seventhly, any outlay on additions or improvements to land acquired, which was incurred after the date with reference to which the market value is to be determined, unless such additions or improvements were necessary for the maintenance of any building in a proper state of repair.” [ Vide Bihar Act 23 of 1948, Sch., para. 4 (w.e.f. 1-4-1948); Bihar Act 57 of 1982, sec. 49 and Sch. (w.e.f. 8-10-1983)].
(2) Patna (City). —Same as above. [ Vide Bihar Act 35 of 1951, sec. 71 and Sch., para. 7 (w.e.f. 6-12-1951)].
Gujarat —(1) In section 24, in clause sixthly, at the end, omit the word “or”; and
(2) after clause seventhly, insert the following, namely:— “or eighthly, any increase to the value of the acquired land accrued by reason of any environmental improvement commenced, made or effected on such land by Government or a local authority or a corporation owned or controlled by Government. Explanation. —In this clause “environmental improvement” means any work or provision for giving facilities of water supply, sewer, drainage, community baths and latrines, street lights and such other facilities to the dwellers in slums on such land.” [ Vide Gujarat Act 11 of 1981, sec. 2 (w.e.f. 19-3-1981)].
Karnataka —(1) In section 24,—
(i) in clause seventhly, for the words, figures and brackets “publication of the notification under section 4, sub-section (1)”, substitute the words, figures and publication of notification under sub-section (1) of section 4, unless in the case of improvements, such improvements were necessary for the maintenance of any building in a proper state of repair, or”; and
(ii) after clause seventhly, insert the following clause, namely:— “eighthly, where a market value of the land acquired is increased by reason of the use thereof in a manner which may be restricted by any Court or is contrary to law or is detrimental to the health of the inmates of the premises, or public health, the amount of that increase.” [ Vide Mysore Act 17 of 1961, sec. 23 (w.e.f. 24-8-1961)].
(2) Mysore Town and Country Planning Act, 1963 (Mysore Act 11 of 1963) by section 72(b), substitutes section 24 while acquiring land for the purposes of development and planning schemes under the Act. The text of the Act is the same as in Maharashtra (1) with the modification that for the words “section 15” in sub-sections (4) and (7) “section 6” are there and the references to Bombay Act are not there.
(3) Mysore Highways Act, 1964 (Mysore Act 44 of 1964), similarly substitutes Section 24 when the land, etc., is to be acquired by the Highway Authority. The text of the section is the same as in Maharashtra (1) except that in sub-sections (4) and (7), for ‘ Bombay' “ Mysore ” is to be read. [ Vide Mysore Act 44 of 1964, secs. 28(2) and 30 and Sch.].
(4) For the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner” [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Maharashtra —(1) Maharashtra (Highways). —The Bombay Highways Act, 1955, by reason of the provisions contained in sections 28(2) and 30, substitutes for section 24 of the Land Acquisition Act, 1894, for purposes of acquisition under that Act, a new section 24 which is as follows:— “24. Matters to be neglected in determining compensation. —But the following matters shall not be taken into consideration:—
(1) the degree of urgency which had led to the acquisition;
(2) any disinclination of the person interested to part with the land acquired;
(3) any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;
(4) any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 15 of the Bombay Highways Act, 1955, by or in consequence of the use to which it will be put;
(5) any increase to the value of land acquired likely to accrue from the use of which it will be put when acquired;
(6) any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;
(7) any outlay or improvement on, or disposal of the land acquired, commenced, made or effected without the sanction of the Collector or after the date of the publication of the notification under section 15 of the Bombay Highways Act, 1955;
(8) the special suitability or adaptability of the land for any purpose, if that purpose is a purpose to which it could be applied in pursuance of any law, or for which there is no market apart from the special needs of the Highway Authority;
(9) any increase in the value of the land by reason of the use thereof or any premises thereon a manner which could be restrained by any Court, or is contrary to law or is detrimental to the health of the inmates of the premises or to the pubic health.”
(2) Nagpur (City). —Same as that of Bihar (1). [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., para. 11 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O., 1956].
Manipur —The Bombay Highways Act, 1955 (Bombay Act 55 of 1955), has been extended to the Union territory of Manipur by G.S.R. 59, dated 11th January, 1960, section 24 is the same in that territory as in Maharashtra (1) except for words “as extended to the Union territory of Manipur” added after Act, 1955 in clauses (4) and (7). [ Vide Gazette of India, Pt. II, Sec. 3(i), p. 87, dated 16th January, 1960].
Nagaland —Insert section 32B in the principal Act of 1966, substituting section 24 of the Ac 1 of 1894. Section 24 is the same as that of as Pondicherry except omission of certain words at the beginning and slight variations in clause (7). [ Vide Nagaland Act 2 of 1975, sec. 7 (w.e.f. 26-6-1975)]. Punjab: Haryana: Chandigarh. —Same as that of Bihar (1). [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., para. 11; Act 31 of 1966, sec. 88]. Tamil Nadu. —In section 24,—
(1) (i) in clause sixthly, omit the word “or” occurring at the end; and in clause seventhly, add the word “or” at the end;
(ii) after clause seventhly, add the following clause, namely:— “eightly, any increase to the value of land acquired by reason of its suitability or adaptability for any use other than use to which the land was put at the date of the publication under section 4, sub-section (1).” [ Vide Tamil Nadu Act 23 of 1961, sec. 3(2); Tamil Nadu, A.L.O., 1969].
(2) Madras (City). —Same as that of Bihar (1). [ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para.11 (w.e.f. 27-2-1951); Tamil Nadu, A.L.O., 1969]. Union Territory of Pondicherry. —For section 24, substitute the following section, namely:— “24. Matters to be neglected in determining compensation. —The Court shall not take into consideration— first, the degree or urgency which led to the acquisition; secondly, any disinclination of the person interested to part with the land acquired; thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit; fourthly, any damage which is likely to be caused to the land acquired, after the date of publication of the notice under Section 33 of the Pondicherry Town and Country Planning Act, 1969 by or in consequence of the use to which it will be put; fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired; sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put; seventhly, any outlay or improvements on, or disposal of the land acquired, commenced, made or effected with the sanction of the local authority after the date of the declaration of the area as a planning are under section 8 of the Pondicherry Town and Country Planning Act, 1969; eighthly, the special suitability or adaptability of the land for any purpose, if that purpose is a purpose to which it could be applied in pursuance of any law or for which there is no market apart from the special needs of the local authority; ninthly, any increase in the value of the land by reason of the use thereof or any premises thereon in a manner which could be restrained by any Court, or is contrary to law or is detrimental to the health of the inmates of the premises or to the public health.” [ Vide Pondicherry Act 15 of 1971, sec. 6 (w.e.f. 2-8-1971)]. Uttar Pradesh. —Controlled area on roadside and Nagar Mahapalika—Same as that of Bihar (1). [ Vide Uttar Pradesh Acts 10 of 1945, sec. 9 and Sch., para. 4 (w.e.f. 15-4-1946) and 2 of 1959, sec. 376 and Sch. II, para. 11]. West Bengal. —(1) Calcutta (Improvement). —Same as that of Bihar (1). [ Vide Bengal Act 5 of 1911, sec. 71 and Sch., para. 10 (w.e.f. 2-1-1912) and West Bengal Act 32 of 1955, sec. 74 (w.e.f. 20-10-1955)].
(2) Howrah (Improvement). —Same as that of Bihar (1). [ Vide West Bengal Act 14 of 1956, sec. 70 and Sch. I, para. 8]. Section 24A
Bihar —(i) After section 24, following section shall be deemed to be inserted, namely:— “24A. Further provisions for determining compensation. —In determining the amount of compensation to be awarded for any lands acquired under this Act, the Court shall also have regard to the following provisions, namely:—
(1) When any interest in any land acquired under this Act has been acquired after the date with reference to which the market value is to be determined, no separate estimate of the value of such interest shall be made so as to increase the amount of compensation to be paid for such land;
(2) If, in the opinion of the Court, any building is in a defective state from a sanitary point of view, or is in a reasonably good state of repair, the amount of compensation for such building shall not exceed the sum which the Court considers the building would, be worth if it were put into a sanitary condition or into a reasonably good stage of repair as the case may be, minus the estimated cost of putting it into such condition or state;
(3) If, in the opinion of the Court, any building which is used or is intended or is likely to be used for human habitation, is not reasonably capable of being made fit for human habitation, the amount of compensation for such building shall not exceed the value of the materials of the building, minus the cost of demolishing the building.” [ Vide Bihar Act 23 of 1948, Sch., para. 5 (w.e.f. 1-4-1948); Bihar Act 57 of 1982, sec. 49, Sch. (w.e.f. 8-10-1983)].
(2) Patna (City). —Same as that of Bihar (i). [ Vide Bihar Act 35 of 1951, sec. 71 and Sch., para 6].
Maharashtra — Nagpur (City). —After section 24, the following section shall be deemed to be inserted, namely:— “24A. Further provision for determining compensation. —In determining the amount of compensation to be awarded for any land acquired for the Trust under this Act, the Tribunal shall also have regard to the following provisions, namely:—
(1) , (2) and (3)” Sub-sections (1), (2) and (3) are the same as sub-sections (1), (2) and (3) of section 24A of West Bengal: Calcutta (Improvement). [ Vide C.P. Act 36 of 1936, sec. 61 and Sch., clause 12 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O., 1956]. Punjab : Haryana: Chandigarh. —After section 24, the following section shall be deemed to be inserted, namely:— “24A. Further provision for determining compensation. —In determining the amount of compensation to be awarded for any land acquired for the Trust under this Act the tribunal shall also have regard to the following provision, namely:—
(a) , (b), (c)”
(a) , (b), (c) are the same as that of as sub-sections (1), (2) and (3) of section 24A under West Bengal: Calcutta (Improvement). [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 12; Act 31 of 1966, sec. 68]. Tamil Nadu. — Madras (City). —After section 24, the following section shall be deemed to be inserted, namely:— “24A. Further provision for determining compensation. —In determining the amount to be awarded for any land acquired for the Board under this Act, regard shall also be had to the following provisions, namely:— (1), (2), (3)” (1), (2), (3) are the same as that of sub-section (1), (2), (3) of section 24A given under Bihar (i). [ Vide Tamil Nadu Act 37 of 1950, sec. 73 and Sch., para. 8 (w.e.f. 27-2-1951); Tamil Nadu, A.L.O., 1969]. Uttar Pradesh. —(1) In its application to the acquisition of land by the State Government for the controlled area on roadside, section 24A is the same as that given under Bihar. [ Vide Uttar Pradesh Act 10 of 1945, sec. 9 and Sch., para. 5 (w.e.f. 15-4-1946)].
(2) In its application for the acquisition of land by the Nagar Mahapalika, after section 24 the following section shall be deemed to be inserted, namely:— “24A. Further provision for determining compensation. —In determining the amount of compensation to be awarded for any land acquired under this Act for a Mahapalika established under the U.P. Nagar Mahapalika Adhiniyam, 1959, the Court shall also have regard to the following provisions, namely:—
(1) , (2) and (3)”
(1) , (2) and (3) are the same as that of sub-section (1), (2), (3) of section 24A under Bihar (i). [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. I, para. 12]. West Bengal. — Calcutta (Improvement).— Howrah (Improvement). —After section 24, the following section shall be deemed to be inserted, namely:— “24A. Further provisions for determining compensation. —In determining the amount of compensation to be awarded for any land acquired for the Board under this Act the Tribunal shall also have regard to the following provisions, namely:—
(1) When any interest in any land acquired under this Act has been acquired after the date with reference to which the market value is to be determined, no separate estimate of the value of such interest shall be made so as to increase the amount of compensation to be paid for such land;
(2) If, in the opinion of the Tribunal, any building is in a defective state, from a sanitary point of view or is not in a reasonably good state of repair, the amount of compensation shall not exceed the sum which the Tribunal considers the building will be worth if it were put into a sanitary condition or into a reasonably good state of repair as the case may be, minus the estimated cost of putting it into such condition of state;
(3) If, in the opinion of the Tribunal, any building, which is used or is intended or is likely to be used for human habitation, is not reasonably capable of being made fit for human habitation, the amount of compensation shall not exceed the value of the materials of the building, minus the cost of demolishing the building;
(4) If any tank in any area comprised within a scheme framed by the Board and published under 49 of the Calcutta Improvement Act, 1911, is on account of accumulation of fifth, rubbish or putrid matter or of the percolation of foul water from the kitchen, courtyard, privy or urinal, or for any other cause, in an unhygienic condition or un contains water which is discolored or malodorous or nfit for use for domestic purposes, or is a source of nuisance or disease, then notwithstanding anything contained in any law for the time being in force, the Tribunal shall, in determining the amount of compensation, make such deduction from the market value of the tank according to its present disposition as will, in their opinion, be a reasonable set off against the cost to society in unhealthiness, disease and discomfort caused by the tank being kept in such an unhygienic or insanitary condition.” [ Vide Bengal Act 5 of 1911, sec. 71 and Sch., para. 11 (w.e.f. 2-1-1912) and West Bengal Act 32 of 1955, sec. 74 (w.e.f. 20-10-1955) and para 11. (w.e.f. 2-1-1912) and West Bengal Act 32 of 1955, sec. 74 (w.e.f. 20-10-1955) and West Bengal Act 14 of 1956, sec. 70 and Sch. I, para. 9].
63 [ 25 Amount of compensation awarded by Court not to be lower than the amount awarded by the Collector:- The amount of compensation awarded by the Court shall not be less than the amount awarded by the Collector under section 11.] State Amendments Himachal Pradesh †. —In section 25,—
(i) in sub-section (1), omit the words “or be less than the amount awarded by the Collector under section 11”;
(ii) in sub-section (3), after the word “Collector”, add the words “unless the State Government has required the Collector that a reference be made under section 18 and the Court is opinion that the amount awarded by the Collector is excessive and should be reduced”.
[ Vide Himachal Pradesh Act 9 of 1964, sec. 5 (w.e.f. 24-12-1964)]. Karnataka †. —
(i) For the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner”.
(ii) In section 25, for the words “the applicant”, wherever they occur, substitute the words “a person interested”. [ Vide Mysore Act 17 of 1961, secs. 4, 24 (w.e.f. 24-8-1961)]. Punjab: Haryana: Chandigarh †. —Same as that of Himachal Pradesh (i). [ Vide Uttar Pradesh Act 17 of 1962, sec. 5 (w.e.f. 21-7-1962); Act 31 of 1966, sec. 88]. Uttar Pradesh †. —Same as that of Himachal Pradesh (1). [ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para 9 (w.e.f. 19-11-1954)]. † Ed. This State Amendment relates to section 25 prior to its amendment by Central Act 68 of 1984 (w.e.f. 24-9-1984).
26 Form of awards. — 64 [
(1) ] Every award under this Part shall be in writing signed by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of section 23, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.
65 [(2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of section 2, clause (2) and section 2, clause (9), respectively, of the Code of Civil Procedure, 1908 (5 of 1908).] State Amendment
Karnataka —In section 26, in sub-section (2), after the words figures and brackets “the Code of Civil Procedure, 1908 (5 of 1908)”, insert the words “and the provisions of the said Code relating to execution shall, so far as may be, apply to the execution of such award: Provided that execution shall not be issued on any such award against the Government or any officer, thereof unless it remains unsatisfied for a period of ninety days from the date of such award”. [ Vide Mysore Act 17 of 1961, sec. 25 (w.e.f. 24-8-1961)].
27 Costs. —
(1) Every such award shall also state the amount of costs incurred in the proceedings under this Part, and by what persons and in what proportions they are to be paid.
(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs. State Amendments
Gujarat —Same as that of Maharashtra. [ Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-8-1965)].
Karnataka —In section 27,—
(i) for the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner.”
(ii) in sub-section (2), after the words “award of the Collector”, insert the words “or the amendment thereof”; and
(iii) for the word “applicant”, substitute the word “party”. [ Vide Mysore Act 17 of 1961, secs. 4 and 26 (w.e.f. 24-8-1961)].
Maharashtra —In section 27, in sub-section (2), after the words “award of the Collector”, insert the words “or the amendment thereof”. [ Vide Bombay Act 35 of 1953, sec. 9 (w.e.f. 6-6-1953); Maharashtra Act 33 of 1964, sec. 2(f) (w.e.f. 7-12-1964)]. West Bengal. — Calcutta and Howrah (Improvement). —In section 27, sub-section (2) shall be deemed to be ommitted. [ Vide West Bengal Acts 32 of 1955, sec. 74(f) (w.e.f. 20-10-1955) and 14 of 1958, sec. 70 and Sch. I, para 10].
66 [ 28 Collector may be directed to pay interest on excess compensation. —If the sum which, in the opinion of the Court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Court may direct that the Collector shall pay interest on such excess at the rate of 67 [nine per centum] per annum from the date on which he took possession of the land to the date of payment of such excess into Court: 68 [Provided that the award of the Court may also direct that where such excess or any part thereof is paid into Court after the date of expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Court before the date of such expiry.] State Amendments
Karnataka —In section 28, for the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Tamil Nadu. —In section 28, at the end add the following proviso, namely:— “Provided that where such possession is taken before the commencement of the Land Acquisition (Madras Amendment) Act,1953, the foregoing provision shall have effect as if for the rate of four centum per annum specified therein the rate of six per centum per annum had been substituted.” [ Vide Tamil Nadu Act 12 of 1953, sec. 2 (w.e.f. 8-7-1953); Tamil Nadu, A.L.O., 1969].
69 [ 28A Re-determination of the amount of compensation on the basis of the award of the Court. —
(1) Where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 11, the persons interested in all the other land covered by the same notification under section 4, sub-section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Court: Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded.
(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants.
(3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court and the provisions of sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under section 18.]
29 Particulars of apportionment to be specified. —Where there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.
30 Dispute as to apportionment. —When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof, is payable, the Collector may refer such dispute to the decision of the Court. State amendment
Karnataka —In section 30, for the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Section 30A
Karnataka —(i) After section 30, insert the following section, namely:— “30A. Apportionment of compensation .—(1) Where there are several persons interested in the amount of compensation, the Court shall apportion the amount according to the interest of each such person, and shall specify in the award the amount due to each person.
(2) Each such person shall be entitled to obtain execution of the award to the extent of the amount due to him without the consent or concurrence of the other persons.” [ Vide Mysore Act 17 of 1961, sec. 28 (w.e.f. 24-8-1961)].
31 Payment of compensation or deposit of same in Court. —
(1) On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section.
(2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.
(3) Notwithstanding anything in this section, the Collector may, with the sanction of 70 [appropriate Government] instead of awarding a money compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in exchange, the remission of land revenue on other lands held under the same title, or in such other way as may be equitable having regard to the interest of the parties concerned.
(4) Nothing in the last foregoing sub-section shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract 1 in respect thereof. State Amendments Andhra Pradesh. —In section 31,—
(a) in sub-section (1), after the words “and shall pay it to them” insert the words “in a lump sum in a case where it does not exceed five hundred rupees and in all others cases in such number of equal annual instalments not exceeding five as may be determined by the Collector”;
(b) to sub-section (1) add the following provisos, namely:—
“Provided that where the compensation is sought to be paid in instalments, the Collector shall pay instalments of the amount awarded with interest thereon at six per cent per annum from the time of taking possession of the land until the last instalment is paid: Provided further that where possession of land is taken but the compensation awarded is not paid or deposited before the date of commencement of the Land Acquisition (Andhra Pradesh Amendment) Act, 1976, the provisions of this section shall apply in relation to the payment of compensation as if the acquisition proceedings have been started after the date of commencement of the said Act.” [ Vide Andhra Pradesh Act 22 of 1976, sec. 3 (w.r.e.f. 12-9-1975)]. Himachal Pradesh. —In section 31,—
(a) after sub-section (3), insert the following sub-section, namely:— “3(a). Notwithstanding anything in this section, if the person interested in the land is willing to accept the compensation in kind instead of money, the Collector may further, with the sanction of the appropriate Government instead of awarding a money compensation in respect of any land, give some other land of equivalent value in exchange of the land acquired and thereby pay the compensation awarded in whole or in part in accordance with the market value of the land so given in exchange.”;
(b) for sub-section (4) substitute the following sub-section, namely:—
“(4) Nothing in sub-sections (3) and (3A) shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and competent to contract in respect thereof.” [ Vide Himachal Pradesh Act 17 of 1986, sec. 3 (w.e.f. 22-7-1986)].
Karnataka —In section 31, for the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Maharashtra — Nagpur (City). —(1) In section 31, in sub-section (1), after the words “the compensation” and in sub-section (2) after the words “the amount of compensation” the words “and costs if any” shall be deemed to be inserted.
(2) In sub-section (2), in the concluding proviso, after the words “any compensation”, the words “or costs” shall be deemed to inserted. [ Vide C.P. Act XXXVI of 1836, sec. 61 and Sch., para 13 (w.e.f. 1-1-1937); Maharashtra (V.R.) A.L.O., 1956]. Punjab : Haryana: Chandigarh. —Same as that of Maharashtra–Nagpur (City). [ Vide Punjab Act IV of 1922, sec. 59 and Sch., para. 13, Act 31 of 1966, sec. 88]. Uttar Pradesh. —(i) Same as that of Maharashtra–Nagpur (City). [ Vide Uttar Pradesh Act 11 of 1959, sec. 376 and Sch. II, para 13].
(ii) For Uttar Pradesh Rules relating to grant of land under section 31 instead of compensation, see Uttar Pradesh Gazette, Pt. 1A, dated 17th June, 1967.
32 Investment of money deposited in respect of lands belonging to persons incompetent to alienate. —
(1) If any money shall be deposited in Court under sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Court shall—
(a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposit­ed, was held, or
(b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as the Court shall think fit;
and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same be applied—
(i) in the purchase of such other lands as aforesaid; or
(ii) in payment to any person or persons becoming absolutely entitled thereto.
(2) In all cases of moneys deposited to which this section ap­plies, the Court shall order the costs of the following matters, including therein all reasonable charges and expenses incident thereon, to be paid by the Collector, namely:—
(a) the costs of such investments as aforesaid;
(b) the costs of the orders for the payment of the interest or other proceeds, of the securities upon which such moneys are for the time being invested, and for the payment out of Court of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.
State Amendments
Karnataka —In section 32, for the word “Collector”, wherever it occurs, substitute the word “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Section 32A Uttar Pradesh. —After section 32, insert the following section, namely:— “32A. ‘On account' payment. —(1) Where, in the opinion of the Collector, there is likely to be delay in the making of award under section 11, and possession of the land has been taken under section 17, the Collector shall not later than the expiry of six months from the taking of possesion, make ‘on account' payment to the person interested up to two-thirds of the amount determined or likely to be determined as compensation.
(2) The ‘on account' payment referred to in sub-section (1) shall be deemed to be part of the compensation payable under this Act and shall be deducted and adjusted against the same.
(3) In cases where a reference has been made under section 18 on teh requisition of the Land Reforms Commissioner the provisions of section 31 shall apply subject to the modification that the payment tendered under that section shall be of so much of the compensation amount as is not in dispute.” [ Vide Uttar Pradesh Act 8 of 1974, sec. 4 (w.e.f.26-4-1974)]. West Bengal. —After section 32, insert the following section, namely:— “32A. Compensation awarded to minors and lunatics to be paid. —If, according to an award made by the Collector under this Act, the person interested entitled to any compensation or costs awarded (hereafter in this section referred to as the payee) is a minor or lunatic, then, notwithstanding anything to the contrary in this Act or in any other law, the Collector shall have the power to pay the amount of such compensation or costs before it is deposited in the Court under sub-section (2) of section 31 or it may be paid by the Court after it is so deposited but before it is invested under section 32,—
(a) where the payee is a minor, to the guardian of the minor; and
(b) where the payee is lunatic, to the manager of the estate of the lunatic appointed under Indian Lunacy Act, 1912:
Provided that, except in the case of following classes of guardians, that is to say,—
(i) a natural guardian;
(ii) a guardian appointed by the Will of a minor's father or mother;
(iii) a guardian appointed or declared by a Court; and
(iv) a person empowered to act as and exercise the powers of a guardian by or under any enactment relating to Court of Wards,
no payment as aforesaid shall be made unless the guardian furnishes security in accordance with prescribed rules.” [ Vide West Bengal Act 24 of 1964, sec. 3 (w.e.f. 26-11-1964)].
33 Investment of money deposited in other cases. —When any money shall have been deposited in Court under this Act for any cause other than that mentioned in the last preceding section, the Court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and may direct the interest or other proceeds of any such invest­ment to be accumulated and paid in such manner as it may consider will give the parties interested therein the same benefit there­from as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be. State Amendment West Bengal. —In section 33, for the words “last preceding section”, substitute the words “section 12”. [ Vide West Bengal Act 24 of 1964, sec. 4 (w.e.f. 26-11-1964)].
71 [ 34 Payment of interest. —When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount award­ed with interest thereon at the rate of 72 [nine per centum] per annum from the time of so taking possession until it shall have been so paid or deposited: 73 [Provid­ed that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.] State Amendment Tamil Nadu. —In section 34, add the following Proviso, namely:— “Provided that where such possession is taken before the commencement of the Land Acquisition (Madras Amendment) Act, 1953, the foregoing provision shall have effect as if for the rate of four per centum per annum specified therein the rate of six per centum per annum had been substituted”. [ Vide Tamil Nadu Act XII of 1953, sec. 2 (w.e.f. 8-7-1953)].
35 Temporary occupation of waste or arable land, procedure when difference as to compensation exists:-
(1) Subject to the provisions of Part VII of this Act, whenever it appears to the 75 [appropriate Government] that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from commencement of such occupation.
(2) The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof, for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively.
(3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Court. State Amendments
Bihar —(i) In section 35, in sub-section (1),—
(a) after the words “whenever it appears to the appropriate Government”, insert the words “or the Collector”;
(b) after the words “the appropriate Government”, may direct the collector to”, insert the words “, or the collector may”;
(c) after the words “for such term as it” insert the words “or he“;
(ii) at the end add the following Explanation, namely:—
“ Explanation. —This sub-section shall apply to any waste or arable land, notwithstanding the existence thereon of forest, orchard or trees.” [ Vide Bihar Act 11 of 1961, sec. 11 (w.e.f. 1-6-1961)].
Gujarat —(1) In section 35, in sub-section (1), omit the words “waste or arable”. [ Vide Gujarat Act 20 of 1965, sec. 17 (w.e.f. 15-8-1965)].
(2) After sub-section (1), insert the following sub-section, namely:—
(1A) , (1B), (1C)” Sub-sections (1A), (1B), (1C) are the same as that of Maharashtra (a). [ Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-8-1965)].
Karnataka —(i) In section 35, after sub-section (1), insert the following sub-sections, namely:—
(1A) , (1B), (1C),, Sub-sections (1A), (1B), (1C) are the same as that of Maharashtra (a) with the modification that for the word “Collector”, words “Deputy Commissioner” are to be read.
(ii) In sub-section (2), for the words “The Collector shall thereupon”, substitute the words “Upon the issue of a direction under sub-section (1) the Deputy Commissioner shall”. [ Vide Mysore Act 17 of 1961, sec. 30 (w.e.f. 24-8-1961)].
(iii) For the word “Collector”,, wherever it occurs, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Maharashtra —In section 35,—
(a) after sub-section (1), insert the following sub-sections, namely:— “(1A) Before issuing a direction under sub-section (1)the State Government may require the Collector to submit—
(a) a plan of the land which is needed for occupation and use; and
(b) an estimate of the compensation that would be payable under sub-section (2); and upon the issue of such requisition the Collector shall public cause public notice of the substance of the requisition to be given at convenient places in the locality in which the land is situated.
(b) In sub-section (2), for the words “the Collector shall thereupon”, substitute the words “upon the issue of a direction under sub-section (1) the Collector shall”. [ Vide Bombay Act XXXV of 1953, sec. 10 (w.e.f. 10-6-1953); Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
(1B) After the issue of such notice, it shall be lawful for any officer either generally or specially authorised by the Collector in this behalf, and for his servants and workmen to exercise the powers conferred by sub-section (2) of section 4.
(1C) The officer authorised under sub-section (1B) shall at the time of his entry pay or tender payment for all necessary damage to be done as aforesaid and, in the case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector and such decision shall be final.”;
36 Power to enter and take possession, and compensation on resto­ration. —
(1) On payment of such compensation, or on executing such agreement, or on making a 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 notice.
(2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein: Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the 77 [appropriate Government] shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or for a Company. State Amendment
Karnataka —In section 36, for the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
37 Difference as to condition of land. —In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to, the decision of the Court. State Amendment
Karnataka —In section 37,—
(i) for the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner”.
[ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Section 37A
(ii) After section 37, insert the following section, namely:—
“37A. Temporary occupation in urgent cases. —(1) Notwithstanding anything contained in section 35, whenever it appears to the Deputy Commissioner that the temporary occupation and use of any waste or arable land are needed for the purpose of affording accommodation or other relief to persons displaced owing to damage caused to their dwelling houses or other buildings by fire, flood or other unforeseen events, the Deputy Commissioner may enter upon and take possession of the land and use or permit the use thereof in accordance with such terms as he may specify, for a period not exceeding one year from the commencement of such occupation.
(2) The Deputy Commissioner shall immediately report to the State Government the fact of such taking possession and the reasons therefor and shall give effect to such orders as the State Government may make in the matter.
(3) The Deputy Commissioner shall, as soon as may be, after taking possession of the land, give notice in writing to the persons interested in such land of the fact of taking possession and the period for which the land would be occupied and used, and shall for the occupation and use thereof for such period and for the materials, if any, to be taken therefrom, pay to the persons interested such compensation, as shall be agreed upon in writing between him and such persons, respectively.
(4) In case of the Deputy Commissioner and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Deputy Commissioner shall refer such difference to the decision of the Court.
(5) On the expiration of the period fixed under sub-section (1) the Deputy Commissioner shall restore the land to he person interested therein. The provisions of sub-section (2) of section 36 and section 37 shall apply mutatis mutandis to such restoration.” [ Vide Mysore Act 17 of 1961, sec. 31 (w.e.f. 24-8-1961)].
38 Company may be authorised to enter and survey:- [Rep. by the Land Acquisition (Amendment) Act, 1984 (68 of 1984), sec. 21 (w.e.f. 24-9-1984).]
81 [ 38A Industrial concern to be deemed Company for certain pur­poses. —An industrial concern, ordinarily employing not less than one hundred workmen owned by an individual or by an association of individuals and not being a Company, desiring to acquire land for the erection of dwelling-houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, so far as concerns the acquisition of such land, be deemed to be a Company for the purposes of this Part, and the references to Company in [sections 4, 5A, 6, 7 and 50] shall be interpreted as references also to such concern.] 3. Subs. by Act 68 of 1984, sec. 22, for “sections 5A, 6, 7, 17 and 50” (w.e.f. 24-9-1984).
39 Previous consent of 3 83 [appropriate Government] and execution of agreement necessary:- The provisions of 84 [sections 6 to 16 (both inclusive) and sections 18 to 37 (both inclusive)] shall not be put in force in order to acquire land for any company, [under this part], unless with the previous consent of the 83 [appropriate Government], nor unless the Company shall have executed the agreement hereinafter mentioned. State Amendments
Gujarat —In section 39, for the figure “6”, after the word “sections”, substitute the figure “4”. [ Vide Gujarat Act 20 of 1965, sec. 18 (w.e.f. 15-8-1965)]. Uttar Pradesh. —Section 39 re-numbered as sub-section (1) of that section and after sub-section (1), so renumbered, add the following sub-section, namely:— “(2) In cases of acquisition of land for societies registered under the Societies Registration Act, 1860, sub-section (1) shall have effect as if for the words, figures and brackets “sections 6 to 37 (both inclusive)”, the words and figures “sections 6 and 7” were substituted.” [ Vide Uttar Pradesh Act 22 of 1954, sec. 2 and Sch., para 10 (w.e.f. 19-11-1954)].
40 Previous enquiry. —
(1) Such consent shall not be given unless the 86 [appropriate Government] be satisfied, 87 [either on the report of the Collector under section 5A, sub-section (2), or] by an enquiry held as hereinafter provided,—
88 [(a) that the purpose of the acquisition is to obtain land for the erection of dwelling-houses for workmen employed by the Company or for the provision of amenities directly connected therewith, or]
89 [(aa) that such acquisition is needed for the construction of some building or work for a Company which is engaged or is taking steps forengaging itself in any industry or work which is for a public purpose, or]
90 [(b) that such acquisition is needed for the construction of some work* and that such work is likely to prove useful to the public.]
(2) Such enquiry shall be held by such officer and at such time and place as the 91 [appropriate Government] shall appoint.
(3) Such officer may summon and enforce the attendance of wit­nesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the 92 [Code of Civil Procedure, 1908 (5 of 1908)] in the case of Civil Court. State Amendment
Gujarat —In section 40, in sub-section (1), omit the words “either on the report of the Collector under section 5A, sub-section (2) or”. [ Vide Gujarat Act 20 of 1965, sec. 19 (w.e.f. 15-8-1965).
41 Agreement with appropriate Government. — 94 [***] If the 95 [appropriate Government] is satisfied 96 [after considering the report, if any, of the Collector under section 5A, sub-section (2), or on the report of the officer making an inquiry under section 40] that the 97 [proposed acquisition is for any of the purposes referred to in clause
(a) or clause (aa) or clause (b) of sub-section (1) of section 40], it shall require 98 [***] the Company to enter into an agree­ment 99 [with the 95 [appropriate Government]], providing to the satisfac­tion of the 95 [appropriate Government] for the following matters, namely:—
(1) the 100 [payment to the 95 [appropriate Government]] of the cost of the acquisition;
(2) the transfer, on such payment, of the land to the Company;
(3) the term on which the land shall be held by the Company;
101 [(4) where the acquisition is for the purpose of erecting dwelling- time within which, the conditions on which and the manner in which the dwelling-houses or amenities shall be erected or provided; 102 [***]
103 [(4A) where the acquisition is for the construction of any building or work for a Company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, the time within which and the conditions on which, the building or work shall be constructed or executed; and
104 [(5) where the acquisition is for the construction of any other work* the time within which and the conditions on which the work shall be executed and maintained, and the terms on which the public shall be entitled to use the work.] State Amendment
Gujarat —In section 41, omit the words “after considering the reports, if any, of the Collector under section 5A, sub-section (2), or”. [ Vide Gujarat Act 20 of 1965, sec. 20 (w.e.f. (15-8-1965)].
42 Publication of agreement. —Every such agreement shall, as soon as may be after its execution, 106 [***] be published in the Official Gazette, and thereupon (so far as regards the terms on which the public shall be entitled to use the work) have the same effect as if it had formed part of this Act.
43 Sections 39 to 42 not to apply where Government bound by agree­ment to provide land for Companies. —The provisions of sections 39 to 42, both inclusive, shall not apply and the corresponding sections of the 108 Land Acquisition Act, 1870 (10 of 1870), shall be deemed never to have applied, to the acquisition of land of any Railway or other Company, for the purposes of which, 109 [under any agreement with such Company, the Secretary of State for India in Council, the Secretary of State, 110 [The Central Government or any State Government] is or was bound to provide land.]
44 How agreement with railway Company may be proved. —In the case of the acquisition of land for the purposes of a Railway Company, the existence of such an agreement as is mentioned in section 43 may be proved by the production of a printed copy thereof purporting to be printed by order of Government.
113 [ 44A Restriction on transfer, etc. —No Company for which any land is acquired under this Part shall be entitled to transfer the said land or any part thereof by sale, mortgage, gift, lease or otherwise except with the previous sanction of the appropriate Government.
44B Land not to be acquired under this Part except for certain purpose for private companies other than Government companies. —Notwithstanding anything contained in the Act, no land shall be acquired under this Part, except for the purpose mentioned in clause
(a) of sub-section (1) of section 40, for a private compa­ny which is not a Government company. Explanation —“Private company” and “Government company” shall have the meanings respectively assigned to them in the Companies Act, 1956 (1 of 1956).]
45 Service of notices. —
(1) Service of any notice under this Act shall be made by 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 an order of the Collector or the Judge.
(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.
(3) When such person cannot be found, the service may be made on any adult male member of his family residing with him; and if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house, and also in some conspicuous part of the land to be ac­quired: Provided that if the Collector or Judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and 116 [registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)], and service of it may be proved by the production of, the addressee's receipt. State Amendments Andhra Pradesh. —In section 45, in the proviso, to sub-section (3), for the words “and service of it may be proved by the production of the addressee's receipt”, substitute the following, namely:— “and the notice shall be deemed to be served on such person on the date on which the notice sent by registered post will, in the usual course of post, be received by he addressee”. [ Vide Andhra Pradesh Act 20 of 1959, sec. 8 (15-8-1959)].
Gujarat —Same as that of Maharashtra. [ Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f 17-8-1965)].
Karnataka —For section 45, substitute the following section, namely:— “45. Service of Notices. —(1) Subject to the provisions of this section and any rules that may be made under this Act, the mode of service of notices issued under this Act shall be as follows:—
(a) A notice of a general nature or affecting a class of persons shall be published—
(i) in the Official Gazette or any newspaper published in Kannada or English and in circulation in the district in which the land concerned is situate, and
(ii) by affixing copies of the notice in prominent places on or near the land concerned;
(b) A notice affecting an individual corporation of firm shall be served in the manner provided for the service of summons under rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, of the First Schedule to the Code of Civil Procedure, 1908;
(c) A notice affecting an individual person (not being a corporation or firm) shall be served in the manner provided for the service of summons in the Code of Civil Procedure, 1908, or by sending it by registered post under a letter addressed to the person named at his last known residence address or place of business, and the notice shall be deemed to be served on such person on the date on which the notice sent by registered post will, in the usual course of post, be received by the addressee.
(2) Where the ownership of the land is in dispute or where the persons interested in the land are not readily traceable and the notice cannot be served without undue delay, the notice may be served by publishing it in the Official Gazette, where possible, by affixing a copy thereof at any conspicuous part of the land to which it relates.” [ Vide Mysore Act 17 of 1961, sec. 32 (w.e.f. 24-8-1961)].
Maharashtra —In section 45, for the word and figure “section 4”, the words, figures and letter “sections 3A to 4” shall be substituted. [ Vide Bombay Act 20 of 1945, sec. 3 (w.e.f. 3-11-1945); Maharashtra Act 30 of 1964, sec. 2(f) (w.e.f. 7-12-1964)]. Tamil Nadu. —The section 45, in the proviso to sub-section (3), in regard to the territories added to the State by Act 56 of 1959, for the words “and the notice shall be deemed to be served on such person on the date on which the notice sent by registered post will, in the usual course of post, be received by the addressee”, substitute the words “and service of it may be proved by the production of the addressee's receipt.” [ Vide Tamil Nadu Act 14 of 1964, sec. 4 and Sch. II (w.e.f. 9-1-1963)].
46 Penalty for obstructing acquisition of land. —Whoever wilful­ly obstructs any person in doing any of the acts authorised by section 4 or section 8 or wilfully fills up, destroys, damages or displaces any trench or mark made under section 4, shall, on conviction before a Magistrate, be liable to imprisonment for any term not exceeding one month, or to fine not exceeding 118 [five hundred rupees], or to both. State Amendments
Gujarat —Same as that of Maharashtra. [ Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 17-8-1965)].
Karnataka —(i) In section 46, for the words and figure “or section 8”, substitute the words, figures, brackets and letter “sub-section (1A) of section 6 or section 35”; and
(ii) for the words “under section 4”, substitute the words “under section 4 or section 35”. [ Vide Mysore Act 17 of 1961, sec. 33 (w.e.f. 24-8-1961)].
(iii) for the word “Magistrate”, substitute the words “Judicial Magistrate”. [ Vide Mysore Act 13 of 1965, sec. 66 and Sch. (w.e.f. 1-10-1965)].
Maharashtra —In section 46,—
(a) after word “by”, insert the word, figure and letter “section 3A or”
(b) after the words, “under section”, insert the figure, letter, and words “3A or section”; [ Vide Bombay Act 20 of 1945, sec. 4 (w.e.f. 3-11-1945)].
(c) for the words and figure “or section 8”, substitute the word and figures “section 8 or section 35” and for the words, figures and letter “section 3A or section 4”, substitute the words figures and letter “section 3A, section 4 or section 35”.
[ Vide Bombay Act 25 of 1953, sec. 11 (w.e.f. 6-6-1953); Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)].
47 Magistrate to enforce surrender. —If the Collector is op­posed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and, if not a Magistrate, he shall apply to a Magistrate or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police and such Magistrate or the Commissioner (as the case may be) shall enforce the surrender of the land to the Collector. State AmendmentS
Karnataka —In section 47,—
(i) for the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-3-1961)].
(ii) for the words “a Magistrate”, substitute the words “an Executive Magistrate”. [ Vide Mysore Act 13 of 1965, sec. 66 and Sch. (w.e.f. 1-10-1965)].
Section 47A
Gujarat —After section 47, insert the following section, namely:— “47A. Executive Magistrate or Commissioner of Police to enforce surrender of land or closure of easement .—(1) In the application of this Act, to the State of Gujarat, for section 47 the provisions of sub-sections (2) and (3) of this section shall be substituted.
(2) If the Collector is opposed or impeded in taking possession under this Act of any land or in preventing enjoyment of any easement extinguished under this Act, he shall, if a District Magistrate, enforce the surrender of the land to himself, or the closure of such easement and if not such Magistrate, he shall apply in any area for which a Commissioner of Police has been appointed to the Commissioner of Police and elsewhere to any Executive Magistrate and such Commissioner or Magistrate shall enforce the surrender of the land to the Collector, or, as the case may be, the closure of such easement.
(3) Any action taken by a Collector, Magistrate or Commissioner of Police under sub-section (2) shall not be questioned in any Civil Court and no injunction shall be issued by such Court for restraining such action, but the aggrieved party shall be entitled in such Court to reasonable compensation for any damage suffered by him by reason of the powers under this section being exercised by any such officer wrongfully or without authority.” [ Vide Gujarat Act 20 of 1965, sec. 21 (w.e.f. 15-8-1965.
48 Completion of acquisition not compulsory, but compensation to be awarded when not completed. —
(1) Except in the case provided for in section 36, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.
(2) Whenever the Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall 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 said land.
(3) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section. State Amendments
Maharashtra —In section 48, in sub-sections (1) and (2), after the word “Government”, insert the words “or the Commissioner”. [ Vide Bombay Act 71 of 1958, sec. 3 and Sch.; Notification No. LAQ 2558-H, dated 12th February, 1962, published in Maharashtra Gazette, dated 22nd February, 1962, Pt. IVB, Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964)]. Bihar: Patna (City) .—Same as that of Tamil Nadu: Madras (City) except that for the words beginning with “clause (c) of sub-section (3)” and ending with the words “of that Act”, the words, figures and brackets “clause (e) of sub-section (3) of section 39 of the Bihar Town Planning and Improvement Trust Act, 1951,or of the publication of a notification under section 52 of that Act” have to be read. [ Vide Bihar Act 35 of 1951, section 71 and Sch., para 9 (w.e.f. 6-12-1951)]. Section 48A Maharashtra: Nagpur (City) .—After section 48, the following section shall be deemed to be inserted, namely:— “48A. Compensation to be awarded when land not acquired within two years .—(1) If within a period of two years from the date of the publication of the declaration under section 6 in respect of any land, the Collector has not made an award under section 11, with respect to such land the owner of the land shall, unless he has been to a material extent responsible for the delay be entitled to receive compensation for the damage suffered by him in consequence of the delay.
(2) The provisions of Part III of this Act shall apply so far as may be, to the determination of the compensation payable under this section”. [ Vide C.P. Act 36 of 1936, sec. 6l and Sch., para 14 (w.e.f. 2-1-1937); Maharashtra (V.R.) A.L.O. 1956]. Punjab, Haryana, Chandigarh. —Same as that of Maharashtra: Nagpur (City). [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., para 14; Act 31 of 1966, sec. 38]. Tamil Nadu: Madras (City).— After section 48, the following section shall be deemed to be inserted, namely:— “48A. Compensation to be awarded when land not acquired within two years .—(1) Where the Collector has not made an award under section 11, in respect of any land within a period of two years from the date of the publication of the declaration under section 6 or of the issue of a notice under clause (c) or sub-section (3) of section 40 of the Madras City Improvement Trust Act, 1950 or of the publication of a notification undersection 53 of that Act, as the case may be, the owner of the land shall, unless he has been responsible for the delay to a material extent be entitled to receive compensation for the damage suffered by him in consequence of the delay.
(2) The provision of Part III of this Act shall apply, so far as may be to the determination of the compensation payable under this section.” [ Vide Madras Act 37 of 1950, sec. 73 and Sch., para 9 (w.e.f. 27-2-1951): Tamil Nadu A.L.O., 1969]. Uttar Pradesh. —After section 48, the following section shall be deemed to be inserted, namely:—
48A. Compensation to be awarded when land not acquired within two years .—
(1) If within a period of 2 years from the date of the publication of the declaration under section 6 in respect of any land, the Collector has not made an award under section 11, with respect to such land, the owner of the land shall, unless he has been to a material extent responsible for the delay, be entitled to receive the compensation for the damage suffered by him in consequence of the delay.
(2) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.” [ Vide Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, para 14]. West Bengal: Calcutta (Improvement): Howrah (Improvement) .—After section 48; the following section shall be deemed to be inserted, namely:— “48A. Compensation to be awarded when land not acquired within two years .—(1) if, within a period of two years from the date of the issue of the public notice under sub-section (1) of section 9, in respect of any land the Collector has not made an award under section 11 with respect to such land, the owner of the land shall be entitled to receive compensation for the damage suffered by him in consequence of the delay.
(2) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.” [ Vide West Bengal Act 5 of 1911, sec. 71 and Sch. para 13 (w.e.f. 2-1-1912) and West Bengal Act 32 of 1955, sec. 74 (w.e.f. 20-10-1955) West Bengal Act 14 of 1956, sec. 70 and Sch. I, para. 11]. Section 48B Calcutta (Improvement): Howrah (Improvement) .—After section 48A, insert the following section, namely:— “48B. Sections 48 and 48A not to apply in certain cases .—No compensation shall be payable in pursuance of section 48 or section 48A when proceedings for the acquisition of land have been abandoned on the execution of an agreement, or the acceptance of a payment in pursuance, of sub-section (4) of section 78 of the Calcutta Improvement Act, 1911 Howrah Improvement Act, 1956.” [ Vide West Bengal Act 5 of 1911, sec. 71 and Sch. para 13 (w.e.f. 2-1-1912): West Bengal Act 14 of 1956 sec. 70 and Sch. I, para 11].
49 Acquisition of part of house or building. —
(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired: Provided that the owner may, at any time before the Collec­tor has made his award under section 11, by notice in writing, withdraw or modify, his expressed desire that the whole of such house, manufactory or building shall be so acquired: Provided also that, if any question shall arise as to wheth­er any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Court and shall not take possession of such land until after the question has been determined. In deciding on such a reference, the Court shall have regard to the question whether the land proposed to be taken is reasona­bly required for the full and unimpaired use of the house, manu­factory or building.
(2) If, in the case of any claim under section 23, sub-section (1), thirdly, by a person interested, on account of the serving of the land to be acquired from his other land, the 122 [appropriate Government] is of opinion that the claim is unreasonable or exces­sive, it may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part.
(3) In the case last hereinbefore provided for, no fresh decla­ration or other proceedings under sections 6 to 10, both inclu­sive, shall be necessary; but the Collector shall without delay furnish a copy of the order of the 122 [appropriate Government] to the person interested, and shall thereafter proceed to make his award under section 11. State Amendments
Bihar —In section 49, after sub-section (1), following sub-section shall be deemed to have been added:— “(1A) For the purposes of sub-section (1), land which is held with and attached to a house and is reasonably required for the enjoyment and use of the house shall be deemed to be part of the house.” [ Vide Bihar Act 57 of 1982, sec. 49 and Sch.] Punjab : Haryana: Chandigarh. —In section 49, after sub-section (1), add the following, Explanation, namely:— “Explanation. —For the purposes of sub-section (1) land which is held with and attached to a house and is reasonably required for the employment and use of the house shall be deemed to be part of the house.” [ Vide Punjab Act 4 of 1922, sec. 59 and Sch., clause 15; Act 31 of 1966, sec. 88]. Uttar Pradesh. —In section 49, after sub-section (1), insert the following sub-section, namely:— “(1A) For the purposes of sub-section (1), land which is held with and attached to a house and reasonably required for the enjoyment and use of the house shall be deemedto be part of the house.” [ Vide Uttar Pradesh Act 1 of 1966, sec. 55 and Sch., para 6 and Uttar Pradesh Act 2 of 1959, sec. 376 and Sch. II, para 15]. West Bengal. —(i) Calcutta (Improvement). —In section 49, for sub-section (1), the following sub-section shall be deemed to be substituted, namely:— “(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building if the acquisition of the part will render the full and unimpaired use of the remaining portion of the house, manufactory or building impracticable: Provided that if any question shall arise as to whether the part proposed to be acquired will render the full and unimpaired use of the remaining portion of the house, manufactory or building impracticable, the Collector shall refer the determination of such question to the Court and shall not take possession of such part until after the question has been determined. In deciding on such a reference the Court shall have regard only to the question whether the land proposed to be taken is reasonably required for the full and unimpaired use of the remaining portion of the house, manufactory or building.” [ Vide West Bengal Act 32 of 1955, sec. 74(h) (w.e.f. 20-10-1955)].
(ii) Howrah (Improvement). —In section 49, for sub-section (1), substitute the following:—“(1)The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building if the acquisition of the part will render the full and unimpaired use of the remaining portion of the house, manufactory or building impracticable; the Collector shall refer the determination of such question to the Court and shall not take possession of such part until after the question has been determined. In deciding on such a reference the Court shall have regard only to the question whether the land proposed to be taken is reasonably required for the full and unimpaired use of the remaining portion of the house, manufactory or building.” [ Vide West Bengal Act 14 of 1956, sec. 70 and Sch. I, para 12]. State Amendment Section 49A
Gujarat —After section 49, insert the following section, namely:— “49A. Additional circumstances in which section 49 shall have effect. —(1) Where the owner has expressed a desire under sub-section (1) of section 49 that the whole of the house, manufactory or building shall be acquired, the provision of that sub-section shall have effect only when the Collector is satisfied that the acquisition of a part of such house, manufactory or building shall so adversely affect the use of the remaining part for the purpose for which it was being used, as to justify the acquisition of the whole of the house, manufactory or, as the case may be, building.
(2) Where under the proviso to sub-section (1) of section 49, the owner withdraws or modifies the desire expressed by him, it shall be lawful for the Collector to put in force the provisions of the Act for the acquisition of such part of the house, manufactory or building as may be in conformity with such withdrawal or modification.” [ Vide Gujarat Act 20 of 1965, sec. 22 (w.e.f. 15-8-1965)]. West Bengal. —After section 49, insert the following section, namely:— “49A. Circumstances in which section 49 shall be put in force. —(1) Where the owner desires under sub-section (i) of section 49 that the whole of any house, manufactory or building shall be acquired, the provisions of that sub-section shall have effect only when the Collector is satisfied that the acquisition of a part only of such house, manufactory or building shall so adversely affect the use of the remaining part for the purpose for which it was being used as to justify the acquisition of the whole of the house, manufactory or building, as the case may be.
(2) Where the owner withdraws or modifies under the first proviso to sub-section (1) of section 49 his expressed desire that the whole of such house, manufactory or building shall be so acquired, it shall be lawful for the Collector to put in force the provisions of this Act for the purpose of acquiring a part only of such house, manufactory or building, as the case may be, in conformity with such withdrawal or modification.” [ Vide West Bengal Act 36 of 1986, sec. 3 (w.e.f. 14-2-1990)].
50 Acquisition of land at cost of a local authority or Company. —
(1) Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Company, the charges of any incidental to such acquisition shall be defrayed from or by such fund or Company.
(2) In any proceeding held before a Collector or Court in such cases the local authority or Company concerned may appear and adduce evidence for the purpose of determining the amount of compensation: Provided that no such local authority or Company shall be entitled to demand a reference under section 18. State Amendments
Gujarat —In section 50, in sub-section (2), for the words “may appear and adduce evidence”, substitute the words “shall be called upon to appear and adduce evidence, if any”. [ Vide Gujarat Act 20 of 1965, sec. 22 (w.e.f. 15-8-1965).
Karnataka —In section 50,—
(i) For the word “Collector”, substitute the words “Deputy Commissioner”. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
(ii) After sub-section (1), insert the following sub-sections, namely:— “(1A) If the charges of and incidental to such acquisition is (sic) not defrayed from such funds by a local authority after such time as may be fixed by the State Government, the State Government may by order direct the person in custody of such fund to pay the amount due in priority to any other charge against such fund and such person shall, notwithstanding anything contained in any law, so far as the fund to the credit of the local authority admit (sic) be bound to comply with such order.
(1B) Without prejudice to any other mode of recovery from any company liableto defray the charges of and incidental to such acquisition, the amount payable by the company may, notwithstanding anything contained in any law, be recovered from the company as an arrear of land revenue.” [ Vide Mysore Act 17 of 1961, sec. 34 (w.e.f. 24-8-1961).
51 Exemption from stamp duty and fees. —No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
126 [ 51A Acceptance of certified copy as evidence. —In any proceeding under this Act, a certified copy of a document registered under the Registration Act, 1908 (16 of 1908), includ­ing a copy given under section 57 of that Act, may be accepted as evidence of the transaction recorded in such document.]
52 Notice in case of suits for anything done in pursuance of Act :- No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends. State Amendments Section 52A
(Gujarat) —(i) Same as that of Maharashtra. [Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-8-1965)].
(ii) Section 52A re-numbered as sub-section (1) thereof, and after sub-section (1), so renumbered, insert the following sub-section, namely:— “(2) The State Government may, by notification in the Official Gazette, direct that the powers exercisable by it under this Act, except the power to make rules under section 55, shall, in such circumstances and under such conditions, if any, as may be, specified in such notification, be exercisable also by an officer subordinate to it not below the rank of a Collector.” [Vide Act 20 of 1965, sec. 24 (w.e.f. 15-8-1965)]. Himachal Pradesh.—After section 52, insert the following section, namely:— “52A. Protection of compensation.—No compensation awarded or awardable under this Act,—
(a) before it is actually paid to the person entitled to receive the same; or
(b) before or after it is actually paid to the person entitled to receive the same in respect of any land which is not liable, under the law for the time being in force, to a attachment or sale in execution of a decree or order of any court shall be liable to seizure, attachment or sequestration by process of any court, at the instance of a creditor, for any demand against the person entitled to compensation, or in satisfaction of a decree or order of any court, and notwithstanding anything to the contrary in any law for the time being in force, neither the official assignee nor any receiver appointed under any law shall be entitled to proceed against or to have any claim on any such compensation.“ [Vide Himachal Pradesh Act 17 of 1986, sec. 4 (w.e.f. 29-7-1986)].
(Maharashtra) —After section 52, insert the following section, namely:— “52A. Delegation.—Notwithstanding anything contained in the forgoing provisions of this Act,—
(1) the State Government may, by notification in the Official Gazette, direct that all or any of the powers conferred or duties imposed on it or on the Commissioner by or under this Act, may, subject to such restrictions and conditions, if any, as may be specified in the notification be exercisable also by the Collector;
(2) a Collector may, subject to the general or special orders of the Government delegate any of his powers or functions under this Act to any officer not below the rank of a Tahsildar or to a Land Acquisition Officer specially appointed by the Government in this behalf.” [Vide Bombay Act XXXV of 1949, sec. 6 (w.e.f. 14-10-1949): Maharashtra Act 38 of 1964, sec. 2(f) (w.e.f. 7-12-1964) and Act 42 of 1973 and Act 42 of 1973]. Punjab: Haryana: Chandigarh.—After section 52, the following section shall be deemed to be inserted, namely:— “52A. Protection of compensation.—No compensation awarded or awardable under this Act—
(a) before it is actually paid to the person entitled to receive the same; or
(b) before or after it is actually paid to the person entitled to receive the same in respect of any land which is not liable under the law for the time being in force to attachment or sale in execution of a decree or order of any Court, shall be liable to seizure, attachment or sequestration by process of any Court, at the instance of a creditor, for any demand against the person entitled to compensation, or in satisfaction of a decree or order of any Court, and notwithstanding anything to the contrary in any law for the time being in force, neither the Official Assignee nor any Receiver appointed under any law shall be entitled to proceed against or to have any claim on any such compensation.” [Vide Punjab Act XV of 1948, sec. 2 (w.e.f. 10-4-1948) and Act 31 of 1966, sec. 88].
53 Code of Civil Procedure to apply to proceedings before Court. —Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the 129 [Code of Civil Procedure, 1908 (5 of 1908)] shall apply to all proceedings before the Court under this Act.
131 [ 54 Appeals in proceedings before Court. —Subject to the provi­sions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the con­trary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the Court and from any decree of the High Court passed on such appeal as aforesaid an appeal shall lie to the 132 [Supreme Court] subject to the provisions contained in section 110 of the Code of Civil Proce­dure, 1908, and in Order XLIV thereof.] State Amendments
Karnataka —For section 54, substitute the following section, namely:—
54. Appeals in proceedings before Court. —
(1) Subject to the provisions of the Code of Civil Procedure, 1908, applicable to appeals from original decrees, an appeal shall lie from the award, or from any part of the award, of the Court in any proceedings under this Act to the Court authorised to hear appeals from the decision of that Court.
(2) From any decree of a Court, other than the High Court, passed on an appealunder sub-section (1) an appeal shall lie to the High Court, if, by only if, the amount of value of the subject-matter in dispute in appeal exceeds two thousand rupees or the case involves any question of title to land.
(3) From any decree of the High Court passed on an appeal under sub-section (1), an appeal shall lie to the Supreme Court, subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and in Order XLV of the First Schedule to the said Code.” [ Vide Mysore Act 17 of 1961, sec. 35 (w.e.f. 24-8-1961)]. Section 54A West Bengal. —After section 54, insert the following section, namely:— “ 54A. Act to apply to acquisition of land referred to in sub-sections (3A) and (3B) of section 9 .—Save as otherwise provide in sub-section (3B) of section 9, the second proviso to section 11A, and the proviso to sub-section (1A) of section 23, the provisions of this Act shall apply to the acquisition of the land referred to in sub-section (3A), and sub-section (3B) of section 9 mutatis mutandis .” [ Vide West Bengal Act 7 of 1997, sec. 6 (w.e.f. 2-5-1997)].
55 Power to make rules. —
(1) The 134 [appropriate Government] shall 135 [***] have power to make rules consistent with this Act for the guidance of officers in all matters connected with its enforcement, and may from time to time alter and add to the rules so made: 136 [Provided that the power to make rules for carrying out the purposes of Part VII of this Act shall be exercisable by the Central Government and such rules may be made for the guidance of the State Governments and the officers of the Central Government and of the State Governments: Provided further that every such rule made by the Central Government shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, 137 [before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule:] 138 [Provided also that every such rule made by the State Government shall be laid, as soon as may be after it is made, before the State Legislature.]
(2) The power to make, alter and add to rules under sub-section (1) shall be subject to the condition of the rules being made, altered or added to after previous publication.
(3) All such rules, alterations and additions shall be 139 [***] published in the Official Gazette, and shall thereupon have the force of law. State Amendment Section 56
Rajasthan —After section 55, add the following section, namely:— “56. Provisions consequential to the extension of this Act to the State of Rajasthan. —(1) Consequent on this Act having been extended to the State of Rajasthan on the 24th day of September, 1984, hereinafter referred to as the date of extension, the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act 24 of 1953), hereinafter referred to as the State Act, shall be deemed to have been repealed on the date of extension.
(2) Where, in any proceeding under the State Act pending on the date of extension, the State Government, the Collector or the Court has, on or after the said date and before the commencement of the Land Acquisition (Rajasthan Amendment) Act, 1987, done anything, taken any action or made any order which is at variance with that as is provided in this Act, such thing, action or order shall, subject to the other provisions of this section, be deemed to have been done, taken or made under and in accordance with the provisions of this Act and such proceeding shall not be re-opened or reviewed or liable to be challenged on the ground of not being in accordance with the provisions of this Act.
(3) All things done, actions taken or orders made in regard to acquisition of any land for the Union on of after the date of extension and before the commencement of the Land Acquisition (Rajasthan Amendment) Act, 1987 shall be deemed to have been done, taken or made under the direction of the Union.
(4) Where, in any proceeding pending under the State Act on the date of extension or instituted after the said date, a declaration under section 6 or an award under section 11 have been made after any of the respective periods as specified in section 6 or section 11A, as the case may be has expired the said period or the periods, as the case may be, shall be deemed to have been extended up to the date of such declaration or award. In a proceeding pending on the date of commencement of the Land Acquisition (Rajasthan Amendment) Act, 1987, such period or period, shall be deemed to have been extended up to and the declaration or the award as the case may be shall be made within, one year and two years respectively after such commencement.
(5) When the Collector has, before taking possession of any land on or after the date of extension and before the commencement of the Land Acquisition (Rajasthan Amendment) Act, 1987 not tendered and paid eighty per centum of the compensation in accordance with sub-section (3A) of section 17, such possession shall not be liable to be challenged on that ground in any Court. The Collector shall in such a case tender and pay that amount within three months after such commencement.
(6) Any person convicted and punished under the State Act before the commencement of the Land Acquisition (Rajasthan Amendment) Act, 1987 shall not be liable to enhanced punishment as provided in section 46.
(7) Notwithstanding anything otherwise contained in clause first of sub-section (1) of section 23, in determining the amount of compensation to be awarded in a proceeding pending on the date of extension the market value of the land at the date of the publication of the order under section 4 of the State Act shall be taken into consideration.
(8) In a proceeding where the amount of compensation has been determined before the commencement of the Land Acquisition (Rajasthan Amendment) Act, 1987 whether by the Collector by the Court the amounts in addition to the market value of the land as specified in sub -section (1A) and sub-section (2) of section 23 shall be further paid, after adjustment of any sum paid earlier under the said sub-sections, by the Collector to the persons to whom compensation was payable or paid. These amounts shall be payable in every proceeding and in regard to every award as specified in sub-sections (1) and (2) of section 30 of the Land Acquisition (Amendment) Act, 1984 (68 of 1984).
(9) Where in the cases as specified in sub-sections (2) and (3) of section 30 of the Land Acquisition (Amendment) Act, 1984 (68 of 1984) interest is payable or has been paid under section 28 or section 34, the amount of such interest shall be re-determined and paid after adjustment of any sum paid earlier under the said sections by the Collector at the respective rates specified in and in accordance with the provisions of the said sections as amended by the said Act.
(10) In a matter where award has been made after the date of extension and section 28A is applicable, an application under the said section, if not made earlier, may be made within three months from the commencement of the Land Acquisition (Rajasthan Amendment) Act, 1987.
(11) Notwithstanding the coming into force of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), the first proviso to sub-section (1) of section 11 shall become applicable in the State of Rajasthan on the commencement of the Land Acquisition (Rajasthan Amendment) Act, l987.” [ Vide Rajasthan Act 8 of 1987, sec. 2 (w.e.f. 4-4-1987)].
1. Subs. by Act 68 of 1984, sec. 2, for “the territories which, immediately before the 1st day of November, 1956, were comprised in Part B States, and” (w.e.f. 24-9-1984).
2. Ed. This State Amendment relates to sub-section (2) prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).
3. This State Amendment relates to sub-section (2) prior to its Amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).
4. Ins. by Act 68 of 1984, sec. 3 (w.e.f. 24-9-1984).
5. Subs. by the A.O. 1950, for “Provincial Government”.
6. Ins. by Act 68 of 1984, sec. 3 (w.e.f. 24-9-1984).
7. Subs. by the A.O. 1950, for “Provincial Government”.
8. Subs. by Act 68 of 1984, sec. 3, for clause (e) (w.e.f. 24-9-1984).
9. Ed. This State Amendment relates to sub-section (2) prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).
10. Ins. by the A.O. 1950.
11. Subs. by Act 68 of 1984, sec. 3, for clause (f) (w.e.f. 24-9-1984).
12. This State Amendment relates to clause (f) prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).
13. This State Amendment relates to clause (f) prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).
14. Subs by Act 68 of 1984, sec. 3, for “Chapter XXXI of the Code of Civil Procedure, 1882 (14 of 1882)” (w.e.f. 24-9-1984).
15. Subs. by the A.O. 1950, for “Provincial Government”.
16. Ins. by Act 38 of 1923, sec. 2.
17. Ins. by Act 68 of 1984, sec. 4 (w.e.f. 24-9-1984).
18. Ins. by Act 38 of 1923, sec. 3.
19. Subs. by Act 68 of 1984, sec. 5, for “within thirty days after the issue of the notification” (w.e.f. 24-9-1984).
20. Subs. by Act 68 of 1984, sec. 5, for “either in person” (w.e.f. 24-9-1984).
21. Subs. by Act 13 of 1967, sec. 2, for certain words (w.e.f. 12-4-1967).
22. Subs. by the A.O. 1950, for “Provincial Government”.
23. Ed. This State Amendment relates to section 5A prior to its amendment made by Central Act 68 of 1984 (w.e.f. 24-9-1984).
24. Ed. This State Amendment relates to sub-section (2) prior to its amendment made by Central Act 13 of 1967 (w.e.f. 12-4-1967).
25. Subs. by Act 38 of 1923, sec. 4, for “whenever it appears to the Local Government”.
26. Subs. by the A.O. 1950, for “Provincial Government.”
27. Ins. by Act 13 of 1967, sec. 3 (w.e.f. 12-4-1967).
28. Subs. by Act 13 of 1967, sec. 3, for the proviso (w.e.f. 12-4-1967).
29. Subs. by Act 68 of 1984, sec. 6, for the first proviso (w.e.f. 24-9-1984).
30. Subs. by Act 13 of 1967, sec. 3, for “Provided that” (w.e.f. 12-4-1967).
31. Ins. by Act 68 of 1984, sec. 6 (w.e.f. 24-9-1984).
32. Subs. by Act 13 of 1967, sec. 3, for “The declaration” (w.e.f. 12-4-1967).
33. Subs. by Act 68 of 1984, sec. 6, for, “, and shall state” (w.e.f. 24-9-1984).
34. Subs. by the A.O. 1950, for “Provincial Government”.
35. Ed. This State Amendment relates to sub-section (1) prior to its amendment made by Central Act 13 of 1967 (w.e.f. 12-4-1967).
36. Subs. by the A.O. 1950, for “Provincial Government”.
37. Subs. by Act 68 of 1984, sec. 7, for “registered under Part III of the Indian Post Office Act, 1866 (14 of 1866)” (w.e.f. 24-9-1984).
38. Section 11 re-numbered as sub-section (1) of that section by Act 68 of 1984, sec. 8 (w.e.f. 24-9-1984).
39. Ins. by Act 38 of 1923, sec. 5.
40. Ins. by Act 68 of 1984, sec. 8 (w.e.f. 24-9-1984).
41. Ins. by Act 68 of 1984, sec. 9 (w.e.f. 24-9-1984).
42. Ins. by Act 68 of 1984, sec. 10 (w.e.f. 24-9-1984).
43. Subs. by Act 68 of 1984, sec. 11, for “Code of Civil Procedure, 1882 (14 of 1882)” (w.e.f. 24-9-1984).
44. Ins. by Act 68 of 1984, sec. 12 (w.e.f 24-9-1984).
45. Subs. by the A.O. 1937, for “vest absolutely in the Government”.
46. Subs. by the A.O. 1950, for “Crown”.
47. Subs. by the A.O. 1950, for “Provincial Government”.
48. Subs. by Act 68 of 1984, sec. 13, for certain words (w.e.f. 24-9-1984).
49. Subs. by the A.O. 1937, for “vest absolutely in the Government”.
50. Subs. by the A.O. 1950, for “Crown”.
51. Ins. by Act 68 of 1984, sec. 13 (w.e.f. 24-9-1984).
52. Added by Act 38 of 1923, sec. 6.
53. Subs. by the A.O. 1950, for “Provincial Government”.
54. Subs. by Act 68 of 1984, sec. 13, for “after the publication of the notification” (w.e.f. 24-9-1984).
55. The word “and” omitted by Act 68 of 1984, sec. 14 (w.e.f. 24-9-1984).
56. Ins. by Act 68 of 1984, sec. 14 (w.e.f. 24-9-1984).
57. Subs. by Act 38 of 1923, sec. 7, for “declaration relating thereto under section 6”.
58. Ins. by Act 68 of 1984, sec. 15 (w.e.f. 24-9-1984). See section 30 (1) of Act 68 of 1984, regarding its application to proceedings pending on or after 30-4-1982.
59. Subs. by Act 68 of 1984, sec. 15, for “fifteen per centum” (w.e.f. 24-9-1984). See section 30 (2) of Act 68 of 1984, regarding its application to certain awards made and order passed after 30-4-1982.
60. The word “or” omitted by Act 68 of 1984, sec. 16 (w.e.f. 24-9-1984).
61. Subs. by Act 38 of 1923, sec. 8, for “declaration under section 6.”.
62. Ins. by Act 68 of 1984, sec. 16 (w.e.f. 24-9-1984).
63. Subs. by Act 68 of 1984, sec. 17, for section 25 (w.e.f. 24-9-1984).
64. Section 26 renumbered as sub-section (1) of that section by Act 19 of 1921, sec. 2.
65. Added by Act 19 of 1921, sec. 2.
66. See Act 68 of 1984, section 30 (2), regarding its application to certain awards made and orders passed after 30-4-1982.
67. Subs. by Act 68 of 1984, sec. 18, for “six per centum” (w.e.f. 24-9-1984).
68. Ins. by Act 68 of 1984, sec. 18 (w.e.f. 24-9-1984).
69. Ins. by Act 68 of 1984, sec. 19 (w.e.f. 24-9-1984).
70. Subs. by the A.O. 1950, for “Provincial Government”.
71. See Act 68 of 1984, section 30(3), regarding its application to certain cases of possession of acquired land before, on or after 30-4-1982.
72. Subs. by Act 68 of 1984, sec. 20, for “six per centum” (w.e.f. 24-9-1984).
73. Ins. by Act 68 of 1984, sec. 20 (w.e.f. 24-9-1984).
74. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
75. Subs. by the A.O. 1950, for “Provincial Government”.
76. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
77. Subs. by the A.O. 1950, for “Provincial Government”.
78. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
79. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
80. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
81. Ins. by Act 16 of 1933, sec. 6.
82. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
83. Subs. by the A.O. 1950, for “Provincial Government”.
84. Subs. by Act 68 of 1984, sec. 23, for “section 6 to 37 (both inclusive)” (w.e.f. 24-9-1984).
85. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
86. Subs. by the A.O. 1950, for “Provincial Government”.
87. Ins. by Act 38 of 1923, sec. 9.
88. Subs. by Act 16 of 1933, sec. 3, for clause (a).
89. Ins. by Act 31 of 1962, sec. 3 (w.e.f. 12-9-1962).
90. Subs. by Act 16 of 1933, sec. 3, for clause (b).
91. Subs. by the A.O. 1950, for “Provincial Government”.
92. Subs. by Act 68 of 1984, sec. 24, for “Code of Criminal Procedure, 1882 (14 of 1882)” (w.e.f. 24-9-1984).
93. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
94. Certain words omitted by Act 38 of 1923, sec. 10.
95. Subs. by the A.O. 1950, for “Provincial Government”.
96. Ins. by Act 38 of 1923, sec. 10.
97. Subs. by Act 31 of 1962, sec. 4, for certain words (w.e.f. 12-9-1962).
98. Certain words omitted by Act 32 of 1920, sec. 2 and Sch. I, Pt. I.
99. Subs. by the A.O. 1937, for “with the Secretary of State for India in Council”.
100. Subs. by the A.O. 1937, for “payment to Government”.
101. Subs. by Act 16 of 1933, sec. 4, for clause (4).
102. The word “and” omitted by Act 31 of 1962, sec. 4 (w.e.f. 12-9-1962).
103. Ins. by Act 31 of 1962, sec. 4 (w.e.f. 12-9-1962).
104. Subs. by Act 16 of 1933, sec. 4, for clause (5).
105. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
106. The words “in the Gazette of India, and also” omitted by A.O. 1937.
107. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
108. Rep. by this Act.
109. Subs. by the A.O. 1937, for certain words.
110. Subs. by the A.O. 1948, for “or any Government in British India ”.
111. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
112. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
113. Ins. by Act 31 of 1962, sec. 5 (w.e.f. 12-9-1962).
114. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
115. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
116. Subs. by Act 68 of 1984, sec. 25, for “regis­tered under Part III of the Indian Post Office Act, 1866” (14 of 1867) (w.e.f. 24-9-1984).
117. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
118. Subs. by Act 68 of 1984, sec. 26 for “fifty rupees” (w.e.f. 24-9-1984).
119. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
120. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
121. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
122. Subs. by the A.O. 1950, for “Provincial Government”.
123. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
124. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
125. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
126. Ins. by Act 68 of 1984, sec. 27 (w.e.f. 24-9-1984).
127. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
128. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
129. Subs. by Act 68 of 1984, sec. 28, for “Code of Civil Procedure, 1882 (14 of 1882)”.
130. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
131. Subs. by Act 19 of 1921, sec. 3, for section 54.
132. Subs. by the A.O. 1950, for “His Majorty in Council”.
133. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p. 32, for Report of the Select Committee, see Gazette of India., 1894, Pt. V. p.23 and for proceedings in Council, see Gazette of India, 1892, Pt. VI, p. 25 and Gazette of India, 1894, pp.19, 24 to 42.
134. Subs. by the A.O. 1950, for “Provincial Government”.
135. The words “subject to the control of Governor General in Council ” inserted by Act 4 of 1914, sec. 2 and Sch., Pt. I, and omitted by Act 38 of 1920, sec. 2 and Sch. I, Pt. I.
136. Added by Act 31 of 1962, sec. 6 (w.e.f. 12-9-1962). Previously proviso was added by Act 38 of 1920, sec. 2 and Sch. I, Pt. I and omitted by the A.O. 1937.
137. Subs. by Act 68 of 1984, sec. 29, for certain words (w.e.f. 24-9-1984).
138. Ins. by Act 68 of 1984, sec. 29 (w.e.f. 24-9-1984).
139. The words “when sanctioned by the Governor General in Council” omitted by Act 4 of 1914, sec. 2 and Sch. I, Pt. I.