The Land Acquisition Act, 1894
ACT NO.1 OF 1894
[AS ON 1955]
An Act
to amend the law for the acquisition of land for public purposes and
for Companies.
WHEREAS it is expedient
to amend the law for the acquisition of land needed for public
purposes and for Companies and for determining the amount of
compensation to be made on account of such acquisition; It is hereby
enacted as follows:-
PART I
PRELIMINARY
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 Part
B States; and
(3) It shall come into force on the first day
of March, 1894.
(Part I - Preliminary)
2.[Repeal ] Rep.party
by the Repealing and Amending Act, 1914 (10 of 1914), s.3 and
Sch.II, and partly by the Repealing Act, 1938 (1 of 1938), s.2and
Sch.
3.Definication:- 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
fastended to anything attached to the earth;
(b) the
expression " person interested" includes all persons claiming an
interest in compensation to be made on accout 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;
(c) the expression "Collector" means the Collector of a
district, and includes a Depurty Commissioner and any officer
specially appointed by the appropriate Government to perform the
function of a Collector under this Act;
(d) the expression
"Court" means a principal Civil Court of original jurisdiction,
unless the appropriate Government has appointed (as it is hereby
empowered to do) a special juducial officer within any specifed
lacal limits to perfom the functions of the Court under this
Act;
(e) the expression "Company" means a Company registered
under the {See now the Indian Companies Act, 1913( 7 of 1913)}
Indian Companies Act, 1882, or under the (English) Companies Acts,
1862 to 1890, or incorporated by an Act of Parliament {Ins.by the
A.O.1950.} [ of the United Kingdom] or by an Indian law, or by Royal
Charter or Letters Patent {Ins.by Act 17 of 1919, s.2.}[ and
includes a society registered under the Societies Registration Act,
1860, and a registered society within the meaning of the
Co-operative Societies Act, 1912];
{Ins.by the
A.O.1950.}[(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 purposes, the State Government].
(f)The expression "
public purpose" includes the provision of village-sites In districts
in which the appropriate Government shall have declared by
notification in the Official Gazette that it is customary for the
Government to make such provision; and
(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
the guardians
of minors and the committees or managers of lunatics or idiots shall
be deemed respectively the persons so entitled to act, 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 interest 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
{See now the Code of Civil Procedure, 1908 (5 of 1908), Sch.I Order
XXXII.} Chapter XXXI of the Code of Civil Procedure 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 purphase- many on a voluntary sale.
PART II
ACQUISITION
Preliminary
investigation
{As to amendments with which this section
should be read when land is required for the purposes of a Company,
See s.38 (2) , infra.)
(A protected monument may be acquired
under this Act as if its preservation were a "public purpose" within
the meaning of the Act, see s.10 of the Ancient Monuments
Preservation Act, 1904 (7 of 1904).} 4.Publication of preliminary
notification and powers of officers of there upon:- (1) Whenever it
appears to the appropriate Government that land in any locality
{Ins.by Act.38 of 1923, s.2.} [ is needed or ] is likely to be
needed for any public purpose, a notification to that effect shall
be published in the Official Gazette, and the Collector shall cause
public notice of the substance of such notification to be given at
convenient places in the said locality.
(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 into the subsoil
;
to do all other acts necessary to ascerttain 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
:
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.
5.Payment for damage:-The
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, he shall at once refer the dispute to the decision of the
Collector or other chief revenue- offecer of the district, and such
decision shall be final.
[Objections {Ins.by s.3,
ibid.}
5 A.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 after the issue of the notification, object to
the acquisition of the land or of any land in the locality, as the
case may be.
(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 either in person or by
pleader and shall, after hearing all such objections and after
making such further inquiry, if any, as he thinks necessary, submit
the case for the decision of the appropriate Government, together
with the record of the proceedings held by him and a report
containing his recommendations on the objections,The decision of the
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.]
Declaration of intended acquisition
6.Declaration that land is
required for a public purpose:- (1) Subject to the provisions of
Part VII of this Act , {Subs.by Act 38 of 1923, s.4.for "whenever it
appears to the L.G."}[when the appropriate Government is satisfied,
after considering the report, if any, made under section 5 A,
sub-Section (2),] that any particular land is needed for 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 :
Provided that
no scuh 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.
(2 ) The declaration shall be published in
the Official Gazette, and 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 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 appropriate Government may acquire the land in manner
hereinafter appearing.
7.After declaration Collector
to take order for acquisition:- Whenever any shall have been so
declared to be needed for a public purpose or for a Company the
appropriate Government, or some officer authorised by the
appropriate Government in this behalf, shall direct the Collector to
take order for the acquisition of the land.
8.Land to be marked out,
measured and planned:-The Collector shall thereupon cause the
land (unless it has been already marked out under section 4 ) to be
marked out.He shall also cause it to be measured, and if no plan has
been made thereof , a plan to be made of the same.
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 interest in such land may be
made to him.
(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 agenty before the Collector at a time and
place therein mentioned (such time not being earlier that fifteen
days after the date of publication of the notice), and to state the
nature of their respective interest 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 entitled to act for persons so interesed a s 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
registered under Part III of the {See now the Indian Post Office
Act, 1898 (6 of 1898).}
Indian Post Office Act, 1866.
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 therof as
co-proprietor, sub-proprietor, mortagagee, 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.
(2) Every person
required to make or deliver a statment 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.
Enquiry into
measuremnts, value and claims, and award by the Collector
11.Enquiry and award by
Collector:- 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 sectiuon 8 , and into the value of the land {Ins.by Act 38 of
1923, s.5}[ 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,
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 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
the 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.
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.
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 {See now the Code of Civil Procedure, 1908 (5 of
1908).} Code of Civil Procedure.
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.
Taking
possession
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 vest
absolutely in the Government, free from all encumbrances.
17.Special powers in cases 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 notice mentioned in section 9, sub-section (1), take possession
of any waste or arable land needed for public purposes or for a
Company.Such land shall thereupon vest absolutely in the 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, 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 hour's notice of his intention so to
do, or such longer notice as may be reasonably sufficient to enable
such occupier to remobe his movable property from such building
without unecessary 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 cases, 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.
{Ins.by Act 38 of
1923, s.6}[(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 appropriate Government may
direct that the provisions of section 5A shall not apply, and, if it
does not so direct, a declaration may be made under section 6 in
respect of the land at any time after the publication of the
notification under section 4, sub-section (1).]
PART III
REFRENCE TO COURT AND PROCEDURE
THEREON
18.Reference to Court:- (1)
Any person interested who has not accepted the award may, be 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 appropriate
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.
19.Collectors 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 reason to
think interested in such land;
(c) the amount awarded for
damages and paid for tendered under sections 5 and 17, or either of
them, and the amount of compensation awarded under section 11;
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.
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
apperance 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) if the objection is in regard
to the area of the land or to the amount of the compensation, the
Collector.
21.Restriction on scope of
proceedings:- The scope of the inquiry in every such proceedings
shall be restrcited 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, 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
{Subs, by Act 38 of 1923, s.7, for "declaration relating thereto
under s.6."} [notification under section 4, sub-section
(1)];
secondly, the damage 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 taking
possession of the l;and, by the 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 the 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.
(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.
Comment: "It is settled law
that the burden of proof of market value prevailing as on the date
of publication of Section 4(1) notification is always on the
claimants. Though this Court has time and again pointed out the
apathy and blatant lapse on the part of the acquiring officer to
adduce evidence and also improper or ineffective or lack of interest
on the part of the counsel for the State to cross-examine the
witnesses on material facts, it is the duty of the Court to
carefully scrutinise the evidence and determine just and adequate
compensation. If the sale deeds are fond to be genuine, the market
value mentioned therein must be presumed to be correct. If the
genuineness is doubted, it cannot be relied upon, Proper tests and
principles laid down by this Court must be applied to determine
compensation." Hookiyar Singh
v. Special Land Acquisition Officer, Moradabad AIR 1996 SUPREME
COURT 3207
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, if caused by
a private person, would not render such persons 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 accure from the use to
which the land acquires will be put; or
seventhly, any outlay
or improvements on, or disposal of, the land acquired, commenced,
made or affected without the sanction of the Collector after the
date of the publication of the {Subs, by Act 38 of 1923, s.8, for
"declaration under s.6."}[notification under section4, sub-section
(1)].
25.Rules as to
amount of compensation:- (1) When the applicant has made a claim
to compensation, pursuant to any notice given under section 9, the
amount awarded to him by the Court shall not exceed the amount so
claimed or be less than the amount awarded by the Collector under
section 11.
(2) when the applicant has refused to make such
claim or has omitted without sufficient reason (to be allowed by the
Judge) to make such claim, the amount awarded by the Court shall in
no case exceed the maount awarded by the Collector.
(3) When
the applicant has omitted for a sufficient reason (to be allowed by
the Judge) to make such claim, the amount awarded to him by the
Court shall not less than, and may exceed, the amount awarded by the
Collector.
(S.26 was
re-numbered as sub-section (1) of that section by Act 19 of
1921.s.2.)[26.Form of awards:- (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.
{Ins.by s.2, Act 19 of
1921.}[(2) every such award shall be deemed to be a decree and the
statement of the grounds of every such award a judgement within the
meaning of section 2, clause (2) and section 2, clause (9),
respectively, of the Code of Civil Procedure, 1908.]
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 ordinarlily 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.
28.Collector
may be directed to pay interest on excess compensation:- If the
sum which, in the poinion of the Court, the Collector ought to have
a 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 six per centum from the date on which he took possession of
the land to the date of payment of such excess into Court.
PART IV
APPORTIONMENT OF
COMPENSATION
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 consclusive evidence
of the correctness of the apportionment.
30.Disputes 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
to any part thereof is payable, the Collector may refer such dispute
to the decision of the Court.
PART V
PAYMENT
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 entitlted thereto according to the
award and shall pay it to them unless prevented by some one or more
of the contigencies 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 the 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 under the same title, or in such
other way as may be equitable having regard to the interests 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 (As to persons who are competent to
contract, see s.11 of the Indian Contract Act, 1872 (9 of
1872).)competent to contract in respect thereof.
32.Investment of money
deposited in respect of lands belonging to persons in competent 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 has 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
investmnet 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 thereto, 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 amy be occasioned by litigation between
adverse claimants.
33.Investment of money
deposited in other cases:- When any money shal 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
appliation 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 amy think proper, and may direct the
interest or other proceeds of any such investment to be accumulated
and paid in such manner as it amy consider will give the parties
interested therein the same benefit thereform as they might have had
from the land in respect whereof such money shall have been
deposited or as near thereto as may be.
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 six per centum
per annum from the time of so taking possession until it shall have
been so paid or deposited.
PART VI
TEMPORARY OCCUPATION OF LAND
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 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 term as it shall think fit, not exceeding
three years from the 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 moneys , 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.
36.Power to
enter and take possession, and compensation on
restoration:- (1) On payment of such compensation,
or on excuting 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
persons interested therein:
Provided that, if the
land has become permanently unfit tobe used to the purpose for which
it was used immediately before the commencement of such term, and if
the persons interested shall so require the 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.
37.Difference
as to condition on 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.
PART VII
ACQUISITION OF LAND FOR COMPANIES
38.Company may
be authorised to enter and survey:- (1) {The words "Subject to such rules
as the G.G.of India in C.may from time to time prescribe in this
behalf" rep.by s.2 and Sch.I of Act 38 of 1920.} The appropriate
Government may authorise any officer of any Company desiring to
acquire land for its purposes to exercise the powers conferred by
section 4.
(2) In every such case
section 4 shall be constructed as if for the words "for such
purpose" the words "for the purposes of the Company" were
substituted; and section 5 shall be construted as if after the words
"the officer" the words "of the Company" were inserted.
{Ins, by Act 16 of 1933,
s.6.}[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 hosuses 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 5A, 6, 7, 17 and 50 shall be interpreted as
references also to such concern.]
39.Previous
consent of appropriate Government and execution of agreement
necessary:-The provisions of section 6 to 37 (both
inclusive) shall not be put in force in order to acquire land for
any Company, unless with the previous consent of the appropriate
Governmnet, nor unless the Company shall have executed the agreement
hereinafter mentioned.
40.Previous
enquiry:-
(1) Such consent shall not be given unless the appropriate
Government be satisfied, {Ins, by Act 38 of 1923, s.9}[either on the
report of the Collector under Section 5A, Sub-section (2), or] by an
enquiry held as hereinafter provided,---
{Subs, by Act 16 of
1933, s.3, for the original clauses (a) and (b).}[(a) that the
purposes of the acquistion 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
(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 be held
by such officer and at such time and place as the 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 {See now the Code of Civil
Procedure, 1908 (5 of 1908).} Code of Civil Procedure in the case of
a Civil Court.
41.Agreement
with appropriate Government:- {The words "Such officer shall report
to the L.G.the result of the enquiry and" were rep.by Act 38 of
1923, s.10.} If the appropriate Government is satisfied {Ins, by
s.10, ibid.} [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 sub-section 40] that {Ins, by Act 16 of
1933, s.4.) [the purpose of the proposed 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 that] the proposed acquisition is needed for the
construction of a work, and that such work is likely to prove useful
to the public, it shall {The words "Subject to such rules as the
G.G.in C.may from time to time prescribe in this behalf" rep.by Act
38 of 1920, s.2 and Sch.I.} require the Company to enter into an
agreement with the appropriate Government, providing to the
satisfaction of the appropriate Government for the following
matters, namely:----
(1) the payments to the
appropriate Government of the cost of the acquisition;
(2) The transfer, on
such payment, of the land to the Company;
(3) the terms on which
the land shall be held by the Company;
{Subs, by Act 16 of
1933, s.4, for the original clauses (4) and (5).} [(4) where the
acquisition is for the purpose of erecting dwelling houses or the
provision of amenities connected therwith, the time within which,
the conditions on which and the manner in which the dwelling houses
or amenities shall be erected or provided; and
(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.]
42.Publication
of agreement:- Every such agreement shall, as soon as
may be after its execution, be publised {The words "in the Gazette
of India and also" rep.by the A.O.1937.} in the Official Gazette and
shall thereupon (so as 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:-
The provisions of sections 39 to 42, both inclusive, shall not apply
and the corresponding section of the {Rep.by this Act.} Land
Acquisition Act, 1870, shall be deemed never tohave applied, to the
acquisition of land for any Railway or other Company, for the
purposes of which, {Subs, by the A.O.1937, for "under any agreement
between such company and the Secretary of State for India in
Council, the Government is, or was bound to provide land"} [under
any agreement with such Company, the Secretary State for India in
Council, the Secretary of State, the Central Government of 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.
PART VIII
MISCELLANEOUS
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 or by 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 thererin named ordinarily
dwells or carries on business, or by fixing a copy thereof in some
conspicous place in the office of the officer aforesaid or of the
Collector or in the Court-house, and also in some conspicous 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 registered under Part
III of the {See now the Indian Post Office Act, 1898 (6 of 1898).}
Indian Post Office Act, 1866, and service of it may be proved by the
production of the addressee's receipt.
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 fils up, destroys, damages or displace 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 fifty rupees, or to both.
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 fo 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 Commissioner (as the case may be ) shall
enforce the surrender of the land to the Collector.
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 to 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.
49.Acquisition
of part of house of 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 desire 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 wriitng, 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), thridly, by a person
interested, on account of the severing of the land to be acquired
from his other land, the 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
appropriate Government to the person interested, and shall
thereafter proceed to make his award under section 11.
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 and incidental to such acquistion 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.
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.
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 months's previous notice in writing of the
intended proceeding, and of the cause thereof, nor after tender of
sufficient amends.
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 (See now the Code of Civil
Procedure, 1908 (5 of 1908).} Code of Civil Procedure shall apply to
all proceedings before the Court after this Act.
{Subs, by Act
10 of 1921, s.3.} [54.Appeals in proceedings before
Court:-
Subject to the provisions of the Code of Civil Procedure, 1908
applicable to appeals from the 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 form any part of the award, of the
Court and from any decree of the High Court passed on such appeal as
aforesaid as appeal shall lie of the Supreme Court subject to the
provisions contained in section 110 of the Code of Civil Procedure,
1908, and in Order XLV thereof.]
to make rules
consistent with this Act for the guidance of officers in
55.Power to
make rules:- (1) The appropriate Government shall
{The words "subject to the control of the G.G.in C." were rep.by Act
38 of 1920, s.2 and Sch.I} have power all matters connected with its
enforcement, any may from time to time alter and add to the rules so
made.{The provisio was rep.by the A.O.1937.}
(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 {The words "when sanctioned by the
G.G.in C." were rep.by Act 4 of 1914, s.2 and Sch., Pt.I} be
published in the Official Gazette, and shall thereupon have the
force of law.