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LAND ACQUISITION ACT

Ministry of Law and Justice

Act nº 1 of 1894


  • Part 1
  • Part 2
  • Part 3
  • Part 4
  • Part 5
  • Part 6
  • Part 7
  • Part 8
  • Act nº 1 of 1894

Preamble

THE LAND ACQUISITION ACT, 1894

[Act No. 1 of 1894] 1

[2ndFebruary, 1894]

PREAMBLE

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:--

1. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p.32, for Report of the Select Committee, see ibid., 1894, Pt. V. p.23 and for proceedings in Council, see ibid., 1892. Pt. VI, p.25 and ibid., 1894, pp.19, 24 to 42.

This Act has been declared to be in force in the Santhal Parganas by the Santhal Parganas Settlement Regulations, 1872 (3 of 1872), section3; in the Khondmals Districtby the Khondmals Laws Regulations, 1936 (4 of 1936), Section 3 and Schedule; and in the Angul District by the Angul Laws Regulations, 1936 (5 of 1936), section3 and Schedule

It 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-Calcutta Gazette, 1899, Pt.I, p.44) and Manbhum, and in Pargana Dhalbhum and the Kolhan in the District of Singhbhum-Gazette of India, 1894, Pt.I. p.400; and (2) the District of Palamau, Gazette of India, 1894; Pt.I, p.639.

This Act has been amended in its application to-

(1) Madras City and its neighbourhood by the Madras City Improvement Trust Act, 1945 (Madras Act 16 of 1945), as re- enacted temporarily up to 29thApril, 1949 by the Madras Re-enacting the Repealing (No.1) Act, 1948 (Madras Act 7 of 1948);

(2) the Province of Bombay by the Land Acquisition (Bombay Amendment) Act, 1938 (Bombay Act 18 of 1938);

(3) the Province of Bengal by the Land Acquisition (Bengal Amendment) Act, 1934 (Bengal Act 2 of 1934);

(4) the U.P. by the U.P. Roadside Land Control Act, 1945 (U.P. Act 10 of 1945) as re-enacted by the U.P. Expiring Laws Continuance Act, 1948 (U.P. Act 13 of 1948);

(5) Cawnpore Urban Area by the Cawnpore Urban Area Development Act, 1945 (U.P. Act 6 of 1945) as re-enacted by U.P. Act 13 of 1948;

(6) the Province of Bihar by the Bihar Restriction of Uses of Land Act, 1946 (Bihar Act 8 of 1946);

(7) the Central Provinces and Berar by the C.P. and Berar Land Acquisition (Amendment) Act, 1939 (C.P. and Berar Act 27 of 1939);

For modification in this Act to make provision for the acquisition of land in certain Municipal area, see-

1. the Calcutta Improvement Act, 1911 (Bengal Act 5 of 1911), section 71 and Schedule,

2. the Calcutta Municipal Act, 1923 (Bengal Act 3 of 1923), section 475,

3. the City of Bombay Improvement Trust Transfer Act, 1925 (Bombay Act 16 of 1925),

4. the U.P. Town Improvement Act, 1919 (U.P. Act 8 of 1919), section 59 and Schedule,

5. the Punjab Town Improvement Act, 1922 (Punjab Act 4 of 1922), section 59 and Schedule,

6. the Darbhanga Improvement Act, 1934 (B & O Act 4 of 1934), section 411,

7. the C.P. Municipalities Act, 1922 (C.P. Act 2 of 1922), section 239 and Schedule, and

8. the Nagpur Improvement Trust Act, 1936 (C.P. Act 1936), section61 and Schedule


Part 1

Section 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 1[except the State of Jammu and Kashmir]

(3) It shall come into force on the 1st day of March, 1894.

1. Substituted by Act 68 of 1984, section 2 w.e.f. 24-9-1984.


Section 2. Repeal and saving

[Repealed partly by the Repealing and Amending Act, 1914 (X of 1914) Section 3 and Schedule II and partly by the Repealing Act, 1938 (1 of 1938) Section 2 and Schedule]

Section 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 fastended to anything attached to the earth;

1["(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 accout of the acquisition of land under this Act; and a person shall be deeme 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 Deputy Commissionerand any officer specially appointed by the Appropriate Government to perform the functions of a Collector under this Act;

2["(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 cent 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 Appropriate Government has appointed (as it is hereby empowered to do) a special judicial officer within any specified local limits to perform the functions of the Court under this Act;

(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);

(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;

3[(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 is placed 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;

(g) the following persons shall be deemed persons "entitled to act" as and to the extent hereinafter provided (that is to say)-

(i) 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

(ii) the 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 4[Order XXXI 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 many on a voluntary sale.

1. Inserted by ibid., section 3 w.e.f. 24-9-1984.

2. Inserted by ibid., section 3 w.e.f. 24-9-1984.

3. Substituted by Act 68 of 1984, section 3 w.e.f. 24-9-1984.

4. Substituted by Act 68 of 1984, section 3 w.e.f. 24-9-1984.


Part 2

Section 4. Publication of preliminary notification and powers of officers thereupon

Preliminary Investigation

4. Publication of preliminary notification and powers of officers thereupon.-

(1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose or for a company a notification to that effect 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 Collector 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 publication of the notification].

(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:

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.

Section 5. Payment for damage

Preliminary Investigation

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 Officer of the district, and such decision shall be final.

Section 5A. Objections : 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.

(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 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, 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 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.]

Section 6. Declaration that land is required for a public purpose

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, when the 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 an 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 (!), irrespective of whether one report or different reports has or have been made (wherever required) under section 5-A, sub-section (2):

1[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 but before the commencement of the Land Acquisition (Amendment) Act, 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:

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.]

2[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].

(2) Every declaration shall be published in the Official Gazette, 3[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 Appropriate Government may acquire the land in manner hereinafter appearing.

1. Substituted by Act 68 of 1984, section 6 w.e.f. 24-9-1984.

2. Inserted by ibid.

3. Substituted by Act 68 of 1984, section 6 w.e.f. 24-9-1984.


Section 7. After declaration, Collector to take order for acquisition

Declaration of intended acquisition

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 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.

Section 8. Land to be marked out, measured and planned

Declaration of intended acquisition

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.

Section 9. Notice to persons interested

Declaration of intended acquisition

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.

(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 1[registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)].

1. Substituted by Act 68 of 1984, section 7 w.e.f. 24-9-1984.


Section 10. Power to require and enforce the making of statements as to names and interests

Declaration of intended acquisition

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, 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.

(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.

Section 11. Enquiry and award by Collector

Enquiry into measurements, value and claims and award by the Collector

11. Enquiry and award by Collector.-

1 [(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 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:

2[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];

3[(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 anyway 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.]

1. Section 11 re-numbered as sub-section (1) thereof by Act 68 of 1984, section 8

2. Inserted by Act 68 of 1984, section 8 w.e.f. 24-9-1984.

3. Inserted by Act 68 of 1984, section 8 w.e.f. 24-9-1984.