TheLand AcquisitionAct, 1894.(Act No. I of 1894)Contents.Tire La"dAcquisitioll Act, 1894PART.PRELIMINARYI. Short title, Extent and Commencement. ,.. 1.:2. Repeal and saving 13. Definations..................................................................................................................... 1PART IIACQUISITIONPRELIMINARYINVESTIGATION4. Publication of preliminary notification and powers of officers upon S5. Payment fordaInage __ 5OBJECTIONSSA. Hearing ofobjections 6DECLARATION6. Declaration that land is required for a public purpose 67. After declaration, Collector 10 take order for acquisition 98. Land to be marked oul, measured and planned 99. Notice to person interesled 910. Power to require and enforce the making of statements as to namcsand interests 10ENQUIRY INTO MEASUREMENTS, VALUE AND CLAIMS AND AWARDBYTHECOLLECTORII. Enquiry and award by Collector , 10II A.Period within whieh an award shall be made ll12. Award ofColiCClor when to be fmaL., 1113. Adjournment ofenquiry , 1113A.Correction ofclerical errors, etc ,.., 1114. Power to summon and enforce anendance of witnesses and production of documents1215. Maners to be considered and negiected, 12ISA.Power to call for recorr.s, etc , 12TAKING POSSESSION16. Power to take possession 1217. Special powers in cases ofurgency , 13IV The land Acquisition Act, 1894PART IIIREFERENCE TO COURT AND PROCEDURE THEREON18. Reference to coun , _ 1519. Collector's statement 10 the court 1520. Service ofNotice _ 1521. Restriction on Scope of proceedings 1522. Proceeding 10 be in open court 1623. Matters to be considered in detennining compensation 1624. Matters to be neglected in detennining eompensation 1725. Amount of compensation by court nollo be lowcr than the amountawarded by the Collector 1826. Fonnsofawards , 1827. tOSIs 1828. Collector may be directed bo pay interest on excess compcnsation 1828A.Rc-detennination"Of the amount of compensation on the basis of theaward of the court 19PART IVAPPORTIONMENT OF COMPENSATION29. Particulars of apportionment to be specified 1930. Dispute as 10 apportionment 19PART VPAYMENT31. Payment of compensation or deposit of same in court 1932. Investment of money depositedin respect oflands belonging to personsincompetent to alienate 2033. Investment of money deposited in other cases 2134. Payment of interesI. 21PART VITEMPORARY OCCUPATION OF LAND35. Temporary occupation of waste or arableland, Procedure whendifference as to compensation exists 2136. Power to entcr and take possession, and compensation on rest?ration 2237. Difference as to condition of land 22PART VIIACQUISITION OF LAND FOR COMPANIES38. Company may be authorised to enter and survey 2238A.IndUSIriai concern to be deemed company for certain purposes 2239. Previous c(agreementI40. Previous erl41. Agreement42. Publication43. Sections 3Sto provide I44. How agree]44A.Reslrictiorl44B.Land notI(private con45. Scrviccofr46. Penalty for47. Magistrate48. ComplctiOlawarded wi49. Acquisitior50. Acquisitior51. Exemption51 A.Acceptano52. Notice in c:53. Code ofCi'54. Appeals in55. Powerto mThe land AcquisitIon Act. 1894 v 15........ 15.......... 15: 15I I..................... 16......... 17........... 18:: 18.......... 18........... 18............ 19............ 19:: 1919, 201' 21..............21............21I 22...............'. 22.: 222239. Previous consent of appropriate government and execution of::tgreclllCnt necessary 2240. Previous enquiry 2241. Agreement with appropriate go emment.. 2342. Publication ofagreemcnt 2343. Sections 39 to 42 not to apply whcre government bound by agreement10 provide land for companies 2444. How agreement with railway company may be provcd 2444A.Restriction on transfer, ctc 2444B.l..and nollo be acquired under this Part except for certain purpose forprivate companies other than government companics 24PART VIIIMISCELLANEOUS45. Serviceofnotices 2446. Penalty for obstructing acquisition of land 2547. Magistrate to enforce surrender 2548. Completion ofacquisition.llot compulsory,bUI compensation to beawarded when not completcd 2549. Acquisition of part ofhousc or building 2550. Acquisition of land at cost of local authority or company 2651. Exemption from stamp-duly and fees 26.51 A.Acceptance ofcertified copy as cvidence 2652 Notice in case of suits for anything done in pursuance of Act... 2653. Code of CivilProcudure to apply to proceedings before court 26'54. Appeals in proceedings before court 2.655. PowertOlllakerules 27L,THE LAND ACQUISITIONACT, 1894IAct no. I of 1894, Dated 2nd February, 18941AnAct toamendthelawfor theAcquisition ofLandfor public purposes and forthe companies.Whereas ilis expedient 10 amend the law for the Acquisition of Land neededfor publicpurposes and for companies and for dClcmimining the amount of compensation to be madeon account of such acquisitions.II is hereby cnacted as follows:PARTIPRELlJflNARYJ. Short dtle, Extcnt and Commencement(I) This Act may be called the Land Acquisition Act, 1894.(2) It extends to the whole of India l[cxcept the State of Jammu and Kashmir].(3) It shall come into force on the first day of March, 1894.2. Repeal and saving{Repealed in parr by Ine Repealing ond Amending Act, /9/4 (Xof19/4) seelion 3 andSchedule /I. and later ill pari by the Repealillg Act, /938 (I of /938).]3. DefinalionsIn this Act. unless there is something rcpugnant in the subject or context,-(a) the expression "land" includes benefits to arise out ofland, and things attached tothe canh or pennanently fastcned to anything attached to the earth.l[(aa) the expression "local authority" includes a 10wn planning au\hority (by whalevername called) set up under any law for the time being force;](bY the expression "person interested" includesallpersons claiming aninterestincompensation tobe madeon account of theacquisition of landunder thiS Act;anda person shallbedeemedtobeinterestedinlandif heisinterestedinaneasement affecting the land;(c) the expression "Collector" means theCollectorofa district, and includes a DeputyCommissioner and any officer specialty appointed by the l[ a p prop riat egovcrnment]10 perform Ihc functions ofa Collector under this Act;l[lcC) the expression "corporation ownedor controllcdby theStatc" mcansany bodycorporatc established by or undcr a Central. Provincial or Slatc Act. and includesa government company as definedin section 617 of the Companies Act. 1956, asocielyregisteredunder theSocietics RegistrationAct. 1860, orunder anycom:sponding law for the lime being in force in a Slale. being a socielYestablishedSubs. by Act 68 or 1984. w.e.r. 2491984,1nL by Act b8 or 1984 w.e.! 24-9-198413_ Subs. by the: A.LO. 1950. 4. AddedbYlheALO.1950.2(d)'[(0The Land Acquisition ACI, 1894or administered by go\'emment and a co-operative society within the meaning ofanylaw relating10 coopcrative societyfor thelime beinginforcein anyStalebeinga co-opcrativesocietyinwhichnol lessthan51% of thepaidupsharecapital is heldbytheCentral Government. orbyanyStateGovernment orGovernments, orpartly bytheCenlralGovernment andpartly by onc or moreState Governments;the expression "court" means a principal civil court oforiginal jurisdiction unlessthe government]bas appointed (as it is hereby empowered to do) aspecial judicial officer within any specified local limits to perform thefunctionsof the court under this Act;the expression "company" means-(i) a company as defined in section 3 ofthc CompaniesAct. 1956, other thana government company reffered to in clause (cc):(ii) asociety registeredundertheSocietiesRegistration Act. 1860. or underany corresponding law for thetime being inforceina State. other thanaiety referred to in clause (cc):(iii) a cooperativesocietywithin the meaningof anylawrelatingtoco--opcrative societies for the time being inforcein any State. other than aco--operative society referred to in clause (ec);]the expression "appropriate government" means. in rclation to acquisition oflandfor the purpose of the Union. the Central Government. and. inrelationtoacquisition of land for any other purposes. the Stale Government]the expression "public purposc" includes--(i) thepro,;,;on of ,iIl,ge-,ilo'. 0'the"Ion"on. pl'nnedd"e1opmem 0'improvement of existing villagesites:(ii) the provision ofland for town or rural planning;(iii) the provision ofland for planned development ofland from publie funds inpursuance ofany scheme or policy ofgovernment and subsequent disposalthereof inwhole orinpart by lease. assignment or outrightsalewiththeobject of securing further development as planned:(iv) the provision of land for a corporation owned or controlled by the State;(v) the provision of landforreSidential purposes 10 the poor or landless or topersonsresidinginareasaffectedbynatural calamities. or topersonsdesplacedoraffectedbyreasonof the implementationof anyschemeundertaken by government. any localauthority or a corporation owned orcontrolled by the Slate:(g)((I. lnl. by Ace 68 of 1984 w,e.(. 24.9-19S42. Subs. by ALD. 19S0. for words -ProvincialJ. Subs. by ACI 68 of 1984.....,e.f. 24-9-1984.4. Addcd by ALD. 19S0.l. Sub. by J(vi) theprovision of landforcarying outany educalional, housing. hcalth orslumclearanceschemesponsoredbygovcrnment orbyanyauthorityestablishedby governmentfor carrying out any such scheme, or. withthepriorapproval of theappropriategovernment. byalocal authority. orasociety registered under the Societies Registration Act. 1860, or under anycorresponding law for the time being inforcein a State. or a eo-operalivesociety within the meaning of any law relating 10 co-opcrative societies forlhelime being in forcein any Statc;(vii) the provision of landfor any othcr scheme of devclopment sponsoredbygovernmcnt, or, with the prior approval of the appropriate government, bya local authority;(viii) the provision of any premises or building forlocating apublic office. butdocs not include acquisition of landfor companies;]thefollowingpersonsshall bedeemedpersons"cntitledtoRct"asandtotheextent hcreinaftcr provided (that is to say)-trustees forotherpersonsbeneficiallyintercstedshall bedeemedthe personsentitled to act with reference to any such case.. and that to the same extent as thepersons beneficially interested could have acted iffrce fromdisability;a married woman, in cases to which the English law is applicable. shall be deemedthe person so entitled to act. and. ",nether of full age or not. 10 the same extent asif she were unmarried and offull age; andthe guardians ofminors and the committees or managcrs oflunatics or idiots shallbe deemed respcrtively the persons so entitledto act. to the same extentas theminors. lunatics. or idiots tbemsel\'es. If freefrom disability. could have actl;(i,Provided that-(i) nopersonshall bedeemedto act" whose mterests inthesubject-matter shall be shown tothe satisfaction of the Collector or Courtto be ad\'erse to theinterest of thepersoninterestedforwhom he.... ouldotherwise be entitled to act:(ii) in every such case the person interested may appear by a next friend. or. indefault of his appearanceby anextfriend, the Collector or Court. as thecase may be, shall appoint a guardian for the case to act on his behalfin theconduct thereof;(iii) the prOVisions of'[Order XXXI of the First Schedule to the Code of CivilProcudure. 1908Jshall. mutatismutandis, applyinthecase of personsinterestedappearingbeforeaCollectororCourtbynext friend. orby aguardianfor the case. in proceedings under this Act andsociety within the meaning ofitc being in forceinany Statean5I% of thepaidupshare)yanyStateGovernment orntandpartly by one ormoreoforiginaljurisdiclion unlessIs hereby empowered to do) almits to perform the functionsnpanicsAct. 1956, other Ihan; (ec);rgistration Act, 1860, orunderI forcein a State. other than aiingof anylawrelatingtoforce in any State, other than aoj;]Iit relation to acquisition of land and, inrelationtoite Government:]sion. planned dc',dopmen!oromg; orland from public funds innmen! and subsequent disposalnment or outright salewith theplanned;IlCd or controlled by the State;Iscs10 the poor or landless or totural calamities, or 10persons'mplcmcnt3lionof anyschemeorilY or a corporation owned or(gjThe Land Al:quisition Ael. 18943Sub. by ACI 68 of 19&4. w.e.r. 249-19S4.4 Land Acquisition ACI, 1894(iv) no person"entitled 10 aCI" shall be competent to receive thecompensation-money payable to the person for whom he is entitled to act,unless he would have been competent to alienate the land and receive andgive a good discharge for the purchase money on a voluntary sale.COMMENTSThe dcfination of land includes fishery rights and things attached to the earth.- AIR 1990P&H326 :1990 (I) LandLR 526: 1989 (1) LLR 634. Evenunder the Transfer ofPropcrtyAct. the expression 'land' includes building, standing trees and crops.- AIR 1940 Sind 58Consequence of non-compliance of certainprovisionsof theAct, maynot nullifytheacquisition. Where the provisions of Sections 3(a), 9(2), II, 13. 15-A and 23 were alleged tohave been breached. it was found that the only substantive provisions which were alleged toha....cbeenviolatedwassectionIIA, theentireacquisitionproceedingwill lapse, but therelevant facts attracting that provision not placed on record if the award is not made: withintimei.c. within 2 yean as required under SectionII-A. the acquisitionproceedingswouldlapse. Periodof two rsistobecalculatedfromthedate of publicationof declaration.Sinceintheprescnt petition, nosubstantiveprovisionwasviolative. the Acquisition couldnot be quashed.-Ram Jiyawanv. Slate ofU.P AIR 1994 All 38.Acquisition of fire-Wood is to be: separately assessed. While computing compensation forthe land acquired, compensation for the acquiredland is payable to the value of the land.While computing compensation for fire-wood;tis to be separately assessed. While awardingcompensationfor fruit-bearingit istobeassessedalongwiththe land.- StateofHaryanav.Gurcharan Singh, AIR 1996 SC 106:1995 (I)W(SC)510: 1995 (1) JT 345.Payment of Solution for acquisition ofland cannot fonn part of market value-Paymcnt ofadditionalamount of 15% thoughforms part oflhe amount of compensationbecause underSection 23. thecompensationisto consistwhat is providedforin sub-section (I)andtheadditional amount of 15%on the market value ofthe land acquired, but the compensation andmarkcl, valuc are distinct expressions and have been used as such in the acquisition oftbe Actand therefore, it cannot be contended that thc solatium falls the expression "Iand" within themeaning ofScction 3(a) ofAct. In a well known decision of Privy Council in Raja VyrigherlaNarayana Gajapalirajll vRpwmue Divisional Officer. Vi=aKoparam. AIR 1939 PC98, it waslaid down tkat the market value is the pricc which a willing vendor might reason.'1blc expect toobtain from a willing purehaser. DisinClination of the vendor to part with the land and urgentnecessity of the purchasertobuymust alikebedisregardedandbothmust be: treatcdaspersons dealing in the matter ofarms length and without compulsion. The key 10 the meaningof word "compensation" is to be foundin Section 23(1) and that conliists (a) "market value ofthe land" (b) sum of 1$% on such market ....alue which is statedto be the compensation forcompulsory nature of acquisition. Market valueis therefore, only one of the components inthedetcrmination of amount of compensation. View of theHIghCourtthat rrorkct valueunder Section 4(3) ofAmending Act means the same thing as compensation and includes theamount 15% under Section 23(2) not acccptcd- Union ofIndiav.Ram Mehar. AIR 1973 SC305, /973(1) SCR710:1973 (I) SCC 109.Underthela'llco-operative sodquestionis beingSueh person or tbcompensationisdefendordefencVItiated by fraud.wnl petlt;ondisciplinary enqusec821. Ow!r(Land Acqltisitio4. Publlcatjoll(I) Whcnenceded or ;s likethat effect shall Iin that locality 0cause publkno1the said localitybeing(2) ThcfClby such govem.Provided tIattachedtoapreviously givSubs. by Al2 Uu;. by Act I,11Ie Land Acquisillon ACI. 1894,competent to receive thefor whom he is lntilled to act,:nate the land and receive and;Y on a voluntary sale.ached to the earth.- AIR1990,ndcr the Transfer of PropertyI crops.-AIR 1940 Sind 58lIlc Act, maynot nullifytheI, IS-Aand 23 were alleged tovisions which were alleged toroceedingwill lapse, butthe'the awardis not made withincquisitionproceedings wouldof publication of declaration.)]alivc. the Acquisition could: computing compensation forlie as10 the value oflhcland.tely assessed. While awardinglongwiththeland.- State of(SC) 5/0, /995 (2) JT345.It of market valuc-Paymerit ofi compensation because underforin sub-section (I)andthe(lCd, but the compensation andch in the acquisition ofthc Acte expression "land" within theIvy Council in Raja VyrigherlaJatam, AIR 1939 PC98, il wasdor might reasonable cxpccllOo part with the land and urgentI andbothmust betreatedasulsion. The key to the meaningIt cOll!iists (a) "market value ofcd 10 bethe compensation forcmly one of the components inHigh Courtthat market valueCompensation and includes thelav.Ram Mehar. AIR 1973 SCUnder thelawthebeneficiarylikelocal authority or company, oralocal authority orco--operati\e societyregisteredunder therelevantStatelaw. for whosebenefitthelandinquestion is being acquired. is a person interested to determme just and proper compensation.Such person or the beneficiary has the right to be heard by the Collector or the Court. Ifthccompensationisenhanced. ;1 isentitledto canvassa correctnessbyfindingandappeal 0defendordefendthe award of theCollector. Whenthea....'3rdmadeunder SectionII :vitiated by fr,lUd. collusion or corruption. the beneficiary will be entitled to challenge it in thwrit petition apnrtfromtheseuledlawthat theconduct of theCollectorisamendablet.disciplinary enquiry and appropriate action.- AIR 1990 Mad. 160 (FBI. Reversed and 197(1;sec 821. Overruled: Mls_ NeYl'e/y Lignite Corporalioll Ltd. v. Special Tahsildor(Land Acquisition) AIR1995 SC 1004: 1994 (4) Scale1/19:/995(1) sec 21/.PART IIACQUISITIONPRELIMINARYIf\VESTICATION4. Publieatioll of preIi minar)' notification and po"ers orofficen thereupon(I) Whef)C\critappearsto thel[approprialc go\'emment] that landinanylocalityisnceded or is likely to be needed for any public purpose ?[or for II company]. a notification tothat effect be published in the Official Gazette l(and in two daily newspapers circulatingin tlmtlocality of which alleast one shall be in the regional lnnguagc] and the Collector shallcause public notice oflhe substance ohuch notification to be givcn at convenient places inthe said locality J(lIle last ofthe dates ofsuch publication and the giving ofsuch public notice,being hereinafter referrcd to as the date oflhe publication of the notification)].(2) Thereupon it shall be lnwfulfor any officer,generally or specially authorisedby such governmentin this behalf. and for his servants and workmen.to enter upon ilnd survey and take levels of any land in such locality;to dig or bore mlO the sub-soil:to do allother acts f1CCcssary to ascertain.... hcthcr thelandis adaptedforsuch purposeto bet out the boundaries oft1le land proposcd to be taken and the intendedline of the work (if any) proposed to be madetomarksuch levels. boundariesandlinebyplacingmarksandcuttingtrenches; and.where otherwise the l'urvey cannot be completedandthelevels taken andthe boundaries and line marked. to cut down and clear away any part ofanystanding crop. fence or jungle:Provided thai no pcn;on shall enter into any building or upon any enclosed court or gardenattachedtoadwelling-house(unlesswiththeconsent of the occupier thereof) withoutpreviously giving such occupier at least scltien days notice in.....Titting ofhis intention 10 do so.I Subs. by ALO. for woNs -Pro'lmo;i;al 2 Ins. by Act NI of 1984.... d. 24-9' '1MrTheLand AcquisitionAet. 1894S. Payment for damageThe officer so authorised shall at thetime of such entry payor tender payment for allnecessary damage to be done as aforesaid. and. in case ofdispute as to the sufficiency ofthcamount so paid or tendered. he shall at once refer the dispute to the decision of Collector orother Chief Revenue Officer of the district, and such decision shall be final.SA. Hearing of objtions(J) Any person interested in any land which has been notified under section 4,(1), asbeingncededorlikelytobencededfor apublicpurpose: or for acompanymay.'(withinthirtydays fromthedaleof thepublication of thenotification]. object totheacquisition of the land or ofaoy land in the locality, as the case may be.(2) Every objection under sub-section (I) shall be made to the Collector in writing. andtheCollector shall givetheobjector anopportunity of being heardI[inpersonorbyanypersonauthorisedbyhiminthisbehall1. or bypleader andshall. ufter hearingall suchobjections and after making such further inquiry, If any, as he thinks necessary, makeareport inrespect of thelandwhichhasbeennotifiedunder section 4.sub-section (I). ormake different reports in respect ofdifferent parcelsofsuch land. to the appropriate government.containing his recommendation on the objections. together with the record ofthe proceedingsheld by him. for the decision ofthat government). The ofthe J[appropriate govcmmcn),on the objections shall be final.(3) For the purposes of this section person shall be deemed to beinterestedinlandwho would be entitled to claim an interest in compensation if the land wen: acquiredunderthis Act].DECLARATION6. Declaration that land is required for a public: purpost(I) Subject to the provisions of Part VII ofthisAel.., when the '[appropriate go\'cmment]is satisfied. after considering the report. if any, made under section SA, !lub-section (2). thatany particular landis neededfora public purpose. orfor a company. a dcelamtion shall bemade to that effect under the signature of a Secretary to such government or ofsome officerduly authorised10 certify its orders( and different dcclaration.c; may bemadefromlime tolime in respect of different parcels of any land covered by the same notification under seclion4, sub-section (I), irrespective of whether one report or different reportshas or havebeenmade (wherever required) under section SA, sub-section (2)]:'[ Provided that nodeclaration inrespect of anyparticular hindcovered byanotification under section 4. sub-section (I ):-(i) published after the commencemcnr ofthc Land Acquisition (Amendmentand Validation) Ordinance. 1967(I of 1967). but beforetheconuncncemcnt'ofthcland Acquisition (Arncndmcnt)Ael.., 1984. shall bemadeaftertheexpiry of threeyearsfromthedale of thepublication ofthe notification; orl. Sub by ACI 61 of 1984. w.c-( 24-9-19842. SubJ.byAce13 of 1961. w.e.f. 12-419613. SubJ. by the ALO1950 for -..-OnI:S ..1 4. 1",- byAce l) of 1961.....d.12-41961.S. Ins. by ACI 61 of t934. w.e.f.24.919S4.6. 291.1961.1. 24-9-1914.

awardedforrevenues orII Expllperiod durirlissuedUndCIExplalout oftbe fwdeemed to b(2) '[Inewpapers (in the regio.dcclamtionpublicationthe publica!territorial dapproximabplan may be(J)Tbpurpose: ort[ appropri.Sectionwholly or pauthority. Tfor makingThe purpublicpul'Jlunder Sectproceedingismaliclunothingmoowner, butpossession.the notificaCountill hJ966ALL.I 249.192 Ins. by I3. s..b&. b)4 The Land Acquisition ACL1894 7Iy or tender paymenlforalle as 10 the sufficiency of lhethe decision of Col1tor oriall be final.i under section 4. sub-sectionoseorforacompanymay.notification). object tothernay be.the Colltor in writing. and'IC1lrd '[inperson orbyany;hall. after hearingall suchnks necessary, :[eithcr makeection 4. sub-section (1 J. orthe appropriate govcmmcnt.he record ofthe proceedingshe J[appropriate govcmmcn).med to be interestedinlandlC landwere acquiredunderIe J[appropriate government)ion SA. sub-section (2). that1p8J1y. a dcclal'Oltion shallbe or of some officer5 may be made:fromtime toTIC notification under section:ntreportshas orhavebeenIrtieular land covered byamdAcquisition (Amendment[If 1967). but before theICndment)AeL 1984. shall be)Cdale of thepublication of(ii) published after the commencement' ofthe LandAcquisition (Amendment)Act. 1984, shall be made: after the: e:xpiry of one year (rom the dale of thepublication of the notifications:Providedfunherthat nosuch declarationshall bemade: unlessthe compensationto beawardedforsuehpropertyistobepaidbyacompany. or whollyorpartlyout of publicrevenues or some fund controlled or managed by alocal authority,]II ExplanaCion I:Incomputing any of theperiodsreferredtointhefirsl prosivo, theperiodduringwhichanyactionorproceeding tobetakeninpursuance: of thenotificationissued under section 4. sub-section (I).is stayed by an order ofa court shall be excluded.Explanation 2: Where the compensation to be awardedfor such property is to be paidout ofthe fundsofa corporation owned orcontrolleJ by the State. such compensation shall bedecmed10 be compensation paid out of public revenues.](2) l[Every decla.-oItion] shall be publishedin the Official Gazette.' [andin two dailyncwpapers circulating in the locality in which the land is situate of which at least one shall in the n:gionnllangU:l.ge. lind the Collector shall cause public notice of the substance of suchdeclaration to be given at convenient places in the saidlocality (the last of the dates of suchpublicalion and the giving of such public notice. being hereinafterto as the date ofthepublication of thedeclaration). andsuchdeclarationshall state] thedistrict orotherterritorial division inwhichthe landissituate, the purposefor which it isneeded. itsapproximate area. and. where a plan shallhave been made ofthc land. the place where suchplan muy be inspected.(3) The said declaration shall be conclusive evidence that the land is needed for a publicpurposeorfor acompany. asthecasemaybe; and. after makingsuchdcx:laration. the.( appropriate govemment] may acquire thc land in a manner hereinafter appearing.COMMENTSSection6obligesthott thefunds for theacquisitiontobepaideithetbythecompanywholly or panly (rom public revenues. or (rom somefunds controlled or managed bylocalauthority. The section however not make deposil ofcompensation a conditionfor malting ofa dcclaralion.-l.I. K. PoJmadwv. State ofKerolo. AIR /991 Ker/58.The purpose of notification under SectiOl16 is to declare the requirements oflhc land forpublic purpose. foc the Government or for a company. however. by issuance of notificationunder Section6. right of aperson inthe lundarc not extinguishedunlesssomeotherproceedings under the ACI arc taken. The effcctofthis notification would be that a declarationis made10 theeffectthai landisneededeither forapublicpurpose orforacompany andnothing more. Though such notifications arc nceded and to a limited extent affect rights oflheowner. but it offers no impediment with the righls of the property for keeping that land in hispossession. A decision cannot be claimed if he docs not lake steps soon after publication oftbe notification. The persons whose land is being acquired. cun wait before approaching theCOUr1till his tilleis extinguished andvcstedin tbe State.- Doll DoI'O/v. Statf! ofU.PAIR/966 ALL 137: 1965 ALL U 1111I 24-9-1984.2 Ins. by Act 61 of 1n4. W.Lf.24-.,..19&4.J Subs.. by Act tJ 0( 1967. ror ..."ORIs "The w.('.r. 12-4t967.4 Subs. by ALO t950. ror words Gu--.:m,nmC8 The Land AcquisiUoIl Act. 1894 Tho La.Compulsory acqUIsition andits validity. Once the declaration of existence of the publicpurpose is made under Section 6. the declaration becomes conclusive by force of statue. Theonly way in \\cerncd to have executed agreement, it>cen contravened. In such circumstances it.ules 3and4M Mis. Larsen and Toubro Lid.ation-Notifiei,ltionpublishedin the Districtthe objection raised for the first time beforelny having no locus standi- The respondentositcd huge amount towards compensation.tinthe basis of highly teehnic:!1 objections.:(lOn 6 has not bcenpublished in thc OfficialGazette- That theobjectionbeinghighly'hen the same was sought for the first time in. Pvt. Lid. I'.MASharat CokingCoo/ Lid.19Y3(i) Scale738: /993 (/) CCC 554.Interpretation of provision of Section 6- The provisions of Section 6 obliges that the fundsfor acquisition should be paid cither by the company wholly or partly from public revenue orfromsome fundcontrolledor managed bya local authorityand refers tosourceofcompensation and not to time ofdeposit - In case, there is any validity in the contention Qftheappellant, thewordsshouldhavebeen'hasbeenpaid' andnot 'istobepaid'. Making ofdeposit of compensationis not a conditionprecedentfor mllking declar--,ttioll under Section6.- Lt. K. Ladll/adosv. Statt: ofKern/a. A/R/992Kt:r. J58.Policy of the State not to acquire ofreligious saneity that such acquisition will not be voidjust because thepropertybelongstoreligiousinstitution.-JagananalhMahuprabhu BijeShreeksheJraII. Col/ector;PI/ri.AIR/995 Ori. 56,Acquisition challanged on the ground thnt due to delay in disposal of the malter prices ofthelandhadescalnted -Itwashowever foundthai the petitioner himself wasliableforthedelay and therefore. pendency ofjudicial proceeding couldnot be made a ground to say thatdue to escalationin prices notificationhad become badinlaw. Tile pendency oflhejudicialproceedings callnot be made a ground to say that in the process due to the escalation in prkesthenotificationisslledunder Section4( I) hadbecomebadinlaw-Kalft/enkuuy,v. State ofKera/a. 1997 (3) Supreme 337.7. After declaration, Collector to take order forllcquisitlonWhenever any land shall have been so declared to be needed for a public purpose or for acompany, the '[appropriategovernment] orsomeotTicial authorisedbythe I[appropriategovernment] in this behalf, shall direct the Collector to take order for the acquisition of theland.8. Landto be marked out. measured lind plannedThe Collector shall thereupon' cause The" land (unless it has been already marked out undersection 4). to be marked out. He shall also cause it to be measured, and ifno planhas beenmade thereof. a plantu be made of the same.9. Notice to persons Interested(I) The Collector shall then cause public notice to be given at convenient places on orncar the land to be taken, stating that the govemment intends to take possession oftbe land.and that claims to compensationfor all interests in suchlandmay be made to him.. (2) Suchnoticeshallstatethe particulars of thelandsoneeded, andshall requireallpersons interested in the land to appear personnaly or by agent before the Collector at a timeand placethereinmentioned (suchtimenot being earlier thanfineendays after the date ofpublication ofthe nOlice), and to state the nature of their respective interests in the land andthe amount and particulars of theirclaimstocompenSrding10proj'Oscdscheme forJenging the acquisition of the land1C ground of delay and laches. Nowscheme of acquisitionandthe'tllionfiledthereafter challengingground of laches. The High Court: Constititution. to quash the notiIt It should be exercised laking allllion of GreaterBombay \'. ~1996 (8) JT 16.. 199M7} SupremeCC 398' /996/31 SO 186.Acqusition of landandpayment of compensation- Wherenotificationwas issuedbetween1959 and1965 and declaration under Section 6made between1966 and1969 andthe award made in the years 198()"81 and1983 and the compensation worked out on the basisofnotification under Section 4 and the proceddings remained pending due to the pendency ofAflatoom case but even thereafter no steps were taken till 1980though the Aflatoomcase wasdecidedin 1974. Insuchcircumstancesanyamount detenninedas market value withreferencetothedateof issuance of notification, cannot beheldtobethecomplianceofmandatorydirectionregardingpayment of valueof the landsoacquired. FromreadingScctionll it isclcar that the saidsectionneither validateanypendingacquisitionnor itcondonesanydelaywhichhasalreadybeenoccuredSection IlAintroducesastatutorymandatetomakeanawardwithina period of twoyears fromthedate of publication ofdeclaration under Section 6 and provides that ifno award is made within that period the-entireproceedings would lapse. There was no justification for causing delay after the judgement ofthe Court in Aflatoom case (1975(4) SCC285). Therefore, the reasonable timeformakingthe awardwastwo years after whichit wouldbe unreasonable.- RamChandv. Union ofIndian and Shri yeti Prakashv Union o/India. 1993(5) JT 465: 1994(1) SCC 44.. 1993(3)Scale 906: 1994(/) UJ (SC) 21.17. Special powers In eases of urgency.(I) In cases of urgency, whenever the appropriate government so directs, the Collector.thoughnosuchawardhas been made, may, ontheexpirationof fifteen days fromthepublicati on ofthe notice mentioned in section 9,sub-section (I) '[take possession ofany landneeded for public purpose]. Such land shall thereupon vest absolutely in the government, freefrom all encumbrances.(2) Whenever, owingtoany suddenchange inthechannel of anynavigableriver orother unforeseen emergency, it becomes necessary for any Railway Administration to acquirethe inuncdiate possession ofany land for the maintenance of their tr.dJit: or for the purpose ofmaking thereonariver-sideor ghat station, or of providing convenient connectionwith oraccess to any such station. I[ or the appropriate government considers it necessary to acquirethe immediate possession of any land for the purpose of maintaining any structure or systempertainingtoirrigation, watersupply, drainage, roadcommunicationorelectricity,] theCollector m:\y, immediately after the publication of the notice mentionedin sub-section (I)and with the previous sanction of the appropriate government, enter upon and take possessionof such land, whichshall thereupon vest absolutely in the government free from.11 encumbrances:Provided thaI the Collector shall not take possession of any building or part of a buildingunder this sub-section without giving to the occupier thereof at least forty-eighthour's noticeof his intention so to do, or such longer notice as may be reasonably sufficient to enable suchoccupier to remove his movable property from such building withoutunnecessary inconvenience.Sub. by Act 6& or 1984. w.d. 24_91984I14 1\e Land Acquisition Act, 1894(3) In every case under either aCthe preceding sub-sections, the Collector shall, at thetime of taking possession, ofTer to the persons intf'lUled, compensation for the standing cropsand trees (if any) on such land andfor any other damage sustained by them caused by suchsudden dispossession and not excepted In section 24; and, in case such offer is nol accepted..the value ofsuch crops and trees and the &mOunt ofsuch other damage shall be allowed for in8'o''aJ"ding compensation for the land under the provisions herein contamed.1[(3A) Before taking possession orany land under sub-section (I) ofsub-scction (2), theCollector shall, without prejudice to the provisions of sub-section (3),-(a) tender payment of eighty per centum aCthe compensation for such land asestimated by him to the persons interested entitled thereto, and(b) pay it 10 them, unless prevented by some one or morc of the contingenciesmentioned in section 31, sub-section (2),andwherethe Collectoris soprevented, theprovisions of section3 I, sub-section (2),(except the 'secondprovisothereto), shall applyas theyapplyto the payment ofcompensation under that section.(3B) The am nt paid or deposited under sub-section (3A), shall be taken into accountfordetennining the amount of compensationrequired to be tenderedunder section 31.andwhere the amount so paid or deposited exceeds the compensation awarded by the Collectorunder sectionII. the excess may. unless refundedwithin three monthsfrom the date of theCollector's award. be recovered as an arrear of land revenue.](4) In the case of any land to which. in the opinion oftM appropriate government, theprovisions of sub-stion (1) or sub-section (2) are applicable, the appropriate governmentmaydirect that theprovisions of sectionSA shall not apply, and. if it doessodirect, adeclaration may be made under section 6 in respect of the land at any time I{ after the date ofthe publication of the notification) under section 4, sub-section (I).COMMENTSThe Hon'ble Supreme Court in Shri Bala Ganeshan Metals v. M.N. Shanmugham Chetty.AIR1987 SC 1668, 1987(2) SCC 707, 1987(2) JT 247, 1987( I) Scale1110, 1987(1) Cu,.CC1054, whiledealingwiththeTamil NaduBuildings(LeaseandControl) Act, 1960.observedthat it wassettledrule of interpretationthat theprovisions of the Act shouldbeinterpreted in soch a manner as not to tender any of the provisions of those unless there wascompellingreasonsforthecountoadoptextreme contingency,Section17(3A)postulatesthat the owner will 6e offered an amount equivalent to 80 per cent ofestimated compensationfor the land before the Government take possession under Section17(1). Where 80 per centwas not paid althoughit is so requiredunder Section17(3A) that it should have been madebefore the possession is taken. The contention that compensation could be paid under Section5 not accepted.- Surinder Prasad Jainv. State o/U.P. /993(5) JT 385: J991(4) see369.I. Ina. by Act 68 or 1984. w.e.L 2....9-19&4.2. Subl by AC1 68 or 19&4. w.e.r24.l).II&4.Urgenlhe decisiII of 19lt417:03P&S 500 COPies.P"...d ., lttc or I',;o,h....51."0"'