The Land Acquisition Act, 1894
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.
