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THE LAND ACQUISITIONACT, 1894
(1 OF 1894)
(As modified up to the Ist September, 1985)
Subordinate legislation – being published
separately)
GOVERNMENT OF INDIA
MINISTRY OF Law and Justice
THE LAND ACQUISITION ACT, 1894
ARRANGEMENT OF SECTIONS__________
PART I
PRELIMINARY
SECTIONS:
1.
Short
title, extent and commencement.
2. (Repealed)
3. Definitions.
PART II
ACQUISITION
Preliminary investigation
4.
Publication of preliminary notification and powers of officers
there upon.
5. Payment for damage.
Objections
5A. Hearing of objections.
Declaration of intended acquisition 6. Declaration that land is required for a public purpose.
7.After declaration, Collector to take order for acquisition.
8.Land to be marked out, measured and planned.
9.Notice to persons interested.
10.Power to require and enforce the making of Statements as to names and
interests.
Enquiry into measurements, value and claims, and award
by the Collector.
11.Enquiry
and award by Collector.
11A. Period within which an award
shall be
made.
12.Award of Collector when to be final.
13. Adjournment of enquiry.
13A.
Correction of clerical errors, etc.
14. Power to
summon and enforce attendance of witnesses and production
of
documents.
15. Matters to be considered and
neglected.
15A. Power to call for records, etc.
Taking
possession
16.Power to take possession.
17.Special
powers in cases of urgency.
PART III
Reference to court
and procedure thereon.
SECTIONS.
18. Reference to Court.
19. Collector’s statement to the Court.
20. Service of notice
21.
Restriction on scope of proceedings.
22.
Proceedings to be in open Court.
23. Matters to be considered in
determining compensation.
24. Matters to be neglected in determining compensation.
25. Amount of compensation awarded by Court not to be lower than the amount
awarded by the Collector.
26. Form of
awards.
27. Costs.
28. Collector
may be directed
28A. Re-determination of the amount
of compensation on the basis of the
award of the Court.
PART IV
APPORTIONMENT OF
COMPENSATION
29. Particulars of apportionment to be specified.
30. Dispute as to apportionment.
PART V
PAYMENT
31.Payment of compensation or deposit of same in Court.
32.Investment
of money deposited in respect of lands belonging to persons
incompetent to alienate.
33.Investment of money deposited in
other cases.
34.Payment of interest.
PART VI
TEMPORARY OCCUPATION OF
LAND
35. Temporary occupation of waste or arable land. Procedure when difference
as to compensation exists.
36.Power to
enter and take possession, and compensation on restoration.
37.Difference as to condition of
land.
PART VII
ACQUISITION OF LAND FOR COMPANIES
SECTIONS
38(Repealed)
38A. Industrial concern to be
deemed Company for certain
purposes.
39. Previous consent of appropriate Government and execution of agreement
necessary.
40. Previous enquiry.
41.Agreement with appropriate Government.
42.Publication of agreement.
43. Sections 39 to 42 not to apply where Government bound by agreement to
provide land for
Companies.
44. How agreement with Railway Company may be proved.
44A. Restriction on transfer
etc.
44B. Land not to be acquired
under this Part except for certain purpose for
private companies
other than Government companies.
PART VIII
MISCELLANEOUS
45. Service
of notices.
46. Penalty for obstructing
acquisition of land.
47. Magistrate to enforce surrender.
48. Completion of acquisition not compulsory, but compensation to be awarded
when not
completed.
49. Acquisition of part of house or building.
50. Acquisition of land at cost of a local authority or Company.
51. Exemption from stamp-duty and fees.
51A. Acceptance of certified
copy as
evidence.
52. Notice in case of suits for anything done in pursuance of Act.
53. Code of Civil Procedure to apply to proceedings before Court.
54.Appeals in proceedings before Court.
55.Power to make rules.
THE LAND ACQUISITION
ACT,1894
Part 1:
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 (the state of Jammu and
Kashmir).
(3) It shall come into force on the first day of March 1894.
2. [Repeal and Saving] Rep. Partly 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.2 and Sch.
3. Definitions. - In this Act, unless there is something repugnant in the subject or
context, -
(a) the expression “land” includes benefits to arise out of
land, and things attached to the earth or permanently fastened to anything
attached to the earth;
[(aa) the expression “local authority” includes a
town planning authority (by whatever name called) set up under any law for the
time being in force];
(b) the expression “person interested” includes
all persons claiming an interest in compensation to be made on account of the
acquisition of land under this Act; and a person shall be deemed to be
interested in land if he is interested in an easement affecting the land;
(c) the expression “Collector” means the Collector of a district, and
includes a Deputy Commissioner and any officer specially appointed by the
[appropriate Government] to perform the functions of a Collector under this Act;
[(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
Regulation Act, 1860 (21 of 1860), or under any corresponding law for the time
being in force in a State, being a society established or administered by
Government and a co-operative society within the meaning of any law relating to
co-operative societies for the time being in force in any State, being a
co-operative society in which not less than fifty-one per centum of the paid-up
share capital is held by the Central Government, or by any State Government or
Governments or partly by the Central Government and partly by one or more State
Governments].
(d) the expression “Court” means a principal Civil Court
of original jurisdiction unless, the [appropriate Government] has appointed (as
it is hereby empowered to do) a special judicial officer within any specified
local limits to perform functions of the Court under this Act;
[(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 relating 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-
(i) the provision of
village-sites, or the extension, planned development or improvement of existing
village-sites;
(ii) the provision of land for town or rural planning;
(iii) the provision of land for planned development of land from public
funds in pursuance of any scheme or policy of Government and subsequent disposal
thereof in whole or in part by lease, assignment or outright sale with the
object of securing further development as planned;
(iv) the provision of
land for a corporation owned or controlled by the State;
(v) the provision of land for residential purposes to the poor or landless
or to persons residing in areas affected by natural calamities, or to persons
displaced or affected by reason of the implementation of any scheme undertaken
by Government, any local authority or a corporation owned or controlled by the
State;
(vi) the provision of land for carrying out any educational,
housing, health or slum clearance scheme sponsored by Government or by any
authority established by Government for carrying out any such scheme, or with
the prior approval of the appropriate Government, by a local authority, or a
society registered under the Societies Registration Act, 1860 (21 of 1860), or
under any corresponding law for the time being in force in a state, or a
co-operative society within the meaning of any law relating to co-operative
societies for the time being in force in any State;
(vii) the provision of land for any other scheme of development
sponsored by Government or with the prior approval of the appropriate
Government, by a local authority;
(viii) the provision of any premises or building for locating a public
office, but does not include acquisition of land for companies;]
(g) the following persons shall be deemed person “entitled to
act” as and to the extent hereinafter provided (that is to say)-
trustees for other persons beneficially interested shall be deemed the
person entitled to act with reference to any such case, and that to the same
extent as the person 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 persons, 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, 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 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 [Order XXXII of the First
Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall, mutatis
mutandis, apply in the case of persons interested appearing before a Collector
or Court by a next friend, or by a guardian for the case, in proceedings under
this Act; and
(iv) no person “entitled to act” shall be competent to
receive the compensation money payable to the person for whom he is entitled to
act, unless he would have been competent to alienate the land and receive and
give a good discharge for the purchase money on a voluntary sale.
PART II
Acquisition
Preliminary investigation
4. Publication of preliminary notification and power
of officers thereupon. -
(1) Whenever it appears to the [appropriate
Government] the 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 the publication of the notification)].
(2) Thereupon it
shall be lawful for any officer, either generally or specially authorized by
such Government in this behalf, and for his servants and workman, -
to
enter upon and survey and take levels of any land in such
locality;
to dig or bore into 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.
5. Payment for damage. - The
officer so authorized shall at the time of such entry pay or tender payment for
all necessary damaged 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.
[Objections
5A. Hearing of
objections. - (1) Any person interested in any land which
has been notified under section 4, sub-section (1), as being needed or likely to
be needed for a public purpose or for a Company may, [within thirty days from
the date of the publication of the notification], object to the acquisition of
the land or of any land in the locality, as the case may be.
(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 authorized 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 purpose 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 provision of Part VII of this
Act, [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 authorized to certify its orders [and different declarations may be made
from time to time in respect of different parcels of any land covered by the
same notification under section 4, sub-section (I) irrespective of whether one
report or different reports has or have been made (wherever required) under
section 5A, sub-section (2)];
[Provided that no declaration in respect
of any particular land covered by a notification under section 4, sub-section
(1)-
(i) published after the commencement of the Land Acquisition
(Amendment and Validation) Ordinance, 1967 (1 of 1967), but before the
commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), shall
be made after the expiry of three years from the date of the publication of the
notification; or
(ii) published after the commencement of the Land
Acquisition (Amendment) Act, 1984 (68 of 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.
[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 [and in two daily newspapers circulating in the locality in which the
land is situated 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 dates of
such publication and the giving of such public notice, being hereinafter
referred to as the date of the 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.
7. After
declaration, Collector to take order for acquisition. -
Whenever any land shall have been so declared to be needed for public purpose,
or for a Company, the [appropriate Government], or some officer authorized 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 market 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 compensations 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 entitled to act for persons so interested, as reside
or have agents authorized 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 letter addressed to him at his last known residence, address or
place or business and [registered under sections 28 and 29 of the Indian Post
Office Act, 1898 (6 of 1898)].
10. Power to require
and enforce the making of statements as to names and interests. -
(1) The Collector may also require any such person
to make or deliver to him, at a time and place mentioned (such time not being
earlier than fifteen days after the date of the requisition), a statement
containing, so far as may be practicable, the name of every other person
possessing any interest in the land or any part thereof as co-proprietor,
sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such
interest, and of the rents and profits (if any), received or receivable on
account thereof for three years next preceding the date of the statement.
(2) Every person required to make or deliver a statement under this
section 9 shall be deemed to be legally bound to do so within the meaning of
sections 175 and 176 of the Indian Penal Code (45 of 1860).
Enquiry into measurements, value and claims, and award by
the Collector
11. Enquiry and
award by Collector. - [(1)] On the day so fixed, or on any
other day to which the enquiry has been adjourned, the Collector shall proceed
to enquire into the objection (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 [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, or whom, or of whose claims, he
has information, whether or not they have respectively appeared before him :
[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 authorize 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.
[(2) Notwithstanding anything contained in sub-section (1),
if at any stage of the proceedings, the Collector is satisfied that all the
persons interested in the land who appeared before him have agreed in writing on
the matters to be included in the award of the Collector in the form prescribed
by rules made by the appropriate Government, he may, without making further
enquiry, make an award according to the terms of such agreement.
(3) The
determination of compensation for any land under sub-section (2) shall not in
any way affect the determination of compensation in respect of other lands in
the same locality or elsewhere in accordance with the other provisions of this
Act.
(4) Notwithstanding anything contained in the Registration Act,
1908 (16 of 1908), no agreement made under sub-section (2) shall be liable to
registration under that Act.]
[11A. Period shall be
which an award within made. - The Collector shall make an
award under section 11 within a period of two years from the date of the
publication of the declaration and if no award is made within that period, the
entire proceeding for the acquisition of the land shall lapse:
Provided
that in a case where the said declaration has been published before the
commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), the
award shall be made within a period of two years from such commencement.
Explanation - In computing the period of two years referred to in this
section, the period during which any action or proceeding to be taken in
pursuance of the said declaration is stayed by an order of a Court shall be
excluded.]
12. Award of Collector when to be
final . - (1) Such award shall be filed in the Collector's
office and shall, except as hereinafter provided, be final and conclusive
evidence, as between the Collector and the persons interested, whether they have
respectively appeared before the Collector or not, of the true area and value of
the land, and the appointment 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.
[13A. Correction of clerical errors, etc. - (1) The
Collector may, at any time but not later than six months from the date of the
award, or where he has been required under section 18 to make a reference to the
Court, before the making of such reference, by order, correct any clerical or
arithmetical mistakes in the award or errors arising therein either on his own
motion or on the application of any person interested or a local authority:
Provided that no correction, which is likely to affect prejudicially any
person, shall be made unless such person has been given a reasonable opportunity
of making a representation in the matter.
(2) The Collector shall give
immediate notice of any correction made in the award to all the persons
interested.
(3) Where any excess amount is proved to have been paid to
any person as a result of the correction made under sub-section (1), the excess
amount so paid shall be liable to be refunded and in the case of any default or
refusal to pay, the same may be recovered as an arrear of land revenue.]
14. Power to summon and enforce attendance of
witnesses and production of documents. - For the purpose of
enquiries under this Act the Collector shall have powers to summon and enforce
the attendance of witnesses, including the parties interested of 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
1[Code of Civil Procedure 1908 (5 of 1908)].
15.
Matters to be considered and neglected. - In determining the
amount of compensation, the collector shall be guided by the provisions
contained in section 23 and 24.
[15A Power to call
for records, etc. - The appropriate Government may at any
time before the award is made by the Collector under section 11 call for any
record of any proceedings (whether by way of inquiry or otherwise) for the
purpose of satisfying itself as to the legality or propriety of any findings or
order passed or as to the regularity of such proceedings and may pass such order
or issue such direction in relation thereto as it may think fit:
Provided that the appropriate Government shall not pass or issue any
order or direction prejudicial to any person without affording such person a
reasonable opportunity of being heard.]
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 case of
urgency. – (1) In cases of urgency whenever the [appropriate
Government], so directs, the Collector, though no such award has been made, may,
on the expiration of fifteen days from the publication of the notice mentioned
in section 9, sub-section 1). [take possession of any land needed for a public
purpose]. 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 accesses to any such station, [or the appropriate Government considers it
necessary to acquire the immediate possession of any land for the purpose of
maintaining any structure or system pertaining to irrigation, water supply,
drainage, road communication or electricity,] the Collector may immediately
after the publication of the notice mentioned in sub-section (1) and with the
previous sanction of the [appropriate Government], enter upon and take
possession of such land, which shall thereupon [vest absolutely in the
[Government]] free from all encumbrances :
Provided that the Collector
shall not take possession of any building or part of a building under this
sub-section without giving to the occupier thereof at least forty-eight hours
notice of his intention so to do, or such longer notice as may be reasonably
sufficient to enable such occupier to remove his movable property from such
building without unnecessary inconvenience.
(3) In every case under
either of the preceding sub-sections the Collector shall at that time of taking
possession offer to the persons interested compensation for the standing crops
and trees (if any) on such land and from any other damage sustained by them
caused by such sudden dispossession and not excepted in section 24; and, in case
such offer is not accepted, the value of such crops and trees and the amount of
such other damage shall be allowed for in awarding compensation for the land
under the provisions herein contained.
3[(3A) Before taking possession
of any land under sub-section (1) or sub-section (2), the Collector shall,
without prejudice to the provisions of sub-section (3)-
(a) tender
payment of eighty per centum of the compensation for such land as estimated by
him to the person interested entitled thereto, and
(b) pay it to them,
unless prevented by some one or more of the contingencies mentioned in section
31, sub-section (2),
and where the Collector is so prevented, the
provisions of section 31, sub-section (2), (except the second proviso thereto),
shall apply as they apply to the payment of compensation under that section.
(3B) The amount paid or deposited under section (3A), shall be taken
into account for determining the amount of compensation required to be tendered
under section 31, and where the amount so paid or deposited exceeds the
compensation awarded by the Collector under section 11, the excess may, unless
refunded within three months from the date of Collector's award, be recovered as
an arrear of land revenue].
[(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 so direct, a
declaration may be made under section 6 in respect of the land at any time
[after the date of the publication of the notification] under section 4,
sub-section (1).]
PART III
Reference to Court and Procedure Thereon
18. Reference to
Court. - (1) Any person interested who has not accepted the
award may, by written application to the Collector, require that the matter be
referred by the Collector for the determination of the Court, whether his
objection be to the measurement of the land, the amount of the compensation, the
person to whom it is payable, or the apportionment of the compensation among the
persons interested.
(2) The application shall state the grounds on which
objection to the award is taken:
Provided that every such application
shall be made-
(a) if the person making it was present or represented
before the Collector at the time when he made his award, within six weeks from
the date of the Collector's award;
(b) in other cases, within six weeks
of the receipt of the notice from the Collector under section 12, sub-section
(2), or within six months from the date of the Collector's award, whichever
period shall first expire.
19. Collector's statement
to the court. - (1) In making the reference, the Collector
shall state for the information of the court, in writing under his hand -
(a) the situation and extent of the land, with particulars of any trees,
buildings or standing crops thereon;
(b) the names of the persons whom
he has reason to think interested in such land;
(c) the amount awarded
for damages and paid or tendered under sections 5 and 17, or either of them, and
the amount of compensation awarded under section 11;
[(cc) the amount
paid or deposited under sub-section (3A) of section 17; and]
(d) if the
objection be to the amount of the compensation, the grounds on which the amount
of compensation was determined.
(2) To the said statement shall be
attached a schedule giving the particulars of the notices served upon, and of
the statements in writing made or delivered by the parties interested
respectively.
20. Service of notice. - The Court shall thereupon cause a notice specifying the day on which
the Court will proceed to determine the objection, and directing their
appearance before the Court on that day, to be served on the following persons,
namely: -
(a) the applicant;
(b) all persons interested in the
objection, except such (if any) of them as have consented without protest to
receive payment of the compensation awarded; and
(c) 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 enquiry in every such
proceeding shall be restricted to a consideration of the interest 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 practice in any Civil Court in the State
shall be entitled to appear, plea and act (as the case may be) in such
proceeding.
23. Matters to be considered on
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 [notification under section 4, sub-section (1)];
secondly, the damage sustained by the person interested, by reason of
the taking of any standing crops trees which may be on the land at the time of
the Collector's taking possession thereof;
thirdly, the damage (if any)
sustained by the person interested, at the time of the Collector's taking
possession of the land, by reason of serving 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, in consequence of the
acquisition of the land by the Collector, the person interested is compelled to
change his residence or place of business, the reasonable expenses (if any)
incidental to such change, and
sixthly, the damage (if any) bona fide
resulting from diminution of the profits of the land between the time of the
publication of the declaration under section 6 and the time of the Collector's
taking possession of the land.
[(1A) In addition to the market value of
the land, as above provided, the Court shall in every case award an amount
calculated at the rate of twelve per centum per annum on such market value for
the period commencing on and from the date of the publication of the
notification under section 4, sub-section (1), in respect of such land to the
date of the award of the Collector or the date of taking possession of the land,
whichever is earlier.
Explanation. - In computing the period referred to
in this sub-section, any period or periods during which the proceedings for the
acquisition of the land were held up on account of any stay or injunction by the
order of any Court shall be excluded.]
(2) In addition to the market
value of the land as above provided, the Court shall in every case award a sum
of [thirty per centum] on such market value, in consideration of the compulsory
nature of the acquisition.
24. Matters to be
neglected in determining compensation. - But the Court shall
not take into consideration -
first, the degree of urgency which has led
to the acquisition;
secondly, any disinclination of the person
interested to part with the land acquired;
thirdly, any damage sustained
by him which, if caused by a private person, would not render such person liable
to a suit;
fourthly, any damage which is likely to be caused to the land
acquired, after the date of the publication of the declaration under section 6,
by or in consequence of the use to which it will be put;
fifthly, any
increase to the value of the land acquired likely to accrue from the use to
which it will be put when acquired;
sixthly, any increase to the value
of the other land of the person interested likely to accrue from the use to
which the land acquired will be put;
seventhly, any outlay or
improvements on, or disposal of the land acquired, commenced, made or effected
without the sanction of the Collector after the date of the publication of the
[notification under section 4, sub-section (1); [or]
[eighthly, any
increase to the value of the land on account of its being put to any use, which
is forbidden by law or opposed to public policy.]
[25. Amount of compensation awarded by Court not to be lower than the
amount awarded by the Collector. - The amount of
compensation awarded by the Court shall not be less than the amount awarded by
the Collector under section 11.]
26. Forms 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.
[(2)
Every such award shall be deemed to be a decree and the statement of the grounds
of every such award a judgment within the meaning of section 2. clause (2), and
section 2, clause (9), respectively of the Code of Civil Procedure 1908 (5 of
1908).]
27. Costs. - (1) Every
such award shall also state the amount of costs incurred in the proceeding 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 cost shall
ordinarily be paid by the Collector, unless the Court shall be 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 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 [nine per centum] per annum from the date
on which he took possession of the land to the date of payment of such excess
into Court:
[Provided that the award of the Court may also direct that
where such excess or any part thereof is paid into Court after the date or
expiry of a period of one year from the date on which possession is taken,
interest at the rate of fifteen per centum per annum shall be payable from the
date of expiry of the said period of one year on the amount of such excess or
part thereof which has not been paid into Court before the date of such expiry.]
[28A. Re-determination of the amount of compensation
on the basis of the award of the Court. - (1) where in an
award under this part, the court allows to the applicant any amount of
compensation in excess of the amount awarded by the collector under section 11,
the persons interested in all the other land covered by the same notification
under section 4, sub-section (1) and who are also aggrieved by the award of the
Collector may, notwithstanding that they had not made an application to the
Collector under section 18, by written application to the Collector within three
months from the date of the award of the Court require that the amount of
compensation payable to them may be re-determined on the basis of the amount of
compensation awarded by the court:
Provided that in computing the period
of three months within which an application to the Collector shall be made under
this sub-section, the day on which the award was pronounced and the time
requisite for obtaining a copy of the award shall be excluded.
(2) The
Collector shall, on receipt of an application under sub-section (1), conduct an
inquiry after giving notice to all the persons interested and giving them a
reasonable opportunity of being heard, and make an award determining the amount
of compensation payable to the applicants.
(3) Any person who has not
accepted the award under sub-section (2) may, by written application to the
Collector, required that the matter be referred by the Collector for the
determination of the Court and the provisions of sections 18 to 28 shall, so far
as may be, apply to such reference as they apply to a reference under section
18.]
PART
IV
Appointment of Compensation
29.
Particulars of apportionment to be specified. - When there
are several persons interested, if such persons agree in the apportionment of
the compensation, the particulars of such apportionment shall be specified in
the award, and as between such persons the award shall be conclusive evidence of
the correctness of the apportionment.
30. Dispute as
to apportionment. - When the amount of compensation has been
settled under section 11, if any dispute arises as to the apportionment of the
same or any part thereof, or as to the persons to whom the same or any part
thereof, is payable, the Collector may refer such dispute to the decision of the
Court.
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 entitled thereto according
to the award and shall pay it to them unless prevented by some one or more of
the contingencies mentioned in the next sub-section.
(2) If they shall
not consent to receive it, or if there be no person competent to alienate the
land, or if there be any dispute as to the title to receive the compensation or
as to the apportionment of it, the Collector shall deposit the amount of the
compensation in the Court to which a reference under section 18 would be
submitted:
Provided that any person admitted to be interested may
receive such payment under protest as to the sufficiency of the amount:
Provided also that no person who has received the amount otherwise than
under protest shall be entitled to make any application under section 18:
Provided also that nothing herein contained shall affect the liability
of any person, who may receive the whole or any part of any compensation awarded
under this Act, to pay the same to the person lawfully entitled thereto.
(3) Notwithstanding anything in this section the Collector may, with the
sanction of 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 held 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 competent to contract
in respect thereof.
32. Investment of money
deposited in respect of lands belonging to person incompetent to
alternate. - (1) If any money shall be deposited in Court
under sub-section (2) of the last preceding section and it appears that the land
in respect whereof the same was awarded belonged to any person who had no power
to alienate the same, the Court shall-
(a) order the money to be
invested in the purchase of other lands to be held under the like title and
conditions of ownership as the land in respect of which such money shall have
been deposited was held, or
(b) if such purchase cannot be effected
forthwith, then in such Government of other approved securities as the Court
shall think fit;
and shall direct the payment of the interest or other
proceeds arising from such investment to the person or persons who would for the
time being have been entitled to the possession of the said land, and such
moneys shall remain so deposited and invested until the same be applied-
(i) in the purchase of such other lands as aforesaid; or
(ii) in
payment to any person or persons becoming absolutely entitled thereto.
(2) In all cases of money deposited to which this section applies the
Court shall order the costs of the following matters, including therein all
reasonable charge and expenses incident thereon, to be paid by the Collector,
namely: -
(a) the costs of such investments as aforesaid;
(b)
the costs of the orders for the payment of the interest or other proceeds of the
securities upon which such moneys are for the time being invested, and for the
payment out of Court of the principal of such moneys, and of all proceedings
relating thereto, except such as may be occasioned by litigation between adverse
claimants.
33. Investment of money deposited in
other cases. - When any money shall have been deposited in
Court under this Act for any cause other than mentioned in the last proceeding
section, the court may, on the application of any party interested or claiming
an interest in such money, order the same to be invested in such Government or
other approved securities as it may think proper, and paid in such manner as it
may consider will give the parties interested therein the same benefit the
reform 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 [nine per centum] per annum from the time of so taking possession until
it shall have been so paid or deposited:
[Provided that if such
compensation or any part thereof is not paid or deposited within a period of one
year from the date on which possession is taken, interest at the rate of fifteen
per centum per annum shall be payable from the date or expiry of the said period
of one year on the amount of compensation or part thereof which has not been
paid or deposited before the date of such expiry.]
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 person 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
there from, pay to them such compensation, either in a gross sum of money, or by
monthly or other periodical payments, as shall be agreed upon in writing between
him and such persons respectively.
(3) In case the Collector and the
persons interested differ as to the sufficiency of the compensation or
apportionment thereof, the Collector shall refer such difference to the decision
of the Court.
36. Power to enter and take possession
and compensation on restoration. - (1) On payment of such
compensation, or on executing such agreement, or on making a reference under
section 35, the collector may enter upon and take possession of the land, and
use or permit the use thereof in accordance with the terms of the said notice.
(2) On the expiration of the term, the Collector shall make or tender to
the persons interested compensation for the damage (if any) done to the land and
not provided for by the agreement, and shall restore the land to the persons
interested therein:
Provided that, if the land has become permanently
unfit to be used for the purpose for which it was used immediately before the
commencement of such term, and if the persons interested shall so require, the
[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 of land. - In case the Collector and persons interested differ as to the condition
of the land at the expiration of the term, or as to any matter connected with
the said agreement, the Collector shall refer such difference to the decision of
the Court.
PART
VII
Acquisition of Land for Companies
38. [Company may be authorized to enter and survey]. Rep. by the Land
Acquisition (Amendment) Act, 1984 (68 of 1984), s.21.
[38A. Industrial concern to be deemed Company for certain purposes.
- An industrial concern, ordinarily employing not less than
one hundred workmen owned by an individual or by an association of individuals
and not being a Company, desiring to acquire land for the erection of dwelling
houses for workmen employed by the concern or for the provision of amenities
directly connected therewith shall, so far as concerns the acquisition of such
land, be deemed to be a Company for the purposes of this Part, and the
references to Company in [selections 4, 5A, 6, 7 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 [sections 6 to 16 (both
inclusive) and sections 18 to 37 (both inclusive)] shall not be put in force in
order to acquire land for any company [under this Part], unless with the
previous consent of the [appropriate Government], not 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. [either on the report of
the Collector under section 5A, sub-section (2), or] by an enquiry held as
hereinafter provided, -
[(a) that the purpose of the acquisition is to
obtain land for the erection of dwelling houses for workmen employed by the
Company or for the provision of amenities directly connected therewith, or
[(aa) that such acquisition is needed for the construction of some
building or work for a Company which is engaged or is taking steps for engaging
itself in any industry or work which is for a public purpose, 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 shall 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 [Code of Civil Procedure,
1908 (5 of 1908)] in the case of a Civil Court.
41.
Agreement with appropriate Government. - If the [appropriate
Government] is satisfied [after considering the report, if any, of the Collector
under section 5A, sub-section (2), or on the report of the officer making an
inquiry under section 40] that [the proposed acquisition is for any of the
purposes referred to in clause (a) or clause (aa) or clause (b) of sub-section
(1) of section 40], it shall require 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 -
[payment 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,
[(4) where the acquisition is for the purpose of erecting dwelling
houses or the provision of amenities connected therewith, the time within which,
the conditions on which and the manner in which the dwelling houses or amenities
shall be erected or provided;
[(4A) where the acquisition is for the
construction of any building or work for a Company which is engaged or is taking
steps for engaging itself in any industry or work which is for a public purpose,
the time within which, and the conditions on which, the building or work shall
be constructed or executed; and]
(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 published in the official Gazette, and
shall thereupon (so far as regards the terms on which the public shall be
entitled to use the work) have the same effect as if it had formed part of this
Act.
43. Section 39 to 42 not to apply where
Government bound by agreement to provide land for Companies. - The provisions of sections 39 to 42, both inclusive, shall not apply and the
corresponding sections of Land Acquisition Act, 1870 (10 of 1870), shall be
deemed never to have applied, to the acquisition of land for any Railway or
other Company, for the purposes of which, [under any agreement with such
Company, the secretary of State for India in Council, the Secretary of State,
[the Central Government or any State Government] is or was bound to provide
land].
44. How agreement with Railway Company may be
proved. - In the case of the acquisition of land for the
purpose 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.
[44A. Restriction on transfer, etc. - No Company for
which any land is acquired under this Part shall be entitled to transfer the
said land or any part thereof by sale, mortgage, gift, lease or otherwise except
with the previous sanction of the appropriate Government.
44B. Land not to be acquired under this Part except for certain
purpose for private companies other than Government companies. - Notwithstanding anything contained in this Act, no land shall be
acquired under this Part, except for the purpose mentioned in clause (a) of
sub-section (1) of section 40, for a private company, which is not a Government
company.
Explanation. - "Private company" and "Government company" shall
have the meaning respectively assigned to them in the Companies Act, 1956 (1 of
1956).]
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 section 4, by the officer therein
mentioned, and, in the case of any 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 therein named ordinarily dwells or carries on business, or by fixing a
copy thereof in some conspicuous place in the office of the officer aforesaid or
of the Collector or in the court-house, and also in some conspicuous part of the
land to be acquired :
Provided that, if the Collector or Judge shall so
direct, a notice may be sent by post, in a letter addressed to the person named
therein at his last known residence, address or place of business and
6[registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of
1898), and service of it may be proved by the production of the addressee's
receipt.
46. Penalty for obstructing acquisition of
land. - Whoever willfully obstructs any person in doing any
of the acts authorized by section 4 or section 8, or willfully fills up,
destroys, damages or displaces any trench or mark made under section 4, shall,
on conviction before a Magistrate, be liable to imprisonment for any term not
exceeding one month, or to fine not exceeding 1[five hundred 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 of
the land to himself, and if not a Magistrate, he shall apply to a Magistrate or
(within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police,
and such Magistrate or 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 for the damage suffered by the owner in
consequence of the notice or of any proceedings there under, 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 provision 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 or
building. - (1) The provisions of this Act shall not be put
in force for the purpose of acquiring a part only of any house, manufactory or
other building, if the owner desires that the whole of such house, manufactory
or building shall be so acquired:
Provided 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 be 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
require for the full and unimpaired use of the house, manufactory or building.
(2) If, in the case of any claim under section 23, sub-section (1),
thirdly, by a person interested, on account of the 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 of 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 acquisition shall be defrayed from or by such fund or
company.
(2) In any proceeding held before a Collector or Court in such
cases the local authority or Company concerned may appear and adduce evidence
for the purpose of determining the amount of compensation.
Provided that
no such local authority or Company shall be entitled to demand a reference under
section 18.
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.
[51A. Acceptance of certified copy as evidence. - In any proceeding under this Act, a certified copy of a
document registered under the Regulation Act, 1908 (16 of 1908), including a
copy given under section 57 of that Act, may be accepted as evidence of the
transaction recorded in such document].
52. Notice
in case of suits for anything done in pursuance of Act. - No
suit or other proceeding shall be commenced or prosecuted against any person for
anything done in pursuance of this Act, without giving to such person a month's
previous notice in writing of the intended proceeding, and of the cause thereof,
nor after tender of sufficient amends.
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 [Code of Civil Procedure, 1908 (5 of 1908)], shall apply to
all proceedings before the Court under this Act.
[54. Appeals in proceedings before Court. - Subject
to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable
to appeals from original decrees, and notwithstanding anything to the contrary
in any enactment for the time being in force, an appeal shall only lie in any
proceedings under this Act to the High Court from the award, or from any part of
the award, of the Court and from any decree of the High Court passed on such
appeal as aforesaid an appeal shall lie to 4[the Supreme Court] subject to the
provisions contained in section 110 of the Code of Civil Procedure, 1908, and in
Order XLV thereof.]
55. Power to make rules.
- (1) The [appropriate Government] shall have power to make
rules consistent with this Act for the guidance of officers in all matters
connected with its enforcement, and may from time to time alter and add to the
rules so made:
[Provided that the power to make rules for carrying out
the purposes of Part VII of this Act shall be exercisable by the Central
Government and such rules may be made for the guidance of the State Governments
and the officers of the Central Government and of the State Governments:
Provided further that every such rule made by the Central Government
shall be laid as soon as may be after it is made, before each House of
parliament while it is in session for a total period of thirty days which may be
comprised in one session or two or more successive sessions, and if, [before the
expiry of the session immediately following the session or the successive
sessions aforesaid], both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be;
so however that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule :]
[Provided
also that every such rule made by the State Government shall be laid, as soon as
may be after it is made, before the State Legislature.]
(2) The power to
make, alter and add to rules under sub-section (1) shall be subject to the
conditions of the rules, being made, altered or added to after previous
publication.
(3) All such rules, alterations and additions shall be
published in the Official Gazette, and shall thereupon have the force of law.
ANNEXURE
Exact from the Land Acquisition (Amendment) Act, (1962)
(31
of 1962)
7. Validation of certain
actuations.- Notwithstanding
any judgment ,decree per order of any court, every actuation of land for a
company made or purporting to have been made under part VII of the principle Act
before the 20th day of July 1962 , shall,in so far as such acquisition is not
for any of the purposes mentioned in clause (a) or clause (b) of sub-section (1)
of section 40 of the principal Act, be deemed to have been made for the purpose
mentioned in clause (aa) of the said sub-section, and accordingly every such
acquisition and any proceeding, order, agreement or action in connection with
such acquisition shall be, and shall be deemed always to have been, as valid as
if the provisions of section 40 and 41 of the principal Act, as amended by this
Act, were in force at all material times when such acquisition was made or
proceeding was held or order was made or agreement was entered into or action
was taken.
Explanation - In this section "Company"
has the same meaning as in clause (e) of section 3 of the principal Act as
amended by this Act.
***********
The Land Acquisition (Amendment) Act, 1984 - Extract of
Section 30 - Transitional provisions.
30(1) The provisions of sub-section (1A) of
section 23 of the principal Act, as inserted by Clause (a) of section 15 of this
Act, shall apply, and shall be deemed to have applied, also to and in relation
to-
(a) every proceeding for the
acquisition of any land under the principal Act pending on the 30th day of
April, 1982 (the date of introduction of the Land Acquisition (Amendment) Bill
in the House of people) in which no award has been made by the Collector before
that date;
(b) every proceeding for the
acquisition of any land under the principal Act commenced after that date,
whether or not an award has been made by the Collector before the commencement
of this Act.
(2) The provisions of
sub-section (2) of section 23 and section 28 of the principal Act, as amended by
clause (b) of section 15 and section 18 of this Act respectively, shall apply,
and shall be deemed to have applied, also to, and relation to, any award made by
the Collector or Court or to any order passed, by the High Court or Supreme
Court in appeal against any such award under the provisions of the principal Act
after the 30th day of April 1982 (the date of introduction of the Land
Acquisition (Amendment) Bill 1982, in the House of the People and before the
commencement of this Act.
(3) The provisions of section 34
of the principal Act, as amended by section 20 of this Act, shall apply, and
shall be deemed to have applied, also to, and in relation to,
(a) every case in which
possession of any land acquired under the principal Act had been taken before
the 30th of April, 1982 (the date of introduction of the Land Acquisition
(Amendment) Bill 1982, in the House of the People ), and the amount of
compensation for such acquisition had not been paid or deposited under section
31 of the principal Act until such date, with effect on and from that date;
and
(b) every case in which such
possession had been taken on or after that date but before the commencement of
this Act without the amount of compensation having been paid or deposited under
the said section 31 with effect on and from the date of taking such
possession.
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