LAND ACQUISITION

ACT 1894

PRESENTED BY:
Ar. Abhijit Marawar
PREAMBLE:
Land can not be shifted from one place to another .
For the advancement of any country , it is but natural to have
sufficient land for PUBLIC PURPOSES like parks, utility services, etc
It is necessary that land required for the PUBLIC PURPOSES should be
at a very reasonable.
In some cases, Public are not ready to participate because of
sentimental value .
All such obstructions affects the welfare of citizens.
Hence Govt of India has enacted the law i.e.. LAND ACQUISITION
ACT, 1894.
Acquisition means to POSSESS.
Under this law, land acquisition from land owner is compulsory if land
is required for PUBLIC PURPOSE and compensation has to paid to
owner by Govt.
Govt has power to acquire the land under this ACT so it is termed as
LAND ACQUISITION ACT.
BASIC PRINCIPLES OF LAND ACQUISITION ACT:
Land or property is required for Public Purpose
LAND ACQUISITION by owner is compulsory and
there is no option in the same.
Owner is entitled to get market value as against
sentimental value.

Property is acquired free from all encumbrances.

In addition to market value, an owner will be entitled

to additional compensation of 30 % on the value of
such land for the compulsory acquisition which is
known as ‘Solatium’.
 Land is not sufficient
LAND FOR PUBLIC PURPOSE: for settlement.

It includes:
 Provision/ Extension of Village sites. Land
improvement / Development of existing village
sites
 Provision of land for town / Rural Planning.
 Provision of land for planned development of land Govt Can acquire land for
development / extension
from public scheme or policy of Govt.
of settlement.

 Provision of Land for corporation owned or control by state . E.g. . MSRTC,

MHADA, MIDC, MSRDC etc.
 Provision of land for residential purposes to the poor or landless or person
residing in area affected by natural calamities or project affected persons
 Provision of land for carrying out any educational, health, housing, slum
clearance in other words public facilities.
 Provision of land for any other scheme of development sponsored by Govt
or with prior approval of appropriate Govt or by a local authority.
 Provisions of any premises or building for locating a public office.
 PROCEDURE:
The procedure of the acquisition can be divided into
following parts:

1. INVESTIGATION
2. OBJECTIONS AND CONFIRMATION
3. CLAIM AND VALUE
4. AWARD
5. POSSESSION
6. PAYMENT
7. REFERENCE TO COURT
8. APPORTIONMENT
PART I-A :
SECTION 3: PRELIMINARY SURVEY
SECTION 4: PRELIMINARY INVESTIGATION
SECTION 5: HEARING OF OBJECTIONS
SECTION 6: DECLARATION OF INTENDED ACQUISITION
SECTION 9: NOTICE TO PERSONS INTERESTED
SECTION 10: POWER TO REQUIRE AND ENFORCE THE MAKING OF
STATEMENTS AS TO NAMES AND INTERESTS.
SECTION 11: ENQUIRY AND AWARD BY COLLECTOR
SECTION 11 A: PERIOD WITHIN WHICH AN AWARD SHALL BE MADE
SECTION 12: AWARD OF COLLECTOR WHEN TO BE FINAL
SECTION 16: POSSESSION

PART III : REFERENCE TO COURT AND PROCEDURE

SECTION 18: REFERENCE TO COURT
SECTION 23: MATTERS TO BE CONSIDERED IN DETERMINING
COMPENSATION
SECTION 24: MATTERS TO BE NEGLECTED WHILE VALUATION FOR
COMPENSATION
SECTION 25: AMOUNT OF THE COMPENSATION
SECTION 29: PARTICULARS OF APPORTIONMENT TO BE SPECIFIED
SECTION 30: IF DISPUTES AS TO APPORTIONMENT
SECTION 48: ACQUISITION IS WITHDRAWN
PROCEDURE:
PART I-A :
SECTION 3: PRELIMINARY SURVEY
For any Public purpose or for the selection of land,
preliminary surveys are required.

Section 3 Empowers Government or authority which is

going to acquire the land to carry out preliminary surveys
and selection of land.

 Authority which is going to acquire the land has to carry

out preliminary surveys and to do the selection of land.
PROCEDURE: PART II: ACQUISITION :
SECTION 4: PRELIMINARY INVESTIGATION
When land is required by a local authority, an application is
required to be made by authority to the revenue authority, the
application is to be accompanied with a copy of plan showing
1. Survey Nos
2. Purpose of Acquisition
3. Reason to why this particular land / site has been selected
for the purpose of acquisition

After the Govt has been fully satisfied about the purpose ,
authority need to issue a notification under Section 4 of the act
in the state Govt Gazette that the particular land is needed for
public purpose. It should also published in 2 daily newspapers
of which at least 1 shall be in regional language.
In the notification the objections need to be invited to the
said acquisition within 30 days from the date of notification
under section 4 or from the further date as may be fixed
by the collector.

Section 4 is very important as it fixes the material date

for valuation.

Date of notification is considered for valuation for

compensation.

After the notification under section 4 – owner is

prohibited from selling his property or disposing.

Under this section, boundaries of the land to be

acquired are to be set out.
PROCEDURE:
SECTION 5 : HEARING OF OBJECTIONS
PERSON INTERESTED: Includes all persons claiming an interest in
compensation to be made on account of the acquisition of the
land.
Any person interested in any land which has been notified
under section 4 shall object to the acquisition of the land under
Section 5.
The objection shall be made to the collector or land acquisition
officer.
Objections to the acquisitions will be valid on one or more of
the following grounds
1. The purpose for which the land is proposed for acquisition
is not a public purpose.

2. The land is not suitable for the said purpose.

 3.The land under acquisition is less suitable than the
other piece of land

4. The area under the acquisition is excessive than

required.

After hearing the parties , collector will submit his report

to Govt ( Divisional Commissioner) with his observations.

If Govt is satisfied about the same it will finally declare

the land for acquisition under section 6 and if the
objections of owners are upheld, the Govt can cancel the
notification.
PROCEDURE:
SECTION 6: DECLARATION OF INTENDED ACQUISITION:
Under this section , declaration of exact area of land to be acquired
with survey Nos and Public purpose for which it is to be acquired.
Notification is to be published in state Govt Gazette stating exact area
with survey no and public purpose for which the particular land is
needed. It should also be published in 2 DAILY NEWSPAPERS of which
at LEAST 1 SHALL BE IN REGIONAL LANGUAGE.
The valuated value of the property in section 4 valid up to 1 year and
if it expires then we have to again revaluate the property under
section 6 and need to publish it again under section 4.
After declaration, commissioner shall direct collector to take order for
acquisition under Section 7
The collector shall demarcate the area of the land unless it has been
already marked out under section 4. If no plan has been made there
of, a plan to be made of the same under section 8
PROCEDURE:
SECTION 9: NOTICE TO PERSONS INTERESTED:
Collector publishes a public notice at convenient places or on near
the land to be taken , stating that the Govt intends to take possession
of the land, and that claims to compensation for all interests in such
land may be made to him.
Such notice shall state
1. The particulars of the land so needed.
2. All persons interested in the land shall required to appear
personally or by agent before the collector at a time and place therein
mentioned (not earlier than 15 days after the date of publication of
the notice)
Owner need to submit claim to the collector and for this claim he
should have substantial proofs for asking this much amount as a
compensation.
Claims can be according to the market value or valuations done by
valuer
PROCEDURE:
Under section 9, Owner can object the demarcation/
measurements made under section 8
The claim/ statement should be made in writing and signed by
the party or his agent.

SECTION 10: POWER TO REQUIRE AND ENFORCE THE MAKING OF

STATEMENTS AS TO NAMES AND INTERESTS:
The claim filed before a collector / Land Acquisition officer
must contains:
1. Name of every person possessing any interest in the land or
any part thereof as tenant, mortgagee etc..
2. Rents and profits received for the last three years.
3. valuation report of an Architect.
Every person required to make a statement under this section
or section 9 shall be deemed to be legally bound.
Procedure:
Enquiry into measurements, values and claims and award by the
collector
Section 11: Enquiry and award by Collector
Under this section , collector shall proceed to enquire into the
objections about the measurements done in section 8 and the
compensation or value of the land under section 4.

Collector need to value:

1. True area of the land (Land to be acquired)
2. Compensation which in his opinion should be allowed for the
land
3. Apportionment – Distribution of compensation among all the
persons known or believed to be interested in the land
Procedure:
Section 11 A: Period within which an award shall be made:
Collector shall make an award within a period of 2yrs from the date of
publication of declaration.
If no award is made within this period , entire proceedings gets laps and he
has to go to again to section 4 .
Collector has to grant 30 % solatium + value of the land under section 4
which is finally decided in section 6 so 12% special value (i.e.. Interest ) per
year.
solatium – as the land acquisition officer acquires land forcefully without
their interest so solatium is given to solace the owner
So owner will get maximum, market value + [30% solatium + (12x 2 = 24%
special value) = 54% of market value]
Agricultural Field
Owner will also get –
1. Shifting charges
Proposed Road
2. Loss of Business
3. Goodwill
To claim for goodwill is owners responsibility
well
There is no rule for severances
Land Acquisition officer need to study what will happen because of
severance and after that evaluate it for the compensation on the basis of
the proofs and present condition on the site.
PROCEDURE:
SECTION 12: AWARD OF COLLECTOR WHEN TO BE FINAL
The collector / land acquisition officer has to inform or give
immediate notice of his award to such of the persons interested
stating that what will get as a compensation and how much
area will get acquire.

SECTION 16: POSSESSION:

When the Collector has made an award under section 11 , he
may take possession of the land, which shall thereupon free
from all encumbrances i.e. Paper Possession.
Under this section :
1. Taking Possession
2. Paying Compensation
Procedure:
Part III : Reference to court and procedure thereon
Section 18: Reference to court
Any person interested who has not accepted the award may write the
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 apportionment of the compensation
among the persons interested.
The application shall the state the grounds on which objection to the
award is taken
Every such application shall be made –
1. If the person making was present or represented within 6 weeks from
the date of the collectors award before the collector.
2. Any order made by the collector on an application under this section
shall be subject to revision by the high court.
If there is some increase in the compensation then the interested person
gets an interest on the compensation i.e.. 9 % per annum
PROCEDURE:
Section 23: Matters to be considered in determining compensation:
In determining the amount of compensation to be awarded for the land
acquired under this act, the court shall take into consideration:
1. Market value of the land at the date of publication (section 4)
2. Damage sustained by the persons interested
e.g. If there is any crop on the land at the time of possession, its value
should be accounted.
3. Severances – When the land is divided in parts by the portion of the
land to be acquired by the Govt, the owners has to compromise on its
access or other things. This is Known as Severance.
4. Injurious affection
5. Loss of Business
6. Shifting charges
7. Goodwill
In addition to the market value, the claimants will be entitled to an
additional compensation of 30 % as a solatium
12 % per annum- special component.
PROCEDURE:
SECTION 24: MATTERS TO BE NEGLECTED WHILE VALUATION FOR
COMPENSATION:
Degree of urgency
Any disinclination of the person interested to part with the land
acquired
Damage sustained by him
Damage caused after the date of publication of the declaration
under section 6
Any increase or decrease of the land acquired likely to increase
from the use to which it will be put when acquired.
Increase to the value of the other land of the person interested
likely to increase from the use for which it is acquired.
Any improvements done on the land after date of publication
under section 6
PROCEDURE:
SECTION 25:
The amount of the compensation awarded by the court shall not be
less than the amount awarded by the collector under section 11.
Apportionment of compensation
SECTION 29: PARTICULARS OF APPORTIONMENT TO BE SPECIFIED
Where there are several persons interested , compensation is
distributed to everyone under section 9
If anyone of them does not agree to the compensation made may
complaint to collector.
If nobody comes to the collector for claiming the compensation,
collector shall deposit the amount to the court under section 30 – 31
(payment)
SECTION 30 : IF 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 ,collector instead of taking risk may refer the matter to
court.
PROCEDURE:
SECTION 48
If after all this procedure , Govt feels that there is no need to
acquire the land then the proposal of the acquisition is
withdrawn under section 48.

It is applied only if possession has not been done.

If the proposal is withdrawn still the owner need to be

compensated.
Thank You ….