What is Land Acquisition Act ?
Land Acquisition Act deals with law to acquire the land for Public purpose and for Companies or Societies. For public purpose is meant the land to be acquired to benefit a large section of community. For companies purpose the land is taken to mean everything in connection with land such as buildings standing on it, standing trees, crops etc.The act also provides the speedy method of finding compensation to be paid to acquire the land, the manner in which the land is to be acquired, norms and forms to be followed for acquisition.
Necessity of Land Acquisition Act :
For implementation of any urban development programme , availability of land and its control are necessary. Acquisition of land for creating an adequate stock of urban land is necessary not only for future growth but also for a large number of public uses.
One of the most important legal tools to acquire the land is the land acquisition act of 1894. The basic principle of this land acquisition act is to give top priority to the welfare of the community.
Purpose of the land acquisition act is to combine the different ownership into one authority for the development programme.
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Objectives of Land Acquisition Act In India :
Section 4 : Publication of Preliminary Notifaction and Powers of Officer thereupon :
When the local government think appropriate to acquire the land for public purpose a notification to that effect is published in the Government Gazette. They carry out survey to take levels, trial pits to check whether the land is appropriate for such purpose and finally to set out boundaries of the land.
When the Land Acquisition Act is for the company, the officer of the company is authorized by the local Government or Deputy commissioner to exercise the above powers.
Section 5 : Payment of Damage :
The investing officer shall pay tender payment for a damage fee to the owner and in case of any dispute as to the sufficiency of the amount so paid or tendered, the case will be to the Chief Revenue Officer of the District, Whose decision shall be final.
Section 5A : Hearing of Objection of Land Acquisition Act :
Any person who’s interested in the land which is needed or likely needed for the public purpose or for a company has to file objection against such land acquisition on or before the date specified in the preliminary notification.
Section 6 : Declaration of Intended Acquisition :
If the local Government is satisfied after considering the report made under section that the land is required for public purpose or any company, the declaration to that effect is made in the Government Gazette and the Deputy commissioner may proceed to acquire the land.
Section 9 : Notice to Persons Intended :
The Deputy commissioner shall then give notice to all the persons interested in the land, that the claim of the compensation fot interest in such land may be made to him. such notice should state :
- Particular of the land.
- Nature of the respective interest in land.
- Claims of the compensation for such interest.
Section 11 : Award by the Deputy Commissioner :
On the date so fixed , the Deputy commissioner will proceed to acquire into the claims of all persons interested in the land then pass the award. The total amount of the compensation to be paid and its a portion amongst the various co-shares is called award.
Section 16 : Taking Possession :
After the award is made the Deputy commissioner may take possession of the land which shall there absolutely in the Government free from all encumbrance. The fact of such taking possession
Section 17 : Special Powers of Taking Possession in Case of Emergency :
In any case of urgency the government can direct the Deputy commissioner through no such award has been made to take possession of any waste or available land needed for the public purpose of for a company. Such land thereupon vest in government emergency cases such as :
- Sudden change in the channel of navigable river.
- Land necessary for Railway.
- Land required for the maintenance of the traffic.
- Land required for making ghat station or providing convenient connection to any such station.
Section 18 : Reference to Court :
Any person interested in the property who is not satisfied with the award in any respect may wake a written application to the deputy commissioner within 90 days from the date of issue of such notice. The applicant shall state the grounds on which objection to the award is taken. The Deputy commissioner shall make reference to the court within 90 days from the date of receipt of an application under sub-section.
Section 23 : Matters to be considered for determination of compensation :
In determining the amount of compensation to be awarded for land acquisition, the court shall take into consideration the following :
- Market value i.e the actual use value at the time of publication of the first notification under Section 4, sub-section (1).
- Compensation to be paid for standing crops, trees etc .
- Compensation to be paid for the damage of the land.
- Damage caused to movable or immovable property or the earnings.
- Compensation for change of residence or change of occupation.
Section 24 : Determination of Compensation :
The court after paying due consideration for the matters referred Section 23, shall determine the amount of compensation and the orders of the court will be final and binding both on the party and the Government. The Deputy Commissioner may deposit the amount of compensation according to the Court’s decision and may take possession of the land. In addition to the market value of the land as provided above, the Government has to pay extra 15 percent on such market value on account of compulsory land acquisition
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