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Functions of Land & Building Department

Land & Building Department of Govt. of Delhi is responsible for large-scale acquisition of
land for Planned Development of Delhi and placing it at the disposal of DDA for development
and disposal. It has 4 main branches viz Land Acquisition Branch, Alternative Plot branch,
E.P. Cell and Housing Loan branch.

I Functions of Land Acquisition Branch

This branch processes the proposal for acquisition of land received from DDA as well as
other Departments of Govt. of Delhi. It also processes the applications for de-notification of
land.

(A) Procedure for Acquisition of Land under the provision of Land Acquisition Act
1984

On receipt of the proposal for acquisition of land from the DDA or any other Govt.
department, the same is forwarded to the concerned Land Acquisition Collector for
furnishing the draft notification under the provisions of the Land Acquisition Act 1894 after
conducting the joint survey of the land proposed to be acquired.

The ADM/LAC concerned furnishes the requisite draft notification under section 4 & 6 of the
L.A. Act, 1894 either under the normal clause or by invoking urgency clause depending
upon the proposal received from the requisitioning department. The draft notification so
received from the ADM/LAC concerned are scrutinized by the Revenue officials of this
department. If any discrepancies are found in the draft notification, the same is conveyed to
the ADM/LAC concerned for rectification. The rectified draft notification is put up to Hon’ble
L.G. for approval as per categories below.

i. Notification U/s 4 is an intention of the Government to acquire the land, issued after
obtaining approval of L.G.

ii. Objection U/s 5-A is to be filed by the landowners, whose land is notified U/s 4 of the
L.A. Act, within 30 days of publication of the notification, with LAC concerned.

iii. On receipt of the report on 5-A objections from the LAC concerned, the report is
considered by the Appropriate Government i.e. LG and thereafter, declaration U/s 6
is issued either for the whose land notified u/s 4 or less on the basis of the
consideration of the report of the LAC. The declaration u/s 6 has to be issued within
one year from issuance of section 4 notification, failing which notification issued u/s
4 will lapse.

iv. LAC concerned has to announce the Award u/s 11 of the L.A. Act within two years of
declaration U/s 6. After announcing the Award, possession of the land is
taken/handed over as per provision of section 16 of the L.A. Act.
(B) Steps involved in acquisition of land invoking urgency clause

i. In case the land is urgently required, then urgency clause is invoked. Approval
of the Competent Authority i.e. LG is obtained for issuance of notification U/s 4
read with 17(4), 6 & 17(1) dispensing with filing of the objections by the land
owners U/s 5-A before the LAC.

After obtaining approval of L.G, notification U/s 4 read with 17(4) is issued.
Section 17(4) dispenses with objections U/s 5-A.)

ii. Declaration U/s 6 & 17 (i) can be issued after publication of notification U/s 4,
within one year of such notification (U/s 17(i) possession of land can be taken
before announcement of Award. It is mandatory for the requisitioning
department to deposit 80% estimated compensation amount, the demand for
which is raised by concerned LAC, with L&B Department before issuance of
declaration U/s 6 & 17(i), as LAC has to offer 80% estimated compensation
amount, to the land owners at the time of taking over the possession).

iii. ADM/LAC concerned will take possession of land notified U/s 6 & 17(i) giving
15 days notice U/s 9(i) to the interested persons, after offering 80% of the
compensation amount.

iv. Further LAC concerned will have to announce the Award within 2 years from
date of issuance of declaration U/s 6 & 17(i).

II POLICY GUIDELINES AND PROCEDURE FOR DENOTIFICATION


OF LAND ACQUIRED UNDER LAND ACQUISITION ACT

(A) LEGAL PROVISIONS:

Section 48 (i) of the LA Act 1894 provides that except in case provided for U/s 36(i),
the Govt. shall be at liberty to withdraw from the acquisition of any land of which
possession has not been taken. Thus, the power to withdraw any land from
acquisition has been created under the statute, which provides that the land can be
de-notified if the possession of which has not been taken over by the government.
However, this power has to be exercised in judicious manner and on the basis of
guidelines framed by the Govt. the details of which in brief are as under:

(B) Guidelines and procedure for de-notification

A Committee called as ‘Denotification Committee’ consisting of the following members


shall examine all denotification proposals and submit its recommendations to the Lt.
Governor as to whether such proposal may be accepted or rejected.
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