Land Acquisition Process

PROFESSIONAL PRACTICE

Kashaf Sayed | 16100 | 25/05/ 2020

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. Explain the complete procedure of land acquisition?

Procedure of land acquisition :

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Land acquisition :
Land Acquisition means the process whereby a person is
compelled by a government to give all or part of the land a person
owns or possesses, to the ownership and possession of that
agency, for public purpose in return for a compensation.
This acquisition may be against the will of the owners but
compensation is paid to the owners of person interested of the
land. This can be distinguished from an outright purchase of land
from the market. Land acquisition proposal by the government
generally are compulsory in nature, not paying heed to the owner
unwillingness to the part with the land.
The procedure is as follows:
The appropriate government that is the State government or the
central government identify that it requires a piece of land for
public purpose or for a company. It publishes a notification to that
effect in the official gazette and the substance thereof is
published by the collector in a notice that he places in a
conspicuous place of the land ought to be acquired. The
notification of government is also published in two newspapers
one of which is the regional language of the place where the land
to be acquired is situated (Section 4[1]). Within 30 days of such
notification, the person interested in the land can raise the
objection to the collector, in writing, of any issue related to the
acquisition of the land. The collector shall after making his
comment forward it to the central government, whose decision
on the matter shall be final. After having gone through the report
filled by the collector u / s 5A a ( as mentioned above )the

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appropriate government cell publisher declaration of the

intention to acquire land in the same manner as mentioned
before ( section 6 ) The collector shall then issue a notice to the
person interested to an enquiry to be held before him regarding
the key aspects on to area of land, compensation etc to make
claims and stating that the government intends to acquire the
land.
Section 11 states that the collector shall make an award under his
hand of:
 The true area of land.
 The compensation, which in his opinion should be allowed
for the land.
 The apportionment of the said compensation among the
persons
This award shall be made only after conducting an enquiry
as per section 9 and after obtaining the prior approval of the
appropriate government. After having compensation, the
government can take positions of the land. The land shall
then vest with the government without any problem
(section 16 ). Section 17 states that in case of urgency , the
government can acquire the land without paying
compensation though compensation will have to be paid
eventually. The compensation to be paid is the market value
of the land as it exist on the date of the first notification u / s
4 of the act. Also, it is important to mention here that the
land has to be acquired within a period of two years from
the date of the first notification under Section 4, failing

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which the whole procedure will have to be followed again.

The process of land acquisition needs to be started
immediately after finalising the alignment. Provision of the
appropriate land acquisition act will govern the various steps
to be followed in the process of land acquisition. Depending
on the quantum of land acquisition, creation of separate
land acquisition authority may also be sometimes necessary.
Acquisition of government land. Private land, forest land and
land falling under coastal regulation zone etc. Will attract
different acts / regulation. The various steps in land
acquisition, namely, appointment of exclusive complement
authority , if required declaring intention of acquisition,
issuing notices and giving hearing to the affected parties,
join measurements, final notice and acquisition of the land,
etc. Require considerable time and need to be closely
monitored to acquire the land within the desired time limit.
Temporary and permanent structures coming in alignment,
trees need to be cut , including those in forest lands, need
special attention for obtaining permission / valuation from
the the competent authority. Similarly, obtaining permission
of the ministry of forest UN environment for the forest land
and the land coming in the coastal regulation zone need to
be processed in time. Identification and acquisition of land
for borrow area ,quarries, etc. Also need to be started in
advance in case of large projects, such as, National Highway
projects and Express projects.

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Some pointer starred in the the flow chart

Severed Land Cases, compensation for injurious affecttion, urgency
clause,

Severed Land Cases: a property where a proposed road or railway line is

causing division of land due to acquisition, then the divided piece of land is
called severed land
There are times when the owner raises problem over acquiring a part of
land instead of the whole .Hence there is uneven division of land. Therefore
there are some chunks of land created on which nothing fruitful can be
done. if there is any dispute as to whether a particular part notified does or
does not form an integral part of the whole property, it is obligatory on part
of the LAO to refer such matter for the determination of the court. If the
court holds in favor of the claimant, LAO will have to proceed for the
acquisition for the whole property.

Before (division created) After (A part served land

Created)
Compensation For Injurious Affection: The process of being
affected due to some kind of injury like passing of over-head
transmission lines or passing of an oil or gas pipeline underground are
examples of injurious affection
When either earnings or the market value of land is affected due to
intended acquisition, the owner needs to be compensated for losing

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his easement rights and he needs to be compensated for injurious

affection.

Urgency Clause:
There are cases where in the acquiring body requires land notified for
acquisition on immediate basis, the acquisition officer has some right by
which he/she can take possession by urgency clause by doing an interim
payment. The owner have to hand over immediate possession of the land
in such case. The L.A.O will pay the balance amount of compensation as
soon as he completes his enquiry. If the owner is not satisfied with the
compensation, he can request the L.A.O to make a reference to the court
for additional compensation.

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