LAND ACQUISITION ACT

2014 NKOCET, SOLAPUR 1

• 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.

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• One of the most important legal tools to acquire the
land is the Land Acquisition Act of 1894.

• It has been subsequently amended in 1961.

• The basic principle of this act is to give top priority

to the welfare of the community.

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• The right to acquire the land imposes obligation on
the part of the state to pay appropriate
compensation, before acquiring the land.

• The basis of compensation to be paid to the owner

for the loss of his property rests with the state to
settle.

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• The main obstacle in the development work is the
distribution of land into a large number of
ownerships.

• Purpose of acquisition is to combine the different

ownerships into one authority for the development
programme.

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 Section 4(1)
Publication of Preliminary Notification and Powers of
Officer thereupon.

• When the local Government thinks appropriate to

acquire the land for public purposes, a notification
to that effect is published in the Government
Gazette.

• Such notice has also to be given in the locality.

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• On the publication of such notice, the officer
authorized by the Government can enter upon and
carry out the survey to take levels, trial pits, to
ascertain whether the land is appropriate for such
purpose and finally to set out boundaries of the
land.

• When the acquisition is for the company, the officer

of such company is authorized by the Local
Government or Deputy Commissioner to exercise
the above powers.
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• The investigating officer who has been authorized
to carry out the survey, shall have to complete his
investigation and submit his report to the Deputy
Commissioner within a period of three months or
at best six months from the date of publication of
preliminary notice.

• The Deputy Commissioner shall forward the

report with his remark to the Government under
sub-section (2) of Section 5A.
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 Section 5
Payment of Damage
• ‘The investigating officer shall pay or tender
payment for the damage fee to the owner.

• In case of dispute as to the sufficiency of the

amount so paid or tendered, the case will be
referred to the Chief Revenue Officer of the District
or Deputy Commissioner, whose decision shall be
final.

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 Section 5-A
Hearing of Objection
• Any person interested in the land which is needed
or likely to be needed for public purpose or for a
company, has to file objection against such
acquisition of land on or before the date specified
in the preliminary notification under section 4(1).
• Every objection under sub-section (1) shall be
made to Deputy Commissioner in writing who will
give a hearing and after hearing the objections, he
shall make a report making recommendation to
the Government for decision.
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 Section 6
Declaration of Intended Acquisition
• If the local Government is satisfied after considering
the report made under Section 5-A, sub-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.

• Such final notification regarding the declaration of

intended acquisition given under Section 6 has to be
made within three years from the date of preliminary
notification.
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 Section 9
Notice to Persons Interested
 The Deputy Commissioner shall then give notice
to all the persons interested in the land, that the
claims of compensation for the interest in such
land, may be made to him.

 Such notice should state

• Particulars of land
• Nature of respective interest in land
• Claims of compensation for such interest
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 Section 11
Award by the Deputy Commissioner
• On the date so fixed, the Deputy Commissioner will
proceed to enquire into the claims of all persons
interested in the land and then pass the award.

• The total amount of compensation to be paid and

its apportionment amongst the various co-sharers,
is called Award.

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 Section 16
Taking Possession
• After the award is made, under Section 11, the
Deputy Commissioner may take possession of land
which shall thereupon vest absolutely in the
Government free from all encumbrances.

• The fact of such taking possession will be notified

by the Deputy Commissioner in the Official
Gazette and the notification will be the evidence
of such fact
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 Section 17.
Special Powers of Taking Possession in case of
Emergency
1. In case of urgency the Government can direct the
Deputy Commissioner, though no such award has
been made, to take possession of any waste or
available land needed for public purposes or for a
company.

2. Such land shall thereupon vest absolutely in the

Government.
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Emergency cases such as
• Sudden change in channel of navigable river

• Land necessary for Railway

• Land necessary for maintenance of traffic

• Land required for making ghat station or providing

convenient connection to any such station

• Owing to breaches or damage to road

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 Section 18
Reference to Court
• Any person interested in the property who is not
satisfied with the award in any respect may make a
written application to the Deputy Commissioner
within ninety 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

court within ninety days from the date of receipt of
an application under sub-section (1).
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 Section 23
Matters to be Considered for Determination of
Compensation

• Market value at the time of publication of the first

notification.

• Compensation to be paid for standing crops, trees

etc.

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Contnd;
• 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

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 Section 24.
Determination of Compensation

1. The court after paying due consideration for the

matters referred under section 23, shall determine
the amount of compensation

2. The orders of the court will be final and binding

both on the party and the government.

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 Section 24.
Determination of Compensation

3. The deputy commissioner may deposit the

amount of compensation according to the court's
decision and may take possession of the land.

4. In addition to the market value of the land as

provided above, the government has to pay an
extra 15 percent on such market value on account
of compulsory acquisition.
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Betterment Contribution

• Due to any town planning scheme, if some owners

of the property are affected, then the Government
has to pay a certain amount of compensation for
causing damage to the owner's property.

• But it may so happen that some owners of the

property will be benefitted due to development
scheme.

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Contnd;
• Such owners have to pay to the planning authority a
certain amount of share in respect of increase in
value of the land resulting from the execution of the
development scheme.

• This share is known as Betterment which the

Government or development authority recovers
from the owners for bettering their land.

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The important provision regarding
betterment

• The list of properties put to Betterment shall be

published with notification and the same notices
are given to the respective owners and their
objections, if any, are invited.

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Contnd;
• The maximum Betterment contribution shall be
50% of the increase in the value of the property
resulting from the execution of the development
scheme.

• The value of the Betterment will be fixed only after

the scheme is completed.

• In case of dispute, the owners of the property can

refer to the court or tribunal whose decision will be
final.
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