o a MB PPPPPLIL LLP IIIL EL III AR HEB xrnovvctron (THe CANS _REGUISIFION RET AND YOu 7 INTRODUCTION Introduction WHO CAN USE THIS aD here are various groups and social activists throughout wr ‘THE PROBLEM yy ye a the country who are engaged in fighting a desperate battle against mindless, unplanned displacement. While the herculean task of organisi 1g the people for their survival can be handled only by them, we hope to make their work a little easier by giving them the necessary legal information in this manual. Lawis not an automatic cure for all ills. Lisa tool, and if handled properly can be of some use. tis necessary to identify the laws of the land that are to displace, compensate and rehabilitate people and to examine their contents in detail. After such an appraisal it will be possible to pinpoint the glaring shortcomings of the lawand of the underlying policies. ‘The manual ‘The Land Acquisition Act and You" has been designed for use by those facing the problem of displacement and also those activists who are working with them. In this manual there is a step by step explanation of the various sections of the Land Acquisition Act 1894 under which ands are acquired, and the authorities who need to be ap- proached. The shortcomings in the laws and policiesrelated to land acquisition and compensation have been highlighted for the benefit of the readers, so that they are able to understand the situation better and take requisite action. ‘ne of the major problems facing the rural Indian popu- lation today is displacement from their homes, lands, villages and environment. This is not a new or a recent phenomenon. If anything, it is centuries old. But firstly, the numbers it affects have risen sharply since independence, andsecondly, due tothe increasing paucity of lane i has Beco more and more difficult for displaced populations (° find alternative rehabilitation, Displacement takes place due to seve! be roughly grouped as natural calamities, pol fi unbalanced development. While the first wo causes are 08% the last reason for displacement is a postindustrlal et cation. 1. Natural Calamities Natural calamities like earthquakes, floods, etc, force people in the area to move out displacementis normally temporary in nature. displacement shortterm relief measures are wnclertaken by the concerned authorities. What perhaps needs to be high lightedis that many so-called natural calamities are manmade For example the disastrous Yamuna floods of 1978 which affected a large part of U.P., Haryana and Delhi had thei origin in the heavy erosion and landslides in the Wangan region of Uttar Kashi district and neighbouring regions of Himachal Pradesh. But this erosion was caused by large-scale deforestation and dynamite blasting. ral reasons. They ea” itical unrest and and epidemics, type of For this kind of 2. Political Unrest Peopleare forced to leave their homes due to poli in the form of civil wars, riots, inter-country wars, ete. They are referred to as ‘political refugees’. They are forced to migr toa different place within the country ot for sometime even to another country, for example the transfer of populations alter the partition in 1947, persons migrating out of Pu 1980s to Delhi and other neighbouring areas, or the refugees from Bangladesh in 1971. More recent examples are the people of the Ghakma tribe driven out from Bangladesh, Afghans, Sri Lanka Tamils and of course, most recently those: from Kashmir. all pressure b in the 3. Displacement due to Projects Large developmental projects be they industries, dams, mines, \ thermal or nuclear power plants require Vastquantities of land. CANO YOU TINTROoUeTION | 7 : TOTP HMRREMRORMPMOMARAMNAAPOHPPPSPIPSP ES } Tis WHY IS LAND ACQUIRED? ‘Somewhat lessland is required for defence projects, or wild life sanctuaries. Displacement, though ona much more moderate scale, is also caused by the setting up of hospitals, schools, roads, housing, et _ ‘Since India is a country where more than 70% of the people are dependent on the primary sector, and live in the rural areas, there is hardly any land that is not already occupied. Land therefore has to be ‘acquired’ and taken away from existing occupants and users. This leads to large scale ‘dis- placement’ and transfer of people living on that land. The Land Acquisition Act 1894 isthe law under which government can take away land from its owners.HAPTER 0 EXTENT OF APPLICATION OF ACT P rior to 1984, the ACQUISITION UNDER ALLIED part from the Land Acqui STATUTES called ‘The Act’) which Land Acquisition Act: Its Scope Act, 1894 war not nd Kashmir, Rajast ined applicable to the States of J han, Kerala and Nagaland which had dheir own seth Land Acquisition Acts. These Acts 1 some respects from the Act of 1894 but the broad scheme was generally (he same, In 1984 the Land Acquisition (Amendinent) Act wax passed (hereafter referred to as the Amendment Act 1984). It rrade the Land Acquisition Act, , 1894 applicable to the whole of India except Jammu and Ka which enjoys a special position under the Constitution and stil governed by the States (Jammu and Kash tion Act, 1990 (1930 A.D.) inues to be ir) Land Acquisi jon Act, 1894, (hereinafter directly and exchusively con cerned with the acquisition of land by the Government there are a large number of other laws (Central as well as State) which permit the Government to acq purposes such as planned development of industr ‘clearance, town planning/improvement municipal housing schemes etc. Instances «The Forest Act, 1927 (see Appendix 8) «The Coal Bearing Areas (Acquisition & Development) Act, 1957; «The Slum Arcas (Improvement & Clearance) Act, 1956; «The Delhi Development Act, 1957; «The Maharashtra Industrial Development Act, 1961; land for speci THE CAWD ACQUIBITION ACT AND You y ive, , , , . . > > . . . . 2 > 3 > ° e > ° > 3. e ~ v 7 STATE AMENDMENTS TO THE ACT THE LAND ACOUISITION ACT AND YOU TTI hhis Act has been enacted by the Central Government. However, the state Governments have the power to amend, its provisions. (Article 246 of the Constitution read with item 42ofList Illin the Seventh Schedule to the Constitution). This means that within the territory of each State the Act will be applicable in the amended form. ‘The State Government can make any amendments they ‘wantas long as such changes are not opposed to the provisions as they stand in the Act. For example, the Act requires that the award of the Collector must be made within a specified time limit. Now, suppose a State Government amended this provi- sion so that there was no such time limit and the Collector could take as long as he liked, such an amendment would be ineffective because it would be opposed to and defeat the ‘object that the Central Government had in mind viz. to ensure that each stage of the acquisition proceedings is completed within a reasonable time-frame. Therefore, the Central provi- sion would continue to be operative. (Article-254 (1) of the Constitution). —_ Under certain circumstances an amendment which is in- consistent with the provisions of the Central Act may still be a valid one (Article 254 (2) of the Constitution). However, the Central Government has the power to modify such an amend- ment or to declare it as invalid (provision to Article 254 (2) of stitution). Broadly speaking it is the Central Government which deter- mines the content of the law. Significant amendments by the States to the Act have been discussed in Appendix I. Though the procedure for acquiring property in each stage is broadly that prescribed by the Act, there are regional variations regard to matters such as: the authority who has the power to set in motion the acquisition proceedings, the ‘manner in which notices must be publicised, persons on whom notices must be served etc. is scope —set out the circum: ‘OBJECT OF THE LAND i T poses for which private lands can be she Act seeks to cedure to be followed in ACQUISITION ACT, 1894 follows: snment. The pF‘ Central /State Gove edu ‘on under the Act is briefly as making an acquisiti ‘Stage I oe Pa tification by the Govern: Publication of a preliminary not ality is needed or may be ¢ ment that land in a particular loc needed for a public purpase or for a company: s.4 (1) «s Entry of authorised officers on such land for the PUrPO* of 3 > surveyand ascertaining whether itis suitable for the purpose 3,44 inview. 5.4 (2). Filing of objections to the acquisition by persons interested AB 3 f Stage IL «Declaration ofintended acquisition by Government. S.6 (1) 2. Publication of declaration as required by the Act. 5. 6 (2) z= 3 « Collewior to take order from the Government for acquisi- tion and land to be marked out, measured and planned. © Sections 7 & 8. SUD Stage I ‘s Publicnotice and individual notices to persons interested to file their claims for compensation. S. 9. «Enquiry into claims by the Collector. S. 11. «Award of Collector. Ss 11-15 «Reference to Court. $s. 18-28. Stage IV «Taking possession of the land by the Collector. S. 16. ‘Payment of Compensation. S, 31-34. ‘THE LAND ACQUISITION he Act was drastically amended in 1984 by the Centr by the Central (auenpwent) act, 1984 Government. The Amendment Act of 1984 has resulted 2 sulte ¢ The setting down of a time limit for the completion of all THE LAND ITIOW AGT AND YOU] ITS SCOPE se Se Ne nN Ny =) & veueevowuvsvrurteres,s.edid dday rol nea colt f vf * Dw (984 {\ Lovee Levinds ‘" formalities between the lane of the prellininary notice ux nibatyen the se frvate 7 4D and theiameot the declaration of intended acquisition : u/s 6 (1), Flest proving t0 8.6 (1) Syeae deloeos tl) FUCA rhe setting down of a tne limit within which the Collector te SOS CCAET at make his award 8 HEA. # Payment of 12% p.a, Interest for the period commencing racked vale ‘om the date of the notice /a4 (1) and ending with phe 153 Xe Alate of the Collector's award, $29 (LA). ede! Ay [P2184 245 # Paymentofsolatinn (.e. compensation for loss suffering or nrarket vale 4 injured feelings) at an increaved nate of 40% of the market value of the acquired land, §. 28 (2). Prior to this amend. ment solatinm way payable at the rate of 15% of the market valtie awarded st he provision of an opportunity to those dissatisfied with the Colle «ltoapply to him for a rede of the compensation payable to them on the basis o ratio el WSTY order for higher from the Reference Court . 28-4. ‘Amendment Act of 1984 ure by any one of them ‘These changes introduced by beneficial for they seck to: inimise the undue delays tha nd 9 © Provide for payment of compensation on a realistic scale However, this Amendment Act has created far more disad [ vantages for the people; it has conferred greater discretionary proceedings; Another important aspect of the Amendment Act rela the provisions dealing corporation owned or controlled by the state by providing that acquisition for such a body will be regarded as for a public purpose. 8. 3 () (iv). ‘Thus, itwill not be necessary for such a body to fulfil the aver preconditions that all non g ML Companies are re quired to satisty before the Act can be setin motion to aceite Jand on their behalf. 8. 39, CAND ACOUISITION ACT AND YoU Tits scomE -_7 can no longer be avhund even before the CONCe jsion 5.1 However, the urgency provis utilised to take possession of you tor hoa made his award in cases where the acu ‘on is being nade on behalf of a non-government company: it was felt that This amendment was intro acquisition of land for a private en jse should not be th same as an acquisition by the Govern™ tself or for a0 enterprise owned or ‘controlled by it Itis thus simpler for the Goveramentor one ofits enterprises to acquire land under the ‘har than itis for non-Government companies Pav aaee mene ners Ware cee cae ‘elsewhere. eater detail THE LAND ACQUISITION ACT AND YousWlcurres two) SCS Some Definitions KA There are certain important terms used in the Act wh meaning needs to be explained. LAND: SECTION 8 (a) tis important to know what exactly this word refers to so that it is clear what the Government has the right to acquire: ‘© ground, soil, earth, woods, forests, fields, lakes, ponds, along with all that is on such land, for example, buildings; or below it, for example, minerals. all rights in suich land such as a right to collect rents and profits of the land, a right of fishery, a right of ferry, a right of way, the right of a tenant to reside in the house which he has been given on lease. ‘These are all rights that arise out of the ‘land’. a For example, Abdul owns a big plot of land on which stands a two storey house. There is also a big lake on his plot. Since ‘Abdul is the owner of this plot he can lease out a part or the whole of this house to Mustafa. He may permit Mustafa to fish in his lake. Mustafa’s rights arise from the land of which Abdul is the owner. They are limited rights or interests in the land. In Jaw, Mustafa’s right to reside in that portion of house which he has leased or to fish in the lake, will also be regarded as “Land”. (Under the Act, such limited rights/interests in the land nnotbe acquired without first acquiring the land from which ssitalso e d rights over the land - of acquisition. land, then in estimating the value of the land the Government owe oefinivions SSSJf the limited rights/ ea ‘Abdul the owner compensa Just take into consideration interests on such land, This means that both Abé and Mustafa, the tenant, will be entitled to receive tion, nite to ‘The general rule is that it is the owner who is entitled compensation. i jirtue ‘Any person who claims right as against the owner PY tablish of an interest in the land created by the owner must Les se) his title. Thus Mustafa must produce evidence ea ane ‘Abdul had created a lease in his favour or a right of fishery, the case may be. PERSON INTERESTED: 7 nordertobeconsidereda “person interested” under the SECTION 3 (b) Act You should have an interest in the land which is being chan interest may be an absolute one such as acquired. Suc tenant or that of an owner ora partial one. such as that ofa licensee. : Any person who claims to have an interest in the land in question is treated as a ‘person interested’ whether or not such a claim is a valid one. You should have or clai teres sation which is to be awarded for the land. . Forexample, ywns a small plot of agricultural land which he farms to earn his livelihood. This land is acquired under the Act and the Collector awards a sum of Rs. 25,000 as compensation to Deodhar. Meanwhile Banwarilal from whom Deodhar had taken a loan of Rs. 15,000, goes to Court and obtains a money decree against Deodhar. Deodhar has no assets apart from his land. Since the land has been acquired under the Act, the only way that Banwarilal can get his decree satisfied is by attaching the compensation payable to Deodhar under the Act. He can obtain an order from the court for such attachment. So, Deodhar will be unable to collect his ‘compen- sation unless Banwarilal’s dues are settled. In law, Banwarilal is ter my i itor” willbe cnideedobeaperominereee he one rer terested”. He will have all to have an interest in the compen- THE LAND ACQUISITION AGT AWD Vou / some DEFINITIONSthe rights of such a person under the Act. For example, if he not satisfied with the amount of compensation awarded he can ask the Collector to refer the matter to the Court u/s 18 of the Act. * You should be the holder of an easement over the land which which is being acquired. Ques. 1. What is an easement? Ans. This question is best answered with examples; «In respect of right of way: Yadav and you own adjoining plots of land, plot A and B respectively. You as the owner of plot B have aright of way over Yadav’s land, Without such a right your plot would be inacces- sible. This right of way is an instance of an casement. « In respect of water: Ramu's land is on a higher level. The rain water from his land can only flow out through Mohan’s fields. Ramu’s right to discharge water on Mohan's land is an example of easement. ‘ Inrespect of light or air: | Suppose you own a house and also the adjoining plot of land. The windows of the house overlook the adjoining plot. You sell the house to Giridhar and the plot to Murali. The light which passes over the plot is necessary to enable Giridhar to enjoy the housein the same condition that you did. In this case you are considered to have impliedly granted Giridhar a right to the light and Murali will take the plot subject to the restriction that he will build on it in such a manner that the light to Giridhar’s house is not obstructed; ‘* In respect of right to support: ‘Suppose you own two adjoining buildings with a common wall and you sell one to Mustafa and other to Karim. Karim is itled to lateral support from Mustafa’s building and Mus- (afa is entitled to lateral support from Karim’s building. Nei- ther of them can pull down the wall. Ques.2, How are these rights/easement created? Ans, Easement may be created i «By express grant a number of ways: [ THe Lana ACoUISITION ACT AND YoU / SOME DEFINITIONS aYadav may have granted you a right of way Over his land during certain hours. © By implied grant As where the property cannot ; Bare eect it wes cage ved by lis Cort ene os the easement in question. In such a case there is considered t be an implied grant of the easement along with the property transferred asin the case of the example of Giridhar’s right to the property above. « By prescription Ifyou have peaceably and openly enjoyed aright of way over Yadav's land as of right without interruption for 20 years then you are said to have acquired this right by prescription. be enjoyed in the same ero | ie |PUBLIC PURPOSE: SECTION 3 (F) LANO ACOUISITION ACT Under the laws if Yadav's land is acquired and you have a right of way over his land then both Yadav, as the owner of the land and you as the holder of an easement over his land will be entitled to compensation under the Act. Once the Collector takes possession of your land it will become the absolute property of the Government and any easements that you or anyone else may have over such land will come to an end otherwise it would be impos le for the Government touse the land for the purpose for which itis being acquired. Therefore, youasan easement holder are entitled to compensation for the extinction of your easement. Note: An easement is always attached to some immovable property and is exercised by an individual in his capacity as the owner of such property. This is to be distinguished from customary rights which pertain to the public or a certain section of the public and not to the ‘oumer of any property, as such. For example the right of the inhabitants of a village to walk over a particular piece of land on their way to the market. There is no. compensation for extinction of such a right on acquisition unless a member of the public can show that he has been especially affected. Landless labourers, artisans, forest land cultivators, are not regarded as “persons interested” and are not entitled to receive any compensation on the ground of loss of earnings as ‘a consequence of the acquisition of land. This is indeed an injustice, for such persons barely manage to make a living and by taking away their means of livelihood without offering them any alternate mode of subsistence they are condemned to lead a hand-o-mouth existence. : Ue the Act land can be acquired when it is either needed for a public purpose or for a company Broadly speaking, the expression “public purpose” means a purpose which is in the general interest of the community as ‘opposed to the particular interest of individuals. The Act docs not exhaustively define the term, Itonly states what “public purpose” includes, and gives examples of the AND You 1 SOME DEFINITIONS 13 |‘The contentofthe term “public purpose” has been substan- tially expanded by the Amendment Act of 1984, It now in. ‘ude a longer list of objects that are to be regarded as public purpo ee Provision of village sites or extension or planned develop- ment of village sites. A village land reserved for being parcelled out as house sites. = Provi on of land for rural or urban planning. 2 Provision of land for planned development of land from publicfundsunderany scheme or policy of the Gover ‘and the subsequent disposal of such land by way of lease, assignment or sale. «Provision of land for a corporation owned or controlled by the state ‘A body corporate established under an Act of Parliament such as the Fertiliser Corporation, the State Trading Corpors tion, a cooperative so which 51% or more of the paid up share capital is held by the Government or a registered society administered/established by the Government are stances of corporations owned or controlled by theState This is a significant provision relating to provision of land for such corporations which was inserted in the definition of “public purpose” by the Amendment Act of 1984. Prior to its insertion these corporations were treated like other compa nies and had to satisfy the two preconditions thatall companics are required to fulfil before the provisions of the Act ¢ be used to acquire land for them viz: ¢ the Government has to consent to the Act being used to acquire land for the company in question; ‘¢ the company has to enter into the spe: the Government. Ss, 39-41. By specially providing that acquisition of land for a body corporate is to be regarded as a public purpose and thereby dispensing with the need to satisfy these two requirements, it has now become much simpler for the Government to acquire land for such corporations, ‘is capabheofibding missted in a mannér that jed agreement with Gye—=_lClucrlcOrllClU OTT OU Jisdetimental to the interests of the community because does” Fed “corporation under the Act. This has been left to the disere-“ _ tion of the Government’ The provision of the Act can also be used to acquire land for other companies even though such an acquisition may not be for a “public purpose” if they fulfil the conditions laid down in xX <4 Ss 40 and 41. Le There are restrictions on acquisition of land for a private company in which the Government does not hold at least 51% shares, Land can be acqyired for private companies for only ‘two purposes. These aré: Constructing residences for workmen employed by it or“providing amenities for worker's colonies such as sewerage or sanitation. ‘* Provision of land for (residential purposes) for the poor, the landless and those whose homes are affected by calami- ties such as floods and earthquakes. + Provision of land to personsaffected or displaced by reason of the implementation of any scheme undertaken by the Government, any local authority or a state owned or con- trolled corporation. ‘The fact that the provision of land for “project affected” persons has been specifically included in the definition of “public purpose” shows that framers of the Amendment Act of. 1984 were aware of the plicht of those displaced on account of the acquisition of their land for development projects and 8 therefore, Wrought it necessary to arm the Government with the power to acquire land Tor resettlement of such persons -Unfortunately, the Government has failed to take full ad- vantage of this provision to ensure that such displaced persons get a fair deal « Provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by the Govern- mentor with the prior approval of the Government bya loca authori Land can also be acquired under this provision for a society registered under the Societies Registration Act, 1860 or # Provision of Land for any other scheme of development LaWO AEQUISITION ACT AND YOU / SOME DEFINITIONSsame, ‘The content ofthe term “P Amen tially expanded by the ee cludes a longer list of objects that are a ovis jevelop- oe ‘sites or extension or planned develop «Provision of village ; ment of village sites. A village site is land reserved for being parcelled out as house sites. , Provision of land for rural or urban planning, © Provision of land for planned development of land from publicfundsunderanyscheme or policy of the Governmen and the subsequent disposal of such land by way of leave assignment or sale. «Provision of land for a corporation owned or controlled ty sublic purpose” has been substan ment Act of 1984. It now in irded as public the state. ‘A body corporate established under an Act of Parliament such as the Fertiliser Corporation, the State Trading Corpora tion, a co-operative society in which 51% or more of the paid up share capital is held by the Government or a registered society administered /established by the Government are in stances of corporations owned or controlled by the State This is a significant provision relating to provision of land for such corporations which was inserted in the definition of “public purpose” by the Amendment Act of 1984. Prior to its insertion these corporations were treated like other comps nies and had to satisfy he two preconditions that all compan are required to fulfil before the provisions of the Act can be used to acquire land for them viz: * the Government has to consent to t acquire land for the company in que: * the company hasto enter into tt the Government. $s. 39-41. By specially providing that acq he Act being used 10 stion; he specified agreement wit! tion of land for a bod: ic purpose and therebsA \y S840 and 41 - Motspecify the purpose for which land can be acquired forsuch” _ 4eerporation under the Act. This has been left to the disere — - tignof the Governments ‘The provision of the Act can also be used to acquire land for companies even though such ats acquisition nay at be the Tor a public purpase*ithey fal ‘There are restrictions on acquisition of land for a private company in which the Government does not hold at least 51% shares, Land can be acquired for private companies for only ‘wo purposes. Thesgaré: constructing residences for workmen employed by it oF providing amenities for worker's colo such as sewerage or sanitation, © Provision of land for (residential purposes) far the p the landless andl those whose homes ate attested by «alan ties such as floods and earthquakes Mn of land to persons allected or displaced by reason of the implementation of a © Pro heme w Government, any local authority or a s rolled corporation, ‘The fact that the provision of land for “project persons has been specifically included in “public purpose” shows that framers of the Amendment Actot 1984 were aware of the p the acquisition of th therefore, thought it ne Uie pow we owned oF con ight of those displaced on account ot land for development projects and sary to arm the Government with to acquire Land for resettlement of such persons Unfortunately, the Gi rament hay failed to take full act vantage of this provision to ensure that such displaced persons gota fair deal # Provision of land for carrying out any educational, housings, health or slum cleat nce scheme sponsored by the Gov mentor with the prior approval otthe Government byalocal uthority. Land can also be acquired under this provision tor a society registered under the Societies Registration Act, 1860 oF a cooperative # Provision of Lind for any ether scheme of development OW ACT AND YOU /SOML DEFINITIONS a (o the interests ofthe community because Hivessponsored by the Government oF with its prior approval, by a local authority; « Prenision of any premises or building for locaing 2 public office, “There is no doubt that the concept of “public purpose” varies with the times, the state of the society and its needs; it 0 be re ecessarily have been soin garded as a public purpose may notn the pastand nor may itbe one in the future: Today, of lund for constructing a public nuclear shelter would answer a “public purpose” but a century ag° who would have dreamt of the need for such a shelter? “Therefore admittedly, itis not possible to give an exhaustive list of “public purpose” in the Act and this discretion must vest in the Government. But this docs not mean that such discre- tion should be grossly abused to subserve the purpose of the Government. By which yardstick can the construction ofa Disneyland type of amusement park be regarded as public acquisition purpose? a ad! TELIVAINAAVAS AIT IA TAS 74— Acquisition STAGE I: PRELIMINARY INVESTIGA- ues.1 Suppose the Government wants to acquire land in my TION, SECTIONS 4, 5, 5A willage. What is the first step that it would have to take? Ans. The very first thing that the Government would have todo ifitwanted to gain possession of your land under the Actwould be to pul may be needed in the foreseeable future for a public purpose notice that the land in question is needed or or for a company. $.4(1). This does not mean that your land is definitely going to be acquired. This notice only enables the Government to survey your land to find out whether it is suitable for the purpose in mind, = Ques. 2 How is this notice to be prablicised? = Ans. This notice must be publicised in 3 ways: «Ifthe Central Government desires to acquire land then the notice must be published in the Gazette of India. If it is a State Government which desires to acquire land, then the notice must be published in the Gazette of that State. A Gazette is an of ficial journal brought out by the Government and it is not easily available. It must be published in two daily newspapers which circu- late in the locality in which the land to be acquired is situated. Atleast one of these newspapers must be aregional Tanguage daily. «The Collectoris required to make available to the public the gist of such notice at convenient places in the locality. This is normally done by affixing a copy of the notice at a place onornear the land to be acquired and also ata conspicuous place in the village or town in which the landis situated. This notice is not given individually. It is a public notice. Note: ‘The Collector is called District Magistrate or Deputy Commis sioner in some States. He is the Chief Revenue Officer of the District [ THE Cano AcauIsiTioN ACT AND Yous AcOUISITIONTHE PUBLIC NOTICE IS NOT GIVEN INDIVIDUALLY Ques $ Why should the Goverment pubish this notice? Ans. The main object is to inform you that your land may be acquired by the Government, Secondly, ifyou are the land owner its aim is also to alert you ‘motto invest any money or labour on any improvements to your land. The reason for this is thar you will not be entitled to receive any compensation for any improvements carried out by you after the date of publication of the notice unless vou have first obtained the permission of the Collector. For example, it you had bored a well on your land one day prior to the publication of the notice wou would be entitled to compensa tion on this acconnt, But if you had done this the next day without the Collector's permission then vou would receive no: Ht LAND ACQUISITION ACT AND YOU ACQUISITIONadditional compensation for this well. Thirdly, its object is to inform other persons not to acquire any interest in such land. For instance, you should not become a tenant of land in respect of which a notice has been published u/s4 nor should you acceptsuch land as security for a loan given to its owner after the date of publication of the notice. ‘Thus, in effect the Section 4(1) notice results in preventing you, the owner of the land from making full use of it and getting an appropriate return from your land until you are actually displaced. However the Government might decide not to acquire your land. This would mean that you will have been unnecessarily deprived of getting the best out of your land for the period in ques Criticism In practice it has been found that in tribal areas, which are generally the mostsuitable sites for many projects (due to their richness in natural resources) these provisions have failed to achieve their purpose. The reasons for this are: The majority of villagers cannot read. The tribals do not understand our languages. There are no tribal newspapers which someone may read out. Some of these areas are remote and difficult to reach so the Collector sometimes fails to publicise the notice in the area. ‘Thus, those whose land is to be acquired often do not know about it at all. ‘Therefore, provision should be made for other more satis factory ways of publicising the notice where the land sought to be acquired isinhabited by people whose level of literacyis low. For example, it has been suggested that meetings of the Gram- Sabha should be held at which at least 60 per centof the people whose landis to be acquired are present. Then a Government official should explain the terms of the notice at such meet- ings. Having done so the Sarpanch should certify that the details of the proposals have been understood by the people affected. “THE LAND ACaUISITION ACT ANDY ACOUISITIONny land such as those who do not own bourers, forest land cultivators, quarrymen such meetings for their lives will We feet that © artisans, landless shoutld also be represente ily disrupted by the x be eq quisition. Date of publication of the notification $-4 (1) Ques. 4 Since the notification is required tobe published in three ways, how can the actwal date of publication be ascertained? Ans. Let us take an example. Suppose the notification is hed in the Official Gazette on 24.6.88, in the newspapers i on 1.7.88 and the substance of the notification affixed on a Jandmarksin the locality on 15.7.88. After the Amendment Act ta of 1984 the last of these three dates will be regarded asthe date as of publication of the notification. In the above case it will be 15.7.8. — “The period between the first and last of these dates may be misused by unscrupulous money lenders and affluent land- = ‘ownersto purchase land from the poor and illiterateat very low a rates by leading them to believe that they will receive even less or nothing if their land is acquired by the Government. = = Importance of the date of publication of the notification Ques. 5 Why is it important to determine the date of publication of the = Ys notification u/s 4? as <> | Ans. Firstly, itis with reference to this dae thar the amount of | compensation payable will be determined. Thus, if the date of «9 publication of the notification was 15.7.8 compensation will 9 be paid with reference to the market value of the land as on - 15.7.88 even though the actual paymentis being made in 1990, “4 Secondly, no compensation will be paid for any improve- 39 ments made after the date of publication or posting up of the notice without the Collector's permission, 9 Ifyou have already started digging a well or repairing a wall s of your house when the notification is first published, finish : the work quickly before the notice is published for the last time es and becomes effective. le Thirdly, any disposal of the land made after such date 4 — __ He LaN@ Ke OUISITION AeY AND VOU TaEaUIsITIOW | te r = ‘ + ¥ a 4 ? a? L, 7without the sanction of the Collector will not entitle the person to whom the land is being transferred to any compensation. “Disposal” means the transfer of land by way of sale, lease, mortgage or gift. For instance, if after the date of publication of the notifica- tion u/s 4, Munshiram, the owner of the land grants a lease of his land to Maheshwar, and the Collector has not given Mun- shiram permission to create such a lease then Maheshwar will not be entitled to receive any compensation. Munshiram alone will be entitled to compensation. after the Amendment Act of 1984 has become law one more change has been introduced: now, between the issue of the notice u/s 4 and the issue of the declaration u/s 6 a THE LAND ACQUISITION ACT AND YOU / ACQUISITION 1 21 |ray elapse. If the declaration is maximum period of one year w the date of publication of the not issued within one year from notice, then the notice u/s 4will lapse and the Government will ave to issue a fresh notice if it wants to acquire the land. Ist Proviso to S.6(1). In our example the Government must issue the declaration latest by 14.7.89. For one year make no changes to your land without the Collector’s permission. Contents of Notification Ques. 6 What information must be given in such a notice? ‘Ans. The notification u/s 4 is not required to be in any particular form. It is not necessary for it to specify the plots or boundaries of the land proposed to be acquired. All that is required is the mention of the village or villages in which the Government desires to acquire the land. This is because at this stage the Government is still considering whether the land in question is at all suited to the purpose intended. Therefore, the Government cannot state definitely the exact area and location of the land it desires to acquire. In the State of Karnataka more details have to be given (see Appendix 1). ‘At this stage, it is not necessary for the Collector to publish the plans of such land or even to make such plans available to the persons interested. ‘The notification is required to disclose the public purpose for which the land may be needed but the Act does not specify the detail in which such purpose should be spelt out. Effect of Notification Ques. 7 What isthe effect of the publication of the notice? Does the notice itself bring about any change in the ownership of the land specified in it? Ans. A person cannot dispose of his land after the S.4 notice without first obtaining the Collector's permission, However. this does not mean that the mere issue of the notice results in stripping a person of his ownership rights and transferrin, the same to the Government. At this stage there is no change nee AGQUISITION ACT AND YOU) ACaUIsiT) ° TiowTHE LAND ACQUISITION ACT AND You) AcQU own ship of the land. Nor docs such a notice prevent you from selling your land provided you obtain the permission of the ¢ I Collector's permission, the Government would not pay him est in th ~ Hector before doing so. But if someone was to buy such nd from you or accept it as security for a loan without the land. compensation for such in Entry upon, Survey etc. of Land to be Acquired - S 4(2) Ques, 8 Do Government officials have the right to enter upon and survey my land after notice under $ A(1) has been given? Ans. Yes, as a result of the notice it is lawful for any officer who has been properly authorised by the Government to enter upon, survey and take levels of any land in the locality specified in the notice without your permission. Such officers can also dig, bore into the subsoil, and set out boundaries of the land proposed to be acquired. If necessary for the purposes of survey he can cut down and clear away any standing crops, fence or jungle. The officer may also do any other act that is necessary for the purpose of finding out whether the land is suitable for the purpose for which it may be acquired. In Karnataka, where land is to be acquired for a company, even an officer of such company can exercise these powers if he been authorised to do so by the appropriate Govern- ment or the Deputy Commissioner. 8.3, officials should submit their report to the Collector. However, since the Amendment Act of 1984, no more than one year can elapse between the issue of the notice u/s 4(1) I ‘The Act does not provide a time-limit within which such and the next stage of acquisition viz. the issue of the declara- tion u/s 6. This means that the surveying authorities cannot delay unduly their report. ‘The States of Maharashtra and Gujarat have inserted Ss. 3A and 8B in the Act, which confer special powers upon officials undertaking the preliminary investigation of the land even before the issue of a notice u/s 4(1). But seven days notice is still required before entering into any building or enclosed court or garden attached to a resi- dence. tiow raS.A doer not make any provision for publicising that a particular officer or officers hy y There bone wa ware of it And they will be vol thane be people concerned cs forced to take the officer at hisword The provinis Jedd to harass people ribed by dof the Acs therefore capable of betny 1 this rexpect the procedure pre to be preferred (a this State arnendinent because at teint the Government alerts the people to the int ayment for Damage S.5 Ques. 1 Who is ta pray for any eamunge that may result when an officer surveys our lan or hanses? Ans. AU the time of entering offer to pay for any damage th the officer must pay or in likely to renal fron careyinny mentioned above ‘out the operation Ques. 10 Suppose L think that the sum of mariey offered by the officer is inadequate then what can I do? ‘Ans. You must mention your dinsatinf action in writing or make | the offi | stcer mm af the Collector ivf uch a case it inthe duty of the “+ write it down. tely to refer the dixpy 10 the Collector, The V decision 6 your Home ete: Provino to § Entry i Qyaes. HH Can an officer enter my hunase after nidica under Set (1)? ‘Ans. No, he must first give you at least seve s intention to do xo, The law distiny ‘on land and entry into your house or courtyard or ga tached to a house, This is bee 1 privacy is affected ¢ where you live, Consequently, if when strangers enter the officer wishes to enter your house, We can you of bisin first inforsn You must take notice of the fact th: under the law days notice in writing and you can rightly refuse him an officer has ter your home if you hav such # cane. Se ee eee , .yer | ‘THE GOVERNMENT MUST GIVE YOU 7 DAYS NOTICE TO MEASURE YOUR LAND AND COURTYARD Penalty for Obstruction, $.46 You must be warned that if you deliberately interfere with or obstruct any authorised officer while he is surveying or taking levels of the land, or digging or boring into the subsoil, or setting out of boundarics, then you may be arrested and tried bya Magistrate for such an offence. Ifyou are found guilty then you may be imprisoned for a term up to one month or fined a maximum of Rs. 500/- or both. ‘There isa similar penalty for displacing any trench or mark made by such an officer: Objection to the Notice /Proposed Acquisition, $.5-A Ques. 12 What can Ido if I wish to object to the proposed acquisition THE LAND ACQUISITION AcT AWD YoU 1 AcOUISITIof my land by the Government? ‘Ans, Ifyou are a person who is interested in the land which is the subject matter of the notice u/s 4(1) you have a right to object to the acquisition of the land within 30 days from the date of publication of such notice. S.5-A (1). For instance, if the notice is published in the official Gazette of the State on 24.6.88, in the newspapers on 1.7.88 and the gist of the notice is put up at several prominent places in your village on 15.7.88, the last of these dates will be regarded as the date of publication of the notice, that is 15.7.8. You would have to file your objection within 30 days of this date i.e. on 14.8.8 at the latest. Note: If you fall in the category of a “person interested” you have the ‘right to object to the acquisition. You can exercise it yourself or you may authorise sors other person to exercise it on your behalf. For example a social activitist working in your area can represent you before the Collector. Ques. 18 How should I register my objection to acquisition? Ans. You, or someone on your behalf, must state your objection in writing and submit it to the Collector Ques. 14 What must the Collector do once the objection has licen registered? Ans. Thereafter, the Collector is required to give you an opportunity to state your case either in person or through any ‘one else whom you may authorise to appear on your behalf, for example a lawyer or a social activist working in your village. The Collector must serve on you a notice which fixes the date of hearing your objection, Such a notice should give you reasonable time to make arrangements for appearing before him and stating your case. Ques. 15 What must the Collector do once he h: Ans. After the Collector has heard to the acquisition and has made thinks proper, 1as heard the objections? all those who wish to object such further enquiry ; as he Ne must submit his reportwith hisrecomm enda- THE TA89 TORUS OW WoT AWE Yew semi; Gi 'sitiow{ RAISE OBJECTIONS AS SOON AS YOU GET ‘THE FIRST NOTICE, tions on the objections, w the Govern entire record of the proces The report and the record of the prow gs bad bay bs enable the Government to dec needed and will be suitable for ¢ must be noted that the decison of pointis very restricted grounds which are nal and cannot be quesioned cases. A discussion follows on these pe Note: At present, the Collector 2s mt ragusred to fermsst = 0m of ts report to the objectioms. Nor ts suck report available for mmpemoe THE LAND ACQUISITION ACT AND YOU) ACOUISITION ra| cipiatomatemaanccansnienepinecte ede ae Ques. 16 What are the grounds on which I can raise an objection? Ans. The Act is silent on this point. However, a study of past cases and the executive instructions issued by various State Governments reveals that the following objections may be raised. | (i) You can object on the ground that the purpose for which the lands to be acquired is not in fact a public purpose or that the land in question is not suitable for the purpose which the Government has in mind, You can only raise these objections if the notice has given you some definite indication or particu lars of the public purpose for which the land is required. If the notice is silent on this point then you should bring this to the attention of the Collector and call upon him to furnish the necessary details. For instance if the notification states that land in your village is to be acquired for constructing an industrial plant without specifying what kind of industry, you can go to the Collector and ask for more details. fit isa plant manufacturing products that could endanger human lives then it certainly should not be situated in a crowded residential locality and you can rightly object on this ground. If the Collector refuses to furnish the necessary details you can file a writ petition in the High Court. (ii) Objection can be raised on other grounds such # more land is being acquired than is necessary; ‘© that the land contains historic monuments and places of public interest which will be destroyed as a result of the acquisition; * thatthe acquisition will desecrate religious buildings, tombs, grave yards etc. Of course these objections can only be raised if you have been given particulars of the land to be acquired, for example the survey numbers, the ajraising objections Gl) Tei also open to you to bring tothe hotice of the Collector any alternative landa which could be nequired Without causing inconvenience or lem Inconventence ta you or whle h would Detter subserve the purpose for which the Vand Is to be ae auired. Ifthe Collector fail to take nate of your suggestions then his report could be aitacked In the High Court as an arbitrary one. () This would also appear to be the stage at which you should obje " has been formulated: le of those famili onscquci he “ee crareaaeatomecs cast c 1. However, many of resettlement and rehabili tation of such persons, But these do not have the force of law and their implementation lies in the discretion of the Government mncerned. This will form the subject matter of a separate manual [sup toyou to make the maximum use of the right to object and be heard and prevent any ill formed acti on the part of the Government because once its decision has been made it final and conclusive on this point and generally will not be questioned even by the Courts. Your right to object and be heard is a very important one. Exercise it with all the affected persons. Let the govt. realise that you disapprove of the acquisition and that you will fight for your rights. This right must be exercised within 30 days of the date of publication of the S.4 notice. If you fail to do so within this period you lose your right to object to the acquisi- tion of your land, Once the Government has made up its mind the only ground on which you can validly challenge the a proceedings is isition ere has be Je or colourable exercise of power and, itis difficult to establish these factors in LAND ACOUISITION ACT AMD yous ACowIMITION mn2 eo | Criticism ‘The right conferred by .5A is no doubt a valuable one: But it can only be exercised within the time span of 90 days. Keepin in imind the lack of necessary details such asthe description of the land by ts survey numbers, its boundaries and its approx! mate area, the sketchy description of the public purpose for | a which the land is needed that characterise most notifications, 30 days or more would be required merely o wy and elicit this information from the Government. ‘The Act needs to be ‘amended both in respect of the content of the notice w/s 4(1) ane pesind wai which objections to sich nie should be fed STAGE Il: DECLARATION OF tues. 1 Afterconsidering the Colledor’srepot what isthe next step INTENDED ACQUISITION, that the Government should take? ‘SECTIONS 6S _AnsTAfier the Government has considered the report of the Collector and the record of the proceedings before him andis satisfied that a particular piece of land is needed for a public purpose or fora company then it must make aformal declara- tion to that effect. Such a declaration must be signed by a secretary to the Government or any officer who has been authorised to do so. Ques. 2 How is this declaration tobe made? ‘Ans. This declaration must be published in the same manner as the notice u/s 4(1) ie «in the official Gazett fe in the daily newspapers circulating in the locality; and ‘s posting in a public place where the land in question is, located. Asin the case of notice under S.4(1) the date on which the last of these acts is done will be regarded as the date of, publication of such declaration, $.6(2) Pi Content of Declaration $.6(2) Ques. $ What information must this declaration contain? Ans. The declaration must state: Twe LAND ACQUISITION ACT AND YOU) ACQUISITION } * a Ar S| al a 2 a ( ~s 3 ‘al *© the district or other territorial division in which the land is situated; * the public purpose for which the land is needed; tis needed for a company, details of the Company also should be stated; * the approximate area of such land; * if plan has been made of the land, the place where such plan can be inspected must also be given. $.6(2). In Karnataka, the precise boundaries and survey number of the land, if any must also be stated, Im states other than Karnataka it is not essential that plot numbers should be given in the declaration. What is essential is that the particulars given should be clear and sufficient for the owner of the land to know with reasonable effect whether or not and how much of his property is being covered by the declaration, Series of Declarations First Proviso to S.6(1) Let us consider the following situation: On 16th. May 1987 the Government issues a notice that land in your village is likely to be needed for the Purpose of erecting asteel plant complex. The effective date of publication of the notice is 20th July 1987. After following the procedure prescribed by the Act the Governmentissues a declaration on 12th November 1987 that Plots A.B.C.X.¥,Zare needed for the purpose of constructing the steel plant. On 15th April 1988 another. ‘declaration is issued stating that plots D, E, F, are required for constructing the administrative building for the iron and steel plant, Ques. 4 Are both these separate declarations in respect of land covered 4 a single notice valid? Can the Government issue more than one declaration in respect of land covered by a single notice? Ans. The answer to these questions is “Yes”, ‘The Government can issue more than one respect of land covered by a singSS ———— of publication of such notice. In the above example the Government could issue declarations at any time up to 20th July 1988. io Prior to the Amendment Act of 1984 this time-limit was three years. This meant that the interval between the issue of the notice u/s 4(1) and the declaration/series of declarations u/s 6 could be as long as three years. Note: The reasons why this question of the validity of a series of declarations assumes importance is that you are entitled to receive compensation on the basis of the market value of your property on the date of publication of the notice u/s 4{1) and not the date of of publication of the declaration or some other later date, such as the date of the Collecor’s award. ‘Thus, whether your land was covered by the first declaration dated 12th November, 1987 or the second one issued on 15th July 1988, you would receive compensation on the basis of the market value of your property on the date of publication of the notice viz. 20th July, 1987, Prior to the Amendment Act of 1984 the situation which existed was more unfair because of the longer permissible interval between the notice u/s 4(1) and the declaration u/s 6. For example the date of the publication of the notice may have been 2nd April 198] but the declaration 1u/s 6 could be issued at any time up to 2nd April 1984. This means that even though the declaration was issued in 1984 you would receive compensation on the basis of the rates prevail- ing three years earlier. Ques. 5 What is the difference between the notice u/s 4(1) and the declaration u/s 6(1)? Ans. The purpose ofthe declaration u/s 6(1) isto inform you that the Government h: its mi i ch ment has made up its mind to acquire your‘* The declaration u/s 6(1) is made after the investigation has been completed and the Government is fully satisfied that your land is needed for a particular purpose and that it is suited for that purpose. ‘* We sce that while in a notice under S4(1) itis sufficient to . indicate the particular locality in which the land to be acquired is situated, in the declaration the exact area and location of the land must be specified in detail. Funds out of which compensation must be paid ‘¢ In case of acquisition for public purpose: Where the land is being acquired for a public purpose the compensation to be awarded must be paid wholly or partly from public revenues or some fund controlled or managed by a local authority. Public revenue means the money lying in the Government treasuries operated by the Government departments. How- ever where the compensation is to be paid out of the funds of corporation owned or controlled by the States such compen- sation is also considered to be paid out of public revenues. (Explanation 2 to 8.6 (1). Even if'a very small fraction of the compensation is contrib- uted out of the public revenues it will meet the statutory requirement-this would beso on the assumption that there are no malafides and the Governmentaacts honestly in the promo- tion of public purpose. Thus a decision of the Government to contribute Rs. 100/- towards the cost of acquisition of land which was worth Rs. 45,000/- satisfied the requirements of the second proviso to S.6(1) Incase of acquisition for a company: In case of acquisition for a company, the compensation has to be paid entirely by the company. Unless this condition is satisfied no declaration U/S.6 can be made and if made it would be invalid. Second proviso to .6(1). Finality of Declaration -$.6(3) Ques. 6 Once a declaration is made that a particular piece of land is neaded for a public purpose or for a company can the Courts question [THe LAWo ACouIsiTioN ACT AND YoU / AcaUISiTION - 33 |ther the purpose for the declaration? That is, can they ask (3) Wh (ii) whether the land which the land is needed is in fact a public purpose ae in question is needed for such @ purpose oF for & compa: ented ‘Ans. Under the law, the declaration by the noe one the land in question is needed either for @ particn ai ple purpose or fora company, is considered to be final. S: pa Courts cannot question whether such a need is genu! oF whether the purpose is in a fact a public one. In other wor! you cannot ask the Court to determine the validity or es of your objections - this is the decision of the Collector an finally the Government. The stage at which such questions are tobe raised is the stage offiling objections after the publication of the S.4 notice and the hearing before the Collector as explained earlier. Note: One must realize thatin practice it is difficult to exercise this right without adequate information about the project. This is usually not readily available or accessible but even if such information were available and your objections were legitimate the Government may still choose to ignore them. Only a national build up of public opinion or an influential lobby against the project could force the Government to reconsider its opinion. However, the Courts do have the power to determine how a the provisions of the Act have or have not been complied with. For example whether the persons interested were given an opportunity to file their objections and to be heard as provided by S.5A and also whether the Gove used its power, for example, under the pretext of acqui Tnment has mis- byacquiring land for an individual ring it for a public purpose. Order For Acquisition and Mark a ing out, Measurements etc, ofThereafter, the Collector has to have the notified land correctly measured and marked out. A correct plan has to be prepared if this has not already been done. Accuracy in description of area, extent, etc. is the essence of land acquisi- tion. STAGE Ill: NOTICE TO PERSONS INTERESTED Vigee of notice to persons interested in the land to be ENQUIRY AND AWARD BY acquired u/s 9. (ii) enquiry into measurements, value and COLLECTOR, SECTIONS 9-16 _ claims leading to an award by the Collector. Once the marking out of land, and preparing of plans have been carried outitis the duty of the Collector to give you notice u/s-9(1) that the Government intends to take possession of your land and that claims to compensate for all interests in such land should be made to the Collector. Notice under 5.9 Ques 1 What are the hinds of notices to be given by the Collector? Ans. Two kinds of notices are to be given: + Public or general notice to be given at convenient places on or near the land to be acquired S.9(1). * Special or individual notices to the occupants of such land and all such persons who are known or believed to be interested in such land. $.9(3). Note: It is the duty of the Collector to ascertain with all reasonable means the names of all persons interested in the land. If you do not reside within the revenue district in which the land in question is situated then the special notice can be served on your agent living within such limits, provided he has the authority to receive service on your behalf. If there is no such agent, then the notice can be sent by registered post to your last known place of residence or business, ‘The Collector can compel a person interested to give him in writing the names of every other person interested in the land ssa co-owner, a tenant, a lessee or mortgagee or in any other capacity. He can also compel that person to state the rents and profits receivable from that land for the next three years. The Collector must give the person interested 15 days to { YWE Cawo Acauisition Key AND vou) AcaulsitioN ~ aSTAGE II: NOTICE TO PERSONS INTERESTED ENQUIRY AND AWARD BY COLLECTOR, SECTIONS 9-16 ‘Thereafter, the Collector has to have the notified land correctly measured and marked out. A correct plan has to be prepared if this has not already been done. Accuracy in description of area, extent, etc. is the essence of land acquisi- tion. he third stage in acquisition proceedings consists of: (i) lee of notice to persons interested in the land to be acquired u/s 9. (ii) enquiry into measurements, value and claims leading to an award by the Collector. ‘Once the marking out of land, and preparing of plans have been carried outitis the duty of the Collector to give you notice u/s-9(1) that the Government intends to take possession of your land and that claims to compensate for all interests in such land should be made to the Collector, Notice under S.9 ~ Ques: T Whit are the hinds of notices to be given by the Collector? Ans. Two kinds of notices are to be given: «Public or general notice to be given at convenient places on or near the land to be acquired $.9(1). © Special or individual notices to the occupants of such land and all such persons who are known or believed to be interested in such land. S.9(3). Note: It is the duty of the Collector to ascertain with all reasonable ‘means the names of all persons interested in the land. If you do not reside within the revenue district in which the land in question is situated then the special notice can be served on your agent living ‘within such limits, provided he has the authority to receive service on your behalf If there is no such agent, then the notice can be sent by registered post to your last known place of residence or business. The Collector can compel a person interested to give him in writing the names of every other person interested in the land asa co-owner, a tenant, a lessee or mortgagee or in any other capacity. He can also compel that person to state the rents and Profits receivable from that land for the next three years. ‘The Collector must give the person interested 15 days to [¥he Céwo AGovIsiTION AGT AWD YOU) ACOUISITION raTHE CAND AGOuT aes ‘obey is punisableunder SE. 175-176 of the: bar nt €0 jai Penal Code, 1660, I found guilty = per#0n can Be 62m foramaximum of one month or fined up f° Rs 500/-or both. 5.10(2). Contents of Notice ot a i in ‘Ques. 2 What particulars should the notices cm! 7 ‘Ans. Both the notices, general and individual u/s (9) must contain the following details: « ‘The particulars of the land to be acquired: the very object of the notice would be defeated if it did not contain a suffi ciently accurate description of the property which would inform you what land it was proposed t take possession of; « Ttshould require all persons who are interested in such land to appear before the Collector either in person or by an agent to state the nature of their respective interests in the land, the amount and particulars of their claims to compen- sation for such interests and their objections to the measure- ments taken u/s 8. Your statements may be oral. However, the Collector has the right to require that such claims and objections should be in writing and under signatures of the person concerned or his agent. S.9(2). In Karnataka your statement must necessarily be in writing and in prescribed form; + The time and place at which you should appear must be pede However, aclear period of atleast 15 daysafter the late of publication of the notice/service of the notice must, _ Any notice which gives a shorter time is invalid. Unfortunately, the notice is notrequired to specify the time limit within which possession of th i of the land will be taken. This Teads to a sense of insecuri i oem 7 rity and anxiety among those wh: land is being acquired, 7 whose Importance of Notices under Section 9 eee bo io inpertone Sf the notices u/s 97 . Once lector has made hi becomes the pri Beate * the property of the Government ae Ga me oe 5 en TION ACT awe Vou7 |possession, Apart from the limited right of reference given to 18, (see chapter v) you cannot question the Collector's award. Therefore, itis your duty to be very alert and answer the notice by filing your claim within the specified time. Therefore, if you have been served with an individual notice but fail to file your claim and appear before the Collector, you will be bound by his award. you under Failure to Serve an Individual Notice Ques. 4 Suppose I have not been served with an individual notice as required by the law, what would be the consequence of this? Would it mean that the entire acquisition proceedings will be rendered ineffective and the Government will have to start anew? Ans. The absence of such a notice will not affect the validity ofthe proceedings as long as: . the public/general bles under $.9(1) has been properly issued; @ the failure to serve you with the special notice was not deliberate; ‘¢ you had knowledge of the acquisition proceedings through other sources. Effect of Non-Acceptance of Special (Individual) Notice Ques. 5 What will happen if I refuse to accept the individual notice? ‘Ans. When an attempt has been made to serve you with anotice and you refuse to acceptitthen the notice can be served on you by putting up a copy of the notice on the outer door of your residence or place of business and on some conspicuous part of the land which is to be acquired. Once this is done, under the law you will be considered to have been served with the notice. Remember: You stand to lose if you refuse to accept service of the notice ‘and to act upon its contents, Note: The Act does not contain any provision dealing with a case of refusal to accept service. The procedure outlined above has been prescribed by the Code of Civil Procedure, 1908. In similar circum- stances it would possibly be adopted under the Act also. Enquiries by the Collector §.11 Iti the duty of the Collector to enquire into all the claims that have been filed and objections raied.in answer to the neces Such an enquiry ean be held on a day fixed by ioe The scope of the Collector's e following three matters: 1 Shisconsso the measurements ofthe land tobe \equired. + The value of the land to be acquires fa ae Publication of the notice u/s 4(1), Sa the date of the nquiry is restricted to the expires the Government decid. SEII999 9999999799 9> 4 rth? Cte tttht _ a2 . . a SELcase both you and Manohar will be entitled to compensation for the land; you as its owner and Manohar as its tenant. The Collector will have to examine both your interests in the land. ‘Award by the Collector Once the Collector has completed his enquiry he must make his award in respect of: © The true area of the land to be acquired: The Collector must be definite as to the measurement and area of the land which is being acquired. The particulars of the land given in the declaration u/s 6 should be checked in all respects so that the land which is actually taken up by the Government corresponds to that mentioned in the declara- tion. The Collector has no power to take possession of land COMPENSATION PROCEEDINGS [ Twe Camp AcouIsiTION AcT AWD you | ACQUISITION 39 |ation: ‘ed in the declar should be awarded which is different from that spec = The compensation which in his opinion for the land: While assessing this matter the Collector is re to take into consideration the grounds set out i $.28 and ignore those found in $.24. However, apart from this he has jon as to the matters which may be taken into consideration. He is not confined (0 the evidence im. He can take into produced at the enquiry conducted by hi rvount departmental reports and investigations besides uti izing his own opinion gained on inspection of the land. «The division in a proportionate manner of the compensa- tion awarded by him among the persons who are known or believed to be interested in the land to be acquired. Icis the duty of the Collector to enquire into the various interests of the claimants and determine what persons are untitled to receive compensation and in what proportion. He snust do so whether or not the claimant has appeared before him. For this purpose he has to be satisfied from the title deeds or other documents filed by the parties that they have the title they claim. Therefore he has the power to compel you to produce the necessary documents, He can also order those ‘concerned to appear before him as witnesses to support the claims filed with him. 8.14. For instance, suppose you have taken a loan of Rs. 50,000 from Mahadeo. Assecurityyou have given him the rightto have your property (worth Rs. 75,000) sold if you fail to repay the Joan ie 5 years. Before you are able to repay the loan, proceed- ings for acquiring your land are comme ment. In answer to the notices under S. a oe your claim for compensation as ovner of land. However, Mahadeo als fies 4 claim for compensation on the grounds that this land is y for his unpaid loans. : quired by S:15 been given a wide discret In sucha situation the Collector is required to examine both oe ot yo aim a willeallupon you to produce the ile deed t ye land and upon Mahadeo to produce a : ‘oduce the deed of He may o " upon those witnesses who saw. ee mort e deed a = in case you refuse to acknowledge ye ne igna- your ¢ THE LAND ACQUISITION AC 1 ANO You) Acauisivi ow] _ es a> &a Bh eanwateeaarnrtrnrnaeeaqe*e a a a mh ‘ a ‘° ~ > ture on the deed as your own, Thereafter, if he is satisfied hat you have created a mortgage in favour of Mahadeo then he will have to decide how the compensation to be awarded for your land is to be divided between Mahadeo and you, Note: If the amount of the loan cannot be recovered from the com pensation money that is awarded, then Mahadeo can file a suit to recover the balance from you. ~~ >» ~> ~~ ~~ ~ ~ > Apportionment of Compensation Awarded One of the major arcas of dispute is apportionment or division ~~» of compensation between persons interested. The Collector 3 must decide upon this issue before making his award. ‘Thus where there are several persons who are interested in ~~ the land to be acquired such as landlord and tenant, the ~~ » ~» 3 > > 2 > 3 3 > > 2 > > > > > » >» » members of a joint Hindu family, mortgagor and mortgagee, then the Collector will have to examine their respective and determine how the total amount of compensation should be divided among them. Ifsuch persons accept the Collector's decision for proportionately dividing the amount between them, the award will be regarded as final. $. 29. In other words, it will be considered, that the allocation made by the Collector was a correct one and it cannot be questioned by the parties concerned later. However, if the parties concerned do not accept the alloca- tion made by the Collector then they can take the matter to Court by demanding a reference u/s 18 which will be ex plained in detail later. Note: All persons interested who have filed their claims must be included in the award of the Collector, even if he decides that only some of them may be entitled to compensation, In such a case the Collector should entera “NIL” against a person in his award to enable the person concerned to appeal against such a decision to the Court u/s 18. (see chapter 3). So, the Collector cannot omit from his award persons known or believed to have an interest in the land to be acquired even ot appeared before him and put forward their if they have oh THC LAND ACOUISITION ACT AMD YOU | ACOUISITIONIME CANO ACOUISITION ACT AND YOU 7 ACOUISITIOW- 8 ttiew ( Dispute as to Apportionment Ques. 6 What can the Collector do if there is a dispute as to (1) the division of the compensation money (2) as to the persons to whom such money should be paid? Ans. The Collector hasthe option to refer such a dispute to the decision of the Court u/s 30. However he is not bound to do soif the questions raised are simple. In that case he may himself deal with them and incorporate his decision in the Award. Ques. 7 What can do in case I am dissatisfied with the Collector's decision? Ans. In case the Collector does not refer the matter to the Court then you can also request the Collector to refer the matter to the Court u/s 30. But he is not bound to accede to your request. He may still deal with the question himself. Ifhe does so and you are still unhappy with his decision you can take the matter to Court u/s 18. Ques. 8 What happens in the case of death of a person interested before the award is given? Ans. As we have seen, before making his award the Collector is required to enquire into the respective interests of the persons claiming compensation and only then can the question of dividing the compensation among such persons arise. Thus if the owner of a property dies before the Collector has made his award, the Collector has the power to decide questions as to heirship i.e. who are the heirs of the deceased owner and who is entitled to receive the compensation money on his behalf. He may also decide to refer this matter to the Court. Prior Approval of Government to Award and Period within which an Award Should Be Made. Proviso to $ 11 (1) &S 1A « The Collector, before making his award must obtain the previous approval ofthe Government. The Government has the power to specify the cases in which the Collector need ‘not obtain such approval. Proviso to. 11 (1). This provision has been introduced by the Amendment Act of 1984 and is identical to the amendment introduced by the Government ]of Gujarat in 1965, * Under §. 114, the Collector is required to make his award Years from the date of publication ofthe declaration 0/6 (1). Ifno award is made within this period the entire Proceedings for the acquisition will lapse. If the Govern. ment wishes to acquire such land it will have to start again from step ‘one viz. the notice u/s 4. ‘The Amendment Act of 1984 has provided that not more than 8 years should elapse between the preliminary notice u/ $4 (I) and the Collector's award u/s 11. However, there is as ” Yet no provision which stipulates the period within which th, e Government should pay the compensation awarded and ene Possession of the land acquired. Power of the Appropriate Governmentto Call. for Proceedings “SABA Since the coming into force of the Amendment Act of 1984 the Government can call for the record of any proceedings before the Collector to satisfy itself as to: + the legality or propriety of any findings or orders passed in such proceedings. * the regularity of such proceedings. S. 15A. The persons interested can make an application to the Government requesting it to exercise its powers under this section. Ques. 9 When does the Collector's award become final? Ans. Once the award has been filed, it becomes final and conclusive. An award is said to be filed when itis received in the Collector's office after the Governmental approval for the purpose of being kept there as a part of the records of that office. After the filing of the award the Collector cannotvaryits terms except to correct minor clerical and arithmetical errors. S.15A. 5 Even though the Collector himself cannot alter his award once it is filed, if you, a person interested, are dissatisfied with the Collector's award, you have been given the right of refer- ence to the Court u/s 18. THE CAWD ACQUISITION ACT AND YoU) ACQUISITIONTHE LAND ACQUISITION ACT AND YOU) The Collector's award is binding on the Government but not on the:persons interested because he is acting as the agent ofthe Government. His awardis in the nature of an offer made to you. You may accept the offer or refuse the offer. If you refuse, you have the right to ask for areference to the Court for settlement of your claims for adequate compensation. If you do not do so, then the award will also be binding on you. If you are not satisfied with the award you should consider asking for a reference. Notice of Award S. 12(2) The Collectorisrequired to give immediate notice of his award to those persons interested not present in person or through their representatives when his award was made. S. 12 (2). In aw until an award is announced or communicated to the parties concerned it cannot be said to be legally made. No notice is necessary in the case of persouss interested who were present at the time the award was announced. The award must be communicated to you in its entirety. ‘The reason for this is that if a person is to avail of the right to seek a reference to the Court he must know: + on what grounds his claim for a higher amount of compen- sation has been rejected. « Ifthereisa dispute as to the allocation of the compensation, then on what ground his claim has been rejected or ac- cepted only in part. Clerical/Arithmetical Mistakes in Award. S. 13A_ Ques. 10 What can I do if find that there are clerical or arithmetical mistakes or errors in the award? Ans, Ifyou find that the award contains clerical or arithmetical mistakes or errors then you can make an application to the Collector to rectify them, This application must be made within six months from the date of the award. The Collector can also make such corrections on his own account. Once the correction has been made the Collector is | " = quired to give immediate notice of the same to all persons Acouisition |STAGE IV: TARING POSSES! ION, SECTIONS 16 AND 3I34 interested, 1A (2). Ifitis found that some excess amounthas been paid to you then you are liable to refund it. Ifyou fail or refuse to do so then this excess amount can be recovered asan arrears of land revenue. S. [9A (3) This section was introduced by the Amendment Act of 1984. “onxequence of Taking Possession Once the Gollector has made his award he can take possession of your land. In Karnataka, the fact that possession has been taken must be notified in the Official Gazette. This is the duty of the Deputy Commissioner. In other states this does not have to be gazetted. ‘Though the Act requires the Collector to make payment of the compensation he has awarded, it does not prescribe any specific time-limit within which he must do so. it merely states that if he fails to make such payment on or before taking possession of the land, he becomes liable to pay interest on such amount, $.34, Therefore, in effect, the Collector can take possession of your land once he has made his award even if you have not received payment. ‘The framers of the Act do not seem to have realised how impractical such a situation is. On the one hand you are being deprived of your land, and on the other, the compensation which is to enableyou to start afresh is being withheld. On what are you expected to subsist? Ques. 1 What consequence follows from the Collector’s taking posses- sion of my land? Ans, As a consequence of the Collector taking possession of land, # the land vests absolutely in the govt. i.e. belongs entirely to the Government # such vesting is free from all encumbrances. (8.16) Under the Act, title (o your land i.e. the legal right to the ownership of the land does not pass to the Government as soon as the award is made and filed u/s 12. It is del LAND ACOUINITION ACT AND YoU s ACQUISITION apossession is taken. It is only on the taking of possession that the land vests in the Government i.e. such land becomes the property of the Government without any conditions or limita- tions. The second consequence that follows from the Collector's having taken possession of your land is that such land vests in the Government free from all encumbrances. An encum- brance isa burden or charge upon the property such asa lease, or an easement. Italso includes mortgagee’ s right to proceed against the property. Each of these cases will be best explained with the aid of illustrations. + Mortgagee What is a mortgage? Pillai has given a loan to Reddy. Pillai’s security isthe agricul- tural land owned by Reddy. If Reddy fails to repay the loan Pillai can file a suit to ask the Court to sell Reddy's land so that the proceeds of the sale can be used to repay him. In law, Reddyis the “mortgagor” and Pillai the “mortgagee”. The subject of the ‘mortgage’ is Reddy's land. Mortgagee’s Rights before S. 4(1) Notification. Let us assume that this mortgage was created before the Government decided to acquire Reddy's land. Reddy fails o repay the loan on the due date. Pillaifilesa suit to recover his money. Pillai is successful and obtains a decree against Reddy. wre he can execute the decree by having Reddy's land sold through the C wt_and the sale proceeds repayment of his loan, a no Reddy's land, Now th pplied as U/s4(1) isissued in respect of acquisition proceedings ha Cannot proceed against Reddy e commenced, Pillai land. He will have to seek ing an order of attachment ultimately be awarded in of his decree by obt ‘against the compens respect of such land, Pillai has an, ‘st in the compensation that will be cis a “person interested”. He abject to the S Acauisition ae Ao ¥eu 7 aeawIeiTiONacquisition of the land and claim for compensation with the Collector on the basis of such decree. ‘Once the Collector has adjudged the compensation that is to be awarded, Pillai can also obtain an order restraining Reddy from withdrawing the money once ithas been deposited in Court by the Collector. Mortgagee’s Right: After S. 4 (1) Notification Suppose the mortgage had been created after the date of publication of the notice u/s 4 (1) would Pillai’s right still be the same? No. because as mentioned earlier any dealing with the notified land after the date of the publication of the notifica- tion 4 (1) requires the sanction of the Collector. 8.24 (vii). If the mortgage was created without such sanction it would not be valid and Pillai’s security would not be automatically trans- ferred from the land to the compensation money. He would have no legal recourse to such compensation. He would have ——_—- to proceed against Reddy personally. Any mortgage created subsequent to the taking of posses- sion by the Collector is absolutely void because the land has become vested in the Government-there is no question of obtaining the Collector’s sanction. * Lease/Tenancy Karim is Ahmed’s tenant. Ahmed’s land is acquired by the Government. Can Karim be ejected? Yes, Karim has no higher right than Ahmed, the owner. Ahmed is liable to be ejected u/s 16. Karim derives his title from the owner, Ahmed and therefore, is liable to be ejected. Karim can claim compensation for early termination of ten- ancy due to the acquisition proceedings. He would be a “person interested”. Easement In an old Allahabad case, land was acquired by the Govern- ment for the Managing Committee of the George High School Over this land there used to be a drain through which water [THE UAW AcoUISITION AcT AND YouTtuted asuitalleging that him damage and prayed for a perpetual injunction to restrain terferingwith the flow of Water through the Court that Abdul Khan being which affected the land acquired “hould have made an application should be compen Since he failed to do the Committee from int the drain. It was held by interested in an easement was a person interested and vethe Collector at the right ime that he sated for interference with this easement: so his rights in respect of such land were terminated by virtue of S. 16 of the Act Possession Before Award-S.17 Ques.2 ‘Can possesion be taken even before the asad has been made? ‘Ans. Generally, we have seen that possession of notified land an be taken only when the Collector has made is award. However, in case of urgency, the Government has special powers to bypass this requirement. It can direct the Collector totake possession ofthe notified land on the expiry of 15 days from the publication of the public notice u/s 9 (1). Such land thereupon vests absolutely in the Government free from all ‘encumbrances. $ 17(1). The award proceedings will follow. ‘This section is been examined in detail in Chapter VII. Ques. § What happens if oppose or obstruct the Collector when he comes to take possession of my land? Ans. Ifyou oppose or obstruct the Col i A lector in taking posses- = of the land, then the Collector if he is a Magistrate can pas the surrender of such land. If he is not a Magistrate eo apply to a Magistrate (in Bombay, Calcutta, ae ole ae of Police) to enforce such . 47. No particular mode for i 2 a provided. Itisnot necessary oo ae erson person interested before enforcing delivery of ne ee session. THE LAND AGOWithdrawal from Acquisition 5.48 Ques. 4 Once acquisition proceedings have been commenced can the Government decide at some later stage not to go ahead with the acquisition? Ans S. 48 recognises the right of the Government to withdraw from the acquisition of any land provided it has not taken possession of such land. Itis open to the Government to decide not to complete acquisition proceedings commenced by it at any time before the Collector takes possession of such land. On such withdrawal the Government has to pay the person inter- ested for any damage suffered and any costs incurred by him during the acquisition proceedings. Procedure Ques. 5 What is the procedure for discontinuing the aapuisition proceedings? Ans. When the Government decides that all or any land, possession of which has not yet been taken, would not be acquired, a notification cancelling the notice under S. 4 must be published by the Government. Ifthe Government desires to Testart acquisition proceedings in respect of the same land at a later date a fresh notification u/s 4(1) will have to be issued. Whenever the Government withdraws from an acquisition, the Collector must determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings issued or taken under the acquisition. Thereafter, he should pay such amount to the person in prosecuting the proceedings under the Act in relation to such land. S. 48 (2) Those who are dissatisfied with the award of the Collector can seek a reference to the Court. (See Chapter 5) THE LAND ACQUISITION ACI AND YOU / AcOUISITION aMATTERS TO NE TAKEN INTO A> COUNT WHILE DETERMINING COMPENSATION, SECTION 23 Compensation PP he Act lays down rules for the guidance of the Collector r \l the Court for determining the compensation to be paid for the acquired land. ‘8.28 deals with the matters which are to be considered while determining compensation while 5.24 sets out those which are not to be taken into account while doing s0. Each of these sections needs to be considered in detail. However, there is one point that must be kept in mind: the valuation of land is not an exact science. An element of guess ‘work is necessarily involved. It may not be possible for the Court/Collector to give exact reasons for the conclusion arrived at on all occasions. 15 lays down that in determining the compensation the Collector should follow the guidelines contained in Ss. 23 and 24. These two sections also specify the course of action ‘Courts must take in case of an appeal against the Collector's award. 5.23 ina very long and detailed section. It consists of three subsections and several clauses, Market Value Ques. 1 How is the value of my land to be assessed? Ans. 8.28(1) requires 'sthe Collector/Court to take into consid- tion fe market value of the land thatis to be acquired as on the date of publication of the notification u/s 4(1). Thus, the ‘wost important factor in deciding what compensation will be warded for your land is the market value€ve vVVVVELULULUUL ELLE EEL UU yee ce \ vo» THINGS FOR WHICH YOU WILL GET COMPENSATION prevailing rates. This implies that neither the buyer nor the seller is under pressure to buy or sell. While determining the price that a willing buyer would pay for the land one must keep in mind the situati and the nature of the land. Thus if the land in question is agricultural, the fact whether itis well cultivated and fertile or neglected, or if itis swampy would be relevant. In addition, while valuing the land one must also keep in mind the uses to which itis reasonably capable of being put in the near future i.e. its potential. The actual and potential use of the land is relevant for assessing its market value. Mlustration: The Government decides to acquire your land for building a grain marke You are using your land primarily for agriculture but COMPENSATION Hn THE LAM@ ACQUISITION ACT AND YOU /Land in your to devel yr las er or een en ol ildir ic pes shou! ibility of tts being used for puilding/commercial purpo ee and it should be valued accordingly. The value ofthe land being acquired which say result frm the use to which i will be put after being acquired i to be let out of account while determining market value. See S.24 Criticism ‘A crticism that soften levelled against the Act is that as it has fixed the date of publication of the notification u/s 4 ( 1) asthe date of validation, itignores any increase in the value of suc! h land subsequent to this date. Methods of Valuation Ques. 2 How does the Collector find out ihe market value of @ particular property? pa The most common method isto find out what price has en paid for similar land in the locality around the time the $4 notice was published. IEthereisno evi nee no evidence of comparable sales in the neighbour hood then, broadly stated, the actual or immediate/prospe™ i 20 a ren that the owner might expect to get from the ingtoreco ee appropriaterate of interest (accord+ ae tables) in order to arrive at the ro i i sation of profis/renta ‘This method is known as capitali- In addition to these wo take the opinion of valuers or ee experts, Standing crops and treesD acouisiviow ACT amo You ) COMPENSATION in the market value of the land S. 23(1). However, as regards those crops and trees which have come into existence after such date you will be compensated on the basis of the actual loss that you will suffer by being deprived of their harvest. In this case compensation will not be calculated on the basis of their market value. S.23 (1) secondly. Damage for severance (separation division) from other lands Ques. 4 Suppose a part of my land is acquired for the purpose of widening the road, as was done in Goa a few years ago, this will result in decreasing the value of my land. Will I be entitled to compensation for such decrease in value? Ans. Yes, under the law you are entitled to receive compensa- tion not only for the land that has been acquired but also for the decreased value of the remaining portion that has not been acquired. Land which is owned and occupied as one property is often separated (severed) from each other due to acquisition pro- ceedings It may suffer depreciation in value by reason of the fact that it can no longer be occupied and enjoyed as one holding. The owner /occupier of such property is entitled tobe compensated for such decrease in value of the unacquired land. $.23(1) thirdly. In estimating the damage for severance both the actual and prospective (future) use of the land must be considered. For instance, the division of your plot into two as a result of acquisition proceedings may leave less land for building two bungalows and consequently, ifyou were to think of selling the remaining plotin the future, a buyer would be likely to pay less for it than what he might have paid if he could use the land for ‘two bungalows. This factor will also have to be taken into account while determining the compensation under this head, Injurious affection of other property, (movable or immov- able) in any other manner or earnings Ques. 5 Am J entitled to compensation for damage to my other property or earnings as a consequence of the taking of my land? Ans. Yes, you are entitled to compensation not only for the landthe that has been taken but also for any other damage cao ‘ones mentioned above) to your other property or earning’ oe you may have suffered as consequence of the acquisitic proceedings. Such damage should have been sustained = “ ~ Only a person who has an interest in the compensation payable for the land being acquired (i.e. a “person interested”) can claim compensation under this clause. For example work- men on the land being acquired cannot claim compensation jury to their earnings because they are not “person interested.” Also, under this head you can claim damages for loss of earnings in a trade or business that was carried on by you in the acquired premises and which you can no longer carry on because you cannot find any alternative suitable premises. Such business should have been a lawful one carried on in a lawful. manner, Mlustration: A railway company acquired some land belonging to Lalbhai. The company proposed to make their railway tracks so close to a cotton mill belonging to him that, there was danger of fire from the trains using the line and the building became less suitable for use as a cotton mill. It could therefore only be insured at an increased premium and there was a reduction in its sale value. Lalbhai was entitled to receive compensation under this head for such reduction in the value of his cotton mill Expenses incurred in changing residence or place of business in consequence of the Acquisition Ques. 6 [fas a consequence ofthe acquisition of my land I am forced {0 change my place of residence or business can I claim any compensa tion on this ground? Ans. Yes, if as a result of the acquisition of your land you are compelled to change your place of residence or business then the Collector /Court is required to take into consideration the reasonable expenses incurred by you as a result of having to tnake such a change. $, 28(1) fifthly. Thus, if fou have to hire 4 truck to move your belongings toCollectors required to compensate you for such expenditure. Damage resulting from reduction in profits of land Ques. 7 Can I claim compensation for the reduction in the profits of my land as a result of the of the publication of declaration u/s 6? Ans. Yes, you are entitled to be compensated for any loss bonafide suffered by you as a result of the decrease in the profits of your land between the time the declaration u/s 6 is published and the Collector takes possession. The decrease in the profits should be the result of the declaration. Ifas a result of the publication of the declaration u/s 6 your tenant decides to vacate your land or house, thus depriving you of rent that you would otherwise have earned, you will be entitled to compensation under this head for such loss of rent. S.23 (1) seventhly. Interest from the date of the notice u/s 4 (1) to the date of the Collector's award or possession -$.23 (1a) ‘As we have seen there may be a maximum gap of three years between the date of publication of the notice u/s 4(1) and the date of the Collector's award. Compensation however is paid ‘on the basis of the market value prevailing on the date of the above notification, In 1984, the Government realised that payment of compensation on this basis was unrealistic and unjust and therefore introduced an amendment. Since 1984 in addition to the market value of the land you are now entitled toreceive interest at the rate of 12 per cent per annum of the market value awarded. Please remember that interest is payable only on the market value and not on any other sum that you may have been awarded under S.28 (1). Also, no interest is payable for the period during which the acquisition proceedings were held up on account of any stay or injunction of a Court, For instance, if after the declaration W/s 6 by the Government you file a writ petition in the Court to stop the Government from proceeding any further and the Court orders the Government not to take any further steps until this ease has been decided, no interest will be payable for 1 THE LAND ACQUISITION ACT AND YoU / COMPENSATION -ve. If proceedings : a der is operati " the time during which such or Pe adie tha coming for acquiring your land were commenced b into force aris ‘Amendment Act of 1984 but till 30.4.82 no award had been made, then you would be entitled to receive interest in terms of $.23 (I-A). Amendment Act of 1984. $.30(1). In addition to the market value of your land and interest at the rate of 12 per cent p.a. on such market value you are also entitled to receive a sum which is equivalent to 30 per cent of the market value awarded. This sum is in the nature of a consolation for the compulsory acquisition of your land (i.e. a solatium). §.23(2). Such asolatium is to be awarded in all cases of compulsory acquisition. The Collector/Court have no choice in this regard. Prior to the Amendment Act of 1984 you would have been entitled toa solatium at therate of 15 per centof the market value. Note: Both before and after the Amendment Act of 1984 the solatium ‘is awarded only with reference to the market value of your land and not the other sums you may have been awarded under the other heads of S.23(1) Mlustration: If you were awarded: Rs. 50,000 - market value of land Rs, 10,000 - compensation for separation of land acquired from other land belonging to you. ‘Rs. 5,000 reasonable expenses incurred in changing your place or business. Solatium will be calculaed only on the sum of Rs. 50,000 adjudged 4s market ualue and not on the other sums awarded to you under the remaining heads of $.23 (1). After 1984 you will receive Rs. 15,000 a solatium. Before 1984 you would have received only Rs. 7,500 schools, churches, hospitals, clinics, sation be determined in their case? Ans. Itis very difficult to estimate \ord adopted is known as re that the amount of compensa _ the value of such land. One instatement value. This implies tion to be awarded should be THE LAND ACoUIsiTiO OW ACT AND y ou) compe NSATION} a eee LOCCeeeede ede eivd ey WLLL MATTERS TO BE EXCLUDED WHILE DETERMINING COMPENSATION, SECTION 24 Peel Steel tow d ; determined according to the cost of acqu 1g, premises which are equally convenient. The principle being that even though the “owner” may not be in as favourable a position as before acquisition, he should not an alternate site stand to lose completely. The application of the principle does not depend on the state of the land or building but on the purpose to which itis devoted ‘This principle has not been included in 5.2% of the Act but has been considered by the Courts in a few cases.” In the Report of the Land Acquisition Review Committee (appointed in 1961) on the Land Acquisition Act, 1894 it was recommended that the principle of reinstatement should receive statutory recognition. So far, the Government has not acted on this recommendation. ‘ot only does the Act set out the factors which should be taken into account while determining compensation but also those which are to be excluded while doing so. They are Degree of urgency Ques. 9 Is the degree of urgency which has led to the aucsition of my land, to be taken into account while determining its value for the prurpose of compensation? ‘Ans. No. If you were selling your land to another private individual who was in urgent need of your land, the fact of such urgency would definitely influence the price that such a buyer would be willing to payyou. He has neither the time to bargain nor the time to look around. However when the Government acquires land from you, the degree of urgency which has led to the acquisition will not be taken into consideration while assessing the value of the land. All that you are entitled to is its ir market value, S.24 first + Maro Prasad 0 Secretary of State in was acquired by the Government for buikling quarters for Comparable lind was needed by the municipal and com pensation was cak lated on the principle of reinstatement ano vou) COMPENSATION 7] Han 4 Commons alien fe twr-obssel roti UseDisinelination to part with the land Ques. 10 1s my disinclination to part with ‘account while assessing the quantum of compensation? ee No. Your reluctance to part with the land does not affect the quantum of compensation (0 be fixed for it. Once the Gave nment has decided that your land is needed for a public purpose then its decision on tis point is final and the wishes fof the land holder are of no consequence: 8.24 secondly. Ine land to be taken into Damages without injury (Ques. 11 What ind of loss entitles me 10 compensation? Cee may not give you the right to approach the Courts for redress because there are many forms of harm, loss or damage of which the law takes no account. The exercise by ‘each member of society of his rights is ‘bound sometimes to cause conflict of interest For ‘example, suppose you are @ businessman; you may suffer & great financial loss due to competition from other business: men in the same trade. You have no ight to receive compen sation forsuch loss becauseit has not! been caused bya person's wrongful act but by another's exercise of his undoubted rights te carry on business within the bounds of the 12¥- Thus, the Act provides that if as a consequence of the acquisition proceedings you suffer damage you are not er titled to be compensated for such damage unless the damage isof such anature that ifithad been caused by @ private person he would be liable in law, to compensate you. S.24, thirdly. Tro instance, suppose your land is acquired for the purpose ofopeninga fruitand vegetable market and itso happens that you are already running such a market on some other land belonging to you at a distance of about half a mile from the land acquired. Now, your marketis bound to face competition from the Government established market and there is bound tobe a decrease in your profits. Under the law, you will not be “ible to claim compensation on this ground because suppose you had sold your land toa private person who tater decided to open a market on such land in competition with yours, you seoutd have no right to filea suit against him on this ground of | any ACQUISITION ACT AND YOU | COMPENSATION 1THE CANO ACQUISITION ACT AND YoU) COMPE loss of profits Prospective damage Ques, 12 Am I entitled to be compensated for any decrease in the value of my land once it has been used for the purpose for which it was acquired? Ans. You are not entitled to any additional compensation on the ground of any damage which is likely to be caused to your land by or in consequence of the use to which it will be put when itis acquired. S. 24, fourthly. your land which was garden land is acquired for construct- ing a public latrine you will get compensation for its value as. garden land; you are not entitled to any further compensation on the ground that it will depreciate in value when used for building latrines. Prospective value of land due to acquisition Ques. 13 Am J entitled to compensation for any increase in the value ‘of my land once it has been used for the purpose acquired? Ans. As has been explained earlier, while determining the market value of land which is being acquired, the Collector/ Court must take into consideration not only the actual use being made of the land but also the probable use to which it could be putin the near future. For example land which might in the near future be used for building purpose cannot be valued as merely agricultural land. However suppose the Government acquires your land for ‘the purpose of putting it to a use to which under the existing Jaw a private individual could not and consequently the value of your land rises steeply, then you cannot claim additional compensation on this ground. S. 24 fifthly. Inother wordsif thereis prospective increase in value of the land because the Government uses it in a manner in which you could not have done under the law, you cannot claim higher compensation for the increased valued of your land after acquisition. Mstration: Mudaliar is the owner of a huge plot of agricultural land.Under the existing law he cannot put this land to a non-agricultural use. The Government decides to acquire his land for the purpose of putting up a cement plant. This is not a probable use to which the land, could have been put by either Mudaliar or any other private person in the foreseeable future. Therefore, this potential use will not be taken into consideration while determining its market value. Had such a law prohibiting non-agricultural usage not been in existence then its potential value for building/commercial purposes could have been taken into account. Prospective increase in value of other land Ques. 14 Can the increase in the value of my other land as a result of the use to which my acquired land will be put be taken into considera tion while determining the compensation payable to me? Ans. No. The Act provides that any likely increase in the value of your other land as a result of the use to which the land acquired will be put should not be taken into consideration while determining compensation. S. 24 sixthly. This provision can be explained by means of a simple illustration -, suppose a man has wo neighbouring houses worth 20,000/-each. One of these is being acquired under the Act. The purpose of the acquisition is the widening of the lane ‘There will be an increase in the value of the house which is not being acquired. It will be worth 50,000/-. Does this mean that he should not get compensation for the house acquired? The answer is No, He is entitled to full compensation, The Govern: ment cannot argue that he has benefited from the acquisition 4s the value of the other house has gone up. Cost of improvements /disposal of land aft Ques 15 Can I claim compensation on the incurred expendi fer notification gmund that I have ‘provements to the land after the 1 making. ir Publication on the notice u/s 4(1)? ‘Ans Any expenditure thatisincurred, or any improvements t Jand th cl the : t henced or effected after the date 80/84 (1) without d bet made, con of publication of the notificat the Collector will the permis- tken into account while Ng COMPENSATION. S94 ge. Compensation. S. 24 seventhly. It has been recog. © vous ¢ E ov CoMPensation | ME CAND ACOUISITION KeT aynised that it may be necessary for you to effect improvements in order to keep the property in a proper state of repair. ‘Therefore it has been provided that such improvements may be carried outwith the permission of the Collector. Remember the notice becomes effective from the date on which it is last published. For example if your boundary wall is collapsing or your roof is leaking you can ask the Collector for permission to make repairs. This permission will almost certainly be given to you. But if you want to build a new room or replace a fence with wall the Collector may not give the’permission because the work you propose to do is not necessary for keeping the property na state of repair. You can make repairs or improve- ments between the first and last dates of the notice under $.4(1). Youwill not need to ask for the Collector's permission. Ques. 16 Can I claim compensation if the land to be acquired is sold, Leased, mortgaged, et to me after the date of publication of the notice u/s 4(1)? ‘Ans. Once the notice under $.4 (1) has been published no sale, mortgage or other disposal of the land which is the subject matter of such notice can be made without the sanction of the Collector. If you enter into an agreement to buy such land without first obtaining the permission of the Collector then youwill not be considered as a “Person interested” and will not be entitled to any compensation. So, if you are considering buying or accepting as security land which is the subject of a notice u/s 4(1) of the Act make sure that you do so with the Collector's sanction or you will stand to lose your money. $.24 seventhly. Increased value on account of illegal use Ques. 17 AmI entitled to be compensated for an increase in the market value of my land due to my putting such land to illegal use? Ans. No. Any increase in value of the land to be acquired due to its being put to a use which is forbidden by the law, will be disregarded while assessing its market value. For example if the land in question isto be used for agricultural purposes only butpurposes and erects @ compen- its owner uses it for a commercial commercial building on it, he will not be entitled to sation for such building. S.24 eighthly. PAYMENT OF COMPENSATION r aan THERCANAEA ‘ues. 18 At which point of time in the acquisition proceedings # the Collector required to make payment of the compensation? ‘AnsyOn making his award, the Collector is required to make a formal offer of payment of the compensation to the persons interested as per the terms of the award and to pay such amounts to them. Ques. 19 What should the Collector do in the following cases(i) If ys (the peru interested do uh omens Vo receive the compen. sation; (as) If yns, the perso interested are muh crmpeterds alienate the bari 1.6 to transfer to the cumershiy bo anuther, or (iii If there isa disfrate asta the tithe to reine the mpensaliso 17 8 lo its apportionment. Ans. In these three cases instead of making payment the Collector must deposit the amount of compensation in the Courtto which a reference under $18 would ke 5.9) (1) fe (2) Receipt of compensation under protest Ques. 20 If f am not salisfied with the amirant of compensation awarded isit possible for melo receive payment ond atthe rama time ais objecd that ibis nok sufficient? ‘Ans. Yes. If you are 2 person whose interest in the land/ compensation has been recognised and admitued by the Cot lector you can receive payment and at the same time also contend that such amount is not adequate. Ist px $.31(2). This is called receiving compensation under protest. You can then apply to the Collector for a reference under $.18 so that the question of the sufficiency of the compensation can be determined by the Court ‘Note: Unless you make this protest you can miahe an application for a reference u/s 18. 2nd proviso to S.31 (2). Ie is rick mecesvary for ye to refuse compensation in order to challenge the aminant. You cam receive the momey under protest and also rein your ight to challenge the quantum of compensation. risa Ques. 21 How do I mae this preset? ‘Ans. The Act does not specify the manner in which the protest is to be made while receiving payment of the sum awarded. For example, if upon the Collector's tendering parment of the compensation, you state in your application for recening the same that you are prepared to receive it under protes. that would be sufficient. In other cases. the protest may be indicated ‘on the counterfoil of the cheque or the receipt taken by the Collector by the simple words “Received under Protest”. In the case of a recipient who is illiterate he must ensure that his THe LAND ACQUISITION ACT AND YOU) COMPENSATION Ezverbal protest is recorded by the Collector According to wo cases decided by the Calcutta es aoa (Karnataka) High Courts if you receive payment © re pensation without protest you would still be entitled to seek a prference so long as you do not encash the cheque: Payment by cheque is not payment till you actually encash it So. if you have failed to lodge a protest do not cash Your cheque. Seck a reference. But this means that you cannot Wée the moneyimmediately.So itisbest to make your protestat the proper time. What is essential is that if you are disputing the Collector's award butwish to receive payment of the compensation money you must make sure that itis clearly understood that you are doing so under protest. Otherwise you will lose the valuable right to have the matter referred to the Court for its decision. Ques. 22 What isthe period within which the application has to be made? - ‘Ans, The time limit prescribed for this purpose is six weeks. Ifyou are present before the Collector on the day on which he makes the award, then you should make an application within six weeks. The six weeks will begin to run one day after the dateon which the award is made. For example if the awardis made on the 15th February then the application will have to made within 6 weeks from the 16th of February. « Ifyou are not present when the award is made then the six ‘weeks will begin to run from the date on which you receive the notice. Ifyou do not receive a notice at all, you have six months from the date of the award. S. 18(2). Person incompetent to Alienate i.e persons not having the power or authority to transfer the ownership of the property to another : Ques. 28 Who can alienate property apart from the owner? ‘Ans. A person who is not the owner of a property can transfer Wit he has the legal authority to do so on behalf of its owner. nager (Karta) of « joint Hindu family, a trustee, an #4 guardian of a minor appointed under the Guardi AMO YoU) ComPENsaTION | ne te pe eleans and Wards Act may have such authority. In each of these ‘cases the scope of such authorityis defined by personal law. For example Hindu, Mohammedan, Christian laws and statutory laws such as the Guardians and Wards Act, the Hindu Minority and Guardians Act etc. Ques. 24 Can such a person receive the compensation money from the Collector? Ans. A person who is acting on behalf of another is entitled to receive the compensation money from the Collector. But if it is found that this person would have had no authority to transfer the acquired land if the transaction had been with a Private individual instead of the Government he may not receive compensation because he is incompetent to alienate the property. In such a case the money must be deposited in Court. Whether a guardian, trustee, Karta, etc has the authority to alienate the land or not isa question that has to be determined ‘on the facts of each case. Go to-a lawyer: Dispute as to title and apportionment of compensation Ques. 25 What must the Collector do when there is a dispute as to who is rightfully entitled to receive the compensation or as to how such compensation should be allocated among the persons interested? Ans. In such a case the Collector is Tequired to withhold Payment of the compensation and deposit the sum offered in Court Itis then for the parties concerned to make an applica- tion to the Collector requiring him to refer the matter to the Court u/s 18 so that the tle/right to the property and compensation may be determined. Refund when payment made to wrong person Ques. 26 What course of action should I adopt in onder to obtain @ refund of the compensation money when it has wrongly been paid to another? Ans. If you feel the compensation which should have been awarded to you has wrongly been awarded to another person then you must seek a reference from the Collector under S.18, THE LAND ACQUISITION ACT AND YOU) COMPENSATION imYou cannot go directly to the civil court. You must make use of the remedy prescribed by the Act. However, suppose you have not been served with an individ- ual notice u/s 9 nor with a notice u/s 12 informing you of the Collector's award and you did not appear either before the Collector or the Courtin reference proceedings-in short, ifyou Were neither aware of nor a party to the acquisition proceed- ings then you could institute a suit in the ordinary civil court to Fecover your share of the compensation money from the Person to whom it had wrongly been paid. Such a suit must be brought within three years from the date of payment to that Person by the Government Note: Ifthe public/general notice u/s 9(1) was properly issued and you had knowledge of the acquisition proceedings through such notice or other sources then you cannot claim that you were not aware of the ‘acquisition proceedings even though you may not have been served with an individual notice u/s 9. The Act provides that where any person has received com- Pensation in part or fully from the Collector and it is later found by the Court that such a person is not entitled to the whole or a part of the amount received by him, then such Person will be liable to pay the amount to the person who is found to be lawfully entitled to it. Third proviso to $.31(2). For instance, in one case in Madhya Pradesh, payment of the compensation money awarded was made to Radhabai. Later Damulal upon whom no special notice u/s 9(2) had been served, succeeded in establishing that he was the rightful claimant and not Radhabai. By this ime Radhabai had died but it was held that her heirs would be liable to refund to Damulal the amount of compensation received by her. Damu- lal had to file a series of civil suits, which was both time consuming and expensive. Ques. 27 Am J entitled to payment of interest on the compensation y the payment is delayed? Ans. Yes, you would be entitled to interest on the compensa. tion if at the time of taking possession, the Collector fails to THE LANO ACOUISITION ACT AND YoU 1 CowPENSATIONtender (to offer formally) payment to you. You will be entitled tointerestat therate of 9 per cent p.a. for the period commenc- ing from the taking of possession up to the time when itis paid. Prior to the Amendment Act of 1984 the rate of interest was 6 per cent. However, if even after the expiry of one year from the date on which possession was taken the Collector fails to pay the whole or part of the amount of compensation to you then he becomes liable to pay interest at the rate of 15 per cent p.a. for the period commencing trom the date of expiry of the said one year until it is paid. S. 34. Mlustration : For instance, the Collector makes his award om 1.1.85 and takes possession of your land on 2.1.85 without making payment of the compensation. In such a.case, he becomes liable to pay you interest at the rate of 9 per cent p.a. on the compensation amount from 2.1.85 ‘up to the date when he makes such payment. If he fails to doso even after «a year of taking possession i.e. by 2.1.86 then you are entitled o receive intereston the compensation amount at the increased rate of 15 per cent ‘pa. from 3.1.86 until such time as he makes such payment, If the Collector pays part of the compensation, you will be entitled to interest on the unpaid amount at the same rates given above. ‘The payment of interest under S.34 is mandatory and neither in the discretion of the Collector or the Court. Ques. 28 What happens if a person refuses to accept the payment of compensation? What happens if he is not qualified to do so? Ans. The compensation must then be deposited in Court and the interest is calculated at the same rates. Interest will be paid only up to the time of depositing of the money. The time at which the compensation is actually received by the owner isnot relevant. Investment of money deposited in Court Ss.32 and 33 Ques. 29 To what use can the money deposited by the Collector in Court bbe put and by whom? Ans. The Act distinguishes between three kinds of situations: Money may be deposited in Court because © the land is in the control of a person who cannot alienate it ACQUISITION ACT AND YOU / COMPENSATION«# because the claimant refuses to receive the compensation, Jed to receive it or in what = there ix dispute about who ise proportions 8.92 dealawith investment of moneyin those cares where the uation money has been deposited in Court by the Collector becaute the person claiming such compensation had no power to alienate the land in question, In auch a situation the Court is required to determine whetherauch person indeed has no power toalienate the land. IF Kt finds that this person is not competent to alienate, ‘compensation money is to be invested in purchasing other land, Such land is to be held on the same conditions of hip as the land which Mlustration: Gopal’ father Rambhai dies after making a will appoint ing Manubhai as the guardian of Gopal. But he does not give ‘Manubhai any power to alienate the land, which isnow owned by little Gopal, This land is now acquired by the Government. As Manubhai is not capable of alienating the land, he cannot receive compensation ‘Joris, Gopal cannot receive it because he is a minor. The Collector will ‘have to ay this money into Court, $,32 provides that the Court shall order that similar land must be purchased for minor Gopal with this ‘money, Manubhai will continue to be Gopat’s guardian on the old terms that is, he will not have the power to alienate this land either. .s9 pee ws been acquired, If itis not feasible to purchase land immediately then the compensation money should be invested in Government or other approved securities. Atsome future date these securities must be sold and the proceeds used to purchase land. 'S.82contemplatesa case when the limited owner such as the guardian has no authority to alienate the land and conse- quently to receive the compensation. Its provisions are tended (o be applied until the beneficiary or the ward attains majority and becomes entitled to receive such compensation, and deal with the property as he or she pleases, ‘Once the Court finds that the “full” owner has become entitled to the compensation money then it must direct that payment be made to such party. If land has been purchased with that money, under an order of the Court, the land will be DPNHPIHRIDIP HP DIS ppp THE LAND ACQUISITION ACT ANDYhanded aver to t 8.55 de in other cases Where the Collector has deposited the compensation naney Js with the investinent of money deposited in Crurt in Court because 9 the person interested does not consent to receive Hot fe there ina dispute as to who is entitled to receive | compensation or how itis to be allocated anong, theae entided, then, the Court may order Uhat such smoney should be inve © becat ed in Government or other approved securities, Purther it may also order that the interest from such securities should be accumulated and paid to the person entitled to it in such a 1 as to give him the same benefit as he would have received from the land in respect of which compensation has been awarded, Such order of Investment will be made only on the applica: jon of the interested party. Section 33 does not permit investment in land. mann AND YoU | Compimsation mPERSONS ENTITLED TO CLAIM A REFERENCE Reference to Court tues. 1 Iflam dissatisfied with the Collector's award, what is the remedy that is available to me? ‘AnsYou should make an app! a reference to Court. ‘The Act itself provides a comp! ment of dispute between the Collector, the interested parties on the other. ‘You cannot file asuit in the ordinary civil courts to establish your claim. The only course of action open to you isto seeka reference to the District Court. ‘The Act has conferred jurisdiction on the District Court to enquire into objections against the award and to make its own award or uphold the Collector's award after hearing the relevant evidence. ‘The Court does not have the power to remand i.e. send back the award to the Collector directing him to make a fresh enquiry and a further award. ication to the Collector and seek Jete machinery for the settle- on the one hand and tues. 2 Who can claim a reference? Ans. Two conditions have to be fulfilled before making reference; * the application should be made by a person interested; and * such person should ohana not have accepted the award of the For instance, if ; awarded withont pee Payment of the compensation considered to have gene 2 ts Sufficiency you would be ‘accepted the award and consequently you ight to demand a reference. 2nd would no longer have the ri Proviso to S. 31 (2),act ano yous MEFFRENCE TO COURT Ques. 3 How is @ matter referred to the Court for its decision? ‘Ans. You will have to make an application in writing to the Collector requiring him to refer the matter to the Court. The Collector has to refer the matter to the Court, You cannot approach the Court directly. Ques. 4 What should my application contain? an application in writing which ‘Such an on which Ans. You are required to make ist clearly contain a demand for a reference. slication should concisely set out the grounds necessary that the objection " “pp objection is being taken. It relate to one of the following issues vent of the land acquired; fe the measur* the amount of compensation; © the persons to whom compensation is payable; © the apportionment of the compensation among the persons interested. S. 18. Areference can be sought on any one or more of these matters but no others. Ques. 5 What is the period within which the application has to be made? ‘Ans. The time limit prescribed for this purpose is six weeks; « Ifyou are present before the Collector on the day on which he makes the award, the six weeks will begin to run the day after the date on which the Award is made. E-g. if the award is made on the 15th of February, then the application will have to be made within 6 weeks from the 16th of February. S. 18 (2) (a). « If you are not present when the award is made, and the necessary details have been communicated to you, as re- quired u/s 12 (2), then the six weeks will begin to run from the date on which you receive the notice. S. 18 (2) (b). Some States have however made their own amendments to clause (b) and for people from the concerned States the relevant State amendment will apply. For instance, in Andhra Pradesh, the time prescribed by the Land Acquisition (A.P). Extension and Amendment Act of 1959, is within two months from the date of service of notice from the Collector u/s 12 (2) i.e. the notice communicating the award to those persons interested who were not present or represented before him when the award was made. In Karnataka the time prescribed is within 90 days from the date of the notice (communicating the award) from the Deputy Commissioner u/s 1 (2) to such of the persons interested who were not present or represented before him when the award was made. Ques. 6 What happens if the award is not communicated to me? Ans. If the award is not communicated by way of notice u/s 12 (2) then time will begin to run from the date of constructive THE LAND ACQUISITION ACT AND YOU) REFERENCE TO COURTRETUSAL TO MAKE A REFERENCE, knowledge of the award i.c, the date on which the lawconsiders that you became aware of the contents of the award through some other source and the period within which the application should be filed is six months from such date. S. 18 (2) (6). tues. 7 Can the Collector refuse to make a reference? On. The Collector cannot refuse to make the reference, so long as the application is made within the prescribed time- limit and by a person interested who has not accepted the award. The Collector has no authority to decide about the merits of the objections raised by you. That is the duty of the Court, Ques. 8 What is the remedy if the Collector refuses or omits to take a reference? Ans. In such a case you have to approach the High Court. ‘The District Court cannot hear you. The procedure for this varies from State to State. So look up the state amendments to this part. If the Collector refuses or omits to make a reference no further remedy lies under the Act. If you are a resident of Himachal Pradesh, Maharashtra, Madhya Pradesh or Orissa, you can apply to the High Court in your State under Section 115 of the Code of Civil Procedure 1908 for revision of the Collector’s order. Your remedy would be to approach the High Court and ask for a writ of mandamus under Article 226 of the Constitution of India.* Ques. 9 What information does the Collector have to°give to Court Section 115 of the Code of Civil Procedure, 1908 empowers the High Court tw call for the record of any case which has been decided by any Court subordinate wit in certain circumstances and to vary or reverse the order of such Court. Ordinarily speaking, the Collector cannot be considered to be a “Court” subordinate to the High Court, However, these states have by way of amendments. 18 of the Actspecially provided that any order made by the Collector on an application for a reference u/s 18 will be subject to revision Court. ¢ High Court as if the Collector were a Court subordinate to such High HE LAND ACQUISITION AGT AND YoU | HEFERENCE TO COURTNOTICES BY COURT THE LAND ACQUISITION ACT AND while making a reference? Ans. The Collector is required to furnish the following particu- lars to Court © the situation and extent of the land; * the names of those persons whom the Collector has reason to think are interested in the land including those who had not appeared before him; * theamount of damages awarded and paid or tendered at the time of entering upon such land after the issue of the notice u/s 4 (1); * the amount of compensation awarded and also the grounds on which such compensation was determined. « in addition, the Collector is also required to attach to the above statement a schedule giving particulars of the notices served upon the persons interested and the statements made in writing or delivered by such persons in response to them. Thus, the Court will have before it a complete list of all the persons who are known or believed to be interested in the land to be acquired. S. 19. uues.10 What does the Court do after receiving the information Ojrom the Collector? Ans. The Court will cause a notice to be served on: the applicant S. 20 (a). «all other persons interested in the objection. S. 20 (b). A person who has consented to receive payment of the compensation awarded without protest will not be entitled to receive such notice. Such persons are presumed to have accepted the Collector’s award. The expression “all persons interested in the objection” refers to parties having conflicting claims to the compensa- tion. The conflict may be either as to the amount or the persons entitled to it. « the Collector, if the objection is with regard to the area of the land or the amount of compensation. No notice will be served on the Collectorif the dispute is about the apportion- ment of compensation or about the right of any person to You 7 REFERENCE Toreceive it; for these are issues that concern the claiments alone. S. 20 (c). In Karnataka, the Court is required to serve a notice on: «the Deputy Commissioner. « all persons interested in the reference; and « if the acquisition is nat made for the Government e company, then the person or authority for whom itis being made. {S. 20 as amended by the Land Acquisition (Mysore Exten- sion) Amendment Act of 1961]. Ques. 11 What should the notice say? ‘Ans. The notice should specify the day on which the Court will proceed to determine the objections and should direct those upon whom itis being served to appear before it on that day. SCOPE OF couRT’s ENQUIRY ‘ues. 12 What is the scope of the Court’s enquiry when a reference i Ans. The enquiry has to be restricted to the objections raised. As stated earlier, the four categories of valid objections are: measurement; amount of compensation; persons to whom itis payable; and apportionment. eee ‘The Court has jurisdiction only over those matters which have been raised in the objections and stated in the reference by the Collector and on no other matters S. 21. ‘The District Court is powerless if there isno reference by the Collector or the reference is bad in law i.e the conditions laid down in S. 18 have not been fulfilled. You will have to go to the High Court and file a writ petition. The Court is required to hear the case in public S. 22. The procedure to be adopted is that of the Civil Procedure Code, 1908. The evidence is to be recorded afresh irrespective of what was recorded by the Collector. The latter cannot be made use of except with the consent of both the parties. S. 23. THE LANO AGQUISITION ACT AND YOU / REFERENCE TO COURT aDEATH OF PERSON INTERESTED PENDING REFERENCE PROCEEDINGS: SECTION 18 ‘THE CONTENTS OF AWARD OF ‘THE couRT THE CAWO isimportantto note thatifa person interested dies oa I areference to the Court u/s 18is pending then the legal son must make an application £0 + names be brought on record in Tieu of that of the deceased. Such an application must be made within 90 days of the death of the person concerned. Ifitis not rade the reference proceedings will be deemed to have to eave to an end. In legal parlance, they will abate, (S: 53 ofthe ‘Act read with Order 22 of the Code of Civil Procedure, 1908), representatives of such pet such Court asking that thei ¢ Court must set out the amount of com- he award of th T pensation awarded under each of the sub clauses of S. 23 (1). The reasons and grounds on which each ‘of the above arded have also to be stated. S. 26 (1). Any amounts were aw: its decision other matter on which the Court may have given such as the apportionment of the compensation or the true area of the land-being acquired, does not form a part of the Court's award. Difference between the Collector’s Awardand Award by Court. we have just seen the award of the Court is only required toy ess, the amounts awarded under each of the sub-clauses of 'S. 23 (IPand the grounds for awarding such amounts. Th award itselfis to make no referenc S. 28 (2) or the rilénment of compensation though both these items oft a | of the Collector’s award and are among the gfounds of reference. The Court's decisions on these issuesare not to be recorded in the award. They form the subject matter of a separate order. It must be noted that by virtue of S. 26 (2) of the Act the [vat of the Court is deemed to be a decree. Execution can be taken outon the basis of the Court's award asifit were a decree of a Civil Court. Consequently, if the Collector fails to make payment in terms of the award of the Court then it is open to the person in whose favour the award has been made to execute the AcGUISITION ACT AWO VOU | REFERENCE TO COURT } 3 TIF PIOMOHPPAPAPPPPPPe se > > yD da al 3 “ ao. * > a ae"a’ =decree against the Government under the Code of Civil Proce- dure, 1908. Costs In reference proceedings the award of the Court must also state the costs that have been incurred in such proceedingsand by what persons and in what proportion they are to be paid. 8.27 (1). } Costs mean the statutory allowance which a successful party is entitled to get froméhe losing party to reimburse himself, for expenses incurred in defending or prosecuting the proceed- ing. These costs are not calculated on the basis of actual lexpenses. Amount of cost awarded is generally much less. The Court has discretion to award costs to the successful party. A successful party is not entitled to costs as a matter of right but generally a successful party will not be deprived of his costs unless he has been guilty of misconduct or there is some other good reason for not awarding costs to him. Costs When Collector’s Award Not Upheld ‘The Act provides that when the Collector's award has not been upheld by the Court, the costs should ordinarily be paid by the Collector. However, if the Court is of the opinion that your claim was extravagant or that you were negligent in putting your case before the Collector, or you had deliberately suppressed evi- denceas to the value of your property, then it can deductsome amount from the costs awarded to you. You may even be directed to pay a part of the Collector's costs. $. 27 (2) Ques.13 Can the Court award a sum less than that awarded by the Collector? Ans. No. The Court cannot do so. The Court has the power to award a sum in excess of that awarded by the Collector but not alesser sum. S. 25 as amended by the Amendment Act of 1984. Ques. 14 Am I entitled to interest on excess compensation? Ans. The award of interest in this case cannot be demanded as THE LAND ACOUISITION ACT ANO You! REFERENCE To COURT atHe ye xt of right. Itis in the discretion of the Court. Where the Court’) awards an amount that is greater than the amount awarded by the Collector, the Court may direct the Collector to pay | interest on the excess sum from the date on which he took | Possession of the land to the date when such excessis paidinto | Court. Prior to the Amendment Act of 1984 the rate of interest was 6% p.a. After 1984 the rate of interest is 9% p.a. S. 28 (1). If the excess amount is paid into Court after one year from the date of taking possession then the Court may direct that interest will be payable at the rate of 15% p.a. on such excess amount. Such higher rate of interest is payable for the period commencing from the date of expiry of the said one year until itis paid into Court. Mlstration: In 1985 the Collector awards you Rs. 50,000/- by way of compensation for your land but you are dissatisfied with this amount, So, you decide to seek a reference to the Court u/s 18. Upon your Application the Collector refers the matter to the Court. In the reference proceedings the Court decides that the amount Guarded by the Collector was insufficient and increases this sum by Rs 25,000/-to Rs. 75,000/-. Now, the Court has the discretion to award interest at the rate of 9% p.a. on the excess amount awarded b Rs. 25,000/.. Since interest isin the discretion of the Court it m award interest in all cases. it viz tay not In-such a case the Court may decide to award interest on Re, 25,000/ at 9% pa. for the period 1.1.86 to 1.9.86. However, ifthe Collector fails to deposit this sum within a year from thedateon which he took possession vis by 31.12.86 then the Court has the power to direct the Collector to pay interest atthe rate of 15% pa Srom the expiry of the first year (after 31, 12 86) tillactual payment into '¢ excess amount on 1. 3.87 the court >% pa. for the period of 1.1.87 to tion of the Court.™ * ee ‘awarded by him viz. Rs, 50,000/-in Court, you are not entitled | ‘any interest on il, eee eed ly ~~ The Ad hes gone. Cy ata beng Leet) bol € SHALL 4 ldo? ~N THE LAND ACQUISITION ACT AND YOU / REFERENCE TO COURT a te toget However, ifthe Collector hes failed to pay or deposit in Court the compensation awarded by him before taking possession of your land then you are entitled to intereston such amount at the rate of 9% p.a. for the period commencing with the taking of possession and ending ‘with the payment to you or depnsit ofthe compensation in Court. Ques. 15. Lhavenot sought a ference to Court. But my neighbour has ‘and he has gota higher award. Can I benefit from it? ‘Ans. Before 1984 you could not but since S. 28A has been introduced by the Amendment Act of 1984, you can do so in certain situations. Ifa person whose land is covered by the same »notice u/s 4 (1) as yours, tion you can also take advantage of the Court's Order You ean , make an application to the Collector requiring, him to redeter mine the compensation payable to you on the basis of the amount awarded by the Court to such other person. fury eal as been awarded higher compensa application must be made within three months frar Wie dae of the award of the Court. In calculating this three months ward was pronounced and the period the day on which the time required for obtaining @ copy of the award are wn be, excluded. If you have accepted the amount awarded by the Collecta without any protest then it would not appear to be open to you to avail of the provision of S. 28A- To safeguard one’s rightsit is best to always receive compen sation under protest. Generally poor and illiterate landholders £4 Sto take advantage of the right to seek a reference to the Court even though they might not have been satisfied with th compensation awarded to them by the Collector. Another villager who was affluent and educated may be aware of the ¢ amount of advantages of secking a reference and have the resources ty do so. He therefore would go to Courtand receive a higher award But the poor farmer, whose land was just as good, would he to be content with the same low award. The legislature felt thatsuch an inequitable situation needed to be rectified. This led to the enactment of S. 28A in 1944 ‘After the Amendment Act 1984 the poor farmers can take |) advantage of the case filed by the rich and better informed neighbour. They can rely on the higher award the Court has given him and ask the Collector to revise their awards. The provisions of S. 28A are indeed salutary and should be availed of once any person interested has managed to get the quantum of compensation payable to him enhanced. News of his success is bound to get around in the locality and no ume should be lost by others whose land is covered by the same notification in making an application to the Collector for redetermination of the amount of compensation payable (© them TloM ACT AND You) REFERENCE TO COURTAMPYALS FROM AWARD OF COURT On receiving such an application the Collector is required to conduct an enquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, Thereafter, he should make an award determining the amount of compensation payable to the applicants. S. 284 (2). Ifyou are sill aggrieved by the decision of the Collector and do not accept his award then you have the option to make a on to the Collector requiring him to refer the 2A (3). written app question to the Court. § tues, 16 Do I have any remedy if | am not satisfied with the award of the Court? AnarYes, you can appeal to the High Court irrespective of the value of the claim. 8. 54. ‘The State of Karnataka has amended S. 54 to restrict the right of appeal to the High Court to cases where the amount or value of the subject matter in dispute exceeds Rs, 2000/- or where the case involves any question of title to land. In other 1 appeal would lie toa Court subordinate to the High cases, Court which is authorised under the general law to hear appeals from the award of the Reference Court Lis very important to note that S. 54 gives a right of appeal ‘only in the case of the award of the Court in reference | any other decision of such Court though i proceedings and n inthe same matters e.g, ‘An appeal from such an order may ie tothe High Court under the provisions of the Code of Civil Procedure, 1908. Thus, S. 54 confers a very limited right to appeal. n Order apportioning compensation Mlustration: Suppose you are not satisfied with the Collector's award as regards: (i) the sumof ts, 75,000/-awarded as compensation; and (i) the proportion of such sum to be paid to your tenant as a “person interested”. Vou request him to refer the matter to the Court u/s 18. The reference Court by ats auvard increases the compensation by Rs, 5,000/. via. a total of Rs, 80,0007. By its order it comfirms the decistom ofthe Collector regarding the fropontion of compensation payable to your tenant. You have the right to appeal to the High Court u/s 54 regarding the tnence ro coumr nmmarginal increase awarded by the reference Court. But as regards the issue of apportionment you can only do so if this right is available to you under the general provisions of the Code of Civil Procedure, 1908 which specify the limited circumstances from which an order may be appealed. If such an order is not appealable then you will be compelled 0 accept the decision on the reference Court with regard to the ‘Apportionment of the compensation. ‘CONSULT YOUR LAWYER TO FIND OUT IF YOU MAY APPEAL. Appeal to the Supreme Court Ifyou are aggrieved by the decree of the High Court then you can appeal to the Supreme Court subject to the provision of wy Order XLV of the Code of Civil Procedure 1908. S. 54. ‘Time Limit for Appeals Ques. 17 Within what time should an appeal be preferred to the High Court and the Supreme Court? Ans. An appeal must be preferred to the High Court from the award of the reference Court within 90 days from the date of the award. S. 116 (a) of the Limitation Act, 1963. An application must be made to the High Court for a certificate of fitness to appeal to the Supreme Court within 60 days from the High Court decree. S. 132 of the Limitation Act, 1963. ‘ “ct auo vou | nevemence to coutPaes ara six | 7 Acquisition of Land for 7 Companies ou will remember that under the provisions of the Act land can be acquired when it is needed for: a public purpose; or * acompany. The procedure to be followed when acquiring land for a company is the same as when acquiring land for a public purpose. However, no steps can be taken to acquire land for a company unless: « the previous consent of the government has been obtained; and “e the company has executed the agreement discussed below 8.39. ‘The preliminary notice u/s 4 (1) can be issued by the government before these two conditions have been complied AX with but the Government may not issue the declaration u/s 6 until these conditions have been fulfilled. “Company” Defined Ques. 1 What does the term “company” mean? ‘Ans. A “company” has been defined by the Companies Act, 1956.as one thatis formed and registered under that Act or one formed and registered under any of the previous specified company lawsviz. Act X of VI 1882, VIT of 1913 and LIV of 1942, For the purposes of this Act the term “Company” includes: «companies in the strict sense of the term as defined above 's societies registered under the Societies Registration Act, 1860; = cooperative societies within the meaning of any state laws pertaining to co-operative societies S. 8 (c). Industrial concerns owned by an individual or an associa sac CaRe TEOWTISN DEY awe Vou imme on compamiesCONSENT OF GOVERNMENT THE LAND ACOUISITION ACT AND VOU dividuals (partnership firm). S. 384. ‘An industrial concern which employs at least 100 workers and is owned by an individual or an association of individuals is also considered to be a “company” for the purposes of the ‘Act. Land can be acquired for such a concern ifitis needed for {ovo purposes: '« crecting dwelling houses (residences) for workmen em- ployed by it; or «providing amenities directly connected with the above purpose e.g, sewage, sanitation. This is the only instance in which land can be acquired under the Act for an individual ora firm, Note: [fyourland is being acquired fora company ask a lawyer whether the acquisition is legally valid. tion Q tues. 2 When will the Government allow a company to acquire land? Ans. When a company makes an application to the govern- ment for acquiring any land the Government directs the Collector to submit a report on the following points: that the company: has made its best efforts to find suit and «has made all reasonable efforts to get such land by negotia- tion with the owners of such land offering to pay a reason- able price and that such efforts have failed; that the land in question is suitable for the purpose for which itis to be acquired; ble land in the locality; # that the area of the land proposed to be acquired is not excessive; # that the company is in a position to utilise the land speedily and efficiently; * where the land proposed to be acquired is good agricultural land, that no alternative suitable site can be found. Rule 4 of the Land Acquisition (Companies) Rule 1963, The Collector must give the company an opportunity to CAND FOR COMPANIES |pprosentitseaseand must enquire inte the matters set out below betore submitting his report Darpose of acquisition—S, 40 (1) An addition, the Government must also be satisfied that the company requtites the land for one of the following purposes fe to obtain land for erecting dwelling houses for workmen employed by it or for the provision of amenities directly connected therewith c.g, sanitation, sewage This is the nly purpose for which land can be acquired ander the Actfora private company which is nota Government Company. S. 44. The term workmen” has not been defined andl its interpretation is therefore open to question. This clause may be misused to acquire land for constructing a housing colony for highly paid officers; «forthe construction of some building or work for a company which is engaged oris taking steps for engaging itselfin any industry or work which is for a public purpose. The ambit ofthis clause is quite wide forit does not require that the building or work for which the land is to be acquired should itself be for a public purpose. For instance. this clause“ could be used bya company engaged in manufacturing cement) to acquire land for building # club house for } top-level, | anagement employees; «for the construction of some work and that such work is likely to prove usefull to the publi In an Allahabad case the acquisition of land for the con- struction of houses for the members ofa co-operative housing society was held tobe an acquisition for a purpose useful to the public |The work must promote public welfare, prosperity or con- venience, Works like a hospital, a publie reading room or an educational instiuution open to the public would fall in this, category The satisfaction of the Govern ent must be based either on. | the report of the Collector or the report of an oflicer ap- pointed by Th final. Te xt in most circumstances in Courts. Your decision of the Government cannot he challenyJawyer will advise you on this point Agreement with Government—S. 41 Once the Government is satisfied that the company desires to sanctioned by the Act and acquire land for a purpose which atop fulfils the other conditions prescribed in Rule 4 of th Land Acquisition (Companies) Rules, 1963, then, it can re quire the company to enter into an agreement with it provid ing for the following matters:~ fe the payment to the Government of the cos! ‘of acquisition No declaration under S. 6 can be issued unless the entire compensation amount will be paid by such company othe transfer of the land to the company on payment of suc h cost; «= the terms on which the land will be held by the company S. 44-A prohibits any company for which land has been acquired from transferring the same without the previous sanction of the Collector. The provision isintended to prevent misuse of acquired land. ethe ime, the conditions and the manner in which the dwelling houses or amenities shall be constructed oF Pr vided. «4 where the acquisitionisfor the construction of awork which velikely to prove useful to the public, the terms on which the) public shall be entitled to use the work shall also Be soc ou S exceuted it must be pub- 41) though: PUBLICATION OF AGREEMENT) oO” the agreement has be section 42 shed in the official Gazette now just like a notification. Theagreement will have the same effec in were a part of the Act Thereafter, the declaration under S, 6 will be made and the rest of the procedure laid down in the Act will follow Wo REGUISINION ACT AND YOU) LAND FOR COMPANIESBA crsrrer SEVEN| POSSESSION BEFORE AWARD, SECTION 17 . THE LAND ACoUIsITION ACT _, Special Powers in C 1ASCS ~ of Urgency ues. 1 Gan the Government take possession of my land before the Collector has made his award? ‘Ans, Yes, Under §. 17 the Government has been given special d without making the award. This power powers to acquire lar can be used only in cases of urgency. If the Government thinks that it is a case of urgency, it may direct the Collector to tke possession of the land even though he has not given his award. ‘The Collector can acquire the land fifteen days after the publication of the notice under S. 9 (1), but not before Bihar such possession can be taken on the However, expiry of fifteen days from the date of publication of the declaration u/s 6. It is even possible to acquire the land after issuing the notification u/s 4 (1) without further delay. But for this the consent in writing of all the persons interested is necessary. Ques. 2 When can these special powers be used? Ans. The scope of S. 17 (1) has been tremendously widened by the Amendment Act of 1984. Before 1984 the Government could invoke this urgency provision only in respect of either waste lands orarable landsi.c land capable of cultivation aswell as cultivated land. But now any land can he acquired under t clause. Ithardly needs to be pointed out that such great discret ary power is liable to be misused. Before 1984 land could be acquired under urgency powers for public purpose, as well as for a company. After its Amend- ment the urgency provision cannot be utilised to acquire land for a company. To this extent Government powers have been curtailed, ANo You) SPECIAL POWERS muTHE LAND ACO Ques. 8 What is urgent Ans. Unfortunately, there public purpose or urgen Government to decide. This opinion is courts have no right to go into the question whether urgency Cae eanes ee ae Government has not applied its mind to the matter or that the action of the did not hone: Government is malafide i.e. i stly form that situation is therefore completely unsatisfactory ion in the Act of either cy. It is entirely a matter for the a subjective one. The is no definiti opinion. Th: from the point of view of the people- Ques. 4 Does the Collector have to wai for fifteen days after the S. 9(1) notice? ang There are some circumstances in which land can be visirion Aeacquired immediately after the public notice u/s 9 (1). Where sudden changes in the course of a navigable river or other unforseen emergency requires new land to be immediately taken by any Railway Administration for the maintenance of its traffic, for making a riverside or ghat station or providing a convenient connection with or access to any station, the _Collector may be directed by the Government to take posses: sion of the land immediately after S. 9 (1) public notice. Secondly if the Government considers it necessary to acquire — the immediate possession of any land for the purpose of _/ maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity, the Government can direct the Collector to take immediate pos- session after the S.9 (1) public notice. S. 17 (2). However, the Collector cannot take possession of any build- ing or part of a building without giving to its occupier at least 48 hours notice of his intention to do so. This it to enable him: to remove his belongings from the building without unneces- sary inconvenience. A longer notice may be givenif considered necessary. Proviso to S. 17 (2). Thus, we see that “urgency” is of two kinds, viz « Where the taking of possession may be delayed by at least 15 days from the date of publication of the general notice u/s 9a) 08) © Where unforseen emergency necessitates immediate pos- 0 oe session after publication of such general notice. 4{ $(7(( 7 Payment Before Possession-S. 17 (3A) Ques. 5 Can the Collector take possession without any payment? Ans. No. Before the Collector takes possession he must tender and make payment to the person interested of 80% of the com- pensation as subjectively assessed by him. S. 17 (3A). In addition, if there are standing crops and trees, compen- sation for them must also be offered /paid. The Collector must also offer to pay compensation for damage suffered on ac- count of sudden dispossession. S. 17 (3). If the persons interested do not consent to receive the money orif there is no person who is competent toalienate the [(TWe Law Acouisiiow ACT AND Yous SPECIAL POWERS i]?land or if there is any dispute about it, the Collector should deposit the money in Court. Ifyou refuse to receive compen- sation for standing crops that sum will be added to the 80% compensation. Thereupon, the land becomes the absolute property of the Government. Prior to the insertion of S. 17 (3A) by the Amendment Act of 1984, there was no provision for payment of compensation to the persons interested before the Collector took possession of their land. This resulted in great hardship to the expropriated owner. This new provision for adhoc assessment and payment of 80% of the compensation is a welcome relief. When the Collector ultimately makes his award, ifitis found that the amount that was paid before possession exceeds the compensation awarded by the Collector, then such excess is to be refunded within three months from the date of the Collec: tor’s award otherwise it will be recovered as an arrear of land revenue. S. 17 (3B). ‘Accepting Payment Without Protestexception The general rule is that if a person interested receives the compensation awarded without any protests to its sufficiency then, itis not open to him to challenge the sufficiency of such compensation. 2nd proviso to S. 31 (2). However, S. 17 (8A) provides that in cases of urgency even if you accept payment of the sum offered by the Collector without any protest as to its sufficiency, you can still challenge the award in the Reference Court. ‘Taking Possession on Government Direction Only It must be noted that even in cases of urgency the Government may not think it necessary to take immediate possession for good reason. Thus, even in cases of urgency the Collector cannot take possession of the land in question before making an award unless the Government directs him to do so. Dispensing with the S. 5A enquiry As we have seen the normal procedure is to issue a notice u/s 4 (1) and to give the persons interested an opportunity to THE LAND ACQUISITION AC € THON ACT AND YOU 1 SPECIAL POWERSfile their objections to the proposed acquisition. These objec- tions are to be considered by the Collector and subsequently the Government. Under $. 17 (4), the Act provides that in the case of any land to which the urgency provisions have been applied, the Government may issue a notification that the provisions of S. 5A shall not apply to the acquisition of such land. In such a case, the declaration under S. 6 in respect of such land may be made at any time after the date of publication of the notification under S. 4 (1). In other words, there will be no interval of thirty days which would have enabled the person interested tofile their objections. The further period required for the Collector to consider such objections as required by S. 5A will automatically be waived. This means that notice u/s 4 7 (1) can be immediately followed by a declaration u/s 6 and notice u/s 9 (1). The rationale underlying this provision is that the nature of the circumstances which have caused urgency in the taking of possession of the land in question are such that the period required for inquiry u/s 5A would cause great prejudice or inconvenience and defeat the very purpose of the acquisition. For example due to an acute scarcity of godowns & ware- houses, grain purchased by the UP Government was lying outside in the open. The Government invoked the urgency provisions in respect of the land it desired to acquire to build warehouses for storing such grain. Had it followed the usual procedure in acquiring such land the grain would have rotted in the open causing great loss to the Government and also the people at large. Ques. 6 Can a notification dispensing with the enquiry u/s 5A be challenged? Ans. Yes. Before a notification directing the dropping of the enquiry by the Collector u/s 5A can be issued, the Government must be satisfied that it is necessary to use the urgency or ‘emergency clauses in $. 17 (1) or (2). This notification can be challenged on only two grounds. «The Government has not applied its mind to the question «The Government has not honestly formed its opinion, FWE LAND ACOUISITION ACT AND YOU / SPECIAL POWERS HnThe Courtis then entitled to enquire as to what are the facts and circumstances on the basis of which the Government has formed its opinion and whether such facts and circumstances is purpose. can be said to be relevant for t Where the urgency provision has been arbitrarily exercised in a malafide manner, your only remedy is to approach the Court by way ofa writ petition to have the notification declared null and void i.e. as having no legal force. “Unfortunately, where the provisions of S. 17have been invoked, your land may have already become the property of the Government by the time you have marshalled your facts; consulted a lawyer and had him prepare a writ petition. Once the lands have been acquired the Courts cannot return the land to you. Inother words, there is very little you can do in this situation. SPECIAL PowERS —SURVICE OF NOTICES, SECTION 45, Miscellaneous Provisions swe have seen various notices are required to be served AS the persons interested under the Act. Ques. 1 How is this service tobe effected? Is it necessary to serve the notice on the person interested himself or cam it be served on any other of his family if he is not to be found? Ans. A notice is to be served by delivering a signed copy of it to the person named in the notice. A notice must be signed by the person giving it i.e. the Collector. If the notice is given by the court the judge must sign it. $.45(1) ‘The general practice is to obtain the signature of the recipient on the notice to prove service. When such person cannot be found then the notice may be served on any other adult male member of his family who resides with him. $.45(2). If no adult male member is to be found, then the notice may be served by «affixing a copy of the noiice on the outer door of the house in which the person named in the notice resides or where he carries on business. «Alternately, a copy of such notice can be affixed in some conspicuous place in the office of the Collector or in the court house, as the case may be. In either case, a copy ofsuch notice is also required to be affixed on some conspicuous part of the land (o be acquired S. 45(3) If the notice is served ona woman it is not legal. Its strange to find so antiquated and retrograde a provision in the laws of 4 country whose Constitution guarantees that there will be no, discrimination by the State on the grounds of sex. This provi- sion of the Act needs to be brought in line with the Givil ¢ Code 1908 which in asimilar situation provides that Procedur service on any adult member of the family, male or female is tue LANG ACQUISITION ACE AND YOU ¢ MISCELLANEOUS PROVISIONS m{ connate prrye vromnn § uly dam, Pa , SERVING NOTICE sood service, Order v, rule 15, ‘The expression “cannot be found” contemplates habitual alnence of the person concerned and not his casval abnence # particular Gime at his address. If three attempts have been matia to verve @se notice onyou and on none of these occasion were you present either at your residence or place of work then thee “such attempts, would not be good service Notice by Post Where the perwn on whom the notice is to be served cann™ 'n found then the Coutt/Collecton have heen empowered 19 adopt an alternate mode of service. Before adopting S rou) wisceitaweous paovisionfACQUISITION OF PART OF HOUSE OR BUILDING, SECTION 45 alt native method, the judge, or Collector should give a clear direction to that effect. Thus, when the person on whom the judge may direct that service should be effected by sending a copy of the notice by post, in a letter addressed at his last known residence address or place of business. Such a letter should be sent by Registered Post with acknowledgement receipt. Proviso to $.45(3). Ques .2 What happens if the registered amer comes back with the endorsement “Refused”? Ans, When a notice is sent by registered post to the correct address and theaddressee refuses to acceptit, itis assumed that ithas been duly or properly served because the Supreme Court has held that refusal means that the addressee to whom the communication is sent must be taken to have known the contents of the document sought to be served upon him without any more proof. However, it is open to the addressee to establish that he could not have refused the letter asit was never broughtto him. wes. 3 Can the Government acquire only part of a howse or other building? Ans. No. Not if you oppose i cred to acquire a partonly of any house or other building if the The Government is not empow- owner desires that the whole of such house or other building should be acquired. That is, you can force the government to acquire the whole property. But you cannot stop the acquisi tion of the part. However, in Gujarat this prohibition against the wishes of the owner becomes operative onl ifthe Collector that acquisition of a part only of the property in is sati question would adversely affect the use of the remaining portion of such property, S49.A. You should express your desire that the whole house should he acquired at any time before the award is made, Even after so vou can stil change your niind at any time betore the doin, Collector makes his award. You should inform the Collector of AND YOU) MISCELLANEOUS PROVISIONS mgyour changed decision by a written notice. Proviso to $.49(1). If there is any dispute as to whether any land which is Proposed to be acquired is part of the house or building, the Collector should make a reference to the Court on this subject. He should not take possession of the land till the reference has been decided. In deciding the question as to whether the land proposed to be acquired is part of a house or not, the Court should have regard to the question whether the land is rea- sonably required for the full and unimpaired use of the house. DAMAGE FOR SEVERANCE OF LAND, SECTION 49(2) THE caw Acoulsit! uppose a portion of Nathu’s land is acquired under the ‘Act. His remaining land has thereby been divided into two small areas, one of which no longer has access to the public road and the other has been rendered practically useless to him. In such a case Nathu would be entitled to claim damages for severance of the areas from the portion acquired under ‘$.23(1) Thirdly. However the government may consider that Nathu isasking for very high damages for severance of his land. In such a case the Government may order that the whole of such land should be acquired. $.49(2) provides that where 2 person interested had lodged a claim for additional compen: sation under S. 23(1) thirdly and the Government is of the opinion that the claim for severence is unreasonably excessive then it has the option to order the acquisition of the whole of the land belonging to such person. Such option must be ‘exercised at any time before the Collector has made his award. It is not necessary for the Government to give the person interested a personal hearing before its decision on this point. In such case it is not necessary to issue a fresh declaration under S. 6 in respect of such land but the Collector must, without any delay, furnish a copy of the Government's order to the person interested and should thereafter proceed to make his award. S. 49(3)- The purpose of an order under S. 49(2) is two-fold, Firstly. it saves the claimant from suffering loss duc to severance and it also saves the acquiring authority from having to or excessive amount towards severance secondly, pay an unreasonable ow AcT AND YOU / MISCELLANEOUS PROVISIONSTWE LAND ACOUISITION ACT AND YOU | MISCELLANEOUS PROVISIONS — compensation. Thus, where only a part of a building is being acquired, S. 49(1) enables its owner to compel the Government to acquire the whole of such property, if he so desires, whereas S. 49(2) gives the Government the option to acquire the whole of the property whether itbe land or building where the claim for severance is, in its opinion, unreasonable or excessive.MEM eirecn ns PRELIMINARY NOTIFICATION, Sk ONT The Land Acquisition Act, 1894 and You dun January, 1988 your State Government. issues ang, Otiiication (notice") stating that the land mentioned in theachedule is likely to be needed for a public purpose viz for planned development of the area. This notification is put, lished in the Official Gazette of the State Government. “The Schedule sets out the names of 20 villages in which the landis likely to be needed. Neither the survey numbers nor the approximate area and boundaries of the land likely to be needed by government is given. At this stage itis not required to mention them. On 6th January 1988 this notification is published in two newspapers which circulate in your area and in the other 19 villages. One of these newspapers isa Hindi newspaper andthe other in the language of your region. On 11th January 1988, officials from the office of the Collec- tor come to your village and put up a notice in the Panchayat Ghar, This notice contains a summary of the contents of the notification issued by the State Government. You read this notice and realise that your village is one of those named in the Schedule. 11th January 1988 is the effective date of the publication of notification under S. 4(1). Note: At this stage unless the State amendments require it no individ: ual notice will be served on you informing you of the proposed acquisition. (See Appendix 1). Whenyou learn thatyour land may be acquired by the Gow your first reaction is to try and sell the land as soon as possible: You should remember that once the notification u/s 4(1) published it is not lawful to sell, mortgage, lease or gift your land without first obtaining the permission of the CollectoF THE LAND ACQUISITION ACT AND YoU ) THE ACT AND YO° eee cece eee Cee aAny such disposal without the Collector's sanction will not be recognised or taken into consideration for the purpose of determining the compensation payable for such land. Nor should you effect any improvements on such land without the prior consent of the Collector. S. 24 seventhly. What then should you do? You and all the other persons whose land may be acquired should concentrate on finding out the details of the proposed acquisition and see how you can best safeguard your interests. OBJECTIONS, SECTION 5-A he effective date of publication of the notice u/s 4(1) is 1th January, 1988. Therefore within 30 days from this by 10th February, 1988 at the latest you and all the other persons interested in the land mentioned in the Sched- ule must file your written objections to the proposed acquisi- tion in the Collector’s office. date Your brother, Giridhar and you jointly own half an acre (i.e. ---..--2,420.sq- yards) of agricultural land, which you have inherited from your father. Out of this, 420 sq. yds. of land have been let by you toa tenant Yashwant. Giridhar and you will be considered to be persons interested under the Act and will therefore be entitled to object to the proposed acquisition. S (3b) Yashwant, by virtue of his leaschold interest in your land will also be considered to be a “person interested”. You have several labourers who work on your land. None of these labourers will be entitled to object to the proposed acquisition although they will be deprived of their source of livelihood if your land is acquired. Nature of Objections You cannot object to the proposed acquisition unless you are aware of the purpose for which the acquisition is contem- plated. All that the notification dated 4th January, 1988 states is thatland might be needed for “planned development of the area”. It does notindicate whether the developmentis to be of residential and building sites or of commercial and industrial [THE LAND ACQUISITION ACT AND YoU / THE ACT ANDSURVEY OF LAND PROPOSED TO BE ACQUIRED, SECTION 4(2) PENALTY FOR OBSTRUCTION, SECTION 46 i istofind plots. Therefore, the first thing that you will have to dois ae out from the Collector what kind of development is co! plated and whether there exists any scheme or master plan ie respect of such planned development that can be inspecie . Since the time given for filing your objections isonly 5¢ : a you may find that you spend the better part of this ime in jus trying to getinformation from the Collector about the purpose of the acquisition. . If despite your attempts to elicit information you fail to get adefinite response from the Collector, then you should at least file an objection on the ground that since the public purpose mentioned in the notification is not specific you are not able to file an effective objection against the proposed acquisition. In such a case the only alternative is to approach the High Court under its writ jurisdiction and ask for the acquisition proceedings to be quashed. This is time-consuming and ex- pensive. File a public interest litigation (see page 123) hile you are busy trying to gather information to enable you to object effectively to the acquisition Mr.Gajanan, an authorised officer of the government enters upon your land for the purpose of surveying it and taking levels of the land to enable him to ascertain whether it is suitable for the purpose that the government has in mind. He digs and bores into the sub-soil. For the purpose of setting out a boundary he cuts and clears away a part of your fence. He offers to pay youasum of Rs.500/-for the damage caused to your fence. You are not satisfied with this amount and he therefore refers the dispute to the Collector who upholds his decision. You have no choice but to accept this amount. f you were to deliberately displace any marks that Mr. Gajanan has made or prevent him from cutting down your fence then you could be arrested and tried by a Magistrate forthis offence. fyouwere found guiltyyou could be imprisoned for a maximum period upto a month or fined upto Rs. 500/- or both. __THE LAND ACQUISITION KET AND YOU 7 THE-AGT AWD YOUEntry into Your Home: Proviso, Section 4(2) ‘Mr. Gajanan wants to enter into the garden attached to your house. He cannot do so unless he first gives you notice of hisin- tention to do so. Such a notice has to be in writing and given 7 days in advance. Hearing of Objection by Collector, Section 5A(2) Meanwhile, the Collector has heard all those who wish to object to the proposed acquisition and has submitted his report to the Govt. You can apply to the Collector for a copy of his report though he is under no obligation to give you a copy. In the alternative, you should seek permission to inspect the Teport in his office. Go ina group. Take a lawyer with you. DECLARATION OF INTENDED he Government considers the Collector's report and ACQUISITION, SECTION 6(1) T decides to goahead with the acquisition. On 15th Decem- ber, 1988 itissues a declaration that the land mentioned in the Schedule is needed for development and used as an industrial and residential area. The schedule sets out the districts and the approximate area of the land which is to be acquired. Of the twenty villages mentioned in the Schedule to the notification dated 4th January, 1988, fifteen feature in this declaration. Your village is also one of those included in the declaration. Once the Government has made up its mind that your land is needed for a public purpose there is little that you can do to stop the acquisition proceedings. The Government is the sole Judge as to whether a public purpose exists and whether your land is needed for such a purpose. On 27th February, 1989, the Government issues another declaration-this time in respect of the five villages left out earlier. Can the Government do this? Yes the Government has the right to issue suce ive decla- rations in respect of land covered by a single notification u/s 4(1) but since the coming to force of the Land Acquisition (Amendment) Act,1984 (The Amendment Act) these succes- THE LAND ACQUISITION ACT AND YOU) THE ACT AND YOUsive declarations have to be issued before the expiry of one year from the date of publication of the S. 4(1) notification. In this case the second declaration should have been issued at the latest by 10th January, 1989. Therefore, this second declaration is not valid and the Government cannot proceed to acquire any land in the five villages covered by this declaration. Publication of Declaration, S. 6(2) ‘The declaration is published in the Official Gazette on 15th December, 1988. It is published in at least two newspapers on 7th January 1989, One of them must be in a regional language newspaper which circulates in the 15 villages covered by the declaration dated 15th December, 1988. On3lstJanuary 1989.asummary of the declaration is putup at various landmarks in the 15 villages by officials from the Collectorate. ‘The effective date of publication of this declaration will be 8st January, 1989. Order for Acquisition and Marking out, Measurement. of Land etc.: Sections 7 & 8. Once the declaration has been published the Government will direct the Collector to take an order for acquiring the land specified in the Schedule to such declaration. The Collector obtains the order from the Government. He now sends his officials to mark out the actual boundaries of the land that is to be acquired. The officials will also measure the areas of such land and make a plan of it unless all these operations have already been carried out at the time of the preliminary investigation u/s 4. ‘This is a very important part of the proceedings because it will let you know exactly how much of your land is going to be acquired. THE LAND ACQUISITIONNOTICE TO PERSONS n Srd April, 1989 an official from the Collector's office INTERESTED, SECTION 9 @ vu comes to your residence with two notices for Giridhar and you, Neither of you are present at home at the time. He refuses to hand over the notices to your wife who is at home stating that she cannotaccept service on behalf of Gi har and you: Only an adult male member of the family can accept service on your behalf if you are habitually absent from your home or place of business. He says that he will return afew days later. On 8th April, 1989 the official comes again and serves the notice on you. Giridhar refuses to accept the notice. This will not prevent the Government from going ahead with the acqui- sition. The Collector will direct that such notice should be affixed to the outer door of Giridhar’s residence and this will be considered to be good service. In law, Giridhar will be considered to have knowledge of the contents of the notice. The notice from the Collector states that the Government intends to take possession of your land and that claims for compensation for the land should be filed in his office. If you have any objections to the measurement made of your land then these should also be mentioned. The notice further states ‘that you are to present yourself before the Collector on 25th April 1989 and submit your claim and objections in writing You may also authorise another to appeal on your behalf. Notices to the same effect are also put up in the Panchayat Ghar and other prominent places in your village. Your tenant, Yashwant does not receive an individual notice but through you and the public notices put up in the village he is aware of its contents. Therefore, though he has not been served with an inc idual notice itis in his interest to submit his claim for compensation. F n if he fails to do so the Collector will include him in his award: the Collector can call upon Giridhar and you to give him a list of the other persons who possess an interest in your land such as any co-sharers, tenants; mortgagees etc. (S.10). He will then determine the compensa: tion payable to Yashwant on the basis of the data available with him. Ifyou fail to furnish this information or if you furnish false ISITION ACT AND YoU) THE ACT AND Youinformation then you may be penalised by a term of simple imprisonment which may extend to six months or a fine up to Rs.1,000/- or both (S. 10 read with Ss. 175 to. 177 of the Indian Penal Code 1860). ENQUIRY BY THE COLLECTOR, he Collector fixes Ist August, 1989s the day on which he SECTION II ae will conduct an enquiry into the claims filed by Giridhar and you for compensation. Since you do not have any objections to the measurements made of your land, the Collector procceds to enquire into the market value of your land on the date of publication of the no- tification u/s 4(1) viz. 11th January, 1988. CLAIM FOR COMPENSATION, f the 2,420 sq. yards of land owned by Giridhar and you SECTIONS 28 & 24 wen Ofte ,620 sq. yards are to be acquired leaving you with 800 sq. yards. Your home and one shed for storing farming equipment are situated on the portion which is to be acquired. The area which is not being acquired is not very fertile and is accessible only by way ofa dirt track. Itwill not be easy to find a purchaser for it. You will have to think of moving elsewhere and starting from scratch.The area that you had leased to Yashwant is also included in the 1,620 sq, yards that are being acquired. How- ever, after the notice u/s 9(1) Yashwant decided that he no longer wished to continue as a tenant and gave you notice of his intention to vacate the land as of 1st May, 1989. This act has resulted in depriving you of the rent that you would otherwise have received from him. Note: If Yashwant had been a tenant of the portion of land that is not being acquired then he would not have been a person interested and would not be entitled to any compensation even if his part of the land had been rendered inaccessible because of the acquisition of your land. However, if he decided to terminate his lease on this ground, you would be entitled to claim compensation for the loss of rent and the decline in the value of your unacquired land because ofits inaccessibility. Giridhar and you are entitled to claim compensation under the following heads: UAND ACQUISITION ACT AND VOUT THE ACT AND YOU© market value of 1,620 sq. yards as on 11.1.8 including the buildings, crops and trees in such land S. 23(1) firstly. © the decrease in the value of the 800 sq. yards not being acquired as a result of the splitting of your plot into two S. 23(1) secondly. @ loss of earnings because you will not be able to carry on farming in the portion not being acquired S. 23(1) thirdly. expenses incurred by you in shifting all the farming equip- ment and your other property to your new place of resi- dence S. 28(1) fourthly. loss of rent asaresult of the termination of the lease by Yash- want S. 28(1) fifthly. However, you will not be entitled to claim any compensation onthe ground thatyouare reluctantto partwith your land S.24 secondly; or that the land will be put to profitable nonagricul- tural use after itis acquired. Under the existing law you could not convert it to such use and therefore this pocential use is not to be.taken into consideration while determining its market value. S.24 fifthly. Nor will you be entitled to compensation for awell that has been dug/bored by you after the date of the no- tification u/s 4(1) without the permission of the Collector. $.24, seventhly. THE COLLECTOR'S AWARD, SECTIONS 11 & 11A he Collector makes his award on 11.1.1991. His award is T within the period prescribed by law viz. within 2 years from the date of publication of the declaration u/s6. The latest date on which he could have made his award is 1.1.91. S. 1A. Both of you are present at the time when the Collector pronounces his award. The Collector awards Giridhar and you Rs. 30,000/- as the market value of your property. Under the remaining heads of compensation he awards you a total of Rs. 6000/-. By way of interest you are awarded a sum of Rs. 10,800/- at the rate of 12% p.a. of the market value awarded for a period of three years ie. from the date of publication of the notifica- tion u/s 4(1), 11.1.8 to the date of his award, 11.1.91. 23 (1- A).ds Rs. 9,000/- i.e. 30% of the he awar' led. S 23(2)- the following sum By way of solatium market value award Thus, you receive Collector's award: .88 Rs. 30,000/- (i) market value of Your property ee : E 1 Ee 000/. (ii) compensation under the other he: s.28(1) terest at the rate of 12% P- of money under the Rs. 6,000/- a. on . 10,800/- Rs. 5,00,000/- for 3 years os 4 / (iv) solaium , Rs. 55,800/- has to be apportioned in accordance with your personal law. Under the Hindu law ona partition you would be shares of the property. The Collector will do entitled to equal the same with the total compensation awarded. Therefore, each of you will be entitled to a sum of Rs. 27,900/-. ; In this case, itis quite clear how the compensation should be apportioned between you. But ifit was not so evidentas to how the money should be apportioned then the Collector could refer the matter to the Court for its decision u/s. 30. Since Yashwant is no longer your tenant the question of This amount awarding him any compensation does not arise. Correction of Clerical Errors $.13-A. On inspecting a copy of the Collector’s award you find that the solatium payable to you has been wrongly calculated /stated as Rs. 900/- instead of Rs. 9,000/-. How can you get this cor- rected? You can make an application to the Collector pointing out that such a mistake has been made and ask him to have it rectified. Such an application must be made within 6 months from the date of the Collector's award. Taking Possession of Your Land S.16, Once the Collector has made his award he is at liberty to take THE LAND ACQUISITION je) AND YoUpossession of your land provided he has either paid or offered topaytoyou the compensation to which you are entitled under his award. If the Collector fails to make such payment or to deposit in Court the compensation awarded than he becomes liable to pay interest on such amount. S.34. On 15.1.91 the Collector offers to pay you the amount awarded which you accept. On the next day you receive payment by cheque at the Collector's office. On 17.1.91 the Collector takes possession of your land. Now your land is the absolute property of the Government. Any interests or claims that you or any other person may have had in or upon such property come to an end. Reference to the Court S.18 Although Giridhar and you do not dispute the Collector's apportionment of the compensation awarded, you are not satisfied with the quantum awarded as the market value of your Property, ‘What can you do? You could initiate reference proceedings in respect of the compensation awarded to both of you as co-owners. This would be considered to be a reference by both of you. However, if either of you applied only inrespect of your own share thenthis would not be treated as a reference by both of you. ‘You cannot approach the Court directly. You must make an application in writing to the Collector demanding areference. Your application must clearly mention that you are objecting to his award on the amount of compensation awarded to you u/s 23(1) first by way of the market value of the property on 11.1.88. You can demand a reference only if you have accepted payment of the compensation under protest. On the reverse of the receipt you should have written the following words: “Received under protest”, or “I do not agree with the award” ete. Secondly, your application for a reference should be made within six weeks from the day following the date on which the award was made. The Collector's award was made on 11.1.91Therefore, six weeks will be counted from 12.1.91. You should he latest by 22.2.91. | is an affluent farmer. He has nce. You learn from him that he in connection with the make your application at t Your neighbour Rajgopal availed of this right of refere has had to incur a lot of expenses reference proceedings. So you decide not to seek areference, The Award of the Court In the reference proceedings the Court finds that the market value of Rajgopal’s property on 11.1.88 was not correctly assessed by the Collector. It enhances the market value of Rajgopal’s property to Rs. 80,000/- instead of Rs. 50,000/.. Since the market value of his property has been enhanced this will also result in increasing the solatium payable to him as solatium is calculated at the rate of 30 per cent of the market value assessed. Therefore Rajgopal will now receive Rs. 24,000 instead of Rs. 15,000 by way of solatium, a total of Rs. 39,000, ‘Interest on Excess Compensation - 5.28 In addition to these sums the Court may also decide to grant Rajgopal interest on the excess sum of Rs. 39,000 at the rate of 9 per cent p.a. This interest will be payable for the period commencing with the Collector’s taking possession of your land up to the date when he pays such excess into the Court. For, instance, the Collector has taken possession of Rajgopal’s land on 1.2.91. On 1.8.91 he deposits in Court the excess amount of Rs. 39,000/-. This means that he will be entitled to interest on this sum at the rate of 9 per cent p.a. for six months. Costs Since the Court did not uphold the Collector’s award it may also direct the Collector to pay the costs incurred by Rajgopal in the reference proceedings. These will be calculated accord- ing to the prescribed tables and not the actual costs incurred by him. UISITION ACT A ACT AND YOUON ACT AND YOU Redetermination of the Amount of Compensation on the Basis of the Court’s Award -S. 28A. Your friend, Mody was also dissatisfied with the amount of compensation awarded to him by the Collector and the man- ner in which this compensation was apportioned between his tenant and himselE. He too failed to make a reference within the prescribed time. ‘When Mody and you hear of the enhanced compensation awarded to Rajgopal by the Court, you wonder if there is any way in which the question of the compensation awarded to you can be reopened even though the period for seeking a refer- ence has already expired. Both Mody and you can take advantage of the provisions of S.28-A and make an application to the Collector asking him to redetermine the amount of compensation on the basis of the ‘Court's award in Rajgopal’s case. Such an application must be made within 3 months from the date of the Court's award. Ifyou are still dissatisfied with the amount of compensation jetermined by the Collector then you can have the matter referred to the Court u/s 18. However, as regards the question of apportionment of the compensation between Mody and his tenant, Mody will have to be satisfied with the Collector's decision. The question of the proportion in which the compensation is to be divided be- tween them cannot be reopened under S. 28A. The right to seek a reference on this issue should have been exercised within the time prescribed by $.18. Proceeding under Section 28-A is not as expensive a propo- sition as a reference proceeding and you should certainly take advantage of its provisions. THE ACTABER cusrrer ren | What is Wrong With the Act Weta clearly at the very beginning that the Land Acquisition Act does not give you any rights to prevent the acquisition of your land. You can only delay acquisition by raising objections. The Government is empowered to acquire land for public purpose. Yet the term “public purpose” is nowhere defined in the Act. Only examples and illustrations of what is public purpose are given. They are by no means conclusive. You can object to the proposed acquisition on the ground that the purpose is not a public one, or that your land is not suited to such public purpose. But in order to do so you need information. For example, if you wish to argue that your land should/need not be acquired to construct a road or a dam, because it is not suitable for such construction you must have alot of detailed information about the proposed construction. Ifyou wish to argue that the purposeis nota public purpose you will need even more and wider information about the project and the economy as a whole. The time prescribed for raising objections is one month. Much of this information will not be available within that short a time, and you might not be able to raise any objections. Even if you do, the Collector's decisions on your objections is final. It is hard to imagine any situation in which the Collector goes against government planning and accepts your objections. Raising objections is therefore not a very successful exercise in stopping acquisition. But you can delay acquisition. Delay may make the project too expensive to be profitable. The Courts do not have the power to decide whether the purpose behind the acquisition was a public purpose. The Court can only hear you if the Collector did not consider your objections. All that the Court can do is to direct the Collector to hear you. It cannot decide on merits of the case. ACQUISITION ACT ANO YOU / WHAT 18 WRONG WIT fe ACT‘The Government is also armed with emer gency/urgency powers, with whic can cutshort the entire process of notices and objections. The term “urgency” is nowhere defined in the Act. “Emergency” is also not defined though at least examples of tare given, If your land is acquired in case of an e1nergency or urgency you cannot raise objections. Nor can the Courtsask whether there was an urgency or emergency. Under the Act you have only the right to ask for a higher amount of compensation, or to challenge the number of people who are sharing in it, ‘The Amendment Act of 1984 has not changed the picture substantially. The basic position remains the same. In some ways Government powers have been increased. In other ways the position on moncy compensation has been eased for the landholder. Thus, now land can be acquired for public corpo rations on the same terms as the Government as though acquisition for such State owned or controlled corporations Was a public purpose. Earlier they were treated like any other ‘company and had to satisfy the two preconditions laid down on 8.39. The Amendment Act throws a few consolations to the land- holders: The whole process from first notice u/s 4(1) to the final award u/s 11 has to be completed in three years. Before 1984 the time difference between the two notices under Ss. 4 and 6 alone could be three years. As compensation is com- puted in terms of value of land on the date of the notice u/s 4 it is hoped that a more rapid settlement will keep down the difference between the compensation awarded and the mar- ket prices on the date of the Award. The amount of solatium has been increased from 15 per cent to 30 per cent. In case of acquisition under emergency or urgency powers 80 per cent of the compensation estimated by the Collector must be paid on the spot, though the award itself will follow. If one person gets the award enhanced by Court, others can now take advantage of the Court order, and ask the Collector to reassess the amount paid to them. But all these are monetary gains. The basic power of the State to acquire land has not been curtailed in anyway. On the _THE LAND ACQUISIT! OU 7 WHAT 18 WRONG WiTH THE ACT EXEWTION AGT AND YOU contrary it has increased. At sare time its reliably Jearnt that treat State Governments, which ever the ruling party, are Vo°Y keen to increase their powers to acquire land more speedily. They want to reduce even the few rights people have © delay acquisition by raising objections or by going to Court: Some of them argue that publishing notices in their papers iS VY expensive, and the gazette notices should be enough. Well, gazettes are not seen by most people. That means that the Governments will take away the little information people have. Itis obvious that the Government needs more and more land for industrial development and that delays in acquisition push up their costs. The Land Acquisition Act is therefore likely to become more anti-people, more weighted in favour of the Government. The Actis also weighted in favour of the affluent. Land can be acquired for the public purpose of hotels; itcan be acquired for the public purpose of co-operative housing societies of lawyers, governmentservants and other professionals; the land they get for a song escalates in value in no time at all. The houses or flats constructed on it also shoot up in price. In a few years the artist's colony will have no artists. The original inhabitants die, and the sons and daughters take to other professions. Yet they will keep the houses. Others may leave the city or even the country, and they will sell or rent out the house or flats for enormous amounts. But the original landholder, who used to grow a crop there once a year, will not benefit from this increase. Yet this acquisition is for public purpose. The only recourse that people have is to use the political process -create public opinion, hold meetings, putpressure on MPs and MLAs, and on the Government. While campaigning against acquisition and displacement the people can have another string to their bow. They can be active in demanding to know their rehabilitation rights from the Government. They can be aggressive and uncompromising and compel the Gov- ernment to spell outits rehabilitation plans in detail. This may be also a way to make acquisition too expensive and non- beneficial. "WHAT 1S WRONG WITH THE ACT )‘The Land Acquisition Act is a means for acquiring land for money. The fight against it has to be a political fight. ORGANISE! SAVE YOUR LAND! INCREASE YOUR COMPENSATION \ THE LAND ACOUISITION ACT AND YOU / WHAT 18 WRONG WiTH THE AcT EREDTHE LAND ACQUISITION AC PRELIMINARY INVESTIGATION APPENDIX ONE i ~ STATE AMENDMENTS TO THE LAND ACQUISITION ACT 1894 already told you that every State Government has aoe neo te poor of he Land Acquson ACL 1804 (The Act’) in its application to that particular State. Most of these govern- ments have exercised this right, a8 a xesult of which the procedure for the acquisition of land in these states differs significantly from that laid down in the Central Act. Some governments like Maharashtra and Karnataka have used this right frequently. Teisinteresting to note than some of the provisionsintroduced by the Land “Acquisition (Amendment), 1984 (the Amendment Act) are based on,and in some cases are the same as, the amendments already made by State Govern- ments to the section in question. For instance, the proviso to Section 11 (1) introduced by the Amendment Act provides that the Collector cannot make his award without obtaining the prior approval of the appropriate Govei ‘ment or some other officer authorised by the government to do so. This is, identical to the proviso to Section 11(1) inserted by the State of Gujarat as early as 1965. The new S.15 empowers the appropriate Govt. at any time before the award is made to call for and examine the record of any proceedings before the Collector with a view to satisfying itself about the legality or propriety of any finding or order passed or as to the regularity of, such proceedings. This provision already existed on the statute books of Maharashtra and Karnataka. It is not possible to set out all the amendments to the Act made by the State Governments and therefore, only those which constitute a significant departure from the procedure prescribed by the Act will be dealt with here. ndhra Pradesh In Andhra Pradesh in addition to the Central/State Govts. the District Collector has also been given the power to set in motion proceedings for the acquisition of land. Consequently, if these proceedings are initiated by the District Collector then the notice u/s 4 must be published in the District ‘gazette instead of the Cenwral/State Gazette. The Collector must also give public notice of the gist of the notification at convenient places in the locality within 40 days from the date of publication of the notification u/s 4(1). ENDMENTS TO THE AcT | T AND YOU7 STAT y a 3 % : oe wt 2 4Pymuhum The following subse on should be Inserted on page 116, after the frst 1 nes (after the subsection on har), "The ersor lt regretted, Karnataka In motion land acquisition proceedings under the Ac Karnataka, the Deputy Commisloner has been empowered to set in ‘The Deputy Commiasioner may serve acopyofthe 8,4 notice on the owner of the land to be acquired (or ifthe owner himself is not occupying the land in question, then the person who is doing so, 4. his tenant), Unlike Bihar itisnot mandatory for the Deputy Con on nissioner to serve acopy of the notice the owner or occupier of the land in question—it has been left w his discretion, Secondly, unlike Bihar it has not been considered necessary to serve a copy of such notice on all persons who are known oF believed to be interested in the land in question—only the owner/occupier has been singled out for this purpose. ings for CONTENTS OF NOTIFICATION K arnataka ENTRY UPON/SURVEY ETC. OF LAND TO BE ACQUIRED ‘The Commissioner has also been empowered to set in motion proceed- quiring land under the Act. ‘This is the only State which prescribes what the notice u/s 4 should contain. Such a notice is required to state the purpose for which the land is needed or is likely to be needed and also to describe the land by its survey ‘number, its boundaries and its approximate area. ‘This amendment is a step in the right direction and would enable those affected by it to object effectively against the acquisition. In addition, the notice is also required to specify the date on or before which and the manner in which (e.g. whether in writing or verbally) the objections to the proposed acquisition may be made by u/s 5-A. Those who wish to object must be given a period of at least 30 days from the date of publication of the notice. S4(I-A). arnataka Ks byavanendmentoS.4mnde in 1961 the Karnataka Gon preci thatan officer should complete his investigation and submithis report to the Deputy Commissioner within three months from the date of publication of the notice u/s 4 or within such longer period (not exceeding 6 months) as ‘may have been allowed by the Deputy Commissioner. When submitting his report u/s 5A, the Deputy Commissioner is to forward the officer’s report TWe Lawo aGaulsiTION ACT AND You / STATE AMENOMENTS TO THE AcT EIT