Procedure for Acquisition of Land under LAA, 1894

Introduction
Land acquisition is sought for general interest of the community as opposed to the particular
interest of the individual. The interest of a section of the society may be considered as public
purpose when it is benefited by the acquisition. Land acquisition made by the State must
indicate towards the welfare of people. It was decided in the case of Manimegalei v. Special
Tehsildar, that acquisition which is not for a public purpose can not be done compulsorily.

Procedure
Acquisition may be made for a public purpose if the whole part of the compensation is to be
paid out of the public revenues or some fund controlled or managed by a local authority. This
section requires a declaration to be made to the effect that land is needed for public purpose.
Sub-section(2) prescribes the manner of making the declaration. The manner prescribed is-
(1) publication in the Official Gazette.
(2) publication in two daily newspapers circulating in the locality in which the land is situated,
and
(3) causing public notice of the substance of the declaration to be given at convenient places in
the said locality.
Acquisition with ulterior motive: Legal malice is gibberish unless juristic clarity keeps it
separate from the popular concept of personal vice. Pithily put, bad faith which invalidates the
exercise of power sometimes called colourable exercise or fraud on power and oftentimes
overlaps motives, passions and satisfaction is the attainment of ends beyond the sanctioned
purposes of power by simulation or pretension of gaining a legitimate goal
Computation of period of limitation-The stipulation regarding the urgency in terms of section
5A of the Act has no role to play when the period of limitation under section 6 is reckoned. The
purpose for providing the period of limitation seems to be avoidance of inconvenience to a
person whose land is sought to be acquired
Under Section 7, no solatium and interest can be allowed on the enhanced amount of
compensation. The denial by the Act of solatium and interest in respect of the property
acquired under the Act cannot be said to be an unjust enrichment of the State. The public
money is credited to the Consolidated Fund which is expended in accordance with the
Appropriation Bill passed by the Parliament or the State Legislature in accordance with the
provisions of the Constitution. The amount collected would be expended for the purposes of
appropriation and for implementation of the Directive Principles of the State policy and the law
made by the appropriate legislature or the executive policy in furtherance thereof. Therefore,
the non-payment of solatium and interest does not independently get into the coffers of the
Public exchequer nor does the State enrich itself. The public money is expended only for public
purpose. The concept of unjust enrichment by the State is alien to and in derogation of the
constitutional scheme and public policy. In the case of Union of india v. Dhanwanti Devi, 1996,
the award of solatium and interest on the compensation awarded stands set aside. The
compensation stands upheld, but, in the circumstances, without costs.

No public purpose-The land was acquired for construction of road for Missing Link. But the
hidden purpose for acquiring "surplus" land, i.e. the land apart from what is required for
constructing Missing Link was to develop it as commercial area which is not stated in the
acquisition notification so that the finances could be arranged for construction of road or for
some other purpose. This cannot be treated as public purpose.
Section 9(1) requires the Collector to cause public notice to be given inviting claimants to file
claims for compensation. In view of sub-sec. (2) the notice is required to mention the place
where and the time at which the claims may be filed. Sub-section (3) speaks of personal notice
to interested persons. The Collector shall cause public notice to be given at convenient places
on or near the land to be taken, stating that the Government intends to take possession of the
land and that claims to compensation for all interests in such land may be made. Such notices
shall state the particulars of the land so needed and shall require all persons interested in land
to appear personally or by agents before the Collector at a time and place mentioned therein.
Such a notice cannot be earlier than 15 days after the date of publication of the notice, asking
the claimants to state the nature of their respective interests in the land and the amount and
particulars of their claims to compensation for such interests, and their objections (if any) to the
measurements made under Section 8. The collector may in any case require any such statement
to be made in writing and signed by the party or his agent. The Collector is also required to
serve notice to the same effect on the occupier if any, of such land and on all such persons
known or believed to be interested therein, or to be entitled to act for persons so interested, or
have agents authorised to receive on their behalf, within the revenue district in which the land
is situate. This elaborate procedure has been provided to give notice to all persons interested in
the land to claim compensation of the land.
Under Section 10, the Collector has been given the power to require and enforce the making
of statements as to names and interests in the land or any part thereof.