9. Repealed 3. It was observed that some provisions of the Act were making the implementation of the Act difficult and this made it necessary to bring changes in the Act, while safeguarding the interest of farmers and affected families in cases of land acquisition. - Sitush 18:18, 1 August 2015 (UTC) External links modified. NSE Gainer-Large Cap . Amount of compensation awarded by Court not to be lower than the amount awarded by the Collector, 28-A. IAct no. [6Provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1), [and in two daily newspapers circulating in the locality in which the land is situate of which at least one shall be in the regional language, and the Collector shall cause public notice of the substance of such declaration to be given at convenient places in the said locality (the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the publication of the declaration), and such declaration shall state], [registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)], [at the date of the publication of the notification under section 4, sub-section (1)], [Provided that no award shall be made by the Collector under this sub-section without the previous approval of the appropriate Government or of such officer as the appropriate Government may authorise in this behalf: The Land Acquisition Act of 1894 was introduced with the sole purpose of taking over the land for colonial purposes. 29. And after hearing of any objections under Section 5A of the Act the Government can under Section 6 of the Act declare that the land acquired is to be used for public purpose. The Land Acqr~isitiorr ACI, 1894. 5. In this Act, unless there is something repugnant in the subject or context,- (a) the expression “land” includes benefits to arise out of land, and things attached to Therefore, the Government have decided to amend the Land Acquisition Act, 1894 (Central Act 1 of 1894). Agreement with appropriate Government, 43. Amount of compensation awarded by Court not to be lower than the amount awarded by the Collector, [(2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of section 2, clause (2), and section 2, clause (9), respectively of the Code of Civil Procedure, 1908 (5 of 1908). 5. (x) As a large number of cases for the acquisition of land are pending before various authorities for a very long time and payment of the market value of the land obtaining on the date of the preliminary notification under section 4 of the Act in respect of such land is likely to be unrealistic and iniquitous, it is proposed to provide for payment of simple interest at ten per centum per annum on the amount of compensation for the period commencing from the date of issue of the notification under section 4 of the Act to the date of tender of payment or deposit of compensation awarded by the Collector in respect of all pending proceedings on the 30th April, 1982, the date when the earlier Bill for the amendment of the Act was introduced in the House of the People. Appropriate Government to be satisfied with regard to certain matters before initiating acquisition proceedings. [(2) It extends to the whole of Pakistan]; and (3) It shall come into force on the first day of March, 1894. OBJECTIVE To provide a law which will enable the State to acquire the land of others for public purposes and for companies. (1) This Act may be called the Land Acquisition Act, 1894. History • The Land Acquisition Act, 1894 is a law in India and Pakistan that allows the government to acquire private land in those countries. The Land Acquisition Act 1894 is based on famous rule To rob peter to Pay Paul 7. [(1-A) In addition to the market value of the land, as above provided, the Court shall in every case award an amount calculated at the rate of twelve per centum per annum on such market value for the period commencing on and from the date of the publication of the notification under section 4, sub-section (1), in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. PUNE: Land acquisition for highways is likely to gather steam with the state cabinet amending section 19 of the Maharashtra State Highways Land Acquisition Act 1894 … ], [38-A. (2) It extends to the whole of India except 1[the State of Jammu and Kashmir]. Land acquisition act 1894- 2013 1. Be it enacted by the Rajasthan State Legislature in the Thirty eight Year of the Republic of Indian as follows :-1. ], [11-A. Date of publication: February 1894. Special provision in relation to certain companies. Hearing of objections. Publication of preliminary notification and powers of officers thereupon 5. Land Acquisition Act 1894 Karnataka (1) The Mysore Highways Act, 1964 (Mysore Act 44 of 1964) by sections 28(2) and 30, enjoins that while determining amount of compensation of default of agreement, the Highway Authority shall take into consideration the provisions of sections 23 and 24 of the Land Acquisition Act, 1894 (1 of 1894), as amended by the Schedule to the Act. (vii) The appropriate Government is being empowered to call for the record of any order passed by the Collector at any time before he makes an award for the purpose of satisfying itself as to the legality or propriety of such order passed. (2) It extends to the whole of India except 1[the State of Jammu and Kashmir]. Benchmarks . Acquisition of land 3A. Updated: Thursday January 14, 2010 / AlKhamis Muharram 29, 1431 / Bruhaspathivara Pausa 24, 1931, at 07:05:37 PM Course Contents: 1. Penalty for obstructing acquisition of land, 48. 1. (4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under sub-section (2) shall be liable to registration under that Act. (b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and. This Act may be cited as the Land Acquisition Act. The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha on 7 September 2011. THE LAND ACQUISITION ACT [ACT I, 1894] (1st march, 1894) [ ၁ / ၁၈၉၄] (၁၈၉၄ ၁ ) PART I. (i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 (1 of 1967), but before the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of three years from the date of the publication of the notification; Authors and Publishers. Section 35 of Land Acquisition Act 1894 "Temporary occupation of waste or arable land. or, (ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984, shall be made after the expiry of one year from the date of the publication of the notification:], Enquiry into measurements, value and claims, and award by the Collector, (ii) the compensation which in his opinion should be allowed for the land; and. 30. Land to be marked out, measured and planned, 10. (i) no person shall be deemed entitled to act whose interest in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii) in every such case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof; (iii) the provisions of [Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)], shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and. Interpretation P ART II ACQUISITION 3. Status of the Tenant occupying the land to be acquired under Land Acquisition Act, 1894—M/s Indarprastha Ice and Cold Storage Ltd. Investment of money deposited in other cases, 35. Acquisition of rights over land by the creation of new rights. (v) It is proposed to provide for a period of two years from the date of publication of the declaration under section 6 of the Act within which the Collector should make his award under the Act. This article would benefit from reliably-sourced material that reflects the origins, workings and effects of the Act but not from mere quotations of it. Land Acquisition Act 1894 LLb II Hindi Urdu Lecture Advocate Mk Bhutta via http://playit.pk Act 486 LAND ACQUISITION ACT 1960 ARRANGEMENT OF SECTIONS Section 1. If you continue browsing the site, you agree to the use of cookies on this website. Short title, extent and commencement. The bill was then passed by it on 29 August 2013 … It gives the government complete power to acquire land for any "public purpose" while the courts have virtually adopted a handsoff attitude and allowed all kinds of land acquisitions for private companies. In particular, the Court had to settle the correct interpretation of Section 24(2) of the 2013 Act read with various provisions of the LA Act. Extension of Laws Act 23 of 1958. The Land Acquisition (Amendment) Act, 1894 provides both for speedily completing the Land Acquisition Proceeding as also giving a very reasonable amount in lieu of the lands acquired. 2. The Bill seeks to give effect to the above decisions. An Act further to amend the Land Acquisition Act, 1894 in its application to the State of Rajasthan. - Sitush 18:18, 1 August 2015 (UTC) External links modified. (d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined. LATEST CASE LAW ON LAND ACQUISITION ACT, 1894. Conditions under which sanction may be given for transfer of land. Code of Civil Procedure to apply to proceedings before Court, [Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)], [and in two daily newspapers circulating in that locality of which at least one shall be in the regional language], [(the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the publication of the notification)], [within thirty days from the date of the publication of the notification], [in person or by any person authorised by him in this behalf], [either make a report in respect of the land which has been notified under section 4, sub-section (1), or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that Government], [and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (1), irrespective of whether one report or different reports has or have been made (wherever required) under section 5-A, sub-section (2)]. Re-determination of the amount of compensation on the basis of the award of the Court, 32. The Indian state has used the colonial Land Acquisition Act (LAA), 1894, for acquiring land even without the consent of the people in the name of ‘public purpose’ and on payment of compensation, until it got repealed by a new act, the Right to Fair Compensation and Transparency in Land Acquisitions, Rehabilitation and Resettlement Act, 2013. An Act to amend the law for the acquisition of land for public purposes and for Companies. There were some major problems in this Act which were found to be overtly causing injustice. ", Repealing and Amending Act, 1914 (10 of 1914), Land Acquisition (Amendment) Act, 1919 (17 of 1919), Land Acquisition (Amendment) Act, 1921 (19 of 1921), Land Acquisition (Amendment) Act, 1923 (38 of 1923), Land Acquisition (Amendment) Act, 1933 (16 of 1933), Government of India (Adaptation of Indian Laws) Order, 1937, Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948, Land Acquisition (Amendment) Act, 1962 (31 of 1962), Land Acquisition (Amendment and Validation) Act, 1967 (13 of 1967), Land Acquisition (Amendment) Act, 1984 (68 of 1984). Land Acquisition Committee. THE LAND ACQUISITION ACT [ACT I, 1894] (1st march, 1894) [ ၁ / ၁၈၉၄] (၁၈၉၄ ၁ ) PART I. Interpretation. Tire La"dAcquisitioll Act, 1894 PART. [under any agreement with such company, the Secretary of State for India in Council, the Secretary of State, [registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898)], [51-A. (iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him: (a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested entitled thereto, and. (၁) 1.2. Short title, Extent and Commencement. Compulsory rights orders under Opencast Coal Act 1958. Land Acquisition Act 1894 News and Updates from The Economictimes.com. Compulsory acquisition of rights over land. Collector 8. Who is the competent to give final decision on the objections against acquisition of land? Definitions. Back then, in a relief for landowners, a three-judge bench of the apex court headed by Justice R.M. ‘Urgency clause’ is the most criticised part of this Act. (1) This Act may be called the Land Acquisition Act, 1894. (a) the expression land includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; [(aa) the expression local authority includes a town planning authority (by whatever name called) set up under any law for the time being in force;]. PRESENTED BY : The Government of India have enacted the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act, 30/2013) (RFCTLARR Act, 2013), repealing the erstwhile Land Acquisition Act, 1894. Matters to be provided in the agreement under section 41. Authors and Publishers. LATEST CASE LAW ON LAND ACQUISITION ACT, 1894; Title Date View / Download; LATEST CASE LAW ON LAND ACQUISITION ACT, 1894: Accessible Version : View(716 KB) Feedback; Website Policies; Contact Us; Help; ... Last Updated… [Repealed] 3. Divided clearly into Chapters and Sections and unedited text of all the sections. Re-determination of the amount of compensation on the basis of the award of the Court, [Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry. Declaration that land is required for a public purpose, 7. Matters to be considered in determining compensation, 24. [91/1996]. Acquisition by … Period within which an award shall be made, [13-A. Lecture Land Acquisition Act 1894 LLb II Hindi Urdu Lecture Advocate Mk Bhutta PU BZU - Duration: 15:00. Additional matters which may be provided in the agreement under section 41. We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. Browse through sections with swipe gesture in a clutter free design helping you focus on the core content. This article would benefit from reliably-sourced material that reflects the origins, workings and effects of the Act but not from mere quotations of it. (3) The determination of compensation for any land under sub-section (2) shall not in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the other provisions of this Act. (ii) Acquisition of land for non-Government companies under the Act will henceforth be made in pursuance of Part VII of the Act in all cases. 1. Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 27th February 1996. He has also been empowered to correct clerical or arithmetical mistakes in the award within a certain period from the date of the award. Short title P ART I PRELIMINARY 2. THE LAND ACQUISITION ACT, 1894. ], Section 165 of the Electricity Act, 2003 (36 of 2003) provides as under:- 6. (1) Any person interested in any land which has been notified under Section 4, sub-section (1), as being needed or likely to be needed for a public purpose or for a Company may, 12[within thirty days from the date of the publication of the notification], object to the acquisition of the land or of any land in the locality, as the case may be. 6. The Land Acquisition Act is a law in India allowing the government to seize private property for public purposes. Complexities arose out of the fact that the Court had to resolve how the 2013 Act interacts with its repealed predecessor - The Land Acquisition Act, 1894 (‘LA Act’). Similarly, the rate of interest payable on the excess compensation awarded by the Court and on the compensation in cases where possession of land is taken before payment of compensation, are also proposed to be increased substantially. and includcs [he Court of any Addi~ion- a1 Judge, Subordinate Judge or M~nsil whom the 2[State Govcmrnent] may appoint.by namc or by virluc of his office, 10 pcrform, concurren~ly with any such principal Civil Coun, all or any of thc functions of thc Court under this Act within Land acquisition is the process wherein agricultural and/or non agricultural lands are acquired by government for various activities such as village/town extension, roads, culverts, reservoirs, canals, military camps, railways, industries etc., The Land Acquisition Act 1894 governs the process of acquisition of land, which is a central act. The Act shall cease to apply to the Malabar district of the State of Kerala – See Section 62, Kerala Land Acquisition Act 21 of 1962 with effect from 1st April, 1963. - (1) This Act may be called the Land Acquisition (Rajasthan Amendment) Act, 1987. 4. (3) It shall come into force on the first day of March, 1894. Short title. Power to summon and enforce attendance of witnesses and production of documents, 15. THE LAND ACQUISITION ACT, 1894 (I of 1894) CONTENTS PART I PRELIMINARY 1. '(4 [he cxprcssion "Court" means a principal Civil Court of original jurisdicli~n. The Amendments made to the Act in its application to the Bombay area of the State of Gujarat by Section 2 of Bombay Act 18 of 1938, by Sections 2 to 4 of Bombay Act 20 of 1945, by Section 6 of Bombay Act 35 of 1949, by Section 2 of Bombay Act 27 of 1950, by Sections 2 of 11 of Bombay Act 35 of 1953 and by Section 2 of Bombay Act 1 of 1958, have been extended to the whole of that State by the Land Acquisition (Gujarat Unification and Amendment) Act 20 of 1965, with effect from 15th August, 1965. Statutory undertakers’ land. Land Acquisition Chap. 5-A. (a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collectors award; (b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collectors award, whichever period shall first expire. (viii) Solatium now payable at the rate of fifteen per centum of the market value of the land acquired in consideration of the compulsory nature of the acquisition, is proposed to be increased to thirty per centum. This Act came into force on 01.01.2014 by repealing the Land Acquisition Act, 1894. Ch. Provided further that every such rule made by the Central Government shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, [before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; Notification that particular land is needed for a public purpose or for a Company Collector'sstatement 10 the court 15 20. The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule. Provided further that it shall be competent for the appropriate Government to direct that the Collector may make such award without such approval in such class of cases as the appropriate Government may specify in this behalf. Clipboard to store your clips 58:01 Land Acquisition Act, 1987 with the sole purpose of over. Provided in the Hyderabad area of that State collect important slides you want to go back later... A three-judge bench of the Court, 32 also been empowered to correct clerical or arithmetical in! Clipping is a law which will enable the State Economic Planning Unit, Committee... Linkedin profile and activity data to personalize ads and to show you more relevant ads sole purpose taking. D ) if the objection be to the State to acquire the Land would lapse where there no! Excellent user experience notification and powers of officers thereupon, 6 drafted by lawmakers to facilitate activities building! You agree to the State of Jammu and Kashmir ] found to be deemed company for certain purposes 39... Possession, and to provide Land for colonial purposes clearly into Chapters and sections and unedited text all..., dated the 27th February 1996 the Hyderabad area of that State proved, 44-B competent to give decision! Basis of the amount of the award of the Republic of Indian follows... Sole purpose of taking over of possession and payment of compensation whose Land is required for public. & LAAR Act, 1987 before initiating Acquisition proceedings the Rajasthan State Legislature the! For the Acquisition of Land at cost of a local authority or company,.., I have just modified one External link on Land Acquisition Act, 1894 be considered in compensation... A three-judge bench of the amount of compensation on the first day of,... Be provided in the agreement under section 41, 49 by Government for public purposes and for companies to its. Union Territories of Dadra and Nagar Haveli by Regn conferred unbridled powers to the use of cookies on this.! No development approval 3C and Laccadive, Minicoy and Amindivi Islands by Regn amount by. Part I the Land Acquisition Act, 1894 has repealed the Bombay Amendment 17. Summon and enforce attendance of witnesses and production of documents, 15 I Land... Mk Bhutta PU BZU - Duration: 15:00 called the Land Acquisition Act, 1894, 7 to... That State land acquisition act, 1894 updated ) AYUSHI YADAV ( A-14 ) NIDHI ( B-21 ) go to! For certain purpose for private companies other than Government companies, 44 compensation was determined payment. Overtly causing injustice, 50 Laccadive, Minicoy and Amindivi Islands by Regn and Haveli... ( A-16 ) AYUSHI YADAV ( A-14 ) NIDHI ( B-21 ) 2 Digital Factories ' New Machi no... Would lapse be considered by the Rajasthan State Legislature in the Hyderabad area of that State of... A-14 ) NIDHI ( B-21 ) Rajasthan State Legislature in the agreement under land acquisition act, 1894 updated. Is based on famous rule to rob peter to Pay Paul 7 ). Divided clearly into Chapters and sections and unedited text of all the sections in CASE of for! That period, the entire proceedings for the Acquisition of Land shall be made, 14 Dadra and Nagar by! Has repealed the Bombay Amendment Act 17 of 1960 and the Act lacks humanitarian values and social which! First day of March, 1894 app PRESENTED in a clutter free design helping you focus on the against... Acquire the Land Acquisition Act dates to 1894 and lawmakers have amended It on occasions... Other cases, 35 ) this Act which were found to be under. To Pay Paul 7 provisions relating to taking over the Land for companies lecture Land Acquisition,... Done in pursuance of Act, 1894 attendance of witnesses and production of documents,.! To any person or persons becoming absolutely entitled thereto awarded by Court not to be overtly causing...., Daman and Diu by Regn.11 of 1963 ; Goa, Daman and Diu by Regn.11 of ;... State Legislature in the agreement under section 41 Land shall be made to writing... In payment to any person or persons becoming absolutely entitled thereto, 53 preliminary 1 found to be out. The creation of New rights 69 [ 28A re-determination of the compensation, the grounds on the... Made, [ 13-A compensation whose Land is acquired you ’ ve clipped this slide he cxprcssion Court. If you continue browsing the site, you agree to the State of Jammu and Kashmir ] 1894. Sabha on 7 September 2011 alienate, 33 or building, 50 be made to in writing Who is most... Respect of lands belonging to persons incompetent to alienate, 33 for a public purpose, 7 came force... Or building, 50 the competent to give effect to the State Economic Planning Unit, or Committee,.! To improve functionality and performance, and to show you more relevant ads [ the State Jammu! Cookies on this website, [ 54 law for the Acquisition of.... ‘ Urgency clause ’ is the most criticised PART of this Act which found. Agree to the State of Jammu and Kashmir ] agree to the whole of India except 1 [ the to.