LexThe Land Acquisition Act 1894
Punjab · state statute
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Land Acquisition
Act, 1894 .
(Act No. I of 1894)
Contents .
Tire La"d Acquisitioll Act, 1894
PART.
PRELIMINARY
I. Short title, Extent and Commencement. ,.. 1
.:2. Repeal and saving 1
3. Definations .......................................................................................•.............................. 1
PART II
ACQUISITION
PRELIMINARY INVESTIGATION
4. Publication of preliminary notification and powers of officers ~ upon S
5. Payment fordaInage __ 5
OBJECTIONS
SA. Hearing ofobjections 6
DECLARATION
6. Declaration that land is required for a public purpose 6
7. After declaration, Collector 10 take order for acquisition 9
8. Land to be marked oul, measured and planned 9
9. Notice to person interesled ~ ~ 9
10. Power to require and enforce the making of statements as to namcs
and interests 10
ENQUIRY INTO MEASUREMENTS, VALUE AND CLAIMS AND AWARD
BY THE COLLECTOR
II. Enquiry and award by Collector , 10
II A.Period within whieh an award shall be made ll
12. Award ofColiCClor when to be fmaL., 11
13. Adjournment ofenquiry , 11
13A.Correction ofclerical errors, etc ,.., 11
14. Power to summon and enforce anendance of witnesses and production of documents 12
15. Maners to be considered and negiected, 12
ISA.Power to call for recorr.s, etc , 12
TAKING POSSESSION
16. Power to take possession 12
17. Special powers in cases of urgency , 13
IV The land Acquisition Act, 1894
PART III
39. Previous c(
agreement I
REFERENCE TO COURT AND PROCEDURE THEREON
18. Reference to coun , _ 15
40. Previous erl19. Collector's statement 10 the court 15
41. Agreement20. Serviceof Notice _ 15
42. Publication21. Restriction on Scope of proceedings 15
43. Sections 3S
to provide I
22. Proceeding 10 be in open court 16
23. Matters to be considered in detennining compensation 16
44. How agree]
24. Matters to be neglected in detennining eompensation 17
44A.Reslrictiorl
25. Amount of compensation by court nollo be lowcr than the amount
awarded by the Collector 18
44B.Land not I(
private con
26. Fonnsofawards , 18
27. tOSIs 18
28. Collector may be directed bo pay interest on excess compcnsation 18
45. Scrviccofr
28A.Rc-detennination"Of the amount of compensation on the basis of the
award of the court 19
46. Penalty for
47. MagistratePART IV
48. ComplctiOlAPPORTIONMENT OF COMPENSATION awarded wi
29. Particulars of apportionment to be specified 19
49. Acquisitior
30. Dispute as 10 apportionment 19
50. Acquisitior
PART V
51. Exemption
PAYMENT 51 A.Acceptano
31. Payment of compensation or deposit of same in court 19
52. Notice in c:
32. Investment of money deposited in respect oflands belonging to persons
incompetent to alienate 20
53. Code ofCi'
54. Appeals in33. Investment of money deposited in other cases 21
55. Powerto m34. Payment of interesI. 21
PART VI
TEMPORARY OCCUPATION OF LAND
35. Temporary occupation of waste or arable land, Procedure when
difference as to compensation exists 21
36. Power to entcr and take possession, and compensation on rest?ration 22
37. Difference as to condition of land 22
PART VII
ACQUISITION OF LAND FOR COMPANIES
38. Company may be authorised to enter and survey 22
38A.IndUSIriai concern to be deemed company for certain purposes 22
· 15
........ 15
.......... 15
: 15
I..........I.
.......... 16
........•. 17
........... 18
:: 18
•.......... 18
.•.......... 18
............ 19
............ 19
:: 19
~ 19
, 20
1' 21
..............21
............ 21
I
...............22
'. 22
The land AcquisitIon Act. 1894 v
39. Previous consent of appropriate government and execution of
::tgreclllCnt necessary 22
40. Previous enquiry 22
41. Agreement with appropriate go emment.. 23
42. Publication ofagreemcnt 23
43. Sections 39 to 42 not to apply whcre government bound by agreement
10 provide land for companies 24
44. How agreement with railway company may be provcd 24
44A.Restriction on transfer, ctc 24
44B.l..and nollo be acquired under this Part except for certain purpose for
private companies other than government companics 24
PART VIII
MISCELLANEOUS
45. Serviceofnotices 24
46. Penalty for obstructing acquisition of land 25
47. Magistrate to enforce surrender 25
48. Completion ofacquisition.llot compulsory, bUI compensation to be
awarded when not completcd 25
49. Acquisition of part ofhousc or building 25
50. Acquisition of land at cost of local authority or company 26
51. Exemption from stamp-duly and fees 26
.
51 A.Acceptance ofcertified copy as cvidence 26
52 Notice in case of suits for anything done in pursuance of Act... 26
53. Code of Civil Procudure to apply to proceedings before court 26'
54. Appeals in proceedings before court 2.6
55. PowertOlllakerules 27
.: 22
~ 22
•
THE LAND ACQUISITION
ACT, 1894
IAct no. I of 1894, Dated 2nd February, 18941
An Act to amend the law for the Acquisition of Land for public purposes and for
the companies.
Whereas il is expedient 10 amend the law for the Acquisition of Land needed for public
purposes and for companies and for dClcmimining the amount of compensation to be made
on account of such acquisitions.
II is hereby cnacted as follows:
PARTI
PRELlJflNARY
J. Short dtle, Extcnt and Commencement
(I) This Act may be called the Land Acquisition Act, 1894.
(2) It extends to the whole of India l[cxcept the State of Jammu and Kashmir].
(3) It shall come into force on the first day of March, 1894.
2. Repeal and saving
{Repealed in parr by Ine Repealing ond Amending Act, /9/4 (X of19/4) seelion 3 and
Schedule /I. and later ill pari by the Repealillg Act, /938 (I of /938).]
3. Definalions
In this Act. unless there is something rcpugnant in the subject or context,
(a) the expression "land" includes benefits to arise out ofland, and things attached to
the canh or pennanently fastcned to anything attached to the earth.
l[(aa) the expression "local authority" includes a 10wn planning au\hority (by whalever
name called) set up under any law for the time being force;]
(bY the expression "person interested" includes all persons claiming an interest in
compensation to be made on account of the acquisition of land under thiS Act;
and a person shall be deemed to be interested in land if he is interested in an
easement affecting the land;
(c) the expression "Collector" means theCollectorofa district, and includes a Deputy
Commissioner and any officer specialty appointed by the l[ a p pro p ria t e
govcrnment] 10 perform Ihc functions ofa Collector under this Act;
l[lcC) the expression "corporation owned or controllcd by the Statc" mcans any body
corporatc established by or undcr a Central. Provincial or Slatc Act. and includes
a government company as defined in section 617 of the Companies Act. 1956, a
sociely registered under the Societics Registration Act. 1860, or under any
com:sponding law for the lime being in force in a Slale. being a socielY established
Subs. by Act 68 or 1984. w.e.r. 24·9·1984,
, 1nL by Act b8 or 1984 w.e.! 24-9-1984
3_ Subs. by the: A.LO. 1950. ror~Pro"inc:i.1 Govemmmt~.
4. AddedbYlheALO.1950
. 1
L
2 The Land Acquisition ACI, 1894
or administered by go\'emment and a co-operative society within the meaning of
any law relating 10 co·opcrative society for the lime being in force in any Stale
being a co-opcrative society in which nol less than 51% of the paid up share
capital is held by the Central Government. or by any State Government or
Governments, or partly by the Cenlral Government and partly by onc or more
State Governments;
(d) the expression "court" means a principal civil court oforiginal jurisdiction unless
the ~[approprite government] bas appointed (as it is hereby empowered to do) a
special judicial officer within any specified local limits to perform the functions
of the court under this Act;
(
the expression "company" means (
(i) a company as defined in section 3 ofthc Companies Act. 1956, other than
a government company reffered to in clause (cc): (g)
(ii) a society registered under the Societies Registration Act. 1860. or under
any corresponding law for the time being in force in a State. other than a
iety referred to in clause (cc):
(iii) a co·operative society within the meaning of any law relating to
co--opcrative societies for the time being in force in any State. other than a
co--operative society referred to in clause (ec);]
~[(ec) the expression "appropriate government" means. in rclation to acquisition ofland
for the purpose of the Union. the Central Gove·rnment. and. in relation to
acquisition of land for any other purposes. the Stale Government]
'[(0 the expression "public purposc" includes-
(i) the pro,;,;on of ,iIl,ge-,ilo'. 0' the "Ion"on. pl'nned d"e1opmem 0'
improvement of existing village·sites:
(ii) the provision ofland for town or rural planning;
(iii) the provision ofland for planned development ofland from publie funds in
pursuance ofany scheme or policy ofgovernment and subsequent disposal
thereof in whole or in part by lease. assignment or outright sale with the
object of securing further development as planned:
(iv) the provision of land for a corporation owned or controlled by the State;
(v) the provision of land for reSidential purposes 10 the poor or landless or to
persons residing in areas affected by natural calamities. or to persons
desplaced or affected by reason of the implementation of any scheme
undertaken by government. any local authority or a corporation owned or
controlled by the Slate:
I. lnl. by Ace 68 of 1984 w,e.(. 24.9-19S4 l. Sub. by J
2. Subs. by ALD. 19S0. for words -Provincial OOVef1lmcnl~
J. Subs. by ACI 68 of 1984.....,e.f. 24-9-1984.
4. Addcd by ALD. 19S0.
The Land Al:quisition Ael. 1894 3
• (vi) the provision of land for carying out any educalional, housing. hcalth or
society within the meaning of slum clearance scheme sponsored by govcrnment or by any authority
itc being in force in any State established by government for carrying out any such scheme, or. with the
an 5 I% of the paid up share prior approval of the appropriate government. by a local authority. or a
)y any State Government or society registered under the Societies Registration Act. 1860, or under any
nt and partly by one or more corresponding law for the time being in force in a State. or a eo-operalive
society within the meaning of any law relating 10 co-opcrative societies for
lhe lime being in force in any Statc; oforiginaljurisdiclion unless
Is hereby empowered to do) a (vii) the provision of land for any othcr scheme of devclopment sponsored by
lmits to perform the functions governmcnt, or, with the prior approval of the appropriate government, by
a local authority;
(viii) the provision of any premises or building for locating a public office. but
docs not include acquisition of land for companies;]
npanics Act. 1956, other Ihan (gj the following persons shall be deemed persons "cntitled to Rct" as and to the ; (ec); extent hcreinaftcr provided (that is to say)r gistration Act, 1860, or under trustees for other persons beneficially intercsted shall be deemed the persons
I force in a State. other than a entitled to act with reference to any such case.. and that to the same extent as the
persons beneficially interested could have acted iffrce from disability;
iing of any law relating to a married woman, in cases to which the English law is applicable. shall be deemed force in any State, other than a the person so entitled to act. and. ",nether of full age or not. 10 the same extent as
oj;] if she were unmarried and offull age; and I
it relation to acquisition of land the guardians ofminors and the committees or managcrs oflunatics or idiots shall
~cmmcnL and, in relation to be deemed respcrtively the persons so entitled to act. to the same extent as the
ite Government:] minors. lunatics. or idiots tbemsel\'es. If free from disability. could have actl;(i,
Provided that
sion. planned dc',dopmen! or (i) no person shall be deemed ~enlllied to act" whose mterests in the
subject-matter shall be shown to the satisfaction of the Collector or Court
to be ad\'erse to the interest of the person interested for whom he ....ouldomg; otherwise be entitled to act:
~nt orland from public funds in (ii) in every such case the person interested may appear by a next friend. or. innmen! and subsequent disposal default of his appearance by a next friend, the Collector or Court. as the nment or outright sale with the case may be, shall appoint a guardian for the case to act on his behalfin theplanned; conduct thereof; I
lCd or controlled by the State;
I (iii) the prOVisions of '[Order XXXI of the First Schedule to the Code of Civil
scs 10 the poor or landless or to Procudure. 1908J shall. mutatis mutandis, apply in the case of persons
tural calamities, or 10 persons interested appearing before a Collector or Court by next friend. or by a
'mplcmcnt3lion of any scheme guardian for the case. in proceedings under this Act and
orilY or a corporation owned or
•
Sub. by ACI 68 of 19&4. w.e.r. 24·9-19S4.
4 Th~ Land Acquisition ACI, 1894
(iv) no person "entitled 10 aCI" shall be competent to receive the
compensation-money payable to the person for whom he is entitled to act,
unless he would have been competent to alienate the land and receive and
give a good discharge for the purchase money on a voluntary sale.
COMMENTS
The dcfination of land includes fishery rights and things attached to the earth.- AIR 1990
P&H 326 : 1990 (I) Land LR 526: 1989 (1) LLR 634. Even under the Transfer ofPropcrty
Act. the expression 'land' includes building, standing trees and crops.- AIR 1940 Sind 58
Consequence of non-compliance of certain provisions of the Act, may not nullify the
acquisition. Where the provisions of Sections 3(a), 9(2), II, 13. 15-A and 23 were alleged to
have been breached. it was found that the only substantive provisions which were alleged to
ha....c been violated was section IIA, the entire acquisition proceeding will lapse, but the
relevant facts attracting that provision not placed on record if the award is not made: within
time i.c. within 2 yean as required under Section II-A. the acquisition proceedings would •
lapse. Period of two rs is to be calculated from the date of publication of declaration.
Since in the prescnt petition, no substantive provision was violative. the Acquisition could
not be quashed.-Ram Jiyawan v. Slate ofU.P AIR 1994 All 38.
Acquisition of fire-Wood is to be: separately assessed. While computing compensation for
the land acquired, compensation for the acquired land is payable a~ to the value of the land.
While computing compensation for fire-wood;t is to be separately assessed. While awarding
compensation for fruit-bearing tree~. it is to be assessed along with the land.- State of
Haryana v.Gurcharan Singh, AIR 1996 SC 106: 1995 (I) W (SC) 510: 1995 (1) JT 345.
Payment of Solution for acquisition ofland cannot fonn part of market value-Paymcnt of
additional amount of 15% though forms part oflhe amount of compensation because under
Section 23. the compensation is to consist what is provided for in sub-section (I) and the
additional amount of 15% on the market value ofthe land acquired, but the compensation and
markcl, valuc are distinct expressions and have been used as such in the acquisition oftbe Act
and therefore, it cannot be contended that thc solatium falls the expression "Iand" within the
meaning ofScction 3(a) of Act. In a well known decision of Privy Council in Raja Vyrigherla
Narayana Gajapalirajll v Rpwmue Divisional Officer. Vi=aKoparam. AIR 1939 PC 98, it was
laid down tkat the market value is the pricc which a willing vendor might reason.'1blc expect to
obtain from a willing purehaser. DisinClination of the vendor to part with the land and urgent
necessity of the purchaser to buy must alike be disregarded and both must be: treatcd as
persons dealing in the matter ofarms length and without compulsion. The key 10 the meaning
of word "compensation" is to be found in Section 23(1) and that conliists (a) "market value of
the land" (b) sum of 1$% on such market ....alue which is stated to be the compensation for
compulsory nature of acquisition. Market value is therefore, only one of the components in
the detcrmination of amount of compensation. View of the HIgh Court that rrorkct value
under Section 4(3) ofAmending Act means the same thing as compensation and includes the
amount 15% under Section 23(2) not acccptcd- Union of India v. Ram Mehar. AIR 1973 SC
305, /973(1) SCR 710: 1973 (I) SCC 109.
Under the la'll
co-operative sod
question is being
Sueh person or tb
compensation is
defend or defenc
VItiated by fraud.
wnl petlt;on a~
disciplinary enqu
sec 821. Ow!r
(Land Acqltisitio
4. Publlcatjoll
(I) Whcne
nceded or ;s like
that effect shall I
in that locality 0
cause publk no1
the said locality
being hcreinan~
(2) ThcfCl
by such govem.
Provided tI
attached to a
previously giv
Subs. by Al
2 Uu;. by Act I
•
competent to receive the
for whom he is lntilled to act,
:nate the land and receive and
;Y on a voluntary sale.
ached to the earth.- AIR 1990
,ndcr the Transfer of Property
I crops.-AIR 1940 Sind 58
lIlc Act, may not nullify the
I, IS-Aand 23 were alleged to
visions which were alleged to
roceeding will lapse, but the
'the award is not made within
cquisition proceedings would
of publication of declaration.
)]alivc. the Acquisition could
: computing compensation for
lie as 10 the value oflhc land.
tely assessed. While awarding
long with the land.- State of
(SC) 5/0, /995 (2) JT 345.
It of market valuc-Paymerit of
icompensation because under
for in sub-section (I) and the
(lCd, but the compensation and
ch in the acquisition ofthc Act
e expression "land" within the
Ivy Council in Raja Vyrigherla
Jatam, AIR 1939 PC 98, il was
dor might reasonable cxpccllO
o part with the land and urgent
I and both must be treated as
ulsion. The key to the meaning
It cOll!iists (a) "market value of
cd 10 be the compensation for
cmly one of the components in
High Court that market value
Compensation and includes the
la v. Ram Mehar. AIR 1973 SC
,
,11Ie Land Acquisillon ACI. 1894
Under the law the beneficiary like local authority or company, or a local authority or
co--operati\e society registered under the relevant State law. for whose benefit the land in
question is being acquired. is a person interested to determme just and proper compensation.
Such person or the beneficiary has the right to be heard by the Collector or the Court. Ifthc
compensation is enhanced. ;1 is entitled to canvass a correctness by finding and appeal 0
defend or defend the award of the Collector. When the a....'3rd made under Section II :
vitiated by fr,lUd. collusion or corruption. the beneficiary will be entitled to challenge it in th
writ petition apnrt from the seuled law that the conduct of the Collector is amendable t.
disciplinary enquiry and appropriate action.- AIR 1990 Mad. 160 (FBI. Reversed and 197(1;
sec 821. Overruled: Mls_ NeYl'e/y Lignite Corporalioll Ltd. v. Special Tahsildor
(Land Acquisition) NeYl'd>~ AIR 1995 SC 1004: 1994 (4) Scale 1/19: /995(1) sec 21/.
PART II
ACQUISITION
PRELIMINARY If\VESTICATION
4. Publieatioll of pre Ii minar)' notification and po"ers orofficen thereupon
(I) Whef)C\cr it appears to the l[approprialc go\'emment] that land in any locality is
nceded or is likely to be needed for any public purpose ?[or for II company]. a notification to
that effect ~hllll be published in the Official Gazette l(and in two daily newspapers circulating
in tlmtlocality of which alleast one shall be in the regional lnnguagc] and the Collector shall
cause public notice oflhe substance ohuch notification to be givcn at convenient places in
the said locality J(lIle last ofthe dates ofsuch publication and the giving ofsuch public notice,
being hereinafter referrcd to as the date oflhe publication of the notification)].
(2) Thereupon it shall be lnwful for any officer, ~ther generally or specially authorised
by such government in this behalf. and for his servants and workmen.·
to enter upon ilnd survey and take levels of any land in such locality;
to dig or bore mlO the sub-soil:
to do all other acts f1CCcssary to ascertain .... hcthcr the land is adapted for
such purpose
to bet out the boundaries oft1le land proposcd to be taken and the intended
line of the work (if any) proposed to be made thereon~
to mark such levels. boundaries and line by placing marks and cutting
trenches; and.
where otherwise the l'urvey cannot be completed and the levels taken and
the boundaries and line marked. to cut down and clear away any part ofany
standing crop. fence or jungle:
Provided thai no pcn;on shall enter into any building or upon any enclosed court or garden
attached to a dwelling-house (unless with the consent of the occupier thereof) without
previously giving such occupier at least scltien days notice in .....Titting ofhis intention 10 do so.
I Subs. by ALO. 19~. for woNs -Pro'lmo;i;al GO'l~rnm~"C
2 Ins. by Act NI of 1984 .... d. 24-9·' '1M
r
• The Land AcquisitionAet. 1894
S. Payment for damage
The officer so authorised shall at the time of such entry payor tender payment for all
necessary damage to be done as aforesaid. and. in case ofdispute as to the sufficiency ofthc Provid~
amount so paid or tendered. he shall at once refer the dispute to the decision of Collector or awarded for
other Chief Revenue Officer of the district, and such decision shall be final. revenues or
SA. Hearing of obj«tions II Expll
(J) Any person interested in any land which has been notified undersection 4, su~SC'Ction period durirl
(1), as being nceded or likely to be nceded for a public purpose: or for a company may. issued UndCI
'(within thirty days from the dale of the publication of the notification]. object to the Explal
acquisition of the land or ofaoy land in the locality, as the case may be. out oftbe fw
(2) Every objection under sub-section (I) shall be made to the Collector in writing. and deemed to b
the Collector shall give the objector an opportunity of being heard I[in person or by any (2) '[I
person authorised by him in this behall1. or by pleader and shall. ufter hearing all such newpapers (
objections and after making such further inquiry, If any, as he thinks necessary, ~[either make in the regio.
a report in respect of the land which has been notified under section 4. sub-section (I). or dcclamtion make different reports in respect ofdifferent parcelsofsuch land. to the appropriate government. publicationcontaining his recommendation on the objections. together with the record ofthe proceedings the publica! held by him. for the decision ofthat government). The dccis~1I of the J[appropriate govcmmcn), territorial d on the objections shall be final. approximab
(3) For the purposes of this section •• person shall be deemed to be interested in land plan may be
who would be entitled to claim an interest in compensation if the land wen: acquired under (J)Tb
this Act]. purpose: or
DECLARATION t[ appropri.
6. Declaration that land is required for a public: purpost
(I) Subject to the provisions of Part VII ofthisAel.., when the '[appropriate go\'cmment] Sectionis satisfied. after considering the report. if any, made under section SA, !lub-section (2). that wholly or pany particular land is needed for a public purpose. or for a company. a dcelamtion shall be authority. Tmade to that effect under the signature of a Secretary to such government or ofsome officer for makingduly authorised 10 certify its orders·( and different dcclaration.c; may be made from lime to
The purlime in respect of different parcels of any land covered by the same notification under seclion
public pul'Jl4, sub-section (I), irrespective of whether one report or different reports has or have been
under Sectmade (wherever required) under section SA, sub-section (2)]:
proceeding'[ Provided that no declaration in respect of any particular hind covered by a is malic lu notification under section 4. sub-section (I ): nothingmo
(i) published after the commencemcnr ofthc Land Acquisition (Amendment owner, but and Validation) Ordinance. 1967 (I of 1967). but before the possession.conuncncemcnt'ofthc land Acquisition (Arncndmcnt)Ael.., 1984. shall be the notifica made after the expiry of three years from the dale of the publication of Coun till h
the notification; or J966ALL.
l. Sub by ACI 61 of 1984. w.c-( 24-9-1984 I 24·9.19 2. SubJ.byAce 13 of 1961. w.e.f. 12-4·1961
3. SubJ. by the ALO 1950 for -..-OnI:S ~Pro\inc ..1Cio\~~ 2 Ins. by I
4. 1",- byAce l) of 1961.....d. 12-4·1961. 3. s..b&. b)
S. Ins. by ACI 61 of t934. w.e.f.24.9·19S4.
4 ~b)6. 29·1.1961.
1. 24-9-1914.
Iy or tender paymenl for all
e as 10 the sufficiency of lhe
the decision of Col1«tor or
iall be final.
i under section 4. sub-section
ose or for a company may.
notification). object to the
rnay be.
the Coll«tor in writing. and
'IC1lrd '[in person or by any
;hall. after hearing all such
nks necessary, :[eithcr make
ection 4. sub-section (1 J. or
•the appropriate govcmmcnt.
he record ofthe proceedings
he J[appropriate govcmmcn).
med to be interested in land
lC land were acquired under
Ie J[appropriate government)
ion SA. sub-section (2). that
1p8J1y. a dcclal'Oltion shall be
~emmcnt or of some officer
5 may be made: from time to
TIC notification under section
:nt reports has or have been
Irtieular land covered by a
mdAcquisition (Amendment
[If 1967). but before the
ICndment)AeL 1984. shall be
)C dale of the publication of
The Land Acquisition ACL 1894
(ii) published after the commencement' ofthe Land Acquisition (Amendment)
Act. 1984, shall be made: after the: e:xpiry of one year (rom the dale of the
publication of the notifications:
Provided funher that no such declaration shall be made: unless the compensation to be
awarded for sueh property is to be paid by a company. or wholly or partly out of public
revenues or some fund controlled or managed by a local authority,]
II ExplanaCion I: In computing any of the periods referred to in the firsl prosivo, the
period during which any action or proceeding to be taken in pursuance: of the notification
issued under section 4. sub-section (I). is stayed by an order ofa court shall be excluded.
Explanation 2: Where the compensation to be awarded for such property is to be paid
out of the fundsofa corporation owned orcontrolleJ by the State. such compensation shall be
decmed 10 be compensation paid out of public revenues.]
(2) l[Every decla.-oItion] shall be published in the Official Gazette.' [and in two daily
ncwpapers circulating in the locality in which the land is situate of which at least one shall ~
in the n:gionnllangU:l.ge. lind 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
publicalion and the giving of such public notice. being hereinafter ~ferred to as the date of
the publication of the declaration). and such declaration shall state] the district or other
territorial division in which the land is situate, the purpose for which it is needed. its
approximate area. and. where a plan shall have been made ofthc land. the place where such
plan muy be inspected.
(3) The said declaration shall be conclusive evidence that the land is needed for a public
purpose or for a company. as the case may be; and. after making such dcx:laration. the
.( appropriate govemment] may acquire thc land in a manner hereinafter appearing.
COMMENTS
Section 6 obliges thott the funds for the acquisition to be paid eithet by the company
wholly or panly (rom public revenues. or (rom some funds controlled or managed by local
authority. The section however d~ not make deposil ofcompensation a condition p~edent
for malting ofa dcclaralion.-l.I. K. PoJmadw v. State ofKerolo. AIR /991 Ker /58.
The purpose of notification under SectiOl16 is to declare the requirements oflhc land for
public purpose. foc the Government or for a company. however. by issuance of notification
under Section 6. right of a person in the lund arc not extinguished unless some other
proceedings under the ACI arc taken. The effcctofthis notification would be that a declaration
is made 10 the effect thai land is needed either for a public purpose or for a company and
nothing more. Though such notifications arc nceded and to a limited extent affect rights oflhe
owner. but it offers no impediment with the righls of the property for keeping that land in his
possession. A decision cannot be claimed if he docs not lake steps soon after publication of
tbe notification. The persons whose land is being acquired. cun wait before approaching the
COUr1 till his tille is extinguished and vcsted in tbe State.- Doll DoI'O/ v. Statf! ofU.P AIR
/966 ALL 137: 1965 ALL U 1111
I 24-9-1984.
2 Ins. by Act 61 of 1n4. W.Lf. 24-.,..19&4.
J Subs.. by Act tJ 0( 1967. ror ..."ORIs "The \kcl:ataliun~. w.('.r. 12-4·t967.
4 Subs. by ALO t950. ror words ~Pmvinci:ll Gu--.:m,nmC
7
8 The Land AcquisiUoIl Act. 1894
Compulsory acqUIsition and its validity. Once the declaration of existence of the public
purpose is made under Section 6. the declaration becomes conclusive by force of statue. The
only way in \\<hich il can be gel rid of. would be by proving that what in law was regarded as
fraud on the power. was played HO'ol.-e\'cr, once acquisition is found to be perfectly valid il
would be too wide a proposition to state that the possibility of some land being surplus or
unnecessary for the origimll purpose for which ;1 was acquired could operate rctrospeetivcly
10 invalidate the acquisition either fully or in part .• Kif. $rivivasan v Stale of Myso/T!. AIR
1970 Mys. /85. See a/so Sled Hussain ~, P. WD., /99](1) AL T. 150.
Declaration to be issued only after satisfaction ofthc Govcmmcnt- When the Govemmcnt is
satisfied aft"r considering the report ifany made under Section 5·A that a particular land was
needed for public purpose. only then. the notification under Scction 6 can bc issued. However.
there is no principle of law under which a valid compulsory a~uisilion could be declared
void on the ground that the authoritydi\erted to a public purpose other than the one stated in
declar.uion under Scction 6(3).· ~l1gnlP Thakor,~ Slole 0/PI/njab. AIR 1968 Dcl. 97 and
Gulalll Mu.~lafa \~ Stale of';/aharoshlra 1976(/) sec lJOO: 1976(/) SeR 875: AIR 1977 se
448· /975 UJ (SCi 934.
One of t~ co--ov. ners can challenge the a ulsition of the land and the other Co-O'NflCfS
may be satisfied With the acquisition and ask for compensation and also for enhancement of
the same. Where only co-ownership ofcoparcenery was claimed. however. lhere could be no
eoparcenery in the presence of the father between the brothers only by excluding the falher.
One co--owner may challenge the acquisition whereas the others may be satisfied with such
acquisition it 'was clear from the provision ofScction 18 that the person interested in order to
enable him to seek the remedy of reference can do so only if he does nOI accept thc a\.\o'ard'or
accepting Ihc claim under protcst since once the compensatIon is accepted such person may
lose his right of reference under Section 18.-A~hwani Kumar Dlrillgra v. Slate a/Punjab, AIR
1991 SC 974' 1991(1)JT 353: 1992(2) sec 591: /992(1) UJ ((SO 780,' 1991(lJ SCR 39:
1991(1) Scale 555. 199Z0) Cur. ce587.
Acquisition of the land for a comp:lny.The notification v..as ch~l1enged on the ground that
consent of Ihe State Government was not obtained and no agleemcnt was cltecuted as
required under Section 41. However. there ""'as no material to show lhal there was any
violation of Rule 3 or 4. Whe~ the notification under Section 4 and 6 was issued for
acquisition for a company and the 1>3mc was challenged on the ground that ncilhcr consent of
the State Government was obtained nor the company llccffied to hove executed agreement. it
was nevcr stllh,,"d that provisions of Rule) hal'e been contravened In such circumstances it
cannot be said that thc~ was no compliance of Rul~ 3 and 4· MI.~ Larsen and Toubro Ltd
etc. v. Slale ofGujarat. AIR /998 SC /608.
Acquisition ofland and publication ofnotilic3tl0n-Nolilicall0n puhlished in the District
Gazelle instead of Official Gazcueasainsl which the objl"Ction raised for the first time before
the High Court by raiyats as well as by the Company having no locus standi· The respondent
company for which acquisition made already derosiled huge amount towards compen.-.atlon.
The acquisition proceedings cannot be quashed on the basis of highly technical objections.
The main objection thai the notification under Section 6 has nOI been published in the Official
Gazelle and W8S published only in the District Gazette· That the objection being highly
technically not allowed to be raised specifically when the same was sought for the first tlll1C in
the High Coun.- MIs IHzste Producrs Rf'Claimar Pl·t. LId. \' M/~. Sharar Coking Cool LJd.
/993 SlIppl. (2) SCC 358- 1993(/) UJ (SC) 506: 19f13(J) Scale 738' /993 (I) cce 554.
Tho La.
IIlIerprcl8tion of provision of Section I
for acquiSitIon should be paid either by th
from some fund controlled or manage
compensation and not to time ofdeposil
appellant. the words should have been •
deposit of compensation is not a conditi!
6.- Lt. K. Ladmadas \'. Slate afKerala. A
Polieyofthc State not to acquire ofre
just because the propeny belongs to re
Shreekshelra v. Collector: Purl, AIR J9S
Acquisilion chal1angcd on the groun(
the land had escalated· It was however
delay and therefore. pendency ofjudicia
due to escalation in prices notification h
proceedings cannot be made a ground to
the notification issued under Section 4~
K(·rala. /997 (3) Supreme 337,
7. After dec:larallon. Collec:tor to ta
Whcnever any land shall have been l
company. the l[approprialc governmen
government] in this behalf. shall direct
land.
8. Land 10 be marked out, measure
The Collector shull thereupon cause
section 4). to be markcd out. He shall I
made thereof. a plan tu be made of the
9. Notice to persons Inler"ted
(I) The Collector shallthcn cauS(
ncar the land to be IlIkcn, stating that II
and thai claims to compensation for all
(2) Such noticc shall state the pa
persons interested in the land to appeal
and place therein mentioned (such tim
publil,;atioll of the notice). and to state
the amount and particulars of their c
objections (ifany) to the mcasurcn~nll
require such statement to be nklde in ...
(3) The Collector shall also seN
such land and on all such persons Imo
to act for persons so interested. as re
lheir behalf. within the revcnue di:mie
1_ Sub. by ALO 11J~ f<)l' wurds ·Pruvil'l;l.Il
i
•
lition Act. 1894
e the declaration of existence of the public
becomes conclusive by force of statue. The
Iy proving that what in law was regarded as
acquisition is found to be perfectly valid it
: possibility of some land being surplus or
was acquired could operate retrospectively
l. • K.1I. Srivivasan v. State oJMysorf!. AIR
/993(J)ALT. /50.
lfthc Government-When the Government is
mdcr Section 5-A Ihal a particular land was
on under Section 6 can be issued. However.
compulsory acquisition could be declared
public purpose other than theonc stated in
"SIOle of PUI/jab. AIR /968 Del. 97 alld
sec 800: 1976(/) SCR 875: AIR /977 SC
isition of the land and the other co-.owners
compensation and also for enhancement of
ry was claimed. however. there could be no
llhc brothers only by excluding the father.
~reas the others may be satisfied with such
ion 18 that the person interested in ordcr to
I so only ifhe docs not acecpt the award or
:ompcnsation is accepted such perSOll may
'Oni Kumar Dhingra v. SJateofPunjab, AIR
': /992(/) UJ ((SO 780.' /992(2) SCR 39:
iiliealion was challenged on the ground that
tined and no agreement was executed as
no malerinl to show thi!t there was any
m under Section 4 and 6 was issued for
cngcd on the ground that neither consent of
any !>cerncd to have executed agreement, it
>cen contravened. In such circumstances it
.ules 3 and 4M Mis. Larsen and Toubro Lid.
ation-Notifiei,ltion published in the District
the objection raised for the first time before
lny having no locus standi- The respondent
ositcd huge amount towards compensation.
tin the basis of highly teehnic:!1 objections.
:(lOn 6 has not bcenpublished in thc Official
Gazette- That the objection being highly
'hen the same was sought for the first time in
. Pvt. Lid. I'. MA Sharat Coking Coo/ Lid.
19Y3(i) Scale 738: /993 (/) CCC 554.
-~--.,...--
,The Land Acqui~ition Act, 1894
Interpretation of provision of Section 6- The provisions of Section 6 obliges that the funds
for acquisition should be paid cither by the company wholly or partly from public revenue or
from some fund controlled or managed by a local authority and refers to source of
compensation and not to time ofdeposit - In case, there is any validity in the contention Qfthe
appellant, the words should have been 'has been paid' and not 'is to be paid'. Making of
deposit of compensation is not a condition precedent for mllking declar--,ttioll under Section
6.- Lt. K. Ladll/ados v. Statt: ofKern/a. A/R /992 Kt:r. J58.
Policy of the State not to acquire ofreligious saneity that such acquisition will not be void
just because the property belongs to religious institution.- Jagananalh Mahuprabhu Bije •
ShreeksheJra II. Col/ector; PI/ri. AIR /995 Ori. 56,
Acquisition challanged on the ground thnt due to delay in disposal of the malter prices of
the land had escalnted - It was however found thai the petitioner himself was liable for the
delay and therefore. pendency ofjudicial proceeding could not be made a ground to say that
due to escalation in prices notification had become bad in law. Tile pendency oflhejudicial
proceedings callnot be made a ground to say that in the process due to the escalation in prkes
the notification isslled under Section 4( I) had become bad in law-Kalft/enkuuy,v. State of
Kera/a. 1997 (3) Supreme 337.
7. After declaration, Collector to take order for llcquisitlon
Whenever any land shall have been so declared to be needed for a public purpose or for a
company, the '[appropriate government] or some otTicial authorised by the I[appropriate
government] in this behalf, shall direct the Collector to take order for the acquisition of the
land.
8. Land to be marked out. measured lind planned
The Collector shall thereupon' cause The" land (unless it has been already marked out under
section 4). to be marked out. He shall also cause it to be measured, and ifno plan has been
made thereof. a plantu be made of the same.
9. Notice to persons Interested
(I) The Collector shall then cause public notice to be given at convenient places on or
ncar the land to be taken, stating that the govemment intends to take possession oftbe land.
and that claims to compensation for all interests in such land may be made to him.
. (2) Such notice shall state the particulars of the land so needed, and shall require all
persons interested in the land to appear personnaly or by agent before the Collector at a time
and place therein mentioned (such time not being earlier than fineen days after the date of
publication of the nOlice), and to state the nature of their respective interests in the land and
the amount and particulars of their claims to compenS<ltioll for such interests. and their
objections (ifany) to the measurements made under section 8. The Collector may in any ca'le
require such statcmentto be nmde in writing and signed by the party or his agent.
(3) The Collector shall also serve notice to the same effect on the occupier (Ifuny of
such land and on all such persons known or believed to be interested thcirin. or to be entitled
to aet for persons so interested, as reside. or have agents authorised to receive scrvic..: un
their behalf, within the revenue district in which the land is situate).
I. Sub. by A.LO 1950 for words 'Pruvirod:ll Go\·emnu:nt .
10 The Land Acquisilton Act. 1894
(4) In case any person so interested resides elsewhere. and has no such agent. the notice
shall be sent to him by post in a letter addressed 10 him at his last known residence address or
place of business and 1[ registered undersections 28 and 29 ofthc Indian Post Office Act. 1898).
10. Power to r~ulre and endorc:e tbe making oht.leaneals .s 10 Dames and interests
(I) The Collector may also require any such person to make or deliver to him, at • time
and place mentioned (such time not being earlier than finen days after the date of the
requisition), a statement containing. so far as may be: practicable. the name of every other
person pos~ing any interest in the land or any part thereof as co-proprietor. sub-proprietor.
mortgagee. lcnant or othcrv...ise. and oflhe nature of such interest. and orlhe rents and profits
(if any) received or receivable on oceunt thereof for three years next preceding the date of
the statement.
(2) Every person requimt to make or deliver. statement under this section or s«tion 9
shall be deemed to I¥= legally bound to do so within the meaning of sections 175 and 176 of
the Indian Penal Code (45 of 1860).
ENQUIRY INTO MEASUREMENTS. VALUE AND CLAIMS AND AWARD
BY THE COLLECTOR
t. Enquiry apd Ilwar4 b)' Collector
:r( I) On the day so lixed. or on any other day to which the enquiry has been adjourned.
the Collector shall proceed to enquire into the objections (if any) which any person interested
ha.o; stated pUNuant to a notice given under section 'J to the measurements made under section
8. and into the value of the land at the date ofthe' publication of tile notific.tion under section
4, sub-section (I), and into the respective interests of the Wrsons claiming the: eompenstion
and shall make an award under his hand of;
(i) the true area of the land;
(ii) the compensation which in his opinion should be allowed for the land; and
(iii) the apportionment oftlle said compensation among all the persons known
or believed to be interested in the land. of whom, or ofwhosc claims. he
has informtltioo. whether or ootthey have respectivcly appeared before him:
l(Provided that no award shall be nude by the Collector under this sub-seclion without
the previous approval of the app'ropriate government or of such officer ..0; the appropriate
government may authorised in this behalf:
Provided funher that it shall be competent for the appropriate govemmentlo dircctlhat
the Collector may make such ilward without such approval in such class of caliCl: al: the
appropriate government may specify in this behalf.)
l[(2) Notwithstanding anything contained in sub-seclion (I). if at any stage of the
procca1ings. the Collcctor is satisfied that allthc persons intttCSted in the land '" ho .ppearro
before him have agreed in writing on the malters to be included in the award ofthc Collector
in the fonn prescribed by rules made by the appropriate government. he may. without making
further enquiry, nmke an award according to the tern,s ofsueh agreement.
I. Subs. hy Act 6K of t984, .....d. 24-9·1'1114.
2. fuiJtinr. lO."\iun n.."fKImberin. u subs. (II IhaaKoy Al."\ 611 uf 19M
J. I.... oy N.."\ 6lI of t984. w.tr. 24-9-19114.
(3) The
any wuy cfTCCl
c1~whcrc in
(4) Not'
agrcc:mcnl m
'IliA. Perio
The Col
the date of tt
entire proce~
Provide
commcncem
within. peri
Esp.....
during whie
stayed by an
12. Award
(I) SUI
provided. be
whether the
value ofthc
(2) Th
interested a
13. Adjoul
TbcO,
a day to be
IIIJA. Cor
(I) n
award. or ,
before the r
the award,
person inte
Provid
I1\llde unlet
III the matI!
(2) 11
all the pen
(3) \I
correction
refunded a
arrear of I,
I, 1m. by
1894
i
and has no such agent, the notice
5lasl known residence address or
'the Indian Post Office Act. 1898}.
ifnts as to names and iDleresis
make or deliver to him, at a lime
men days after the date of the
licablc. the name of every other
1as co-proprietor. sub-proprietor.
lerest. and oflhc rents and profits
years next preceding the date of
~I under this seclion or section 9
aning of sections 175 and 176 of
D CLAIMS ANO AWARD
the enquiry has been adjourned.
'any) which any person interested
[lC8surclllCnts made under seclion
1oflhc nOlification under section
crsons claiming the compcnstion
iOuld be allowed for the landExcerpt shown. Open the full act in Lexace.