Acquisition
of land by the Government for public purpose or for the companies is governed
by the Land Acquisition Act, 1894.The word "Public Purpose", as
defined in the Act mentioned above refers to the acquisition of land for
putting up educational institutions or schemes such as housing, health or slum
clearance, apart from the projects for rural planning or formation of sites. "Appropriate
Government" would mean the Central Government if the purpose for
acquisition is for the Union and for other purpose, it is the State Government.
It is not necessary that all the acquisition has to be initiated by the Government
alone.Local Authorities, Societies registered under the Societies Registration
Act, 1860 and Co-Operative Societies established under the Co-operative
Societies Act can also acquire the land for developmental activities through the
government.Certain procedure has been envisaged under the Statute, which has
to be mandatorily followed before acquiring the land for the public purpose, as
discussed below:
Preliminary Notification
The
process of acquisition begins with the issuance of Preliminary Notification, as
envisaged under Section 4(1) of Land Acquisition Act,1894.The notification
has to be essentially published in the Official Gazette and in two daily news
papers circulating in that locality of which at least one shall be in the regional
language. Further, it is also necessary that the notification has to be affixed
in conspicuous places of that locality.
Filing of Objections
The
main objective of issuing preliminary notification is to call for objections,
if any, against such acquisitions from the owners or others who are having
certain interest over the property and giving them an opportunity to raise
their claims against the move of the Government for acquiring their lands.The
persons aggrieved by such notification shall file their objections within
thirty days from the date of 4(1) notification.
Final Declaration
After
receipt of objections, the concerned authority shall consider those objections
and if found unsatisfactory, then a final declaration rejecting the claims will
be issued.Section 6 of the amended Act provides that the final declaration
shall be issued by the authority within a period of one year from the date of
issuance of preliminary notification under section 4(1) of the Act. However,
prior to the amendment, the time stipulated under the Act for final declaration
was 3 years from the date of publication of the preliminary notification.The
Final Declaration has to be published as required under section 6(2) of the
Act.
Award
Section
11 of the Act provides that after receiving the objections, the authority will
have to hold an enquiry.However, it is necessary that actual extent of land proposed to be acquired and the value of the land has to be assessed before
starting the enquiry, as required under sections 8 and 9 of the Statute.On
completion of the enquiry,Award will be passed to that effect and published by
the competent authority.After passing the Award, the Collector/Deputy
Commissioner shall send notice to the owners or their representatives who were
not present personally at the time of passing of the Award.
Time limit for passing the Award
Once
the enquiry is concluded, it is the duty of the competent authority to pass the
Award within 2 years from the date of publication of the declaration under
section 6, as envisaged under section 11 A of the Act. If the authority fails to
adhere to the time schedule prescribed under the Act, the entire proceedings
initiated for land acquisition will lapse.After passing of the Award, the
Deputy Commissioner or any other competent authority may take possession of the land immediately, which shall thereupon vest absolutely with the Government,
free from all claims, whatsoever.
Special Powers
Section
17 of the Act confers special powers with the concerned authority wherein
passing of award may be dispensed with and yet permits to take possession of
the land notified for acquisition. Further holding of enquiry can also be
waived, as envisaged under section 5 A of the Act. However, such powers can be
exercised only in case of urgency.
Application seeking enhancement
After
passing of the award, the person whose land has been proposed to be acquired can
give his consent for such acquisition and agree to receive the compensation.However,
a detailed procedure is provided under the Act as regards payment of
compensation.Objections can also be raised against the measurement of the land, enhancement of compensation or apportionment of the compensation by
filing a written application before the Deputy Commissioner, as provided under
section 18 of the Act, requesting the authority to refer the matter to the
court for determination of the grounds raised in the application.
An
application to that effect has to be filed by the person who was personally
present when the award was passed, within 6 weeks from the date of the award
passed by the Collector. In other cases, the application will have to be made within
6 weeks from the date of receipt of the notice issued under section 12(2) or
within 6 months from the date of the Award passed by Deputy Commissioner,
whichever is earlier.
Compensation
Provision
for settlement of dispute pertaining to apportionment of the compensation
amount is available under section 30 of the Act.In such a situation, the
Deputy Commissioner should refer the matter to the Court.The Claimant will be
entitled to the compensation which is determined on the basis of the market
value of the land determined as on the date of Preliminary Notification.
According to Sec 34, if there is delay in payment of compensation beyond one year
from the date on which possession is taken, interest at the rate of 15% P.A.
shall be payable from the date of expiry of the period of one year on the outstanding amount of compensation till the date of payment.
Taking over possession
The
Government, under section 16 of the Act is at liberty to withdraw from
acquisition of land except in cases provided under section 36. However, if the
possession of land has been taken, then the Government will have no authority to
withdraw from such acquisition.
Acquisition for companies
Procedure
involved for acquisition of land for companies are dealt with under Chapter
VII, which requires an agreement to be entered into by the company with the
Appropriate Government and the same has to be published in the Official
Gazette.
Authorities competent to acquire
Apart
from the Government, there are different authorities who have been conferred
with the power to acquire lands for public purposes as mentioned below:
2.
The Karnataka Industrial Area Development Board.
3.
Authority under House Sites Act.
4.
Karnataka Urban Development Authority.
5.
Karnataka Housing Board.
6.
National Highways Authority.
The
Government cannot initiate acquisition proceedings without issuing proper
notice to the owners in any of the prescribed mode of service provided under
the Act and provide them sufficient opportunity to raise their claims and to
defend the property from acquisition. If any of the provisions envisaged in the
Act is violated or mandatory procedures are not followed, then the entire
acquisition proceedings would become totally void.
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