LAND ACQUISITION BY THE GOVERNMENT

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

Acquisition of land by the govt. for public purpose or for the businesses is ruled by the Land Acquisition Act, 1894. The word "Public Purpose", as outlined within the Act mentioned on top of refers to the acquisition of land for putt up instructional establishments or schemes like housing, health or slum clearance, except for the comes for rural designing or formation of web sites. "Appropriate Government" would mean the Central Government if the aim for acquisition is for the Union and for different purpose, it's the authorities. It’s not necessary that every one the acquisition needs to be initiated by the govt. alone. Native Authorities, Societies registered underneath the Societies Registration Act, 1860 and Co-Operative Societies established underneath the Co-operative Societies Act may also acquire the land for organic process activities through the govt.. Bound procedure has been envisaged underneath the Statute that needs to be obligatorily followed before feat the land for the general public purpose, as mentioned below:

 

Preliminary Notification

The process of acquisition begins with the provision of Preliminary Notification, as envisaged underneath Section 4(1) of Land Acquisition Act, 1894. The notification needs to be basically printed within the Official Gazette and in 2 daily news papers current therein neighbourhood of that a minimum of one shall be within the regional language. Further, it's additionally necessary that the notification needs to be glued in conspicuous places of that neighbourhood. 

Filing of Objections

The main objective of supply preliminary notification is to involve objections, if any, against such acquisitions from the homeowners or others United Nations agency are having bound interest over the property and giving them a chance to boost their claims against the move of the govt. for feat their lands. The persons aggrieved by such notification shall file their objections at intervals thirty days from the date of 4(1) notification.

Final Declaration

After receipt of objections, the involved authority shall contemplate those objections and if found unacceptable, then a final declaration rejecting the claims is going to be issued. Section six of the amended Act provides that the ultimate declaration shall be issued by the authority at intervals a amount of 1 year from the date of provision of preliminary notification underneath section 4(1) of the Act. However, before the modification, the time stipulated underneath the Act for final declaration was three years from the date of publication of the preliminary notification. The ultimate Declaration needs to be printed as needed underneath section 6(2) of the Act.

Award

Section 11of the Act provides that once receiving the objections, the authority can need to hold an exploration. However, it's necessary that actual extent of land planned to be nonheritable and therefore the worth of the land needs to be assessed before beginning the enquiry, as needed underneath sections eight and nine of the Statute. On completion of the enquiry, Award is going to be passed thereto impact and printed by the competent authority. Once passing the Award, the Collector/Deputy Commissioner shall send notice to the homeowners or their representatives United Nations agency weren't gift in person at the time of passing of the Award.

Time limit for passing the Award

Once the enquiry is ended, it's the duty of the competent authority to pass the Award at intervals a pair of years from the date of publication of the declaration underneath section six, as envisaged underneath section eleven A of the Act. If the authority fails to stick to the time schedule prescribed underneath the Act, the whole proceedings initiated for land acquisition can lapse. once passing of the Award, the Deputy Commissioner or the other competent authority could take possession of the land like a shot, that shall with that vest completely with the govt., free from all claims, whatsoever.

Special Powers

Section seventeen of the Act confers special powers with the involved authority whereby passing of award could also be distributed with and however permits to require possession of the land notified for acquisition. Additional holding of enquiry may also be waived, as envisaged underneath section five A of the Act. However, such powers is exercised solely just in case of urgency.

Application seeking improvement

After passing of the award, the person whose land has been planned to be nonheritable will offer his consent for such acquisition and conform to receive the compensation. However, an in depth procedure is provided underneath the Act as regards payment of compensation. Objections may also be raised against the measuring of the land, improvement of compensation or allotment of the compensation by filing a written application before the Deputy Commissioner, as provided underneath section eighteen of the Act, requesting the authority to refer the touch the court for determination of the grounds raised within the application. 

Legal documentation

An application thereto impact needs to be filed by the one who was in person gift once the award was passed, at intervals six weeks from the date of the award gone along the Collector. In different cases, the applying can need to be created at intervals six weeks from the date of receipt of the notice issued underneath section 12(2) or at intervals six months from the date of the Award gone along Deputy Commissioner, whichever is earlier.

Compensation

Provision for settlement of dispute touching on allotment of the compensation quantity is offered underneath section thirty of the Act. In such a state of affairs, the Deputy Commissioner ought to refer the touch the Court. The applier is going to be entitled to the compensation that is decided on the premise of the market price of the land determined as on the date of Preliminary Notification. in step with Sec 34, if there's delay in payment of compensation on the far side one year from the date on that possession is taken, interest at the speed of 15 August 1945 P.A. shall be owed from the date of ending of the period of 1 year on the outstanding amount of compensation until the date of payment.

Taking over possession

The Government, underneath section sixteen of the Act is at liberty to withdraw from acquisition of land except in cases provided underneath section thirty six. However, if the possession of land has been taken, then the govt. can don't have any authority to withdraw from such acquisition.

Acquisition for corporations

Procedure concerned for acquisition of land for corporations are proscribed underneath Chapter VII, which needs an agreement to be entered into by the corporate with the suitable Government and therefore the same needs to be printed within the Official Gazette.

Authorities competent to accumulate

Apart from the govt., there are totally different authorities who are bestowed with the facility to accumulate lands for public functions as mentioned below:

1. Bangalore Development Authority.

2. The Karnataka Industrial space Development Board.

3. Authority underneath House Sites Act.

4. Karnataka Urban Development Authority.

5. Karnataka Housing Board.

6. National Highways Authority.

The Government cannot initiate acquisition proceedings while not supply correct notice to the homeowners in any of the prescribed mode of service provided underneath the Act and supply them comfortable chance to boost their claims and to defend the property from acquisition. If any of the provisions envisaged within the Act is desecrated or obligatory procedures aren't followed, then the whole acquisition proceedings would become completely void.

More,

Advocate Selvakumar

 
Intellectual Property Law