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LAND ACQUISITION  ACT-1894
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LAND ACQUISITION ACT-1894

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A beautiful power point presentation on land acquisition act- 1894 and the acquisition procedure in Kerala..Highly useful for revenue officers in KERALA.

A beautiful power point presentation on land acquisition act- 1894 and the acquisition procedure in Kerala..Highly useful for revenue officers in KERALA.

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  • 1. LAND ACQUISITION ACT 1894
    • Presented by
    • T.J Joseph
    • Deputy Tahsildar,Kottayam
    • (Staff Trainer,ILDM&IMG)
    • A mysandesham presentation.
  • 2. LAND ACQUISITION IN THE STATE IS NOW GOVERNED BY
    • THE LAND ACQUISITION ACT,1894
    • (As amended by the Act 68 of 1984)
    • AND
    • THE LAND ACQUISITION (KERALA) RULES,1990
  • 3. IMPORTANT STAGES OF ACQUISITION
    • Preliminary stage
    • Publication of Notifications
    • Enquiry on objection petitions, if any.
    • Survey and preparation of sub division records
    • Preparation and Publication of Declaration
    • Determination of compensation
    • Awarding compensation
    • Taking possession and handing over to R.A.
    • Reference to courts
  • 4. Notification Payment of compensation Declaration Valuation Survey & S D Award Taking possession LAND ACQUISITION CHART
  • 5. PRELIMINARY STAGE
    • Requisition
    • Joint inspection & Pegmarking
    • Publication of Notification …4(1) & 6 (1)
    • Survey and sub division
  • 6. DECLARATION
    • Preparation of Draft Declaration
    • Approval and publication of Declaration
  • 7. Documents to be accompanied with D.D. for scrutiny
    • 1 . Copy of Requisition
    • 2. Published copies of Notification and public notice
    • 3. Copy of B.T.R and T.P.extract
    • 4.Survey sketch and S.D. records
    • 5. Reconciliation statement
    • 6. Objection Petitions, if any.
    • 7. Report of enquiry u/s 5A
    • 8. Confidential report on objectionable elements
  • 8. DETERMINATION OF COMPENSATION
    • Market value of land:
    • Price paid for the same land
    • Price paid for similar and similarly situated land in the vicinity
    • Price paid for adjacent land having same advantage
    • Sale should be with in a reasonable period and it should be bonafide.
    • The land under acquisition and the land selected as Basis should possess similar advantage.
  • 9. AWARDING COMPENSATION
    • Award enquiry notice Sec. 9
    • L A O to enquire in to the measurement,
    • Value, claim and interest over the land Sec 11(1)
    • Local Authority can adduce evidence for
    • the purpose of determination of compensation Sec 50
  • 10. MAKING OF AWARD
    • Award should contain:
    • True area of the land Sec 11(1)
    • Market value of the land Sec 23(1)
    • ( at the time of notification .)
    • Additional market value @12% p.a. Sec 23(1)A
    • Solatium @ 30%. Sec 23(2)
  • 11. MAKING OF AWARD
    • Apportionment of compensation: Sec 29.
    • Dispute, if any, on apportionment:-
    • Reference to court
    • Sec 30. Rule 16
  • 12. Prior approval of award ( Proviso to Sec 11(1) Rule 12 )
    • (i) below Rupees 1 Crore DC Rule 12(1)(a)
    • (ii) between 1 and 2 Crores CLR Rule (1)(b)  
    • (iii) above 2 Crores Govt Rule 12(1)(c)
    • Passing of Award Sec.11 Rule 12(1)
  • 13. Passing of AWARD
    • Award to be passed within two years from the date of publication of Declaration
    • Award not to be passed unless LAO has
    • sufficient fund at his disposal
  • 14. TAKING POSSESSION OF LAND
    • Taking possession of land Sec. 16 and Sec. 17
    • Notice of taking possession of land
    • to all interested parties Rule 15(3)
    • Notice to Requisioning Authority
    • Taking possession & handing over Rule 15(2)
    • Advance possession Sec.17(2) Rule 15(5)
  • 15. PAYMENT OF COMPENSATION
    • Payment of compensation Rule 14(1)
    • Payment or credit to Court to be
    • in favour Presiding Officer Rule 14(3)
    • Payment shall be in ‘D’ form Cheque Rule 15(2)
    • Notice to parties to whom payment
    • could not be made in Form No. 11 Rule 13(2)
  • 16. REFERENCE TO COURTS
    • Dispute on the measurement of land, amount of compensation and its apportionment Sec. 18
    • Dispute on title over the land, person to whom compensation is payable and apportionment of compensation Sec. 30
  • 17. Condition precedent to making a reference u/s18
    • There shall be a protest
    • Protest shall be as to the measurement of land or to the amount of compensation
    • There shall be a written application by person who had not accepted the award of the Collector
    • He must be an interested person on the compensation
    • Application shall be within the period of time prescribed therefore under proviso to section 18 (2).
  • 18. REFERENCE UNDER SECTION 30
    • Reference on dispute as to title over the land, or person entitled to compensation, or apportionment of the amount of compensation
    • It is left to the discretion of the Collector to refer or not
    • No period of limitation prescribed
  • 19.
    • Re-determination of compensation
    • Sec.28A Rule 12A
    • Every award u/s 28 A shall be got approved by the competent authority subject to the monetary limit prescribed
    • Correction of clerical errors in the Award Sec.13A
    • Withdrawal from acquisition Sec.48(1)
    • Cancellation or modification of Notification Rule 17
    • Payment of interest on compensation Sec. 34
  • 20. Form--- -
    • Rule… 3(1)
    • Appointment of collector to be published in the Gazette.
    1
  • 21. Form--- -
    • Rule… 4(1)
    • LA Requisition from various departments.
    2
  • 22. Form--- -
    • Rule … 5(1)
    • Preliminary notification –
    • Normal case-
    • Central Government purpose.
    3a
  • 23. Form--- -
    • Rule … 5(2)
    • Preliminary notification –
    • Normal case-
    • State Government purpose.
    3b
  • 24. Form--- -
    • Rule … 6(2)
    • Preliminary notification –
    • Urgency clause-
    • State Government purpose.
    3c
  • 25. Form--- -
    • Rule … 7(1)
    • Notice to land owner to furnish complaints if any, against the acquisition.( within 3o days of the publication of 4(1) )
    • Ordinary case- 5A enquiry.
    4a
  • 26. Form--- -
    • Rule … 7(2)
    • Urgency clause.,,,,,,,,,,,,,,
    • Public Notice after 4(1)
    • ( to be published in VO. Taluk Office and LAO )
    • .
    4b
  • 27. Form--- -
    • Rule … 8(1)
    • Notice for 5 A enquiry.,,,,,,,,,,,,,,
    • to land owner who has filed objection
    • ( . )
    • .
    4c
  • 28. Form--- -
    • Rule … 8(5)
    • Urgency clause-Draft Declaration…..
    • Central Government Purpose…….
    • ( . To….Government Secretary )
    • .
    5a
  • 29. Form--- -
    • Rule … 8(5)
    • Urgency clause- Draft Declaration…..
    • Central Government Purpose…….
    • ( . To….Government Secretary )
    • .
    5b
  • 30. Form--- -
    • Rule … 8(5)
    • Ordinary case- Draft Declaration…..
    • State Government Purpose…….
    • ( To….Commissioner Land Revenue. )
    • .
    5c
  • 31. Form--- -
    • Rule … 8(5)
    • Urgency clause.. Draft Declaration…..
    • State Government Purpose…….
    • ( To….Government secretary. )
    • .
    5d
  • 32. Form--- -
    • Rule … 9(3)
    • Notice of withdrawal if the land acquisition steps are dropped.
    • .
    6
  • 33. Form--- -
    • Rule … 9(3)
    • Agreement in stamp paper with the requisioning authority and district Collector.
    • (For non Govt. Purpose.)
    • .
    7
  • 34. Form--- -
    • Rule … 10(2)
    • Detailed Valuation Statement.
    • .
    8
  • 35. Form--- -
    • Rule … 11(1)
    • Award Enquiry Notice
    • (to be published in the site.)
    • .
    9a
  • 36. Form--- -
    • Rule … 11(2)
    • Award Enquiry Notice
    • (to the land owner.)
    • .
    9b
  • 37. Form--- -
    • Rule … 12(1)
    • Award
    • .
    10
  • 38. Form--- -
    • Rule … 12(5)
    • Agreement between land owner and requisitioning authority in the case of negotiated purchase.
    • .
    10a
  • 39. Form--- -
    • Rule … 13(1)
    • Notice of award to land owner to receive the award amount from LAO.
    • .
    10b
  • 40. Form--- -
    • Rule … 13(2)
    • Notice of award informing the land owner that the award amount is kept ar RD in the treasury.
    • .
    11
  • 41. Form--- -
    • Rule … 15(3)
    • Notice of award informing the land owner that the award amount is kept ar RD in the treasury.
    • .
    12
  • 42. Form--- -
    • Rule … 15(3)
    • Notice to the requisitioning authority regarding taken possession of land.
    • .
    13
  • 43. Form--- -
    • Rule … 15(6)
    • Form of Intimation to sub registrar to maintain land records.
    • .
    14
  • 44. Form--- -
    • Rule … 16
    • Form of reference to sub court….
    • Reference Application.
    • .
    15
  • 45. Form--- -
    • Rule … 16
    • Schedule of information to court.
    • .
    16
  • 46. Form--- -
    • Rule … 16
    • Form of Schedule of information for reference to court.
    • .
    17
  • 47. Form--- -
    • Rule … 17
    • Cancellation Notice is Puramboke Land is Published in 4(1) notice.
    • .
    18
  • 48. Form--- -
    • Rule … 18
    • L A Case- Special Register.
    • .
    19
  • 49. Form--- -
    • Rule … 18
    • Award Register.
    • .
    20
  • 50. Form--- -
    • Rule … 18
    • Register of Land Acquisition Suits.
    • .
    21
  • 51. Form--- -
    • Rule … 18
    • Register of Claims made by Land owners.
    • .
    22
  • 52. Form--- -
    • Rule … 12(2)
    • Statement showing the compensation awarded on account of Land acquired..
    • .
    A
  • 53. Form--- -
    • Rule … 13(3)
    • Particulars regarding the acceptance by awardees.
    • .
    B
  • 54. Form--- -
    • Rule … 13(3)
    • Particulars regarding the acceptance by awardees.
    • .
    c
  • 55. Form--- -
    • Rule … 14(3)
    • CHEQUE- Form E for Revenue Deposit…..
    • Form F is acknowledgement for the receipt of cheques.
    • .
    D
  • 56. S&B Act Section--- -
    • Finalization of Survey Records.
    • .
    13
  • 57. S&B Act Section--- -
    • Publication of 6(1) notification in the gazette is for conducting survey of the land
    • .
    6(1)
  • 58. . Thank You………………………… T. James Joseph, Adhikarathil, Kottayam,Kerala.

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