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
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
(at the time of notification.)
Sec 23(1)
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
Advance possession Sec.17(2)
Rule 15(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
15(2)
Rule
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
Cancellation or modification of Notification
Sec.48(1)
Rule 17
Payment of interest on compensation Sec. 34
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