Land acquisition rules

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Kerala Land Acquisition Rules 1990 uploaded by T. James Joseph, Adhikarathil,Kottayam.(T, J Joseph,Deputy Tahsildar)

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Land acquisition rules

  1. 1. *The Land Acquisition (Kerala) Rules, 1990 In exercise of the powers conferred by sub-section (1) of Section 55 of theLand Acquisition Act, 1894 (Central Act 1 of 1894), the Government ofKerala hereby make the following rules, the same having been previouslypublished as required by sub-section (2) of the said section, namely: - Rules1. Short title and commencement.- (i) These rules may be called the Land Acquisition (Kerala) Rules, 1990. (ii) They shall come into force at once.2. Definitions.- In these Rules unless the context otherwise requires, (i) "Act" means the Land Acquisition Act, 1894; (ii) "Form" means the form appended to these Rules; (iii) "Government" means the Government of Kerala; (iv) "Land Acquisition Officer" means any officer specially appointed by Government by notification under clause (c) of Section 3 of the Act to perform the function of a Collector under the Act; (v) "Section" means a section of the Act. 3. Appointment of Collectors.- All appointments of Collectors under clause (c) of Section 3 shall be by notification in the Official Gazette in Form No. 1.4. Requisitions for Acquisition.- (1) Requisitions for acquisition of land under the Act shall be made in Form No. 2 to the District Collector concerned within whose jurisdiction the land is situated. (2) As soon as a requisition is received, the District Collector shall if it is decided that the land applied for should be acquired under the Act, forward it to the concerned Land Acquisition Officer for initiating land acquisition proceedings.5. Publication of Preliminary Notifications.- (1) When the acquisition is for any public purpose (other than for the purposes of the Central Government), the Land Acquisition Officer shall publish a preliminary notification in Form No. 3 (a) duly approved by him in the Official Gazette and in the newspapers as required by sub-section (1) of Section 4. (2) When the acquisition is for the purposes of the Central Government, the Land Acquisition Officer shall forward to Government in the concerned Department a draft preliminary notification in Form No. 3 (b) in triplicate together with an attested copy of the requisition, an extract of settlement/ Adangal/Land Tax Register and a Sketch of the site.* Issued by Noti. G.O. (MS) No. 345/90/RD dt 14-5-1990 pub. in K.G. Ex. No. 501 dt. 18-5-1990 as SRO 675/90. 1
  2. 2. (3) The Government shall, if they are satisfied that the acquisition is for the purposes of the Central Government approve the notification and send one copy of the notification to the Government Press for publication in the Official Gazette and return one copy of the approved notification to the Land Acquisition Officer for publication in the newspapers, as required by sub-section (1) of Section 4.6. Procedures for acquisition in cases of urgency.- (1) Where any requisition is received by the District Collector for acquisition of land under the urgency clause for any public purposes (other than for the purposes of the Central Government), he may, if it appears to him that it is a fit case to dispense with the provision of Section 5A, make a recommendation to that effect to the Secretary, Board of Revenue for appropriate sanction. (2) As soon as the sanction referred to in sub-rule (1) is received, the Land Acquisition Officer shall publish a composite notification in Form No. 3 (c) duly approved by him in the Official Gazette, and in the newspapers as required in sub-section (1) of section 4 read with sub- section (4) of section 17. (3) Where the requisition for acquisition of land under the urgency clause is for the purposes of the Central Government, the District Collector may, if it appears to him that it is a fit case to dispense with the provision of Section 5 A make a recommendation to that effect to Government in the concerned Department. The District Collector shall also submit along with his report to Government a draft composite notification in Form No. 3 (d) an attested copy of the requisition, an extract of the Settlement/ Adangal/Land Tax Register and a sketch of the site. (4) The Government may if they are satisfied that it is a fit case to invoke the powers under Section 17, issue a formal sanction to dispense with the provision of Section 5 A of the Act and approve the composite notification. One copy of the approved notification shall be sent to the Superintendent, Government Presses, Trivandrum for the publication in the Official Gazette and one copy to the concerned Land Acquisition Officer for arranging publication in the newspapers.7. Issue of Public Notice.- Immediately after the publication of the preliminary notification referred to in sub-rule (1) or (3) of rule 5, the Land Acquisition Officer shall issue a public notice in Form No. 4 (a) stating that the land is needed or is likely to be needed for a public purpose and requiring all persons interested in the land to lodge before him a statement in writing of their objections if any to the proposed acquisition within 30 days of the last of the dates of the publication of such preliminary notification or the giving of such public notice whichever is later. The said notices shall be published at convenient places in the locality and copies thereof fixed up in the Taluk Office, Village Office and in the offices of the District Collector and Land Acquisition Officer. 2
  3. 3. (3) As soon as the composite notification referred into sub-rule (2) or (3) of rule 6 is published, the Land Acquisition Officer shall issue a public notice in Form No. 4 (b). The said notice shall also be published at convenient places in the locality in the Taluk Office, in the Village Office and in the Office of the Land Acquisition Officer.8. Hearing of objections and further actions.- (1) If any objection is received from any person actually interested in the land within the period prescribed in section 5A, the Land Acquisition Officer shall fix a date for hearing the objectors and give notice thereof in Form No. 4(c) to the objectors as well as to the requisitioning body with copies of the objections. The requisitioning authority may file on or before the date fixed for hearing statement by way of answer to the objections and may also depute a representative to attend the enquiry. (2) If the statement of objections is not filed within the prescribed period or if it is filed by a person who is not actually interested in the land, it shall be summarily rejected. (3) On the date fixed for hearing or any dale to which the hearing may be adjourned by the Land Acquisition Officer, the Land Acquisition Officer shall hear the objector or his pleader and the representative if any of the requisitioning body and record any evidence that may be produced in support of the objections. (4) The Land Acquisition Officer shall also immediately after the publication of the preliminary notification or composite notification as the case may be, arrange for the preparation of the sketch and sub- division records of the land notified for acquisition in duplicate and send one copy to the Superintendent of Survey and Land Records for scrutiny and preparation of revised sketches and area list. (5) The Land Acquisition Officer shall thereupon prepare a draft declaration in the appropriate form [Form No. 5 (a) or No. 5(b) or No. 5(c) or No. 5 (d) as the case may be] and submit his report with the following documents for the decision of Government if the acquisition is for the purposes of the Central Government, or for the decision of the Board of Revenue if the acquisition is for any other public purpose. (a) An attested copy of the requisition. (b) Attested copy of Gazette sheet and paper cuttings containing published copies of the preliminary/composite notification. (c) Served and published copies of notices referred to in rule 7. (d) The sketch of the site. (e) Extract from the Village Settlement/Adangal/Land Tax Register relating to the land. (f) Sub-division statement. (g) The objection petitions (in original). 3
  4. 4. (h) The record of enquiry under section 5 A. (i) Statement reconciling difference between the particulars shown in the preliminary/composite notification and the declaration together with a certificate that the difference has been reconciled. (j) A confidential note on the nature and weight to be attached to the existence of religious buildings, tombs, grave yards etc., if any, on the land under acquisition.9. Publication of Declaration.- (1) On consideration of the objections and the report of the Land Acquisition Officer, if the Board of Revenue or the Government, as the case may be, is or are satisfied that the land should be acquired, the declaration shall be approved after overruling the objections and sent up for publication in the Official Gazette as required under section 6. One copy of the approved declaration with the records shall be returned to the Land Acquisition Officer for arranging the publication of the Draft Declaration in the newspapers as required under Section 6. (2) If on the other hand the Board of Revenue or the Government as the case may be decides or decide to give up the acquisition a notification withdrawing from such acquisition shall be published by Government in Form No. 6. (3) When the acquisition is for a public purpose other than for the purposes of the State Government or Central Government no declaration shall be published unless the requisitioning authority executes in favour of the District Collector, an agreement in Form No. 7. (4) Every declaration for the acquisition of land for the purposes of the Central Government, under Section 6 of the Act shall be in Form No. 5 (a) and that under Section 6 read with sub-section (l) of Section 17 of the Act shall be in Form No. 5 (b). Every declaration for any other public purpose under Section 6 of the Act shall be in Form No. 5 (c) and that under Section 6 read with sub-section (1) of Section 17 of the Act shall be in Form No. 5 (d). (5) The Officer competent to authenticate the orders under Section 6, shall be the Secretary to Government, Additional Secretary to Government, Joint Secretary to Government or Deputy Secretary to Government of the concerned Administrative Department where the declaration is made by Government and the Secretary, Board of Revenue where the declaration is made by the Board of Revenue. 10. Procedure for the preparation of basis of valuation and valuation statement of the property under acquisition.- (1) As soon as the preliminary/composite notification is published the Land Acquisition Officer shall prepare a basis for valuation of the property under acquisition and forward the same to the District Collector for approval. In preparing the basis for valuation, the Land Acquisition Officer may obtain from the offices of the Sub-Registrars concerned copies of available sale deeds of similar lands in the locality as on or immediately prior to the date of publication of the 4
  5. 5. aforesaid notification and such other details as are found necessary. Buildings or structures under acquisition which are likely to cost more than Rs. 5,000 shall be got valued by the Engineer of the Public Works Department or by qualified Engineers of the requisitioning body at the rate prescribed by the Public Works Department, subject to the monetary powers given by Government to each grade of Engineers. (2) Immediately after the basis for valuation is approved by the District Collector and the structures got valued by the competent Engineers, the Land Acquisition Officer shall arrange to prepare a mahazar and a detailed valuation statement in Form No. 8 showing the details of land under acquisition, the improvements thereon and the estimated amount of compensation and get valuation statement approved by the District Collector. (3) The Land Acquisition Officer shall, before sending the basis for valuation and the detailed valuation statement to the District Collector for approval, personally inspect the site and record a certificate in the mahazar and detailed valuation statement to the effect that he has actually inspected the site and is satisfied as to the correctness of the details shown in the mahazar and detailed valuation statement prepared by the Revenue Inspector or Valuation Assistant as the case may be.1 [Explanation. - For the purposes of this rule and Rules 6,11,12 and 14 theexpression "District Collector" means the Collector of a District and includesan Officer, if any, not below the rank of a District Collector in the RevenueDepartment, specially empowered by the Government to exercise the powersof the District Collector, where the land to be acquired is for any road or bridgeproject,]11. Notice to persons interested on the land.- (1) A soon as the revised sketches and area lists are received from the Superintendent of Survey and Land Records and the detailed valuation statement is approved by the District Collector, the Land Acquisition Officer shall cause public notice in Form No.9 (a) to be given at the convenient places on or near the land to be taken as required under sub-section (1) of section 9. (2) A notice in Form No. 9 (b) shall be served on all the persons concerned in the manner prescribed in Section 45 and as required in sub-section (3) of Section 9.1. Inserted by Noti. G.O. (P) No. 26/2002/RD dt. 5-2-2002 pub. in KG. Ex. No. 233 dtl3-3-2002 as SKO 135/2002 5
  6. 6. 12. Awards for compensation.- (1) A soon as the claims of the persons interested in the land are enquired into as contemplated in rule 11 the Land Acquisition Officer shall prepare a draft award (in Form No. 10) and submit the same with all connected records. 1 [(a) to the District Collector where the award does not exceeded Rs. One Crore. (b) to the Commissioner of Land Revenue, where the award exceeds Rs. One Crore but does not exceed Rs. Two crores. (c) to the Government in the concerned Department, where the award exceeds Rs. Two crores.] (2) As soon as previous approval is received the Land Acquisition Officer shall make an award in Form No. 10 and send one copy of such award to the District Collector for effecting necessary changes in the revenue records and one copy to the requisition authority. A copy of the award statement shall thereupon be sent to the Accountant General in Form A in duplicate. (3) No award shall be passed unless the Land Acquisition Officer has sufficient funds at his disposal for making payment of the compensation or depositing the same in to the Treasury or Court as the case may be. (4) Where all the persons interested in the land notified for acquisition executes an agreement as required under sub-section (2) of Section 11, award at any stage of the proceedings after the publication of the draft declaration under Section 6 of the Act in terms of such agreement without making any further enquiry. (5) The agreement shall be in Form No. 10(a) appended to these rules and it shall be executed between the owner or owners of the land of any person or persons interested therein on the one part and the District Collector for and on behalf of the Government of Kerala, on the other part, (6) No award shall be passed under sub-rule (4), unless previous approval is obtained from the competent authority as required under sub section (1) of Section 11.2 [12A. Re-de termination of the amount of compensation on tne basis of the award of the Court,-(i) On receipt of an application under Section 28 A from the personsinterested within the stipulated period, the Collector shall conduct anenquiry after due notice to all the persons interested and after givingthem a reasonable opportunity of being heard, make an awardre-determining the compensation payable to each applicant. The valueof each sub-division shall be decided upon by the collector. The applicabilityof the award of the Court and the rate of compensation to be awarded on1. Substituted by SRO 491/2001 dt. 3-5-2001 pub. in K.G. Ex. No, 691 dt. 8-5-2001.2. Added by Noti. G.O. (P) No. 111/94/RD dt. 5-4-1994 pub. in K.G. Kx. No. 317 dt. 8-4-1994 as SRO 427/94. 6
  7. 7. re-determination have to be adjudicate, upon by the Collector taking into consideration all relevant act and circumstances. Every award under Section 28 A shall be supported by a note to award giving justification in passing such award. (ii) The re-determination compensation shall not be less than the compen- sation originally awarded or shall not be more than the amount awarded by the Court. It shall not be more than the compensation originally claimed by the landowner. (iii) Every award under Section 28 A shall be in Form No. 10 (C). (iv) Every award under Section 28 A shall be got approved by the Competent Authority subject to the monetary limit prescribed under clauses (a) to (c) of sub-rule (1) of Rule 12. (v) No application under section 28 A shall be entertained when a land acquisition appeal case is pending before a Court. (vi) 1[xxx] (vii) A register in Form. No. 10 (aa) showing the details of applications under Section 28 A shall be maintained by the Collector. 13. Notice of award and payment.- (1) Immediately, after the award is made, the Land Acquisition Officer shall issue a notice of award in Form No. 10 (b). The said notice shall be served on the awardees as well as other persons interested in the land in the manner prescribed in section 45. (2) In case the awardees or their authorised agents fail to appear and accept the award or fail to apply for a reference to court under section 18, the amount due shall be paid into the treasury as Revenue Deposit payable to the persons to whom it is respectively due and vouched for in Form E. A notice intimating the deposit of the amount into the Treasury shall also be served on all the awardees and interested persons in Form No. 11. (3) As soon as the payment or deposit of the award is completed, a subsidiary statement in Form B showing the acceptance of award shall be sent to the Accountant General in duplicate. (4) Where an award has been made by a court under section 25, a second award statement shall be prepared in Form C by the Land Acquisition Officer and a copy thereof sent to the Accountant General in duplicate. (5) The Accountant General will forward one copy each of the completed A, B and C statements to the Board of Revenue which will be filed there and retained permanently.14. Mode of payment of awards. -(1) The amount required for payment or deposit of the award shall not be drawn by the Land Acquisition Officer in cash. It shall be drawn in favour of the payee by means of printed and machine numbered TV form cheques to be obtained from the treasury on proper indent through the District Collector.1. Omitted by SRO 963/99 pub. in K.G. Ex. No. 2163 dt. 26-11-1999, 7
  8. 8. (2) The payment relating to an award shall be made or the amount credited to Court of Revenue deposit within one month from the date of the award and in the case of an award made in the-month of March it shall be paid or deposited before the end of the financial year. (3) All payments into Court for deposits shall be made by means of ‘D’ form cheques drawn in favour of the Presiding Officer of the Court payable by order of the Court to the credit of Civil Court deposits. In such case the Form ‘D’ cheques shall be accompanied with receipts in triplicate in Form ‘F’ duly filled up. The Presiding Officer shall retain one copy of the Form ‘F’ and return two copies to the Land Acquisition Officer after sending acknowledgments on them. One copy of the Form F shall be retained by the Land Acquisition Officer and the other copy sent to the Accountant General in Form ‘B’ statement. (4) A stock register of printed ‘D’ form cheques shall be maintained by each Land Acquisition Officer in Form No. 11 (a). The serial number of cheques used for each award shall be noted in the register and balance struck. The Land Acquisition Officer shall retain the used cheque books in his personal custody and shall also maintain a separate register of cheques issued giving reference to the details such as (a) cheque number, (b) date of drawal, (c) award number and date, (d) name of payee, (e) Treasury drawn upon and (f) amount.15. Taking possession of land.- (1) The payment or deposit of the amount awarded shall not be effected unless the land is taken possession of. (2) A soon as the award is made, the Land Acquisition Officer shall take over the property if not already taken and hand over possession of the same to the authorised representative of the requisition body under proper acknowledgement in the sketches and mahazers. (3) For the purpose of taking over and handing over possession of the land a notice in Form No. 12 shall be served on all the parties interested in the land and an intimation given to the requisitioning authority in Form No. 13. (4) Where any difficulty arises in obtaining surrender of property, the Land Acquisition Officer shall if he is not a Magistrate, apply to a Magistrate to enforce surrender of the property as required under section 47. The Magistrate may issue a warrant to a Police Officer not below the rank of a Sub Inspector, for enforcing surrender of the land, if necessary, by using force. 1 [(5) In the cases where possession of land is taken in advance under Section 17 of the Act; it should be done only after giving a notice to the land owner and occupier thereof as required under sub-section (2) of Section 17 of the Act. Such advance possession of land shall not be 1. Substituted by Noti.G.O. (P) No. 337/97/RD dt. 7-5-1997 pub. in K.G. Ex. 581 dt. 7-5- 1997 as SRO 357/97. 8
  9. 9. taken unless a detailed mahazer showing the description of land and improvements thereon is prepared by the Land Acquisition Officer in the presence of the owner or other persons interested and the repre- sentative of the requisition body and got attested by them.) (6) A soon as the land is taken possession of intimation to that effect shall be given to the Sub Registrar concerned in Form No. 14 under proper acknowledgement to enable the Registration Department to maintain the permanent land records in their offices.16. Reference to Court.- Reference to Court under section 18 or sub-section (3) of section 28A or Section 30 of the Act shall be made by the Land Acquisition Officer in Form No. 15 supported by information in the prescribed schedule in Form Nos. 16 and 17: Provided that in the case of application presented to the Land Acquisition Officer for reference to Court it shall be refereed within a period of six months from the date of receipt of the application.1 [16A. (1) Every application for reference to Courts under Sub-section (1) of Section 18 and sub-section (3) of Section 28A of the Act shall be made in Form No. 22A, in triplicate, and shall be filed within the time limit prescribed for the purpose. (2) As soon as the reference application is received, the Land Acquisition Officer shall make necessary entries in the Register in Form Nos, 21 and 23. (3) One copy of the application shall be returned to the applicant duly acknowledging its receipt with the office seal and dated signature of the Land Acquisition Officer, immediately on receipt. The other copies shall be used for reference to Court and for office records],17. Cancellation or modification of notification.- The authority competent to approve the notifications and declarations under these rules shall also be competent to cancel them or to modify them by issuing appropriate cancellation or erratum notification as the case may be.18. Maintenance of Registers.- The following registers shall be maintained in all the offices dealing with land acquisition work. (a) A special Register of Land Acquisition Cases in Form No. 19. (b) A award Register in Form 20. (c) A register of Land Acquisition Suits in Form No. 21. (d) A register of claims made by interested parties in Form No. 22. (e) A register of reference applications filed by awardee in Form No. 23. 2 [(f)A register of applications for re-determination of compensation under Section 28 A filed by persons interested in Form No. 10 (aa)).1. Added by Noti. G.O. (P) No. 105/99/TD dt. 29-3-1999 pub. in K.G. Ex. No. 704 dt.6-4-1999 as SRO 322/99.2. Added by G.O. (P) No. 111/94/RD dt. 5-4-1994 pub. in K.G. Ex. No. 317 dt. 8-4-1994 as SRO 427/94. 9
  10. 10. Appendix (The Forms given in this Appendix may be used for the purposesmentioned therein with such variations as the circumstances of each case mayrequire without affecting the substances thereof). Form No. 1 (See Rule 3) In exercise of the powers conferred by clause (c) of section 3 of the LandAcquisition Act, 1894 (Central Act 1 of 1894), the Government of Keralahereby appoint the officers specified in column (1) of the Schedule below toperform the functions of a Collector under the said Act within the areaspecified in column (2) thereof and under sub-section (2) of section 4 of thesaid Act authorise them, their servants and workman to exercise the powersconferred by the said subsection in respect of any land within their respectivejurisdiction for the acquisition of which a notification under sub-section (1) ofsection 4 has been published. ScheduleSl.No. Designation of the Officer Area of jurisdiction(1) (2) (3)(1) .. .... ….(2) ……….etc. By order of the Governor, Form 2 [See Rule 4(1)] Form of Requisition for acquisition of land1. Name of District, Taluk and Village,2. Survey Number(s).3. Extent of land to be acquired.4. Purpose for which it is to be acquired.5. (a) Name and designation of the departmental officer, if any, deputed for the joint inspection with the revenue officer. (b) Whether it is necessary to take possession of the land in advance by invoking the urgency clause under section 17 of the Land Acquisition Act. (c) If so, the special reasons to be given in a detailed manner as possible to enable the Government to decide upon the question (d) If the land is to be taken possession of in advance of the award whether the requisitioning officer has gone through the relevant provisions of the Land Acquisition Act and the rules made thereunder and satisfied himself about the need for doing so. (e) Whether interest charge on the compensation amount may be paid from the date of taking possession of the land under the urgency clause. 6. Whether the resolution of the Panchayat or Municipal Council or Corporation undertaking to use the land for the specific purposes etc. is attached. 10
  11. 11. 7. If required on behalf of Panchayat or Municipal Council or Corporation whether the certificates regarding the suitability of the site are appended.8. (a) Whether the sanction of the competent authority has been obtained. (i) for the work for which the land is required, (ii) for the requisition of the land in question. (b) Whether necessary budget provision exists for meeting the cost of acquisition. Certificates1. Demarcation. - That the site was peg marked on the ground and the demarcation approved by a responsible Officer.2. Plan.- That accurate measurements are furnished in the plan attached.3. Objection.- That the objections of the owners have been duly considered and that the selection of another suitable site less open to objection by the owners was found impossible.4. Sanction.- That sanction of the competent authority exists for the work for which the land it required.5. Funds.- That provisions has actually been made in the budget for the cost of acquisition under the head of account" .......... "6. That the acquisition proposal satisfied the conditions prescribed in Rule 2 of the Kerala Municipalities (Acquisition and Transfer of Immovable Properties) Rules, 1962, Section 68 of the Trivandrum City Municipal Act, 1116 or Section 72 of the Calicut City Municipal Act, 1961 (Applicable to Municipal Councils and Corporations Only).7. That the acquisition proposal satisfied the conditions prescribed in Rule 3 of the Kerala Panchayats (Acquisition and Transfer of Immovable Properties) Rules, 1963 (Applicable to Panchayats only).8. That the Panchayat, the Municipality or the Corporation has agreed to abide by the conditions that may be imposed for alienation of the land after acquisition.9. Agreed also to pay such compensation for damage as may be determined under section 48 of the Land Acquisition Act, if there has to be a withdrawal notification. Signature and Designation of the Requisitioning Authority. Form No. 3 (a) [See Rule 5(1)] Form of Preliminary Notification to be Issued by the Land Acquisition Officer under sub-section (1) of the Section 4 Notification No ............ Place ................ Dated......... Whereas the Government of Kerala have in notification No........dates ....... appointed by the ...........to perform the functions of a Collector under the LandAcquisition Act, 1894 (Central Act 1 of 1894); 11
  12. 12. And Whereas it appears to the Government of Kerala that the landspecified in the schedule below is needed or is likely to be needed for a publicpurpose, to wit………………..; Now, therefore, notice to that effect is hereby given to all whom it mayconcern, in accordance with the provisions of sub-section (1) of section 4 ofthe Land Acquisition Act, 1894. Schedule District:Taluk Village or Amsom and Desom: (The extent given is approximate)Serial No. Survey No. Description Extent H.Are Sq. meter ………………… Total …………………. Land Acquisition Officer. Form No. 3 (b) [See Rule 5(2)] Form of Preliminary Notification to be Issued by the Government under sub-section (1) of Section 4 NotificationNo……. Place……... Dated……. Whereas in exercise of the powers conferred by clause (1) of Article 258of the Constitution of India, the President has in notification No. 12011/32/13/84/LRD Dated the 19th January, 1985, published as S.O. 33 (E) in Part II,Section 3, sub-section (ii) of the Gazette of India Extraordinary No. 28 datedthe 19th January 1985 entrusted the Government of Kerala with their consentthe functions of the Central Government under the Land Acquisition Act, 1894(Central Act 1 of 1894), in relation to the acquisition of land for the purposesof the Union, in the State of Kerala; And Whereas, it appears to the Government of Kerala that the landspecified in the schedule below is needed or is likely to be needed for a publicpurpose, to wit for ………………, Now, therefore, notice to that effect is hereby given to all whom it may concern, in accordance with the provisions of sub-section (!) of section 4 of the said Act. 12
  13. 13. Schedule District Taluk Village or Amsom and Desom (The extent given is approximate)Serial No. Survey No. Description Extent H. Are Sq. Meter ………… Total ………… By order of the Governor, Secretary to Government. - Form No. 3 (c) [See Rule 6 (2)1 Form of composite notification to be issued by the Land Acquisition Officer under sub-section (1) of section 4 and sub-section (4) of section 17 NotificationNo......... Place........... Dated ........ Whereas the Government of Kerala have in notification No .............. datedthe............. appointed............. to perform the functions of a Collector under theLand Acquisition Act, 1894 (Central Act 1 of 1894); And whereas it appears to the said Collector that the land specified in theschedule below is needed or is likely to be needed for a public purpose, to witfor.........................................................................................................................; Now, therefore, notice to that effect is hereby given to all whom it mayconcern, in accordance with the provisions of sub-section (1) of section 4 of theLand Acquisition Act, 1894 (Central Act 1 of 1894). In view of the urgency of the case, the Board of Revenue under subsection(4) of Section 17 of the said Act has directed that the provisions of sections 5 Aof the Act shall not apply to this case. Schedule District:Taluk: Village or Amsom and Desom: (The extent given is approximate) Serial No. Survey No. Description Extent H. Are Sq. Meter …………… Total …………… Land Acquisition Officer 13
  14. 14. Form 3 (d) [See Rule 6 (3)] Form of composite notification to be issued by Government under sub-section (1) of Section 4 and sub-section (4) of Section 17 NotificationNo..., Place... Dated... Whereas in exercise of the powers conferred by clause (1) of Article 258of the Constitution of lndia, the President has in Notification No. 12011/32/13/84/LRD dated the 19th January, 1985 published as S.O. 33 (E) in Part II,Section 3, sub-section (ii) of the Gazette of lndia Extraordinary, No. 28 datedthe 19th January, 1985 entrusted the Government of Kerala with their consent,the functions of the Central Government under the Land Acquisition Act, 1894(Central Act 1 of 1894) in relation to the acquisition of land for the purposes ofthe union, in the State of Kerala; And whereas, it appears to the Government of Kerala that the landspecified in the schedule below is needed or is likely to be needed for a publicpurpose, to wit………; Now, therefore, notice to that effect is hereby given to all whom it mayconcern, in accordance with the provisions of sub-section (1) of section 4 ofthe said Act. Under sub-section (4) of section 17 of the said Act, the Government directthat in view of the urgency of the case, the provisions of section 5 A of the Actshall not apply to this case. Schedule District:Taluk : Village or Amsom or Desom (The extent given is approximate) Serial No. Survey No. Description Extent H. Are Sq. Meter …………… Total …………… By order of the Governor, Secretary to Government Form No. 4 (a) [See Rule 7(1)] Notice No ....... Dated ............ Notice is hereby given that the land specified in the appended schedule andsituated in the village of …… in the taluk of in the District of …… is needed oris likely to be needed for a public purpose, to wit for... in accordance with thenotification No …….. published, under sub-section (1) of section 4 of the Land 14
  15. 15. Acquisition Act, 1894 (Central Act 1 of 1894) at pages... of Part 1 of Kerala Gazette dated ..................................................................... daily dated and daily dated .................................................................................. All persons interested in the said land are accordingly required to lodge before the at within 30 days from the date of publication of the above notification, or the giving of this public notice whichever is later a statement in writing of their objections, if any to the proposed acquisition of the said land. Any objection statement which is received after the due date or which does not clearly explain as to how the objection is interested in the land is liable to be summarily rejected. Schedule Serial No. Survey No. Description Extent Name of Reputed required Owners/Interested in hecters Persons Land Acquisition Officer Form No. 4 (b) [See Rule 7 (2)] Notice No.... Dated ............ Notice is hereby given that the land specified in the appended schedule and situated in the village of............ in Taluk of ............ in the District of ................ is needed or is likely to be needed for a public purpose, to wit for ................ in accordance with the notification No ..............published under sub-section( 1) of section 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) at pages .............. of Part I of Kerala Gazette dated............ daily dated .................. and............... daily dated etc. ScheduleSerial No. Survey No. Description Extent Name of Reputed required Owners/Interested in hecters Persons Land Acquisition Officer Form No. 4 (c) [See Rule 8(1) NoticeNo ....... Dated............ Pursuant to the notice in respect of the acquisition of land mentioned in theSchedule below, issued under sub-section (!) of section 4 of the Land AcquisitionAct, 1894 (Central Act 1 of 1894) and under sub-rule (1) or Rule 8 thereof,objections have been received from the following persons: (a) .......................... (b).......................... (c) .......................... (d).......................... 15
  16. 16. 2. Notice is hereby given to the above objectors that their objections willbe enquired into by the……….at……….on………. when they will be at libertyto appear in person or by pleader and to adduce any oral documentary evidencein support of their objections. 3. Copies of the above objections are herewith forwarded to the **.......... ...........who may file, on or before the date specified in paragraph 2 above, astatement by way of answer to the objections and also depute a representativeto attend the inquiry. ScheduleTaluk: District: Village: (The Extent given is approximate)Sy. No. Description Extent (in hecters) Land Acquisition OfficerPlace:Date:** Departmental Officer, or Local Authority as the case may be. Form No. 5 (a) [See Rule 8 (5)] Form of Declaration to be Issued by the Government under Section 6 of the Land Acquisition Act, 1984 when the acquisition is for the purpose of Central Government under the ordinary clause. DeclarationNo ............... Dated .............. Whereas in exercise of the powers conferred by clause (1) of Article 258of the Constitution of India the President has in Notification No. 12011/32/13/84/LRD dated the 19th January, 1985 published on S.O. 38(E) in Part II.Section 3 sub-section (ii) of the Gazette of India Extraordinary No. 28 datedthe 19th January, 1985 entrusted the Government of Kerala with their consent,the functions of the Central Government, under the Land Acquisition Act, 1894(Central Act 1 of 1894) in relation to the acquisition of land for the purpose ofthe Union in the State of Kerala; And whereas under sub-section (1) of section 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) notification No……….dated the……….in respect of the land specified in the Schedule below has been published as SRO No………. in the Kerala Gazette No……….dated the………. And whereas, the Government of Kerala are satisfied that the said land hasto be acquired for a public purpose. Now, therefore, the Government of Kerala hereby declare under section G of the Act that the land specified in the schedule below and measuring ……….hectares ……….ares be the same a little more or less, is needed, for a public purpose, to wit……….and under section 7 of the said Act direct the……….to take order for the acquisition of the land. 16
  17. 17. A plan of the land is kept in the Office of the ........ and may be inspected atany time during Office hours. ScheduleTaluk District Village or Amsom and Desom, (The extent given is approximate)Serial No. Survey No, Description Extent Hectare Are Sq.m ……….………. Total ……….………. By order of the Governor, Form No. 5 (b) [See Rule 8 (5)] Form of Declaration to be Issued by the Government under Section 6 of the Land Acquisition Act, 1894 when the acquisition is under the urgency clause DeclarationNo... Dated... Whereas, in exercise of the powers conferred by clause (1) of Article 258of the Constitution of India the President has, in notification No. 12011/32/13/84/LRD dated the 19th January. 1985 published as S.O. 33 (E) in Part II.section 3 sub-section (ii) of the Gazette of India Extraordinary No. 28 dated the19th January, 1985 entrusted the Government of Kerala, with their consent, thefunction of the Central Government under the Land Acquisition Act, 1894(Central Act I of 1894) in relation to the acquisition of land for the purpose ofthe Union in the State of Kerala; And whereas under sub-section (1) of section 4 of the Land AcquisitionAct, 1894 (Central Act 1 of 1894) notification No………. date……….....inrespect of the land specified in the schedule below has been published as S.R.O.No……….in the Kerala Gazette No……….dated the………. And whereas, under sub-section (1) of section 17 of the said Act the Government of Kerala have directed that in view of the urgency of the case the provisions of Section 5 A of the Act shall not apply to the land specified, in the schedule below; And Whereas, the Government of Kerala are satisfied that the said land has to be acquired for a public purpose; Now, therefore, the Government of Kerala hereby declare under section 6 of the Act that the land specified in the schedule below and measuring………. hecters………. ares be the same a little more or less, is needed for a public purpose, to wit……….and under section 6 of the act, direct the……….to take order for the acquisition of the land. Further, under sub-section (1) of 17
  18. 18. section 17 of the said Act the Government direct that the Collector may takepossession of the land on the expiry of fifteen days from the date of publicationof the notice mentioned in sub-section (1) of section 9 of the Act, A plan of the land is kept in the office of the...... and may be inspected-atany time during office hours. ScheduleTaluk: District Village or Amsom and Desom: (The extent given is approximate)Serial No. Survey No. Description Extent (in H/are). By order of the Governor Form No. 5 (c) [See Rule 8 (5)] Form of Declaration to be issued by the Secretary, Board of Revenue under section 6 of the Land Acquisition Act, 1894 when the Acquisition is under the ordinary clause DeclarationNo........... Dated the............ Whereas, under sub-section (!) of section 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) Notification No dated .........in respect of the landspecified in the schedule below has been published; And whereas the Board of Revenue is satisfied after considering the reportmade by the Land Acquisition Officer under sub-section (2) of section 5 A ofthe Land Acquisition Act, 1894 (Central Act 1 of 1894) that the land specifiedin the schedule below has to be acquired for a public purpose; Now, therefore, the Board of Revenue hereby declares under section 6 of the Act, that the land specified in the schedule below and measuring………. hecters……….ares, to be the same a little more or less, is needed for a public purpose, to wit……….and under section 7 of the Act, direct the ……….to take order for the acquisition of the land. Apian of the land is kept in the office of the ..............and may be inspectedat any time during office hours. ScheduleTaluk: District Village or Amsom and Desom: (The extent given is approximate) Serial No, Survey No, Description Extent H. Are. Sq. m. ………. Total ………. Secretary, Board of Revenue 18
  19. 19. Form No. 5 (d) [See Rule 8 (5)] Form of declaration to be issued by the Secretary, Board of Revenue under section 6 of the Land Acquisition Act, 1894 when the acquisition is under the urgency clause DeclarationNo............ Dated ................. Whereas, under sub-section (1) of section 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) Notification No ........dated the............. in respectof the land specified in the Schedule has been published........... And whereas under sub-section (4) of section 17 of the Land AcquisitionAct, 1894 (Act 1 of 1894) the Board of Revenue has direct that in view of theurgency of the case, the provision of section 5A of the said Act shall not applyto the land specified in the schedule below; And whereas, the Board of Revenue is satisfied that the said land has to beacquired for a public purpose; Now, therefore, the Board of Revenue hereby declares under section 6 ofthe Act, that the land specified in the schedule below and measuring……….hectares ……….ares; be the same a little more or less is needed for a publicpurpose to wit and under section 7 of the Act direct the……….to take order forthe acquisition of the land. Further under sub-section (1) of section 17 of theAct the Government direct that the collector may take possession of the land onthe expiry of fifteen days from the date of publication of the notice mentionedin sub-section (1) of section 9 of the Act. A plan of the land is kept in the office of the .......and may be inspected at any time during office hours. ScheduleTaluk: District Village or Amsom and Desom: (The extent given is approximate) Serial No. Survey No. Description Extent H. Are. Sq. m. Total Secretary, Board of Revenue Form No. 6 [See Rule 9 (2)] NotificationNo............ Place, dated ............... Under sub-section (1) of section 48 of the Land Acquisition Act, 1894(Central Act 1 of 1894) the Government of Kerala hereby withdraw from theacquisition of the land/lands mentioned in the Schedule hereto annexed inrespect of which land acquisition proceedings were initiated by the issue of theNotification No……….dated ……….under sub-section (1) of section 4 thereofpublished. at page……….of part……….of the Kerala Gazette 19
  20. 20. dated……….and the Declaration No………. dated ………. under section 6 ofthe said Act published at page……….of……….the Kerala Gazettedated……….and………. Schedule DistrictTaluk Village:SI.No. Sy. No. Description Extent By order of the Governor Secretary to Government Form No. 7 [See Rule 9 (3)] Draft form of agreement under the Land Acquisition Act, 1894 for the acquisition of land for public purpose other than for the purpose of State Government or Central Government Articles of Agreement made this the ........ day of........... 19........... between ........... (here enter the name of the Institution/Association/Local Authority) ...registered under .............and having its office at ............(hereinafter called "theBounden") of the one part and the Governor of Kerala (herein after called "theGovernment") of the other part. Whereas upon the application of the Bounden the Government haveagreed to acquire on behalf of the Bounden under the provisions of the LandAcquisition Act, 1894 (Central Act 1 of 1894) the land described and alienatedin the schedule hereto annexed and situationin……….Village……….Taluk……….District, it having been shown to thesatisfaction of the said Government that the proposed acquisition is needed forthe construction of a work likely to prove/useful to the public namely orfor a purpose calculated to promote and develop agricultural industry or co-operation and whereas the said Government have called upon the Bounden toenter into the agreement with the Government as hereinafter contained. Nowthese presents witness and it is hereby agreed of and declared as follows:- 1. The Bounden shall deposit with the Collector (Land AcquisitionOfficer) at the time of execution of the agreement or at any other date to befixed by the Collector (Land Acquisition Officer), the following amounts:- (a) The estimated amount of compensation as may be provisionally fixed by the Collector (Land Acquisition Officer), and the estimated amount of establishment charges likely to be incurred by the Government in connection with this acquisition to be provisionally fixed by the Collector (Land Acquisition Officer). (b) The decision of the collector (Land Acquisition Officer) regarding the estimated amounts under this sub-clause shall be final and legally binding on the Bounden. 2. After adjustment of the amount so deposited, the bounden shall pay tothe Government before the said land transferred to the bounden the excess, ifany, of the cost of the land as settled by the Collector (Land AcquisitionOfficer) 20
  21. 21. or if reference is made to the Court by the final court of appeal all costs ofacquisition inclusive of all payments and allowances in respect thereof payableunder the said Act and all Court costs and Pleaders fee etc., incurred by thesaid Government in defending the references, if any, made to the court asaforesaid and on appeal or appeals filed in connection therewith and all costs,pleaders fee etc., payable or paid by the said Government to the claimant in thesaid matters and also of the amount of establishment charges incurred by theGovernment as finally settled by the Collectors (Land Acquisition Officer), TheGovernment shall not be bound to give possession of the land until all the saidmoneys have been paid and may withdraw from the acquisition and in case ofwithdrawal in Bounden shall be liable to indemnify the Government against allexpenses incurred and damage sustained as a result of anything done by themin the matter of acquisition till the date of withdrawal. The decision of the Government regarding the amounts payable by theBounden upon such withdrawal shall be final and legally binding on theBounden. Upon such payment by the bounden the Government shall executeand do all such acts, deeds, matters and things as may be necessary or properfor effectively vesting the said land in the Bounden and giving the Bounden anabsolute title thereto subject to the payment of an assessment or ground rent ashereinafter provided. 3. The terms upon which the said land shall be held by the Bounden are; (a) that the land shall be used for the.......... ; (b) That the Bounden shall pay to the Government annually the appropriate assessment or ground rent, as the case may be, on land which shall be liable to revision at any general revision of the land revenue assessment; (c) that the Bounden shall not except with the previous sanction of the Government, use the land for purpose other than that for which it is acquired; (d) that the Bounden shall erect or provide the dwelling houses oramenities directly connected therewith within a period of years from the dateof transfer of the land to it subject to the conditions and in the manner specifiedbelow; (e) the Bounden shall execute the work for the construction of which the land is acquired within a period of. ........ years and maintain it subject to the following conditions:- (f) that the Bounden shall allow the public to use the work on following terms:- (here enter the special clause if any, to be provided in each case on its merit). That in the event of the Bounden being wound up or in the event or failure on the part of the Bounden to carry out the terms of agreement, that is to say.... the land shall be liable to resumed and taken back by the Government on payment to the Bounden of the amount of the award as finally settled less the 30 per cent awarded for compulsory acquisition or estimated market value of land at the time of resumption which ever shall be less and if there are any buildings on the land the Government may at their option either purchase the buildings on payment of their estimated value at the time or direct the Bounden to remove the buildings at its own cost with him such time as may be allowed by the Government. 21
  22. 22. That in the event of the voluntary relinquishment of the land by theBounden as not required for the purpose for which it was acquired theGovernment may resume the land if it is required for a public purpose/or if theyconsider that it should be returned to the original owner. If the Governmentdecide not to exercise this power and inform the Bounden accordingly, the latermay disposses of the land in any manner it likes. In the event of the resumptionof the land under this condition, the compensation payable to the Bounden shallbe the value of the land at the time of resumption whichever may be lesstogether with the value of the building and other improvements at the time ofresumption. If there are building on the land which the Government do notrequire the institution shall remove them at its cost; (g) that the Government shall have the right to resume the land if theBounden does not use the land for the purpose for which it was acquired withina period of year or such period as further extended by the Government to bereckoned from the date on which the Bounden was placed in possession of theland; (h) that the Bounden shall allow any officer of the Land RevenueDepartment not below the rank of a Village Assistant, whenever, required toenter upon the land for the purpose of verifying whether matters provided for inthe agreement have been complied with. 4. All the costs and expenses of, and incidental to the preparation andexecution of this agreement excluding stamp duty but including costs of regis-tration if registration is required by the Government shall be paid by theBounden. 5. All sums found due to the Government under or by virtue of thisagreement shall be recovered from the Bounden and its properties movable andimmovable, as if such sums are arrears of land revenue under the provisions ofthe Kerala Recovery Act, 1968 and in such other mariner as the Governmentmay deem Fit. In witness where the seal of the Bounden hath hereunto been affixed and the indenture executed for land on behalf of the Bounden by ... and Sri ............. by order and direction of and acting for and on behalf of the Governor of Kerala hath hererunto set their hands the day and the year first above written. (Here enter Schedule above referred to) Registration District: Sub District: Name of Village and Town: Description of land-wet or dry with Sy. Nos. Boundries and area etc.. Signed by Sri ........... {in the presence of witnesses) Witnesses: 1. 2. Signed by Sri (in the presence of witnesses) 1. 2. 22
  23. 23. Form 8 [See Rule 10 (2)]. Valuation of Statement of Lands Proposed to be Acquire for…………SL.No Taluk Village Survey Tenure Classification Land Sub division No. or letter Are under Rate per Amount acquisition H.Are of Hect.Are Sq.M. estimated Rs.P Compens ation Rs.P (1) (2) (3) (4) (5) (5a) (6) (7) (8) Form No.8- (Contd.) Trees BuildingsDescription No Amount of Descri Amount of Total of 30% of Total Columns estimated ption estimated Columns solatium on (14) +(15) compensati compensation (8), (11) market value on Rs.P Rs.P and (13) shown in Rs.P column (14) (9) (10) (11) (12) (13) (14) (15) (16) Form No.8 -(Contd.)Name of Pattadar Name of person in possession Remarks (17) (18) (19) Revenue Inspector Valuation Assistant Land Acquisition Officer 23
  24. 24. Form No. 9(a) [See Rule 11 (1)] Notice under section 9(1) of the Land Acquisition Act, 1894 (Central Act 1 of 1894) Notice is hereby given that the Government intend to take possession ofthe land mentioned in the list below, which is required for a public purposeunder the Land Acquisition Act, 1894(Central Act 1 of 1894). All personsinterested in the Land are required to appear in person or by authorised agenton……………..before the…………. at…………..(Place) and to state/put in astatement in writing signed by themselves or their agents, showing the natureof their respective interests in the land, the amount and particulars of theirclaims to compensation for such interests, in the land and their objections, ifany, to the measurements made under Section 8 of the Act. Particulars of Land Name of owner, occupier, or Description Survey Extent other persons interested on the of land NumberDistrict and Taluk land or entitled to act for persons so interested VillagePlace: Land Acquisition OfficerDate: Form No. 9 (b) [See Rule 11(2)] Notice under section 9 (3) of the Land Acquisition Act, 1894 (Central Act 1 of 1894) Notice is hereby given that the Government intend to take possession of the land mentioned in the list below which is required for a public purpose under the Land Acquisition Act, 1894 (Central Act 1 of 1894). You are hereby required to appear in person or by authorised agent on……………before……………at……………(place) and to state/put in a statement in writing signed by you or your authorised agent showing the nature of your interest in the land, the amount and particulars of your claim to compensation for such interest and your objection if any, to the measurement made under section 8 of the Act. 24
  25. 25. Particulars of the LandDistrict Name of owner, occupier, or other persons interested Descriptio Survey ExtentTuluk and n of land in the land or entitled to act NumberVillage H.A. Sq.M for persons so interestedPlace: Land Acquisition OfficerDate: Form No. 10 [See Rule 12(1)] AwardNo. Made by - Under section 11 of the Land Acquisition Act, 1894 (Central Act 1 of 1894). Whereas an extent of land measuring ............. and situated in the Villageof............ in the Taluk of. .............. in the District of. ................and registered inthe name of, or occupied by the persons specified below has been declared byGovernment at page of. ..................... of the Gazette, Part ......................... dated........................................................... daily dated ...................................... and……………daily dated ..................... to be needed for the undersigned after fullenquiry into the case and on due consideration of the various circumstancesconnected with the acquisition as hereto before set forth make the followingaward under his hand: (i) The true area of the land in hectares/ares (ii) The compensation allowed for the land is Rs......as shown below: (a) value of the land at Rs ........ per hectare/are (b) value of improvements (c) value of buildings, wells, crops, trees etc. (c) market value of land (total of a, b and c) (iii) increase on market value [item ii(d)] at 12 per cent per annum under section 23 (1A) for the period ............ (iv) 30% solatium on market value [item ii (d)] (v) Interest if any, (a) at 9% (specify period) (b) at 15% (specify period)Total -[items (ii) (b) + (iii) + iv +v (a) and (b)]District, Survey Extent Name of RegisteredTaluk and Number holder or occupierVillage (2) (3) (4) (1) 25
  26. 26. (vi) The persons or person to whom the compensation is due. Serial Number______________ Name_________________Rs. P.The undersigned certifies that: (a) notices have been promulgated or served in accordance with section 9of the Land Acquisition Act and that evidence for such promulgation or serviceforms part of the record. (b)There is a plotted plan of the land or lands to be acquired. Land Acquisition Officer. Form No. 10 (a) [See Rule 12 (5)] Agreement to be executed when land is acquired for public purposes by agreement between the persons interested and the Acquiring body An agreement made this ............day of. ...........19 .............between .............hereinafter called the Owner (which expression shall unless repugnant to thecontext or meaning thereof include his heirs, executors and administrators) and................ hereinafter called the Interested Party1 (which expression shallunless repugnant to the context or meaning thereof include their successors andassignees (to be scored out if there is no interested party) on the one part andthe Governor of Kerala acting through…………… hereinafter called theGovernment on the other part. AND WHEREAS the right, title and interest of the owner/owners and theinterested part/parties in the following land/lands hereinafter called the saidland/lands is/are as specified below: (a) Owner/owners being the absolute owner/owners of the property orhaving an interest therein capable of leading to ownership ultimately,hereinafter mentioned and hereby conveyed in the following shares, that is tosay: (1).............................. s/o ........................... share ........................... (2).............................. s/o ........................... share ........................... (3).............................. s/o ........................... share ........................... (b) Where the land/lands are held by the interested party/parties underthe owners named herein above with respective terms and nature of interest: (1)...,......... s/o ..................... Define term and nature of interest .............. (2) ............ s/o ..................... Define term and nature of interest .............. (3) ............ s/o ...................... Define term and nature of interest .............. (To be scored out if there is no interested party) AND WHEREAS the said land/lands have been notified for acquisition under section 4 of the Land Acquisition Act. 1894, under Notification No........ dated...........published on................. AND WHEREAS the owner and the interested party agree to refer the matter to the reference of the Collector and to accept the award to be made thereon as compensation payable under section 23 of the Land Acquisition Act including additional amount ©12% under sub-section (1AJ solatium @ 30% under subsection (2) thereof for the said land/lands and also agree to apportion the same between themselves as stated in detail at the end. 26
  27. 27. AND WHEREAS the owner and the interested persons further agree todeduction of the total amount shown in the award, in case any or all of the saidthing(s) attached to the earth or permanently fastened to anything attached tothe earth is withdrawn with the prior approval of the Land AcquisitionCollector. AND WHEREAS the owner and the interested persons further agree todeduction of the amount to be mentioned in the said award in case they areallowed to harvest the standing crop thereon by the Land AcquisitionCollector. Now therefore, the owner or interested party of hereby agree with theGovernments as follows:- (1) That the Land Acquisition Collector shall be competent to declare theaward as per terms of this agreement without any further enquiry which isrequired to be held under the provisions of the Land Acquisition Act, 1894. (2) If the Government as deems it necessary to take immediate possessionof the land under acquisition even though there is a standing crop on it theGovernment will be entitled to do so provided that compensation for thestanding crop on it the Government will be entitled to do so provided thatcompensation for the standing crop as shown in as per the award is paid. (3) That the owner and the interested party shall not claim any amount inaddition to the amount agreed upon as aforesaid as compensation and accept itwithout any protest. (4) If it hereafter or after the payment of compensation as per the awardtranspires that the owner and/or the interested party is not entitled at all or arenot exclusively entitled to the entire amount of compensation awarded by theLand Acquisition Collector in terms of this Agreement in respect of the saidland/ lands as mentioned at the end, the Government is required to pay anycompensation to any other person, the owner and the interested parry shall ondemand refund to the Government the entire amount of money received bythem or such amount as may be determined by the Land Acquisition Collectoras refundable by them to the Government and shall also indemnify jointly andseverally the Government against any claim or compensation or part thereof byany other persons and against all proceedings and liabilities of any loss ordamage suffered or any costs, charges or expenses incurred by Government byreason of the payment to them and the owner and the interested party shall paythe interest at the rate of 9% on the amount so refundable for the first year andthe rate of 15% for the subsequent years. (5) If the owner/interested party fails to refund to the Government the amount mentioned in the preceding Para, the Government shall have the full right to recover the same as arrears of land revenue or to proceed under any law in force for recovery of such amount. 27
  28. 28. (6) Without prejudice to any other remedies for the enforcement of anyrefund or indemnity the Government may recover any sum determined andcertified by the Land Acquisition Collector to be due and payable by the ownerand interested party to the Government by way of refunded or otherwise underthese presents an arrear of land revenue. (7) If any Government dues/shares/premium from this land/lands arepayable by the owner or interested party and the loans of any public financialinstitutions are outstanding against the land/lands the same shall be deductedfrom the said compensation amount that may be awardable under thesepresents. (8) The Government shall bear the stamp duty payable in respect of thisagreement (Schedule of the land/lands) Area ................................ acre/ha. Village ................... Taluk/Tahsil.......... District. Crop Detail of Total stan other compensati ding things on payable there attached to on the earth Details of lands if it is part (showing four boundaries Amount of compensation Amount of compensation person (s) whom payable comprised on col. 1+2+3 hi f dj i i Name and address of the Compensation for land of the survey number d h f Survey No. (4+6+8) Details Details Are d d(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Signed by the owner of the land and the interested party and the AcquiringAuthority on behalf of the Governor. Land Owners /Interested Parties Government 1. Full name 2. Designation 3. Witness 1 2 3 28
  29. 29. 1 [FormNo.10 (aa)] (See Rule 12 A) Register of applications received and disposed of under section 28 A. 1. Serial No. 2. Date of application 3. Name of applicant (with address) 4. Detail of documents of evidence, if any 5. L.A. Case No. 6. No. and date of award under Section 11 7. LAR Case No. and date of award of Court onthe basis of which enhancement claimed. 8. Date of issue of notice to the persons interested 9. Date of hearing 10. Nature of disposal 11. Date of approval of award under section 28A, by Competent Authority 12. No. and date of award under section 28 A 13. Amount awarded by enhancement and rate of land value 14. Whether court deposit, revenue deposit or payment to party 15. D form Cheque No, and date of issue 16. Date of payment of adjustment in the treasury 17. Date on which documents etc. are returned to the petitioner 18. Signature of the petitioner with date in token of having received back documents etc. 19. Initial of Land Acquisition Officer with date 20. Remark regarding other mode of payment, if any] Form No. 10 (b) [See Rule 13 (1)1 Notice of Award under section 12 (2) of the Land Acquisition Act, 1894 (Central Act 1 of 1894) Notice The following award has been passed by the undersigned in the matter ofthe acquisition of the lands noted below and situated in Village ..............Taluk.…….Survey Number Extent Amount Persons to whomand sub. division awarded award is madeNo Are Sq. M Rs.I. Added by Noti. G.O. (P) No. 111/94/RD dt. 5-4-1994 pub. in K.G. Ex. No. 317 dt. 8-4-1994 as SRO 427/94. 29
  30. 30. You are hereby informed that you should appear either in person or by anauthorised agent before the undersigned on ... at...........and receive the amountspecified above, failing which the said sum of money will be kept in RevenueDeposit and will bear no interest.Place: Land Acquisition OfficerDate: Designation 1 [Form No. 10 (c) [See Rule 12A] AwardNo.Made byUnder section 28 A of the Land Acquisition Act, 1894 (Central Act 1 of 1894).The amount of compensation awarded in L.A. Case No .............. by the undersigned in respect of the Scheduled landed property including improvements/structures is re-determined in the name of the person/persons interested asdetailed below on the basis of the award of the Court in LAR Cases No............. I. (i) The true area of the land in hectares/ares (ii) Amount of compensation awarded by the Land Acquisition Officer in L.A. Case No ........... (a) Value of the Land at Rs .............. per hectare/ares (b) Value of improvements (c) Value of buildings, wells, crops, trees etc. (d) Market Value of land (total of a, b and c) (iii) Increase on market value [item No. ii (d)] at 12 percent per annum under section 23 (I A) for the period............. (iv) 30 % solatium on market value [item No ii (d)] II. (i) Amount of compensation awarded by the Sub-Court................in LAR Case No ........... (a) Value of land at Rs ... per hectares/ares {b) Value of improvements (c) Value of buildings, wells, crops, trees etc. (d) Market value of land (total of a, b and c) (ii) Increase on market value [item No. i (d)] at 12" per cent per annum under section 23 (A) for the period ....... (iii) 30 % solatium on market value [item No. i (d)] III. (i) The true area of the land in hectares/ares (ii) The compensation re-determined for land is as shown below (a) Value of the land Rs.......per hectare/are 1. Added by Noti. G.O. (P) No. 111/94/RD dt. 5-4-1994 pub. in K.G. Ex. No. 317 dt. 8-4-1994 as SRO 427/94. 30
  31. 31. (b) Value of improvements (c) Value of buildings, wells, corps, trees etc. (d) Market value of land (total of a, b and c) (iii) Increase on market value [item No. ii (d)] at 12% per annum under section 23 (1AJ for the period ......... (iv) 30 % solatium on market value [item No. ii (d)]District Taluk Survey No. Extent Name of registered and Village holder or occupier (D (2) (3) (4)(v) (a) Amount of compensation already paid :(b) Balance amount to be paid on re-determination :(vi) The person or persons to whom the compensation is due : SI. No. Name Rs. P The undersigned certifies that notices have been promulgated or served onthe persons interested and that evidence for such promulgation or service formspart of the record Land Acquisition Officer] Form No. 11 [See Rule 13 (2)] NoticeNo............ The following award has been passed by the undersigned in the matter ofthe acquisition of the lands noted below and situated in Village .........................Taluk...Survey Number Extent Amount Persons to whomand sub. division awarded Rs. award is madeNo Are Sq. M You are hereby informed that the amount shown above has been depositedin the Treasury as Revenue Deposit.Place:Date: Land Acquisition Officer. Designation 31
  32. 32. Form No.11 (a) [See Rule 14 (4)] Stock Register of From D Cheques in the Office of the………. Receipt into stock Issue from stock Nos. Sl.No. of Sl.No. Forms Date Nos. of Forms From To From To Balance of Stock of receipt into stock or Initials of the Land Acquisition Officer From who received issue from stock Books Books FormsDate(1) (2) (3) (4) (5) (6) (7) (8) (9) 32
  33. 33. Form No. 12 [See Rule 15(3)] (Notice of taking over possession of the land to all interested persons) No........To Take notice that the below noted property has been acquired byGovernment under the Land Acquisition Act, 1894 (Central Act, 1 of 1894)for…………..as per notification in the Kerala Gazette dated…………..atpage…………..part…………..daily dated…………..and dailydated…………..and that you should vacate and deliver possession of it beforethe evening of the…………..to the…………..who has received necessaryinstructions in the matter. If you fail to do so the …………..will be addressed toenforce the surrender of the property to this Department under section 47 of theLand Acquisition Act.District Village Survey No. Extent H.A.Place:Date: Land Acquisition Officer. Form No. 13 [See Rule 15 (3)] Notice of Intimation of taking over possession of the property to requisition bodyNo, Office ............Form The Land Acquisition Officer ……………………………..To ……………………………. Reference: Acquisition of the land for. .......... Sir, With reference to the correspondence ending with........ letter No........ lamto inform you that ..........hectares .......... ares of land have been acquired on behalf of your department. Please arrange to depute an Officer of your department to take possessionof the land from the Revenue Inspector of………………at………………on………………19………………If the property is not takenover on the appointed date, watchers will be appointed to look after theproperty at the cost of your department. Yours faithfully, Land Acquisition Officer. 33
  34. 34. Name and Designation of the (1) Officer who made the award Date of award (2) Name of the sub district and (3-a) village Name of the Land if any (3-b) Survey No. or Sub No. (3-c)34 North (3-d) Form No.14 [See Rule 15 (6)] East (3-e) South (3-f) Form of intimation to Sub-Registrar Name and Description of property acquired West (3-g) Extent (3-h) Classification of land as wet, dry (3-i) or garden
  35. 35. Form No. 14 (Contd..)Nature of the interest in Name and description of person to whomimmovable property transferred, the property belongedthe purpose, etc.(4-a) (4-b) (4-c) (4-d) (5-a) (5-b) (5-c) (5-d) (5-e) (5-f) (6)Note:- A copy of this return should be sent to every Sub Registrar in whose subdistrict any portion of the property referred to in the award is situate. 35
  36. 36. Form No. 15 (See Rule 16) Form for Reference to Court. In the Court of the District/Subordinate Judge of …………………..Reference made under section …………………. of Central Act 1 of 1894. By whom referred (name and designation of the referring officers) No.and date of reference Sl.No……………………… of Award No……………. Dated……………… Village: Taluk:Particulars of land Particulars Particulars of Date ofacquired of trees, Compensation Possession under buildings, awarded under the Act wells etc. section 11Sy. No. Nature Extend (1) (2) (3) (4) Hect. AresDry, Wet Land valueGarden Damagesor Inam 30% solatium 12% increase Interest Nature of persons interested Description and Address (5) (6)Reasons for referenceSchedule of information under clause (2) of section 19 attached in a separatesheet. Signature and Designation of the Referring Officer Form No.16 (See Rule 16) Schedule of Information for reference to CourtsFrom Whom Date of Date of receipt Abstract of Remarks statement statement(1) (2) (3) (4) (5)Date…………….19…………… Land Acquisition Officer 36
  37. 37. Form No. 17 (See Rule 16) Form of schedule of information for reference to CourtsDescription Date Name of When received How servedof Notice personNotice underSection 9 (3)and 10 of theActNotice underSection 12(2) ofthe ActDate .............. 19 .............. Land Acquisition Officer Form No. 18 (See Rule 17) Cancellation NoticeThe Government of Kerala cancels The Land Acquisition Officer cancels the proceedings under the LandAcquisition Act, 1894 (Central Act 1 of 1894), for the acquisition of the Landspecified below undertaken in pursuance of the notification under section 4 (I)of the Land Acquisition Act published at page ............of Part ..................of theKerala Gazette dated.................... and .................... daily dated. ....................and .............. daily dated ............... The Lands in question have since been foundto belong to the Government/devolved on the Government and no acquisitionproceedings are necessary or applicable.District:Taluk:Village:Description of Land with Survey Number Secretary to Government Designation of Land Acquisition Officer. 37

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