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Transportation Engineering – II (Town Planning)
1/7/2018
Prof. S.K. Patil, www.skpatil.com 1
.
Course Learning Outcomes:
• At the end of this session, the student will be able to explain
clauses in Land Acquisition Act
Land Acquisition Act
Prof. (Dr.) Sachin Kishor Patil
B.E. Civil, M.E. Civil Environmental Engineering, Ph.D. (IIT, Bombay)
❑ Professor & Head of Department
❑ Department of Civil Engineering
❑ AMGOI, Vathar, Kolhapur, MH, India.
1/7/2018
Prof. S.K. Patil, www.skpatil.com 2
Disclaimer and acknowledgment
The study material presented by Prof. S K Patil is licensed under
The study material presented herewith is web sourced made
available for community use under Creative Commons Attribution-
NonCommercial-ShareAlike 3.0 unported License.
If you feel the ownership of some of the content, I can acknowledge
or remove as the case may be. Permissions beyond the scope of this
license can be requested at www.skpatil.com
Development control rules
3
Types of Development Controls
 1) Town and Country Planning Act
 2) Zoning Regulations
 3) SLUM Clearance Act
 4) Building Bye-laws
 5) Periphery Control Act
 6) Land Acquisition Act
1/15/2018Prof.S.K.Patil,www.skpatil.com
Development control rules
4
 Land Acquisition Act
 This Act contains 55 Sections.
 It came into force from 1-3-1894.(amended 1984)
 Objective: Empowers Government to acquire private land
only for public purpose or a company.
1/15/2018Prof.S.K.Patil,www.skpatil.com
DCR- Land Acquisition Act
1/15/2018Prof.S.K.Patil,www.skpatil.com
5
Important ingredients Section 4:
Need for public purpose.
Intention to acquire land.
Empowers authorised officer to enter upon the land to perform all
acts contemplated under the Act.
Publication of Notification in official Gazette and in two daily news
papers of which at least one shall be in regional language and
causing publication of substance of Notification in the locality.
Avoid to notify Government lands, assigned lands and ceiling
lands.
Date of publication of the Notification crucial for determination of
the market value of the land.
DCR- Land Acquisition Act
6
 Payment of damages Section 5 :
 Section 5 of the Act postulates payment of compensation for damage
done to land during the course of surveying it and doing all other acts
under the Act.
 Decision of the Collector is final in the matter of sufficiency of
compensation for damages.
1/15/2018Prof.S.K.Patil,www.skpatil.com
DCR- Land Acquisition Act
7
 hearing objections Section 5A:
 Any person interested object to the acquisition of the land within 30
days from the date of publication of 4(1) Notification.
 It shall be made to the Collector in writing.
 The Collector shall give an opportunity to such person or any person
authorized by him or pleader.
 After making further, if any, necessary enquiry, make a report to
Government with recommendations together with Record of
Proceedings.
 Decision of the Government is final
1/15/2018Prof.S.K.Patil,www.skpatil.com
DCR- Land Acquisition Act
8
Section – 6 : Declaration of Intended Acquisition
 Declaration that the land is required for a public purpose.
 After considering the report under Section 5(A) within one year from the date
of publication of the Notification .
 Draft shall be published in –
 The Official Gazette
 Two daily newspapers circulating in the locality, in which the land is situated
and at least one of them shall be in regional language.
 Shall cause Public Notice of the substance of the Declaration at convenient
places in the said locality.
1/15/2018Prof.S.K.Patil,www.skpatil.com
DCR- Land Acquisition Act
9
Section – 9 : Notice to concerned
 Declaration that the land is required for a public purpose.
 After considering the report under Section 5(A) within one year from the date
of publication of the Notification .
 Draft shall be published in –
 The Official Gazette
 Two daily newspapers circulating in the locality, in which the land is situated
and at least one of them shall be in regional language.
 Shall cause Public Notice of the substance of the Declaration at convenient
places in the said locality.
1/15/2018Prof.S.K.Patil,www.skpatil.com
DCR- Land Acquisition Act
10
Section – 11 : Award by Authority
 On the day fixed, Collector to enquire into the claims and objections of
persons interested with regard to measurements, value of the land
and respective claims and make an award of –
 - True area of the land
 - Compensation to be allowed
 - Apportionment
 Section 16 Taking possession
 Section 17 Possession in Emergency
 Section 18 Referring to court
1/15/2018Prof.S.K.Patil,www.skpatil.com
DCR- Land Acquisition Act
11
Section – 23: Considerations for compensation
 Market value
 Standing crops
 Land damage
 Damage to property, earnings
 Change of residence
Section – 24 Compensation
Finalized by court
1/15/2018Prof.S.K.Patil,www.skpatil.com

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3.3 land acquisition act

  • 1. Transportation Engineering – II (Town Planning) 1/7/2018 Prof. S.K. Patil, www.skpatil.com 1 . Course Learning Outcomes: • At the end of this session, the student will be able to explain clauses in Land Acquisition Act Land Acquisition Act
  • 2. Prof. (Dr.) Sachin Kishor Patil B.E. Civil, M.E. Civil Environmental Engineering, Ph.D. (IIT, Bombay) ❑ Professor & Head of Department ❑ Department of Civil Engineering ❑ AMGOI, Vathar, Kolhapur, MH, India. 1/7/2018 Prof. S.K. Patil, www.skpatil.com 2 Disclaimer and acknowledgment The study material presented by Prof. S K Patil is licensed under The study material presented herewith is web sourced made available for community use under Creative Commons Attribution- NonCommercial-ShareAlike 3.0 unported License. If you feel the ownership of some of the content, I can acknowledge or remove as the case may be. Permissions beyond the scope of this license can be requested at www.skpatil.com
  • 3. Development control rules 3 Types of Development Controls  1) Town and Country Planning Act  2) Zoning Regulations  3) SLUM Clearance Act  4) Building Bye-laws  5) Periphery Control Act  6) Land Acquisition Act 1/15/2018Prof.S.K.Patil,www.skpatil.com
  • 4. Development control rules 4  Land Acquisition Act  This Act contains 55 Sections.  It came into force from 1-3-1894.(amended 1984)  Objective: Empowers Government to acquire private land only for public purpose or a company. 1/15/2018Prof.S.K.Patil,www.skpatil.com
  • 5. DCR- Land Acquisition Act 1/15/2018Prof.S.K.Patil,www.skpatil.com 5 Important ingredients Section 4: Need for public purpose. Intention to acquire land. Empowers authorised officer to enter upon the land to perform all acts contemplated under the Act. Publication of Notification in official Gazette and in two daily news papers of which at least one shall be in regional language and causing publication of substance of Notification in the locality. Avoid to notify Government lands, assigned lands and ceiling lands. Date of publication of the Notification crucial for determination of the market value of the land.
  • 6. DCR- Land Acquisition Act 6  Payment of damages Section 5 :  Section 5 of the Act postulates payment of compensation for damage done to land during the course of surveying it and doing all other acts under the Act.  Decision of the Collector is final in the matter of sufficiency of compensation for damages. 1/15/2018Prof.S.K.Patil,www.skpatil.com
  • 7. DCR- Land Acquisition Act 7  hearing objections Section 5A:  Any person interested object to the acquisition of the land within 30 days from the date of publication of 4(1) Notification.  It shall be made to the Collector in writing.  The Collector shall give an opportunity to such person or any person authorized by him or pleader.  After making further, if any, necessary enquiry, make a report to Government with recommendations together with Record of Proceedings.  Decision of the Government is final 1/15/2018Prof.S.K.Patil,www.skpatil.com
  • 8. DCR- Land Acquisition Act 8 Section – 6 : Declaration of Intended Acquisition  Declaration that the land is required for a public purpose.  After considering the report under Section 5(A) within one year from the date of publication of the Notification .  Draft shall be published in –  The Official Gazette  Two daily newspapers circulating in the locality, in which the land is situated and at least one of them shall be in regional language.  Shall cause Public Notice of the substance of the Declaration at convenient places in the said locality. 1/15/2018Prof.S.K.Patil,www.skpatil.com
  • 9. DCR- Land Acquisition Act 9 Section – 9 : Notice to concerned  Declaration that the land is required for a public purpose.  After considering the report under Section 5(A) within one year from the date of publication of the Notification .  Draft shall be published in –  The Official Gazette  Two daily newspapers circulating in the locality, in which the land is situated and at least one of them shall be in regional language.  Shall cause Public Notice of the substance of the Declaration at convenient places in the said locality. 1/15/2018Prof.S.K.Patil,www.skpatil.com
  • 10. DCR- Land Acquisition Act 10 Section – 11 : Award by Authority  On the day fixed, Collector to enquire into the claims and objections of persons interested with regard to measurements, value of the land and respective claims and make an award of –  - True area of the land  - Compensation to be allowed  - Apportionment  Section 16 Taking possession  Section 17 Possession in Emergency  Section 18 Referring to court 1/15/2018Prof.S.K.Patil,www.skpatil.com
  • 11. DCR- Land Acquisition Act 11 Section – 23: Considerations for compensation  Market value  Standing crops  Land damage  Damage to property, earnings  Change of residence Section – 24 Compensation Finalized by court 1/15/2018Prof.S.K.Patil,www.skpatil.com