The document discusses the process of land acquisition in India according to the Land Acquisition Act of 1894. Some key points: 1) Land can only be acquired by the government for public purposes by invoking the Land Acquisition Act and providing compensation. The Act allows for both voluntary acquisition as well as compulsory acquisition of privately owned land. 2) There are important stages to the acquisition process including preliminary notification and surveys, declaration of intent to acquire, determination of compensation, and finally taking possession of the land. 3) Compensation for acquired land must be based on the market value of the land at the time of notification, as determined by analyzing sale prices of similar lands in the vicinity. Structures are separately

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1
LAND ACQUITION
SALIENT FEATURES
v. RENGANATHAN
Assistant commission (Retired),
Land Revenue Commissionerate
1
Schedule of Constitution. When the Government desires to acquire a
land, which is not a Government land, for a bonafied public purpose,
it can only be by compulsory acquisition under law, viz. Land
Acquisition Act. Acquisition of land or public purpose in the state is
governde by:
THE LAND ACQUISITION ACT, 1894
(Central Act 1 of 1894)
As amended by the Act 68 of 1984, and
THE LAND ACQUISITION (KERALA)
RULES,1990.
The first piece of legislation in respect
of acquisition of property was the Bengal Regulation 1of 1824.The
first enactment on this subject for the whole of British India was Act.
VI of 1857.The existingAct viz. LandAcquisition Act, 1894applied
orginally to British India only. The native states passed their own
Acts. As far as Kerala is concerned, in the erstwhile T.C. area, Land
Acquisition (Travancore)Act,XI of 1089(ME) and LandAcquisition
(Cochin)Act II ofl070 ME were in prevail. Malabar area was under
the MadrasStateformpart ofBritishIndiaandhenceLandAcquisition
Act,1894 was there in force. A unified Act was come in to force by
the enactment ofKerala LandAcquisition Act,1961and Kerala Land
Acquisition Rules 1962. The Land Acquisition Act, 1894 (Central
Act 1of1894) came into forcein the Statewitheffectfrom 24.9.1984,
by the enactment of Land Acquisition (Amendment) Act 1894 (Act
68 of 1984). By this, the Kerala Land Acquisition Act, 1961 and its
Rules 1962, then in force, were impliedly repealed. The Land
Acquisition (Kerala) Rules, 1990, framed based on the LA Act,
1894,as amended in 1984, was publishedon 18.5.90.
Every developementalprojectof the Governmentneeds
suitable land for its implimentation. Identification of most suitable
land is one of the major hurdles considering the inhabitation and
the topographical situation of land in our state as well. If the most
suitable and identified for the purpose is not already the property of
the Government, acquisition of that will be necessited. Acquisition
of land means and implies acquiring the entire title of the
expropriated owner. It also implies transfer of ownership of the
property leaving nothing to the former.
Land is broadly classified into two; viz. Government
land and Private land. Iffor a public purpose, the most suitable land
is not already the property of the Government, acquisition of that
land is to be necessitated.
The word 'property' indicates only that which can be
acquired, disposed or taken possession of. After the 44thAmendent
of the Constitution (in 1978), Clause(l) of Article 31.was omitted
and re enacted as Article 300A.By this, right to reserve property as
a fundamental right is reduced by that of legal right.
Acquisitioning and Requisitioning of property is
included as item 42 of the concurrent list of (List III) of Seventh
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2. The object of the L.A. Act is to empower the Government to
acquire land for a public puopose. Land can be acquired invoking
the provisions of theAct only for a bonafied public purpose and that
acquisition must be accompained by compensation (Art. 31(2) of
the cons'titution). No acquisition is permissible without a public
purpose. What constitute a public purpose is not well defined in the
Act. There is only an inclusive definition. It is obviously left to the
appropliateGovernmentto declarethepublicpurpose.Beforemaking
a requisition the public purpose involved is to be ensured.
Generall)rinciples
* Existence of a public purpose isa condition precedent to
* compulsary acquisition .
* Acquisitionofland shouldbeonlyon paymentofcompensation
* Compensation.maybejust equivalent ofthe land of which the
owner is deprived
There cannot be any deprivation of property except by virtue
of law
The court has got jurisdiction int<;>the determination of
compensation
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2
Lands givento long-term lease tocompanies, institutions I
etc.
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Bought-in-lands
Lands taken under KLR Act and rcscved for public
purpose
Land once acquired but not put to any use
Escheated lands
Lands vested with L.S.G
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The Land Acquisition Act 55 Sections categorised in 7
parts as follows:
Part I: Definition, Appointment of Collectors and Land Sec. 1-3
Acquisitions Courts
Part II: Preliminary investigation, Notification,
Declaration, Awardand Taking possession
Part 1lI:Reference to Courts, Awardof Court and
determination of compensation
Part IV:Apportionment of compensation Sec.24-30
Part V : Payment of compensation or Deposit Sec.31-32
Part VI: Temporary Occupation Scc.35-37
Part VI: Acquisition of Land for Company Sec.38-44
Part VII: Miscellaneous, Service of Notice, Withdrawal SecA5-55
for Acquisition, Cancellation etc
*
*
Purpose for which L.A Act can apply:
L.~. Act can apply for the acquisition of land for a bonatide
public purposeof Central Govenmlent,StateGovernmentand Public
institution or company.L.A. Act camlOtapply unless compensation
-tobe awarded is paid wholly or partly out of public revenue.
Government lands shalll10t be acquired, such as:
~ Puramboke lands and classifide as Govt. lands
~ Revenue lands (with forest cover) leased out for
cultivation
SecA-17
Sec.18-28

3. " .
IMPORTANT STAGES OF ACQUISITION
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~ Preliminary stage
Publication of Notification
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
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PRILIMINARY STAGE
After identifying a most suitable land for the purpose,
the Requisitioning Department has to makea request under Rule
4(1)in form No.2 to the District Collection Concerned. Administrative
sanction from the Government is to be obtained and the availability of
fund and its budget provision is also to be ensured before making the
request for acquisition of land.
On receipt of the requisition, the L.A.O along with the
Requisitioning Authority to conduct a joint inspection of land which is
peg marked for acquisition. In case the land is required to take possession
in advance by invoking urgency clause uls 17 of the Act, and found that
is a fit case to dispence with the provisions of sec. SA, make a report to
the C.L.R or the Govt.,as the case may be, and obtain sanction to the
effect [Rule 6r/w Sec 17(4)].
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NOTIFICATION STAGE
The object of the notification uls 4(1) of the Act is a public
announcementin respect of that land being needed or likely to be .
needed by Government for a public purpose, and that nOb,odyshould
deal with the land so notified. Encumbrances, if any, created by the
erstwhile owner after the publication of the notification does not bind
the Government.
Publication of preliminary notification calling objections,
if any, has to be done only after proper inspection of the land. In
notifying the land u/s. 4(1) ofthe Act, it is very improtant that the land
under acquisition is not wrongly described, and ensure that the public
roads, streets etc., are not included in the notification for acquisition.
The Act requires 3 modes of publication namely (a) in the official
gazette (b) in two daily newspaper having vide circulation in the
locality, one of which in a regional language, and (c) substance of the
notification in the locality. Though it is not required to be published'
simultaneously, it should be with in a reasonable time. If any mode of
publication is missed, the last date of publication would never exist.
So time for filing objection under section 5A would never start running.
After publication of notification, a notice under rule 7 is to be issued
calling objection, if any, to the proposed acquisition, which is to be
filed within 30 days from the date of notice.

4. I)reparation of notification
Notification maybe prepared inthe form prescribed under the rules
1.For State under ordinary clause Sec.4(1) Rule 5(1) form 3(a)
2. For Central Govtunder ordinary clause Sec.4(I) Rule 5(2)
fonn 3(b)
Sec.4(1) Rule 6(2)
form 3(c)
r/w sec.7(4)
4. For Central Govtunderurgency clause Sec 4(1) Rule 6(3)
form 3(d)
r/w sec 17(4)
Rule 7(1) form 4(a)
Rule 7(2) form4(b)
3. For State under urgency clause
5. Public notice Ordinary clause
6.Public notice urgency clause
Publication of Notification
1. in the official Gazatte .
2. in two local Dailies having wide circulation in the locality
3. Public noti~e in the locality
ENQUIRY ON OBJECTION PETITION
Objection petitions, if any,filed inresponse to thenotification
U/S4(1)aretobe enquiredindetailandtheremarksoftheRequisition
Authority on the objections raised are to be obtained. (Enquiry U/S
5A is a quasi-judicial one and therefore opens to review by
courts).Theenquiry shoulddeal speciallywith the followingclasses
of objection:
4
a.
4
Whether purpose for which land is required is not a bonajide
public pl11pose.
Whether the particular land notified is not the best adapted
for the purpose
Whether the area notified is greater than what is actually
required for the pwpose.
Whether the acquisition of the land or any land in the locality
is desirable or expedient
Whether the land under acquisition is any excess land comes
under ceiling case
Whether there are any ohjectionable elements in or near the
land.
b.
c.
d.
e.
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The Land Acquisition Officer to hear objection, hold enquiry
and scnt a report to the Commissioner of Land Revenue or the
Government, as the case may be, for final orders. Enquiry has to be
conducted only on due notice.
Enquiry II/S. 5A call Itave no application if tlte acquisition is
resorted to u/s. 17 (14)
Notice for hearing of objection Sec. 5A Rule 8 (1) Form 4(c)
Holding enquiry in to objections Sec.5A Rule 8 (3)
(after obtaining remarks of Requisitioning authority)
Detailed survey and Preparation and D.D. recrdsSec.8 Rule 8(4)
Scrutiny and approval of S.D. records by S.S.L.R Rule 8(4)

5. , Survey and Preparation of sub division redords
In view of sec.8 of the Act, accuracy in description of areal
axtent is the condition precedent to acquisition proceedings.
Therefore the land under acquisitiopn has to be ~urveyedin detail
and S.D.recordsprepared.Beforethe surveyoperation,anotification
u/s 6 of the S&B Act, in form 16 of the Survey Manual is to be
published. It can be done simultaneous to the notification u/s 4(1).
The surveysketchand subdivisionrecordshavetobe got scrutinized
bythe SSLRunder theprovisions ofS&B Act andRules, asrequired
by Rule 8(4) of the L.A. Rules.
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DECLARATION STAGE
Publication of Declaration u/s.6 and taking order for the
acquisition of land u/s. 7 of the Act is one of the main statutory
requirements. Land cannot be acquired under the LAAct unless the
Government orthe Additional Commissioner of Land Revenue, as
the case may be, make a declaration u/s. 6 and order u/s. 7 of the
Act. The L.A.O. has toprepare a draft declaration ~nthe appropriate
from prescribed for, and submit for its approval. .
Preparation of Draft Declaration
Draft Declaration may be prepared in the appropriate forms
prescribed by the Rules.
For Central Govt. under ordinary clause
Under urgency clause
Sec.6 Rule 8(5)
Form5(a)
Form 5(b)
5
For State Govt. under ordinary clause
Under urgency clause
Form 5(c)
Form 5(d)
Documents to be accompanied with D.D.for scrutiny and
approval
1. Copy of Requisition
2. Publishec copies ofNotification and publication and public
notice
3. Copy ofB.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
Approval of D.D
Approval of draft declaration shall only be after considering
the report of enquiryu/s 5A.If the acquisition)s not for Government
puupode, approval of draft declaration shall only be on executing
an agreement in form No.7. No declaration shall be made unless
the compensation to be awardeed for such land is to be paid by a
company, wholly or partly out of public revenue or some flmd
controlled or managed by a lacal authority. Declaration Shall be
made within oneyear fromthe date of punlication of nitification. In
computing the period for making the declaration, the period of stay.
order made by a court shall be excluded.

6. Declaration shall be published in Gazatte, two dailies and in
the locality, as in the case of notofocation. Each Notification and
Declaration as it appears in the Gazatte and News papers should
carefully be checked as soon as it has been published and errors or
omission, if any, should be remidied by publication of an erratum
before proceedings are carried further. It is up to the L.A.O theat
the surveyand sub divisions are carried properly based onRevenue
Records and the land is classified as on the position of the date of
notification.
DETERMINATION OF COMPENSATION
An owneer of the land is entitled to the value of the property
at the time of expropriation which takes place at the date of
notofocation uls 4(1)and so the market value of the property to be
determind with reference to the date of the notification. Therefore
compensation to be awarded to the land under acquisition is to be
arrived at based on the prevailing market value ofthe land as on the
date of notification.
Marl{et value of land can be determined based on:
.:. Price paid for the same land
.:. Price paid for similar and similarly situated land in the vicinity
.:. Price paid for adjacent land having same a~vantage
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i) Sale should be with in a reasonable period and it should be bonafid.
ii)Thelandunder acquisitionandthe land selectedasBasis shouldpossess
similar advantage.
iii) Agricultural land to be valued as per expert opinion
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Identification of a basis land similar and similarly situated with in
a short radius with reference to the land under acquisition to arrive at the
market value of the land is one of the prime responsibilities of the Land
Acquisition Officer. Categorising of lands under acquisition according
to its potentially is also most importent . It is an exercise of his own
judgement on his experiences with reference to the data collected from
the interestedpartiesand independentevidenceas well.The compensation
awarded must be a sum, in his opinion, is fair and proper, according to
the recognised principles of valuation, which could be substantiated as
and when called for.He must make himself familiar with the recognised
principles of valuation and must also possess necessary local
knowledgeand business capacityfor applyingthese principles to the facts
of the case. The land selected as 'Basis' and the land under acquisition
should possess similar advantages.The sale relied on should be within a
reasonable period and it should be a bonafid one.Building and structures,
ifany,onthelandwhichcostsmorethanRs. 50001-shouldbevaluedby
the competent Engineers.
Basis for valuation and the Detailed Valuation Statement are to be
got approved by the District Collector.

7. A detailed mahazar should be prepared for the purpose of
valuation-{Rule 10(2)J
Preparation of basis for valuation
Approval of Basis by D.C
Obtaining valuation report of structures from PWD
Preparation ofDVS Rule 10(2)
(I). Matters to be considered Sec 23
(H).Matters to be neglected Sec 24
Rule 10(1)
Rule 10(1)
Rule 10
From No.8
Rule 10(1)
Approval ofD V S 1 Rule 10(3)
Obtaining fund from R.A Rule 12(3)
As soon as the D.V.Sis got approved and required fund
for the payment of compensationisreceivedfromtheRequisitioning
authoyity, an enquiry u/s 11 is to be conducted by the L.A.O.
personally, under due notice. In the absence of sufficient fllnd at
the disposal of the Collector, he shall not make any award.
Award enquiry
A notice of enquiry should be served on all interested
parties under Rule 11(2). A notice should also be given to the
Requisitioning Authority, in case it is a local authority or company
for which land is being acquired, so as to enable them to exercise
the privilege conferred upon it by Sec.50 (2) of the Act.
Notice to be published in the locality Sec 9(1) Rule 11(1)
Notice to be served on all interested parties Sec 9(3)r/w sec.45
Rule 11(2)
7
LAO to enquire in to the measurement, value,claim
and interest of party over the land Sec 11(1)
The L.A.O may, for any cause he thinks fit,adjourn .
the enquiry Sec 13
Local Authority/Companycan adduce evidence for
the purpose of determination of compensation Sec 50
The Collector (LAO) to hold an enquiry under sec.11 of the
Act to pas an Award. Statement of claims received from persons
interested,inresponseto noticeunder rule 11(1)& (2), the Collector
shall enquire in to (a) the objections, if any,'as to measurement of
the land to be acquired (b) the value of the land at the date of
publication of 4(1) notification and (c) the respective interests of
persons claiming compensation. Identification of parties interested
over the compensation is another important factor. Care should be
taken that compensation isnot awarded andpaid to awrong person.
So also, if there is any dispute on the apportionment of compensa-
tion, it is better to take the advantage of Sec. 30 of the Act. Ajoint
award without apportionment is invalid.
SERVICE OF NOTICE
Any laps or latches in the service of notice makes embarassing
situation. Service notice u/s 9(3) read with sec. 45 shopuld be:
.By personal tender, if not possible,
. By service to adult male member of his family, if not,
. Byaffixture. .
. If the person resides else where, by registered post of his
last known address.

8. Persons i/lterestedmea/ls: Titleholder,Occupant,Tenant,Easement
right holder, persons prossessing any kind of interest over the
compensation.
MAKING OF AWARD
The land owner is entitled to be awarded the market value of
the lands, additional market value @ 12% per annum u/s. 23 (IA)
for the periods from the date of publication of notification u/s.4(1)
to the date of award or taking possession of the land,in the case of
advance possession, which ever is earlier, and solatium @ 30% of
the market value u/s. 23 (2) for the compulsory nature of the
acquisition. Ifthe land is taken possession in advance, the awardee
is eligible to get interest at the rate specified for the period from the
date of taking possession to the date of payment. Care should be
taken that additional market value and interest are not paid
concurrently. .
If a land notified for acquisition is found at a later that it is a
government land, no award should be passed, but the proceedings,
taken should be cancelled and a notice in form 18be published.
Preparation of Award
Award should contain:
* True area of the land
* Market value
* Additional market value
* S~latium @ 30%.
Rule 12Frm No: 10Sec 11
@ 12% p.aSec 23(1) A
Sec 23(2)
8
Apportionment aof compensation:
Sispute, if any, on apportionment-Ref.court.
Sec 29
Sec.30.RuleI6
From No:15
Prior approval of award Proviso to Sec II (I) Rule 12
(i) below Rupees i Crore D.C RuleI2(1)(a)
(ii)between 1 Crore and 2 CroresCLR Rule I2(I)(b)
(iii)above 32 Crores Govt. Rule 12« 1)(c)
Passintg of Award Sec.11(1) Rule 12(1)
Awardto be passed within 2 years from the date Sec.11A
Of publication of Declaration
Award not to be passed unless LAO has sufficient
Fund at his disposal
Awardunder agreement between interested parties Sec II (2)
Rule 12(5)Form.10(a)
Rule.12(3 )
And Acquiring Body
Award of the collector is to be final
Notice of Awai.dto interestedparties
Sec 12
Sec 12(2) Rule 13(1)
form 1O(b)
Notice to be served on awardees Sec 45 Rule 13(1)
As well as other persons interested in the land
Tile Collector, after Ile Ilas made Ilis award uls 11, is /lot
compete/lt to ame/ld ;1or make a suppleme/ltary award except ill
tile case of clerical errors or otller mistakes or omissio/l appare/lt
of tileface of the records.

9. Taking possession of land
In taking possession of land and handing over to the
Requisitioning department, it isto be ensured thatthe improvements
shown in the mahazer do agree with that seen in the field. Care
should be taken to deduct the cost of missing improvements, if any,
found at the time of taking possession.
Notice of taking possession ofland to parties Sec 12(2)
Rule 15(3) form 12
Notice to the Requisitioning Authority Rule 15(3) form 13
Enforce surrender of land Sec 47 Rule 15(4)
Advance possession (under urgency clause) Sec 17(2) Rule 15(5). .
Taking possession & Handing over to RA Sec 16 Rule 15(2)
Payment of compensation Sec.14 Rule 14(1)
form D
(within one monthfrom the date of award)
Payment or credit to court to be in favour of presiding
Officer Rule 14(3)
Payment shall be in 'D' Form cheque Rule 15(2)
Notice to parties to whom payment Rule 13(2)
form 11
Could not made
Intimation to Sub Registrar regarding passing of award
. Rule 15(6)
form 14
Preparing Statement of compensation awarded
9
Rule 12(2)
form A
Reference to Court due to dispute
on apportioruTIentof compensation Sec 31 Rule 16
Schedule of information for reference to Court
form 16&17
PREFERENCE TO COURT
If aperson isnot satisfiedbythe amountawarded, but received.
under protest, he has a right to apply for a reference u/s 18 of the
Act. But receiving the payment without any protest and'making an
application for reference immediately there itself is not sufficient
to infer that the amount accepted is under protest. Delay or inaction
for refusingthe case leadto enhancementof compensationand there
by increase the liability of state. Conduct of LAR cases is lead to
enhancement of compensation and there by increase the liability of
state. Conduct ofLAR cases isanother impor!antstage to safeguard
the interest of Government. It should be Properly and promptly
defended, care should be taken to ensure that no case is allowed by.
the court in the absence of state witness or state evidence, resulting
abnormal enhancement of compensation. In all LAR cases the
Requisition Department will also be informed of the different stages
of case in time.
Collectorto filestatementto Court Sec.19 Rule 16(1) form 15 .
(supported by form 16& 17)
Application for Reference to Court u/s 18(1)& .
RuleI6(2) form21 &
form 2328 A (3) to be entered in Register

10. Service of Notice
Award by court
Sec.20
Sec 25
Any delay or reluctance on thepart of RequisitionDepartment
to provide sufficient fund to satisfy the decree create embarrassing
situations. Often the District Administration faces the threat of
attachmcntof Governmentproperties.Toavoidhubgelossofmoney
to the StateExchequer on account of payment properties. To avoid
huge loss of money to the StateExchequer on account of payment
of interest and also attachment of Government properties, the Land
Acquisition Officer isprimarily responsible to see that the amount
is deposited in the Court either by obtaing fund from the
Requisitioning Department or by availing the lump sum provision
chargcd (lI/a. 2075-Misc - 800 -other expenditure 53 Deposit of
decretal amount to Court fee satisfaction of Court Decree.
RE-DETERMINATION OF COMPENSATION
When inan awardtheCourt allowstothe applicantanyamount
of compensation in excess to the amount awarded by the Collector,
the persons interested in all other land covered by the same
notification, who are also aggrieved by the award of the Collector
has a right to file an application for the re-determination of
compcnsation on the basis of the Court award. Application for re-
detenninationof compensationuls28Aonthebasisof a courtaward,
shall be in fonn 22A and the Award in form IO~ and it shall be
within three months from the date of award of the Court. Provided
that the awardees has not availed the provisions of sec.18.
10
(Every award ullder Sec.28A sitall be got approved by tlte competellt
authority subject to the mOlletary limit prescribed)
Acquisition for Company (for the amenities of workmen)
Previous Consent Sec 39
Previous enquiry Sec 40
Agreement Sec 41
Publication of agreement Sec 42
Service of Notice Sec 45
Withdrawal from acquisition
The government is empowered uls 48 to withdraw from
acquisition at any stage before taking possession of the land, if is
found later that the land is no suitable for the purpose or otherwise.
If possession has been taken in advance, the Govt.cannot withdraw
from acquisition uls 48.
Finalization of survey and changes in Revenue records
After the final security of S.D. Records, a notification uls 13
of the S&B Act is to be published and thereafter changes in the
Village Records can be carried out. Then the L.A.O has to submit
L.A.C.M. to the District Collector.
V.Renganathan.

11. APPENDIX -IIA
STAGES IN LAND ACQUISITION CASES
UNDER THE
PERT METHOD
With a view to complete the land acquisition proceedings
expeditiously,the LandAcquisition steps have been divided into 34
activities and aPERT(Project Evaluation Review TechniqueChart)
is drawn up. The different Stages of activities and the time allowed
for each item are given in Appendix I. The PERT chart is given in
Appendix II and an Index checklist is given inAppendix III. These
34 activities have been arranged into 4 stages of action combining
the activities, which can be carried out simultaneously.
(Notification stages)
Immediately on receipt of a requisition through the District
Collector,the Land acquisitionOfficershould conductan inspection
of the land proposed for acquisition, preferably a joint inspection
with the Departmental Officer of the Requisitioning Department
and conduct apreliminary enquiry.This should be completed within
30 days from the date of receipt of Requisition(Activity No.2)
The notificationundersection6 ofthe S&BActtobe published
within 30 days preliminary notification under section 4(1) of the
L.A.Act, 1894 can be published within the next 60 days from the
date oflocal inspection (Activity No. 3&4).
12
As soon as the notification under Section 6 of the S&BAct is
published, the Land can be surveyed and demarcated. 90 days a~
allowed for the field surveyandpreparation ofS.D.records(Activity
No.5). In the meantime, a listof structures, if any,inthe land,which
cost more than Rs. 5000/-, may sent to the PWD for valuation
(Activity No 7)
After a clear interval of 30 days from'the publication of 4(1)
notification,theLandAcquisitionOfficershouldconductthe enquiry
under section SA on objection petitions, if any, field against the
acquisition. 9Ddays are allowed from the publication of the 4(1)
notification for the completion of enquiry (ActivityNo.8) Basis for
valuation canbeprepared andgotapprovedsimultaneously.(Activity
No.9 and 20)
In the meantime, the survey and sub division records can be
got scrutinized and approved by the Superintendent of Survey and'
Land Records (Activity No.6)
Approval of basis and scrutiny of Survey and Sub Division
records can be got carried out simultaneously.
Draft Declaration Stage
As soon as the enquiry under section 5A is completed and
surveyrecords are got approved,Draft Declaration can be drawn up
and sent for approval. This should be done within 120 days from
the date of publication of the 4(I) notification (Activity No.ll).
On receipt of the draft declaration, the Government or the
Commissionerof Land Revenue, as the case maybe, after ascrutiny,
approve the DD and sent it for publication. There will be 30 days

12. u
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J! for the approval and publication of the Draft Declaration(Activity
No.12). The PWD will get 80 days for the approval of valuation
ofstructuresand sentbacktoLAO (ActivityNo.14)In themeantime,
the LA Officer can prepare the D.Y.S(Activity No 14) and then
submit it to the District Collector for his approval 'Activity No.15).
The District Collector will get 30 days for the scrutinyand approval
ofD.Y.S (Activity ~0.16)
3rd Stage(Award) -
As soon as the Declaration is published and D.Y.S approval,
the L.A Officer should issue notice under section 9(1) and 10 and
the Under section 9(3) and 10 and conduct the award enquiry.
Simultaneously the Requisitioning Authority will be requested to
place the required funds at the disposal ofthe L.A Officer(Activity
No.1? & 18)
As soon as the award enquiry is completed, award in form
No.IO shouldbe drawn up and submittedto the competentauthority
forprior approval(ActivityNo. 19).Therewillbe 25daysforscrutiny
and approval of draft Award(Acti-yityNo. 29). After obtaining the
prior approval, Award should be passed (ActivityNo.21).
Post Award Stage
Information on passing of Award should be sent to the District
Collector and the Requisitioning Department (Activity No.23).
Notice under section 12(2) and under section 9(2) can be issued
13
simultaneously (Activity No.22). Compensation will be paid to the
interested parties or deposited to the courts, as the case may be.
(Activities 24 & 29).
.)
Along with Activities 23 & 24, the Land Acquisition Officer
will issue notice to the parties whom payment could not be made
(ActivityNo.2?). In the meantime the land can be taken possession
and handed over to the Requisitioning Department (Activity No.
25). Statement inForm 14to the sub Registry Office should also be
sent within 5 days from taking over possession (Activity No.28).
In the case of dispute as to apportionment of compensation
etc. the case may be referred to the decision of the Court within 20
days from the date of award (ActivityNo.29).
Within 45 days from the date of notice u/s.9 (2) of S&B Act
the revised Revenue records may be subjected to final scrutiny and
approval and a statement of changes Prepared. As soon as the
statement of changes is approve (Activity No.30) and notified
(ActivityNo.31) necessarychangesmaybe carriedout in thevillage
and Taluk accounts (Activity No. 32). Application s uls 18 for
enhancementof compensation,if any,filedmaybe referred to Courts
simultaneously (ActivityNo.33)
After effecting changes in the village Records final L.A.C.M may
be sent to the District Collector (Activity No.34)

13. ,
The following guidelines may be followed in all land Acquisition
cases.
1. Immediately on receipt of the requisition for acquisition of
land, the L.A Officer should inspect the landbefore the report ofthe
subordinate officer is called for. This should be preferably a joint
inspection with the concerned Department Officers so that the L.A
Officer will be in a position to know the details landsuitability of
the land selected.
11. Usually delay is noticed in obtaining the SubDivision records
from the Superintendent of survey and Land Records and also the
valuation statement of structures from the P.W.D.TheL.A Officer
should take advance actionto getthe details fromthe above Officers.
The fact that delay will result in loss to Government by way of
payment of interest should be brought to the notice of the
superintendent of survey and Land Records and the P.W.D.This
should not be handled in a routine way by reminding them
periodically. If it is felt that the details could not be obtainedwithin
the time limit prescribed in the PERT Chart, the Officers concerned
should be personally contact and even this attempt is not successful
the matter should be brought to the notice of the concerned higher
authorities as well as the Requisitioning Authority.
iii. At the time of conducting SA enquiry it is desirable to-have
the presence of an official from the Requisitioning Department so,
that the objectionscan be discussed straightawayanddecisiontaken
early.
14
iv. The expeditious disposal of L.A proceedings can hardly be
over emphasized in thc interest of the affected public. Is is also
important for the requisitioning Department for whom the land is
acquired, so as to avoid cost over-run time over-run of the projects.
v. The L.A act 1894, as amended by the L.A (Amendment) Act
1984contemplates atime limitofthree years within whi~h different
stages of the acquisition proceedings have to be completed.o
Otherwise, the acquisition proceedings will lapse and proceedings
have to be stated afresh (Denova). The time limit prescribed in the
Act isthe maximum admissible andthis span oftime is not required
to complete the L.A proceedings. Hence the endeavor of the Land
Acquisition Officers should be to complete the L.A proceedings at
the earliest. The PERT method is intended to have a time frame for
each action under the L.A proceedings and to have an idea of the
various activities to be completed under the L.A.Act at each stage
of action. Even the time limit prescribed in the PERT method is the
maximum and L.A proceedings can be completed earlier than the
time limit, if thee is a will. IfL.A cases are not finalized within an
year from the date of issue of Section 4(1) notification, itwill result
in extra financial commitment. So the LA Officers will see that the
,L.Acasesnot completedwithinoneyear areprocessed expeditiously.
and award passed at the earliest.
vi. cklist as per appendix IIIwill be prepared dividing the variouso
activities and fixing the time limit for completion of works as per
the time allowed in the PERT chart and kept in each file. The land
AcquisitionOfficcrand theinspectingOfficerswill see that thework
is completed as per the time schedule prescribed.
. . . . . . . . . . . . . . D. . . . . . . .