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

LAND ACQUISITION ACT-1894

  • 1.
    LAND ACQUISITION ACT 1894 Presented by T.J Joseph Deputy Tahsildar,Kottayam (Staff Trainer,ILDM&IMG) A mysandesham presentation.
  • 2.
    LAND ACQUISITION INTHE STATE IS NOW GOVERNED BY THE LAND ACQUISITION ACT,1894 (As amended by the Act 68 of 1984) AND THE LAND ACQUISITION (KERALA) RULES,1990
  • 3.
    IMPORTANT STAGES OFACQUISITION Preliminary stage Publication of Notifications Enquiry on objection petitions, if any. Survey and preparation of sub division records Preparation and Publication of Declaration Determination of compensation Awarding compensation Taking possession and handing over to R.A. Reference to courts
  • 4.
    Notification Payment ofcompensation Declaration Valuation Survey & S D Award Taking possession LAND ACQUISITION CHART
  • 5.
    PRELIMINARY STAGE RequisitionJoint inspection & Pegmarking Publication of Notification …4(1) & 6 (1) Survey and sub division
  • 6.
    DECLARATION Preparation ofDraft Declaration Approval and publication of Declaration
  • 7.
    Documents to beaccompanied with D.D. for scrutiny 1 . Copy of Requisition 2. Published copies of Notification and public notice 3. Copy of B.T.R and T.P.extract 4.Survey sketch and S.D. records 5. Reconciliation statement 6. Objection Petitions, if any. 7. Report of enquiry u/s 5A 8. Confidential report on objectionable elements
  • 8.
    DETERMINATION OF COMPENSATIONMarket value of land: Price paid for the same land Price paid for similar and similarly situated land in the vicinity Price paid for adjacent land having same advantage Sale should be with in a reasonable period and it should be bonafide. The land under acquisition and the land selected as Basis should possess similar advantage.
  • 9.
    AWARDING COMPENSATION Award enquiry notice Sec. 9 L A O to enquire in to the measurement, Value, claim and interest over the land Sec 11(1) Local Authority can adduce evidence for the purpose of determination of compensation Sec 50
  • 10.
    MAKING OF AWARDAward should contain: True area of the land Sec 11(1) Market value of the land Sec 23(1) ( at the time of notification .) Additional market value @12% p.a. Sec 23(1)A Solatium @ 30%. Sec 23(2)
  • 11.
    MAKING OF AWARDApportionment of compensation: Sec 29. Dispute, if any, on apportionment:- Reference to court Sec 30. Rule 16
  • 12.
    Prior approval ofaward ( Proviso to Sec 11(1) Rule 12 ) (i) below Rupees 1 Crore DC Rule 12(1)(a) (ii) between 1 and 2 Crores CLR Rule (1)(b)   (iii) above 2 Crores Govt Rule 12(1)(c) Passing of Award Sec.11 Rule 12(1)
  • 13.
    Passing of AWARDAward to be passed within two years from the date of publication of Declaration Award not to be passed unless LAO has sufficient fund at his disposal
  • 14.
    TAKING POSSESSION OF LAND Taking possession of land Sec. 16 and Sec. 17 Notice of taking possession of land to all interested parties Rule 15(3) Notice to Requisioning Authority Taking possession & handing over Rule 15(2) Advance possession Sec.17(2) Rule 15(5)
  • 15.
    PAYMENT OF COMPENSATIONPayment of compensation Rule 14(1) Payment or credit to Court to be in favour Presiding Officer Rule 14(3) Payment shall be in ‘D’ form Cheque Rule 15(2) Notice to parties to whom payment could not be made in Form No. 11 Rule 13(2)
  • 16.
    REFERENCE TO COURTSDispute on the measurement of land, amount of compensation and its apportionment Sec. 18 Dispute on title over the land, person to whom compensation is payable and apportionment of compensation Sec. 30
  • 17.
    Condition precedent tomaking a reference u/s18 There shall be a protest Protest shall be as to the measurement of land or to the amount of compensation There shall be a written application by person who had not accepted the award of the Collector He must be an interested person on the compensation Application shall be within the period of time prescribed therefore under proviso to section 18 (2).
  • 18.
    REFERENCE UNDER SECTION30 Reference on dispute as to title over the land, or person entitled to compensation, or apportionment of the amount of compensation It is left to the discretion of the Collector to refer or not No period of limitation prescribed
  • 19.
    Re-determination of compensation Sec.28A Rule 12A Every award u/s 28 A shall be got approved by the competent authority subject to the monetary limit prescribed Correction of clerical errors in the Award Sec.13A Withdrawal from acquisition Sec.48(1) Cancellation or modification of Notification Rule 17 Payment of interest on compensation Sec. 34
  • 20.
    Form--- - Rule… 3(1) Appointment of collector to be published in the Gazette. 1
  • 21.
    Form--- - Rule… 4(1) LA Requisition from various departments. 2
  • 22.
    Form--- - Rule… 5(1) Preliminary notification – Normal case- Central Government purpose. 3a
  • 23.
    Form--- - Rule… 5(2) Preliminary notification – Normal case- State Government purpose. 3b
  • 24.
    Form--- - Rule… 6(2) Preliminary notification – Urgency clause- State Government purpose. 3c
  • 25.
    Form--- - Rule… 7(1) Notice to land owner to furnish complaints if any, against the acquisition.( within 3o days of the publication of 4(1) ) Ordinary case- 5A enquiry. 4a
  • 26.
    Form--- - Rule… 7(2) Urgency clause.,,,,,,,,,,,,,, Public Notice after 4(1) ( to be published in VO. Taluk Office and LAO ) . 4b
  • 27.
    Form--- - Rule… 8(1) Notice for 5 A enquiry.,,,,,,,,,,,,,, to land owner who has filed objection ( . ) . 4c
  • 28.
    Form--- - Rule… 8(5) Urgency clause-Draft Declaration….. Central Government Purpose……. ( . To….Government Secretary ) . 5a
  • 29.
    Form--- - Rule… 8(5) Urgency clause- Draft Declaration….. Central Government Purpose……. ( . To….Government Secretary ) . 5b
  • 30.
    Form--- - Rule… 8(5) Ordinary case- Draft Declaration….. State Government Purpose……. ( To….Commissioner Land Revenue. ) . 5c
  • 31.
    Form--- - Rule… 8(5) Urgency clause.. Draft Declaration….. State Government Purpose……. ( To….Government secretary. ) . 5d
  • 32.
    Form--- - Rule… 9(3) Notice of withdrawal if the land acquisition steps are dropped. . 6
  • 33.
    Form--- - Rule… 9(3) Agreement in stamp paper with the requisioning authority and district Collector. (For non Govt. Purpose.) . 7
  • 34.
    Form--- - Rule… 10(2) Detailed Valuation Statement. . 8
  • 35.
    Form--- - Rule… 11(1) Award Enquiry Notice (to be published in the site.) . 9a
  • 36.
    Form--- - Rule… 11(2) Award Enquiry Notice (to the land owner.) . 9b
  • 37.
    Form--- - Rule… 12(1) Award . 10
  • 38.
    Form--- - Rule… 12(5) Agreement between land owner and requisitioning authority in the case of negotiated purchase. . 10a
  • 39.
    Form--- - Rule… 13(1) Notice of award to land owner to receive the award amount from LAO. . 10b
  • 40.
    Form--- - Rule… 13(2) Notice of award informing the land owner that the award amount is kept ar RD in the treasury. . 11
  • 41.
    Form--- - Rule… 15(3) Notice of award informing the land owner that the award amount is kept ar RD in the treasury. . 12
  • 42.
    Form--- - Rule… 15(3) Notice to the requisitioning authority regarding taken possession of land. . 13
  • 43.
    Form--- - Rule… 15(6) Form of Intimation to sub registrar to maintain land records. . 14
  • 44.
    Form--- - Rule… 16 Form of reference to sub court…. Reference Application. . 15
  • 45.
    Form--- - Rule… 16 Schedule of information to court. . 16
  • 46.
    Form--- - Rule… 16 Form of Schedule of information for reference to court. . 17
  • 47.
    Form--- - Rule… 17 Cancellation Notice is Puramboke Land is Published in 4(1) notice. . 18
  • 48.
    Form--- - Rule… 18 L A Case- Special Register. . 19
  • 49.
    Form--- - Rule… 18 Award Register. . 20
  • 50.
    Form--- - Rule… 18 Register of Land Acquisition Suits. . 21
  • 51.
    Form--- - Rule… 18 Register of Claims made by Land owners. . 22
  • 52.
    Form--- - Rule… 12(2) Statement showing the compensation awarded on account of Land acquired.. . A
  • 53.
    Form--- - Rule… 13(3) Particulars regarding the acceptance by awardees. . B
  • 54.
    Form--- - Rule… 13(3) Particulars regarding the acceptance by awardees. . c
  • 55.
    Form--- - Rule… 14(3) CHEQUE- Form E for Revenue Deposit….. Form F is acknowledgement for the receipt of cheques. . D
  • 56.
    S&B Act Section---- Finalization of Survey Records. . 13
  • 57.
    S&B Act Section---- Publication of 6(1) notification in the gazette is for conducting survey of the land . 6(1)
  • 58.
    . Thank You………………………… T. James Joseph, Adhikarathil, Kottayam,Kerala.