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THE LAND ACQUISITION ACT, 1894

Title : THE LAND ACQUISITION ACT, 1894

Year : 1894

[Act No. 1 of 1894] 1*

[2ndFebruary, 1894]

PREAMBLE

An Act to amend the law for the acquisition of land for public purposes and for Companies

WHEREAS it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition;

It is hereby enacted as follows:-

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1. For Statement of Objects and Reasons, see Gazette of India, 1892, Pt. V. p.32, for Report of the Select Committee, see ibid., 1894, Pt. V. p.23 and for proceedings in Council, see ibid., 1892. Pt. VI, p.25 and ibid., 1894, pp.19, 24 to 42.

This Act has been declared to be in force in the Santhal Parganas by the Santhal Parganas Settlement Regulations, 1872 (3 of 1872), section3; in the Khondmals District by the Khondmals Laws Regulations, 1936 (4 of 1936), Section 3 and Schedule; and in the Angul District by the Angul Laws Regulations, 1936 (5 of 1936), section3 and Schedule

It has also been declared by notification under the Scheduled Districts Act, 1874 (14 of 1874), to be in force in (1) the Districts of Hazaribagh, Lohardaga (now called the Ranchi District-Calcutta Gazette, 1899, Pt.I, p.44) and Manbhum, and in Pargana Dhalbhum and the Kolhan in the District of Singhbhum-Gazette of India, 1894, Pt.I. p.400; and (2) the District of Palamau, Gazette of India, 1894; Pt.I, p.639.

This Act has been amended in its application to-

(1) Madras City and its neighbourhood by the Madras City Improvement Trust Act, 1945 (Madras Act 16 of 1945), as re- enacted temporarily up to 29thApril, 1949 by the Madras Re-enacting the Repealing (No.1) Act, 1948 (Madras Act 7 of 1948);

(2) The Province of Bombay by the Land Acquisition (Bombay Amendment) Act, 1938 (Bombay Act 18 of 1938);

(3) The Province of Bengal by the Land Acquisition (Bengal Amendment) Act, 1934 (Bengal Act 2 of 1934);

(4) The U.P. by the U.P. Roadside Land Control Act, 1945 (U.P. Act 10 of 1945) as re-enacted by the U.P. Expiring Laws Continuance Act, 1948 (U.P. Act 13 of 1948);

(5) Cawnpore Urban Area by the Cawnpore Urban Area Development Act, 1945 (U.P. Act 6 of 1945) as re-enacted by U.P. Act 13 of 1948;

(6) The Province of Bihar by the Bihar Restriction of Uses of Land Act, 1946 (Bihar Act 8 of 1946);

(7) The Central Provinces and Berar by the C.P. and Berar Land Acquisition (Amendment) Act, 1939 (C.P. and Berar Act 27 of 1939);

For modification in this Act to make provision for the acquisition of land in certain Municipal area, see-

1. The Calcutta Improvement Act, 1911 (Bengal Act 5 of 1911), section 71 and Schedule,

2. The Calcutta Municipal Act, 1923 (Bengal Act 3 of 1923), section 475,

3. The City of Bombay Improvement Trust Transfer Act, 1925 (Bombay Act 16 of 1925),

4. The U.P. Town Improvement Act, 1919 (U.P. Act 8 of 1919), section 59 and Schedule,

5. The Punjab Town Improvement Act, 1922 (Punjab Act 4 of 1922), section 59 and Schedule,

6. The Darbhanga Improvement Act, 1934 (B & O Act 4 of 1934), section 411,

7. The C.P. Municipalities Act, 1922 (C.P. Act 2 of 1922), section 239 and Schedule, and

8. The Nagpur Improvement Trust Act, 1936 (C.P. Act 1936), section61 and Schedule

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(1) This Act may be called the Land Acquisition Act, 1894.

(2) It extends to the whole of India 1*[except the State of Jammu and Kashmir]

(3) It shall come into force on the 1st day of March, 1894.

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1. Substituted by Act 68 of 1984, section 2 w.e.f. 24-9-1984.

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[Repealed partly by the Repealing and Amending Act, 1914 (X of 1914) Section 3 and Schedule II and partly by the Repealing Act, 1938 (1 of 1938) Section 2 and Schedule]



In this Act, unless there is something repugnant in the subject or context,-

(a) The expression "land" includes benefits to arise out of land, and things attached to the earth or permanently fastended to anything attached to the earth;

1*["(aa) the expression "local authority" includes a town planning authority (by whatever name called) set up under any law for the time being in force];

(b) The expression "person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be deeme to be interested in land if he is interested in an easement affecting the land;

(c) The expression "Collector" means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the Appropriate Government to perform the functions of a Collector under this Act;

2*["(cc) The expression "corporation owned or controlled by the State" means any body corporate established by or under a Central, Provincial or State Act, and includes a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956), a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, being a society established or administered by Government and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, being a co-operative society in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government, or by any State Government or Governments, or partly by the Central Government and partly by one or more State Governments;]"

(d) The expression "Court" means a principal Civil Court of original jurisdiction, unless the Appropriate Government has appointed (as it is hereby empowered to do) a special judicial officer within any specified local limits to perform the functions of the Court under this Act;

(e) The expression "company" means-

(i) A Company as defined in section 3 of the Companies Act, 1956 (1 of 1956), other than a Government company referred to in clause (cc);

(ii) A society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, other than a society referred to in clause (cc);

(iii) A co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, other than a co-operative society referred to in clause (cc);

(ee) The expression "appropriate Government" means in relation to acquisition of land for the purposes of the Union, the Central Government, and, in relation to acquisition of land for any other purposes, the State Government;

3*[(f) The expression "public purpose" includes-

(i) The provision of village-sites or the extension, planned development or improvement of existing village-sites;

(ii) The provision of land for town or rural planning;

(iii) The provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;

(iv) The provision of land for a corporation owned or controlled by the State;

(v) The provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons is placed or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State;

(vi) The provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government, or by any authority established by Government for carrying out any such scheme, or, with the prior approval of the appropriate Government, by a local authority, or a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a State, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State;

(vii) The provision of land for any other scheme of development sponsored by Government or, with the prior approval of the appropriate Government, by a local authority;

(viii) The provision of any premises or building for locating a public office, but does not include acquisition of land for companies;

(g) The following persons shall be deemed persons "entitled to act" as and to the extent hereinafter provided (that is to say)-

(i) Trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability; a married woman, in cases to which the English law is applicable, shall be deemed the person so entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full age; and

(ii) The guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted:

Provided that-

(i) No person shall be deemed "entitled to act" whose interests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;

(ii) In every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court , as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;

(iii) The provisions of 4*[Order XXXI of the first schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and

(iv) No person "entitled to act" shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase many on a voluntary sale.

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1. Inserted by ibid., section 3 w.e.f. 24-9-1984.

2. Inserted by ibid., section 3 w.e.f. 24-9-1984.

3. Substituted by Act 68 of 1984, section 3 w.e.f. 24-9-1984.

4. Substituted by Act 68 of 1984, section 3 w.e.f. 24-9-1984.

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Last updated on May, 2016

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