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THE LAND ACQUISITION ACT, 1894

Title : THE LAND ACQUISITION ACT, 1894

Year : 1894



(1) Any person interested who has not accepted the award may, be written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the appropriate of the compensation among the persons interested.

(2) The application shall state the grounds on which objection to the award is taken:

Provided
that every such application shall be made,-

(a) If the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector$s award;

(b) In other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector$s award, whichever period shall first expire.



(1) In making the reference, the Collector shall state for the information of the Court, in writing under his hand,-

(a) The situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;

(b) The names of the persons whom he has reason to think interested in such land;

(c) The amount awarded for damages and paid for tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under section 11; and

(d) If the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.

(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by, the parties interested respectively.



The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their apperance before the Court on that day, to be served on the following persons, namely:-

(a) The applicant;

(b) All persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and

(c) If the objection is in regard to the area of the land or to the amount of the compensation, the Collector.



The scope of the inquiry in every such proceedings shall be restrcited to a consideration of the interests of the persons affected by the objection.



Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the State shall be entitled to appear, and act (as the case may be) in such proceeding.



(1) In determining the amount of compensation to be awarded for land acquired under this Act, the court shall take into consideration-

First, the market-value of the land at the date of the publication of the {Subs, by Act 38 of 1923, s.7, for declaration relating thereto under s.6.} [notification under section 4, sub-section (1)];

Secondly, the damage by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector$s taking possession thereof;

Thirdly, the damage (if any) sustained by the person interested, at the time of the Collector$s taking possession taking possession of the l;and, by the reason of severing such land from his other land;

Fourthly, the damage (if any) sustained by the person interested, at the time of the Collector$s taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;

Fifthly, if in the consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; and

Sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector$s taking possession of the land.

(2) In addition to the market-value of the land as above provided the Court shall in every case award a sum of fifteen per centum on such market-value, in consideration of the compulsory nature of the acquisition.



But the Court shall not take into consideration-

First, the degree of urgency which has led to the acquisition;

Secondly, any disinclination of the person interested to part with the land acquired;

Thirdly, any damage sustained by him, if caused by a private person, would not render such persons liable to a suit;

Fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in consequence of the use to which it will be put;

Fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;

Sixthly, any increase to the value of the other land of the person interested likely to accure from the use to which the land acquires will be put; or

Seventhly, any outlay or improvements on, or disposal of, the land acquired, commenced, made or affected without the sanction of the Collector after the date of the publication of the {Subs, by Act 38 of 1923, s.8, for declaration under s.6.}[notification under section4, sub-section (1)].



(1) When the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under section 11.

(2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the amount awarded by the Collector.

(3) When the applicant has omitted for a sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded to him by the Court shall not less than, and may exceed, the amount awarded by the Collector.
(S.26 was re-numbered as sub-section (1) of that section by Act 19 of 1921.s.2.)



(1)Every award under this part shall be in writing signed by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of section 23, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.
{Ins.by s.2, Act 19 of 1921.}

[(2) every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgement within the meaning of section 2, clause (2) and section 2, clause (9), respectively, of the Code of Civil Procedure, 1908.]



(1) Every such award shall also state the amount of costs incurred in the proceedings under this part, and by what persons and in what proportions they are to be paid.

(2) When the award of the Collector is not upheld, the costs shall ordinarlily be paid by the Collector, unless the Court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector$s costs.



If the sum which, in the opinion of the Court, the Collector ought to have a awarded as compensation is in excess of the sum which the Collector did award as compensation the award of the Court may direct that the Collector shall pay interest on such excess at the rate of six per centum from the date on which he took possession of the land to the date of payment of such excess into Court.


Last updated on June, 2016

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