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LAND ACQUISITION ACT 1894

What are the Definitions? Section 3 of Land Acquisition Act 1894

What is the procedure for Publication of preliminary notification and powers of officers of thereupon? Section 4 of Land Acquisition Act 1894

 

 

What is the meaning of Payment for Damage? What is the process of hearing Objections? Section 5 and 5A of of Land Acquisition Act 1894

What is Declaration of that land is required for  a public purpose? What is the meaning After declaration collector to take order for acquisition? Section 6 and 7 of of Land Acquisition Act 1894

Should Land to be marked out, measured and planned? Is it compulsory to give Notice to persons interested? Section 8 and 9 of of Land Acquisition Act 1894

What is the Power to require and enforce the making of statements as to names and interests? Section 10 of of Land Acquisition Act 1894

What is Enquiry and award by Collector? Section 11 of of Land Acquisition Act 1894

What is the Period within which an award shall be made? Section 11A of of Land Acquisition Act 1894

Award of Collector when to be final? What is Adjournment of enquiry? How to do Correction of clerical errors, etc? Section 12, 13 and 13A of Land Acquisition Act 1894

 

 

What is the Power to summon and enforce attendance of witnesses and production of documents? What are the Matters to be considered and neglected? Section 14 and 15 of Land Acquisition Act 1894

What is the Power to call for records, etc? What is the Power to take possession? What are Special powers in cases of urgency? Section 15A, 16 and 17 of Land Acquisition Act 1894

What is Reference to Court? What is Collector’s statement to the Court? What is the procedure for Service of notice? Section 18, 19 and 20 of Land Acquisition Act 1894

What is Restriction on scope of proceedings? Should Proceedings to be in open Court? Section 21 and 22 of Land Acquisition Act 1894

What are the Matters to be considered in determining compensation? What are the Matters to be neglected in determining compensation? Section 23 and 24 of Land Acquisition Act 1894

SECTION 3 DEFINITIONS - LAND ACQUISITION ACT 1894

What are the Definitions? Section 3 of Land Acquisition Act 1894

 

Definitions are defined under section 3 of Land Acquisition Act 1894. Provisions under this Act are:

Section 3 of Land Acquisition Act 1894 " Definitions"

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;

(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 deemed 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;

(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 centum 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 functions of the Court under this Act;

(e) the expression "Company" means-

(i) a company has 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.

(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 displaced 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 hind for Companies;

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

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 persons 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 the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, 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 interest 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 provision of Order XXXII 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-money on a voluntary sale.

 

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