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LAND ACQUISITION ACT 1894

Amount of compensation awarded by Court not to be lower than the amount awarded by the Collector, What are the Form of awards? Section 25 and 26 of Land Acquisition Act 1894

 

 

What are Costs? What is the meaning of Collector may be directed to pay interest on excess compensation? Section 27 and 28 of Land Acquisition Act 1894

What is Re-determination of the amount of compensation on the basis of the award of the Court? Should Particulars of apportionment to be specified? Section 28A and 29 of Land Acquisition Act 1894

What is Disputes as to apportionment? What is the rule regarding Payment of compensation or deposit of same in Court? Section 30 and 31 of Land Acquisition Act 1894

How to do Investment of money deposited in respect of lands belonging to persons incompetent to alienate? How to do Investment of money deposited in other cases? Section 32 and 33 of Land Acquisition Act 1894

What is Calculation for Payment of interest? Temporary occupation of waste or arable land,  Procedure when difference as to compensation exists Section 34 and 35 of Land Acquisition Act 1894

What is the Power to enter and take possession, and compensation on restoration? Difference as to condition on land Section 36 and 37 of Land Acquisition Act 1894

Is Industrial concern to be deemed Company for certain purposes? Is Previous consent of appropriate Government and execution of agreement necessary? Section 38A and 39 of Land Acquisition Act 1894

 

 

What is Previous enquiry? Agreement with appropriate Government, Is Publication of agreement necessary? Section 40, 41 and 42 of Land Acquisition Act 1894

Are Sections 39 to 42 not to apply where Government bound by agreement to provide land for Companies? How agreement with Railway Company may be proved? Section 43 and 44 of Land Acquisition Act 1894

Restriction on transfer, etc., Land not to be acquired under this Part except for certain purpose for private companies other than Government companies Section 44A and 44B of Land Acquisition Act 1894

What is the procedure for Service of notices? What is the Penalty for obstructing acquisition of land? Is Magistrate to enforce surrender? Section 45, 46 and 47 of Land Acquisition Act 1894

Is Completion of acquisition not compulsory, but compensation to be awarded when not completed? What is Acquisition of part of house of building? Section 48 and 49 of Land Acquisition Act 1894

Whether Acquisition of land at cost of a local authority or Company? When Exemption from stamp-duty and fees? Section 50 and 51 of Land Acquisition Act 1894

Acceptance of certified copy as evidence, Notice in case of suits for anything done in pursuance of Act Section 51A and 52 of Land Acquisition Act 1894

Is Code of Civil Procedure to apply to proceedings before Court? Appeals in proceedings before Court, Section 53 and 54 of Land Acquisition Act 1894

Power to make rules Section 55 of Land Acquisition Act 1894

Section 40 Previous enquiry, Section 41 Agreement with appropriate, Section 42 Government Publication of agreement - Land Acquisition Act 1894

What is Previous enquiry? Agreement with appropriate Government, Is Publication of agreement necessary? Section 40, 41 and 42 of Land Acquisition Act 1894

 

Previous enquiry, Agreement with appropriate Government and Publication of agreement are defined under section 40, 41 and 42 of Land Acquisition Act 1894. Provisions under these Sections are:

Section 40 of Land Acquisition Act 1894 "Previous enquiry"

(1) Such consent shall not be given unless the appropriate Government be satisfied, either on the report of the Collector under section 5A, sub-section (2), or by an enquiry held as hereinafter provided,-

(a) that the purpose of the acquisition is to obtain land for the erection of dwelling houses for workmen employed by the Company or for the provision of amenities directly connected therewith, or

(aa) that such acquisition is needed for the construction of some building or work for a Company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, or

(b) that such acquisition is needed for the construction of some work, and that such work is likely to prove useful to the public.

(2) Such enquiry shall be held by such officer and at such time and place as the appropriate Government shall appoint.

(3) Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the 1[Code of Civil Procedure, 1908 (5 of 1908)], in the case of a Civil Court.

Section 41 of Land Acquisition Act 1894 "Agreement with appropriate Government"

If the appropriate Government is satisfied after considering the report, if any, of the Collector under section 5A, sub-section (2), or on the report of the officer making an inquiry under section 40 that the proposed acquisition is for any of the purposes referred to in clause (a) or clause (aa) or clause ( b) of sub-section (1) of section 40, it shall require the Company to enter into an agreement with the appropriate Government, providing to the satisfaction of the appropriate Government for the following matters, namely:-

(1) the payments to the appropriate Government of the cost of the acquisition;

(2) The transfer, on such payment, of the land to the Company;

(3) the terms on which the land shall be held by the Company;

(4) where the acquisition is for the purpose of erecting dwelling houses or the provision of amenities connected therewith, the time within which, the conditions on which and the manner in which the dwelling houses or amenities shall be erected or provided;

(4A) where the acquisition is for the construction of any building or work for a Company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, the time within which, and the conditions on which, the building or work shall be constructed or executed or executed; and

(5) where the acquisition is for the construction of any other work, the time within which and the conditions on which the work shall be executed and maintained and the terms on which the public shall be entitled to use the work.

Section 42 of Land Acquisition Act 1894 "Publication of agreement"

Every such agreement shall, as soon as may be after its execution, be published in the Official Gazette, and shall thereupon (so as far as regards the terms on which the public shall be entitled to use the work) have the same effect as if it had formed part of this Act.

 

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