Section 45 Service of notices, Section 46, Penalty for obstructing acquisition of land, Section 47 Magistrate to enforce surrender - 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
Service of notices, Penalty for obstructing acquisition of land and Magistrate to enforce surrender are defined under section 45, 46 and 47 of Land Acquisition Act 1894. Provisions under these Sections are:
Section 45 of Land Acquisition Act 1894 "Service of notices"
(1) Service, of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 4, by the officer therein mentioned, and, in the case of any other notice, by or by order of the Collector or the Judge.
(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.
(3) When such person cannot be found, the service may be made on any adult male member of his family residing with him; and, if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the Court-house, and also in some conspicuous part of the land to be acquired:
Provided that, if the Collector or Judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or place of business and 1[registered under sections 28 & 29 of the Indian Post Office Act, 1898, (6 of 1898)], and service of it may be proved by the production of the addressee's receipt.
Section 46 of Land Acquisition Act 1894 "Penalty for obstructing acquisition of land"
Whoever willfully obstructs any person in doing any of the acts authorised by section 4 or section 8, or willfully fills up, destroys, damages or displace any trench or mark made under section 4, shall, on conviction before a Magistrate, be liable to imprisonment for any term not exceeding one month, or to fine not exceeding five hundred rupees, or to both.
Section 47 of Land Acquisition Act 1894 "Magistrate to enforce surrender"
If the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and, if not a Magistrate, he shall apply to a Magistrate or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police, and such Magistrate or Commissioner (as the case may be) shall enforce the surrender of the land to the Collector.