www.Aaptaxlaw.com
   
 
 

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 48 Completion of acquisition not compulsory, but compensation to be awarded when not completed, Section 49 Acquisition of part of house of building - 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

 

Completion of acquisition not compulsory, but compensation to be awarded when not completed and Acquisition of part of house of building are defined under section 48 and 49 of Land Acquisition Act 1894. Provisions under these Sections are:

Section 48 of Land Acquisition Act 1894 "Completion of acquisition not compulsory, but compensation to be awarded when not completed"

(1) Except in the case provided for in section 36, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.

(2) Whenever the government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.

(3) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.

Section 49 of Land Acquisition Act 1894 "Acquisition of part of house of building"

(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desire that the whole of such house, manufactory or building shall be so acquired:

Provided that the owner may, at any time before the Collector has made his award under section 11, by notice in writing, withdraw or modify his expressed desire that the whole of such house, manufactory or building shall be so acquired:

Provided also that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Court and shall not take possession of such land until after the question has been determined.
In deciding on such a reference the Court shall have regard to the question whether the land proposed to be taken is reasonably required for the full and unimpaired use of the house, manufactory or building.

(2) if, in the case of any claim under section 23, sub-section (1), thirdly, by a person interested, on account of the severing of the land to be acquired from his other land, the appropriate Government is of opinion that the claim is unreasonable or excessive, it may, at any time before the Collector has made his award, order the acquisition of the whole of the land of which the land first sought to be acquired forms a part.

(3) In the case last hereinbefore provided for, no fresh declaration or other proceedings under sections 6 to 10, both inclusive, shall be necessary; but the Collector shall without delay furnish a copy of the order of the appropriate Government to the person interested, and shall thereafter proceed to make his award under section 11.
 

 

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap