Power to call for records, etc, Power to take
possession and Special powers in cases of urgency are defined under
section 15A, 16 and 17 of Land Acquisition Act 1894. Provisions under
these Sections are:
Section 15A of Land Acquisition Act 1894 "Power to call for records, etc."
The appropriate Government may at any time before the award is made by the Collector under section 11 call for any record of any proceedings (whether by way of inquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any finding or order passed or as to the regularity of such proceedings and may pass such order or issue such direction in relation thereto as it may think fit :
Provided that the appropriate Government shall not pass or issue any order or direction prejudicial to any person without affording such person a reasonable opportunity of being heard.
Section 16 of Land Acquisition Act 1894 "Power to take possession"
When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the Government, free from all encumbrances
Section 17 of Land Acquisition Act 1894 "Special powers in cases of urgency"
(1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9, sub-section (1), take possession of any land needed for public purpose. Such land shall thereupon vest absolutely in the Government, free from all encumbrances.
(2) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergency, it becomes necessary for any Railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing convenient connection with or accesses to any such station, or the appropriate Government considers it necessary to acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to irrigation, water supply, drainage, road communication or electricity,] the Collector may, immediately after the publication of the notice mentioned in sub-section (1) and with the previous sanction of the appropriate Government enter upon and take possession of such land, which shall thereupon vest absolutely in the Government free from all encumbrances :
Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hour's notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building without unnecessary inconvenience.
(3) In every case under either of the preceding sub-sections the Collector shall at the time of taking possession offer to the persons interested compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in case such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained.
(3A) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall, without prejudice to the provisions of sub-section (3),-
(a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested entitled thereto, and
(b) pay it to them, unless prevented by some one or more
of the contingencies mentioned in section 31, sub-section
and where the Collector is so prevented, the provisions of section 31, sub-section (2) (except the second proviso thereto), shall apply as they apply to the payment of compensation under that section.
(3B) The amount paid or deposited under sub-section (3A), shall be taken into account for determining the amount of compensation required to be tendered under section 31, and where the amount so paid or deposited exceeds the compensation awarded by the Collector under section 11, the excess may, unless refunded within three months from the date of the Collector's award, be recovered as an arrear of land revenue.
(4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1) or sub-section (2) are applicable, the appropriate Government may direct that the provisions of section 5A shall not apply, and, if it does not so direct, a declaration may be made under section 6 in respect of the land at any time 2 [after the date of the publication of the notification] under section 4, sub-section (1).
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