Sections 21 and 22 of the Land Acquisition Act 1894

Sections 21 and 22 regulated proceedings before the Court after a reference under the Land Acquisition Act, 1894. Section 21 restricted the scope of the enquiry to the interests of persons affected by the objection, while Section 22 required the proceeding to take place in open Court and dealt with the right of persons entitled to practise in a Civil Court in the State to appear, plead and act.

Historical law: This article explains Sections 21 and 22 as part of the central statutory framework that applied before the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force. Section 114 of the 2013 Act repealed the Land Acquisition Act, 1894 subject to the applicable saving provisions. The provisions discussed here are therefore principally relevant to the pre-2014 regime and to matters in which the earlier enactment remains applicable under a saving or transitional provision.

Section 21 - Restriction on scope of proceedings

Statutory rule: The scope of the enquiry in a proceeding of this kind was restricted to consideration of the interests of the persons affected by the objection.

Meaning of restriction on scope: Section 21 limited the enquiry before the Court by linking it to the objection that had produced the reference. The proceeding was therefore not expressed as an unrestricted reconsideration of every issue connected with the acquisition.

Persons affected by the objection: The statutory focus was on the interests of the persons whose rights or interests were affected by the objection before the Court.

What was the effect of Section 21?

Section 21 must be read in the context of the reference procedure. Under Section 18, a person interested who had not accepted the award could require a reference on specified objections, including measurement of the land, the amount of compensation, the persons to whom compensation was payable, or apportionment among persons interested. Section 21 then confined the enquiry in the resulting proceeding to the interests affected by that objection.

Key point: The Court exercising reference jurisdiction under the 1894 Act derived its authority from the statutory reference. Section 21 reinforced the limited character of that enquiry by restricting consideration to the interests of persons affected by the objection.

Section 22 - Proceedings to be in open Court

Statutory rule: Every such proceeding was required to take place in open Court. Section 22 further provided that all persons entitled to practise in any Civil Court in the State were entitled to appear, plead and act, as the case might be, in the proceeding.

Open Court: The reference proceeding was not contemplated as a private administrative inquiry. It was to take place in open Court.

Appearance and representation: The provision expressly recognized the entitlement of persons qualified to practise in a Civil Court in the State to appear, plead and act in the proceeding, as applicable.

Why was Section 22 important?

Section 22 identified the judicial character and setting of the proceeding following the reference. Read with Sections 18, 19 and 20, it formed part of the statutory transition from the Collector's award and reference process to determination of the objection by the Court.

The open-Court requirement and the express provision concerning appearance, pleading and acting distinguished the Court proceeding from the earlier administrative stages before the Collector.

Relationship between Sections 18, 19, 20, 21 and 22

Provision	Function under the 1894 Act
Section 18	Enabled an eligible person interested who had not accepted the award to seek a reference to Court on the objections specified by the section.
Section 19	Required the Collector to provide the Court with the prescribed written statement and accompanying schedule when making the reference.
Section 20	Required the Court to issue notice fixing the day for determination of the objection and directing the persons specified in the section to appear.
Section 21	Restricted the scope of the enquiry to consideration of the interests of persons affected by the objection.
Section 22	Required the proceeding to take place in open Court and addressed entitlement to appear, plead and act.

Sections 21 and 22 in the pre-2014 land acquisition procedure

Together, Sections 21 and 22 dealt with two different aspects of a reference proceeding. Section 21 addressed what the enquiry could properly consider, while Section 22 addressed how and where the proceeding was to be conducted and who could appear, plead and act. They followed the reference and notice provisions contained in Sections 18 to 20 and preceded the compensation provisions beginning with Section 23.

Position after the 2013 Act

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 replaced the 1894 Act as the central statutory framework and repealed the Land Acquisition Act, 1894 through Section 114, subject to statutory savings. Accordingly, Sections 21 and 22 of the 1894 Act should be read as provisions of the earlier regime, while their application to a particular acquisition or pending proceeding depends on the relevant saving and transitional provisions.