Section 3 of the Land Acquisition Act, 1894: Definitions Explained

Section 3(a): "Land"

The expression "land" included benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth. The definition was therefore wider than the soil or physical parcel alone and extended to legally recognised benefits and permanent attachments connected with the land.

Section 3(aa): "Local authority"

"Local authority" included a town planning authority, by whatever name called, constituted under a law in force. This inclusive definition ensured that a statutory town planning body could fall within the expression for purposes of the Act.

Section 3(b): "Person interested"

The expression included every person claiming an interest in compensation payable because of acquisition under the Act. A person having an interest in an easement affecting the acquired land was also deemed to be interested in the land. The concept was therefore not confined to the registered owner.

Section 3(c): "Collector"

"Collector" meant the Collector of a district and included a Deputy Commissioner as well as an officer specially appointed by the appropriate Government to perform the functions of a Collector under the Act.

Section 3(cc): "Corporation owned or controlled by the State"

The expression covered a body corporate established by or under a Central, Provincial or State Act. It also included, subject to the statutory conditions, a Government company under Section 617 of the Companies Act, 1956, a Government-established or Government-administered registered society, and a co-operative society in which at least 51 per cent of the paid-up share capital was held by the Central Government, one or more State Governments, or both.

Section 3(d): "Court"

"Court" meant the principal Civil Court of original jurisdiction, unless the appropriate Government appointed a special judicial officer within specified local limits to perform the functions assigned to the Court under the Act.

Section 3(e): "Company"

For the purposes of the 1894 Act, "Company" included the following categories, while excluding the corresponding bodies already falling within clause (cc):

1. a company within Section 3 of the Companies Act, 1956, other than a Government company referred to in Section 3(cc) of the Land Acquisition Act;
2. a society registered under the Societies Registration Act, 1860 or a corresponding State law, other than a society covered by Section 3(cc); and
3. a co-operative society under the law relating to co-operative societies in force in a State, other than a co-operative society covered by Section 3(cc).

Section 3(ee): "Appropriate Government"

For acquisition for the purposes of the Union, the appropriate Government was the Central Government. For acquisition for other purposes, it was the State Government.

Section 3(f): "Public purpose"

The statutory definition was inclusive. It covered specified public and development purposes, including:

1. provision of village sites, or extension, planned development or improvement of existing village sites;
2. provision of land for town or rural planning;
3. planned development of land from public funds under a Government scheme or policy, followed by disposal by lease, assignment or sale for further planned development;
4. provision of land for a corporation owned or controlled by the State;
5. residential land for the poor or landless, persons affected by natural calamities, and persons displaced or affected by implementation of specified public schemes;
6. land for educational, housing, health or slum-clearance schemes sponsored by Government or specified authorities and, with prior approval, qualifying local authorities, societies or co-operative societies;
7. land for other development schemes sponsored by Government or, with prior approval, a local authority; and
8. premises or buildings for locating a public office.

The definition expressly excluded acquisition of land for Companies from "public purpose" for the purpose of this clause.

Section 3(g): Persons "entitled to act"

Clause (g) identified persons who could act on behalf of persons beneficially interested or persons under disability. Trustees could act for persons beneficially interested to the extent those persons could have acted if free from disability. The provision also addressed the position, in the terminology then used by the statute, of married women, minors and persons under disability acting through guardians, committees or managers.

Safeguards and limitations

1. A person could not act where his or her interest in the subject matter was shown to the satisfaction of the Collector or Court to be adverse to the interest of the person represented.
2. The person interested could appear by a next friend; where necessary, the Collector or Court could appoint a guardian for the case.
3. Order XXXII of the First Schedule to the Code of Civil Procedure, 1908 applied, with necessary adaptations, to appearances by a next friend or guardian in proceedings before the Collector or Court.
4. A person "entitled to act" could receive compensation money only if that person would have been competent to alienate the land and give a valid discharge for the purchase money on a voluntary sale.