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.
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