Sections 45, 46 and 47 of the Land Acquisition Act 1894: Service of Notices, Obstruction and Surrender
Sections 45, 46 and 47 formed part of the miscellaneous provisions of the Land Acquisition Act, 1894. Immediately before the 1894 Act was repealed, these provisions dealt respectively with service of statutory notices, punishment for wilful obstruction of specified acquisition-related acts, and enforcement of surrender where the Collector was opposed or impeded in taking possession.
Section 45 - Service of notices
Meaning and purpose: Section 45 prescribed the statutory method for serving notices required under the Land Acquisition Act, 1894. Its object was to provide an identifiable procedure for bringing a notice to the person concerned and, where personal service was not practicable, to permit specified substituted modes of service.
Section 45(1): A notice under the Act was to be served by delivering or tendering a signed copy. For a notice under Section 4, the copy was to be signed by the officer mentioned in that provision. For other notices, it was to be signed by or by order of the Collector or the Judge.
Section 45(2): Whenever practicable, service was to be made on the person named in the notice.
Section 45(3): If that person could not be found, service could be made on an adult male member of his family residing with him. If such a family member could not be found, the Act permitted affixation on the outer door of the house where the person ordinarily lived or carried on business, or in a conspicuous place in the relevant office or court-house, and also on a conspicuous part of the land proposed to be acquired.
Postal service: Where the Collector or Judge so directed, notice could be sent by post to the person's last known residence, address or place of business, registered under Sections 28 and 29 of the Indian Post Office Act, 1898. Service could be proved by producing the addressee's receipt.
The reference to Sections 28 and 29 of the Indian Post Office Act, 1898 reflected the substitution made by the Land Acquisition (Amendment) Act, 1984. This was the Central Act wording immediately before repeal of the 1894 Act.
Section 46 - Penalty for obstructing acquisition of land
Meaning: Section 46 created a penal consequence for wilfully obstructing acts authorised by Section 4 or Section 8, or for wilfully filling up, destroying, damaging or displacing a trench or mark made under Section 4.
On conviction before a Magistrate, the person was liable to imprisonment for a term not exceeding one month, or a fine not exceeding Rs. 500, or both.
The maximum fine had originally been Rs. 50. The Land Acquisition (Amendment) Act, 1984 substituted Rs. 500 with effect from 24 September 1984. Accordingly, Rs. 500 is the appropriate Central Act figure for an article describing the law immediately before the 1894 Act was repealed.
What conduct did Section 46 cover?
- Wilful obstruction of a person carrying out an act authorised by Section 4.
- Wilful obstruction of an act authorised by Section 8.
- Wilfully filling up, destroying, damaging or displacing a trench or mark made under Section 4.
The statutory wording required the obstruction or interference to be wilful. Section 46 therefore addressed deliberate obstruction of the specified statutory acts rather than every disagreement connected with acquisition proceedings.
Section 47 - Magistrate to enforce surrender
Meaning and operation: Section 47 addressed the situation in which the Collector was opposed or impeded while taking possession of land under the Act.
If the Collector was himself a Magistrate, he could enforce surrender of the land to himself. If he was not a Magistrate, he was required to apply to a Magistrate or, within the then statutory wording referring to the towns of Calcutta, Madras and Bombay, to the Commissioner of Police. The Magistrate or Commissioner, as applicable, was then to enforce surrender of the land to the Collector.
Section 47 was an enforcement provision. It did not itself create the underlying authority to acquire or take possession; it dealt with enforcement where possession was being taken under authority of the Act and the Collector was opposed or impeded.
Quick summary of Sections 45, 46 and 47
| Section | Subject | Pre-repeal effect |
|---|---|---|
| 45 | Service of notices | Specified personal service, substituted service by affixation, and directed registered-post service. |
| 46 | Obstruction | Wilful obstruction of specified acts, or interference with a trench or mark, could attract up to one month's imprisonment, a fine up to Rs. 500, or both. |
| 47 | Enforcement of surrender | Provided machinery for a Magistrate or specified Commissioner of Police to enforce surrender when the Collector was opposed or impeded in taking possession. |
Present relevance of these historical provisions
The Land Acquisition Act, 1894 was repealed when the 2013 land acquisition legislation came into force on 1 January 2014. These sections remain important for understanding proceedings governed by the former enactment and questions affected by repeal, saving or transitional provisions. The governing statute and the legal position applicable to the particular acquisition should therefore be identified before relying on these historical sections.