Sections 51A and 52 of the Land Acquisition Act 1894: Certified Copy Evidence and Prior Notice
Sections 51A and 52 of the Land Acquisition Act, 1894 formed part of the miscellaneous provisions governing acquisition proceedings before the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Section 51A dealt with the evidentiary use of certified copies of registered documents, while Section 52 required prior written notice before commencing or prosecuting proceedings against a person for acts done in pursuance of the 1894 Act.
Section 51A - Acceptance of Certified Copy as Evidence
Section 51A addressed proof of transactions recorded in registered documents during proceedings under the Land Acquisition Act, 1894. It permitted a certified copy of a document registered under the Registration Act, 1908, including a copy given under Section 57 of that Act, to be accepted as evidence of the transaction recorded in the document.
Text and effect of Section 51A
In a proceeding under the Land Acquisition Act, 1894, a certified copy of a document registered under the Registration Act, 1908, including a copy supplied under Section 57 of that Act, could be accepted as evidence of the transaction recorded in that document.
The provision was particularly relevant where registered transactions were relied upon in acquisition proceedings. Instead of making production of the original registered instrument the only route by which the transaction could be placed before the authority or Court, Section 51A expressly permitted acceptance of the certified copy as evidence of the recorded transaction.
What is a certified copy for Section 51A?
Section 51A expressly referred to a certified copy of a document registered under the Registration Act, 1908. It also specifically included a copy given under Section 57 of the Registration Act. Section 57 concerns inspection of certain registration records and the supply of copies in accordance with that Act.
- Proceeding under the 1894 Act: Section 51A operated in proceedings governed by the Land Acquisition Act, 1894.
- Registered document: The underlying document had to be one registered under the Registration Act, 1908.
- Certified copy: A certified copy, including one given under Section 57 of the Registration Act, 1908, could be accepted.
- Purpose of acceptance: The copy could be received as evidence of the transaction recorded in the registered document.
Importance of Section 51A in compensation proceedings
Registered sale transactions may be relevant when material concerning land value is placed before the Collector or Court. Section 51A provided a statutory evidentiary route for certified copies of registered documents to be considered in proceedings under the Act. The provision concerned acceptance of the certified copy as evidence of the recorded transaction; the evidentiary weight and relevance of the transaction to the issue being decided remained matters for determination in the proceeding.
Section 52 - Notice for Proceedings Concerning Acts Done Under the Act
Section 52 imposed a procedural condition before a suit or other proceeding could be commenced or prosecuted against a person for anything done in pursuance of the Land Acquisition Act, 1894.
One month previous written notice
No suit or other proceeding could be commenced or prosecuted against a person for anything done in pursuance of the Act without giving that person one month's previous notice in writing of the intended proceeding and its cause. The section also barred such proceeding after tender of sufficient amends.
The notice requirement therefore applied where the contemplated suit or proceeding was directed against a person in respect of something done in pursuance of the 1894 Act. The written notice had to precede the proceeding by one month and identify both the intended proceeding and its cause.
Essential elements of Section 52
- Suit or other proceeding: The statutory language was not confined only to a civil suit; it referred to a "suit or other proceeding."
- Act done in pursuance of the Act: The protection concerned proceedings against a person for something done in pursuance of the Land Acquisition Act, 1894.
- Previous notice: One month's prior notice was required.
- Written form: The notice had to be in writing.
- Contents: It had to state the intended proceeding and the cause of that proceeding.
- Tender of sufficient amends: The concluding part of Section 52 also provided that a proceeding was not to be commenced or prosecuted after tender of sufficient amends.
Difference between Sections 51A and 52
Section 51A was an evidentiary provision. It dealt with the acceptance of certified copies of registered documents as evidence of the transactions recorded in them. Section 52 was a procedural protection concerning proceedings against a person for acts done in pursuance of the Land Acquisition Act, 1894 and prescribed one month's previous written notice together with the statutory rule concerning sufficient amends.
Position after commencement of the 2013 Act
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force on 1 January 2014. Section 114 repealed the Land Acquisition Act, 1894, while preserving the operation of the applicable saving rules. The 2013 Act also contains transitional provisions concerning certain acquisition proceedings initiated under the repealed enactment.
Accordingly, Sections 51A and 52 should not be presented as the current general statutory provisions for acquisitions governed by the 2013 Act. They remain relevant when examining the historical law and where the legal effect of repeal, savings, or transitional provisions requires reference to proceedings under the 1894 Act.
Summary
Under the Land Acquisition Act, 1894 as it stood immediately before the 2013 Act came into force, Section 51A allowed a certified copy of a document registered under the Registration Act, 1908, including a copy given under Section 57 of that Act, to be accepted as evidence of the transaction recorded in the document. Section 52 required one month's previous written notice of the intended proceeding and its cause before commencing or prosecuting a suit or other proceeding against a person for anything done in pursuance of the 1894 Act, and also dealt with tender of sufficient amends.
This article describes the pre-2014 statutory position. The law applicable to a particular acquisition or proceeding depends on its dates, procedural history, and the applicable repeal, saving, and transitional provisions.