Sections 8 and 9 of the Land Acquisition Act, 1894: Marking and Measurement of Land and Notice to Persons Interested

After the declaration and direction for acquisition under Sections 6 and 7, Section 8 required the Collector to have the land marked out and measured and, where necessary, a plan prepared. Section 9 then required notice of the intended possession and invited persons interested to state their interests and compensation claims.

Historical law note: This article explains the Central statutory position immediately before the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force on 1 January 2014. The 2013 Act replaced the Land Acquisition Act, 1894 subject to its saving and transitional framework. State amendments or adaptations may also affect particular proceedings.

Sections 8 and 9 at a glance

Section 8 required the Collector to cause the land to be marked out unless it had already been marked under Section 4.
The land had to be measured and a plan made if one did not already exist.
Section 9(1) required public notice at convenient places on or near the land.
The notice stated the Government's intention to take possession and invited compensation claims for interests in the land.
Interested persons were to be called before the Collector at a time not earlier than 15 days after publication of the notice.
They could state their interests, compensation claims and objections to Section 8 measurements.
Separate service rules applied to occupiers, known interested persons and persons residing outside the revenue district.

Section 8: Land to be marked out, measured and planned

Section 8 required the Collector, after the preceding acquisition steps, to cause the land to be marked out unless it had already been marked under Section 4. The Collector was also required to cause the land to be measured.

Plan of the land: If no plan of the land had already been made, Section 8 required a plan to be prepared. Marking, measurement and planning therefore identified the land for the subsequent notice, claims and award process.

Section 9(1): Public notice of intended possession and compensation claims

After the Section 8 process, the Collector had to cause public notice to be given at convenient places on or near the land proposed to be taken. The notice was required to state that the Government intended to take possession of the land and that claims to compensation for all interests in the land could be made to the Collector.

Section 9(2): What the notice had to contain

The notice had to state the particulars of the land needed and require all persons interested in the land to appear personally or by agent before the Collector at the time and place specified in the notice.

Minimum notice period: The specified appearance time could not be earlier than 15 days after the date of publication of the notice.

Persons interested were required to state:

the nature of their respective interests in the land;
the amount and particulars of their claims to compensation for those interests; and
any objections to the measurements made under Section 8.

The Collector could require the statement to be made in writing and signed by the person concerned or that person's agent.

Section 9(3): Service on occupiers and known interested persons

In addition to public notice, the Collector had to serve notice to the same effect on the occupier, if any, and on persons known or believed to be interested in the land, or entitled to act for such persons, where they resided or had agents authorised to receive service within the revenue district in which the land was situated.

Section 9(4): Interested persons residing elsewhere

If an interested person resided elsewhere and had no agent authorised to receive service within the revenue district, Section 9(4), in the statutory text applicable at the time, required the notice to be sent by post in a letter addressed to that person's last known residence, address or place of business and registered under Sections 28 and 29 of the Indian Post Office Act, 1898.

The postal-law reference above is retained because it formed part of the historical Section 9(4) text relevant to the requested pre-2014 legal position.

Who is a person interested?

The expression "person interested" was defined in Section 3 of the Land Acquisition Act, 1894. In substance, the statutory definition included persons claiming an interest in compensation to be made because of acquisition and treated a person interested in an easement affecting the land as a person interested in the land.

How Sections 8 and 9 fit into the acquisition process

Sections 8 and 9 followed the declaration and Collector-direction stage under Sections 6 and 7. They identified the land and brought compensation claimants into the acquisition process. Section 10 supplemented this process by empowering the Collector to require statements concerning names and interests, while Section 11 governed the inquiry and award.

Current legal status

The Land Acquisition Act, 1894 is no longer the general Central statute governing new land acquisitions. The 2013 Act came into force on 1 January 2014 and repealed the 1894 Act through Section 114, subject to the applicable saving and transitional provisions. For older acquisitions, the relevant dates, stage of proceedings and any applicable State amendments should therefore be checked.

Editorial note: This article describes the Central statutory position immediately before commencement of the 2013 Act. It does not replace examination of State amendments, adaptations or saving provisions applicable to a particular acquisition.