THE LAND ACQUISITION ACT, 1894 (BARE-ACT)

(1 OF 1894)(As modified up to the Ist September, 1985) Subordinate legislation – being published separately) GOVERNMENT OF INDIA MINISTRY OF Law and Justice

PART I : PRELIMINARY SECTIONS:

1. Short title, extent and commencement.

2. (Repealed)

3. Definitions.


PART II ACQUISITION Preliminary investigation

4. Publication of preliminary notification and powers of officers there upon.

5. Payment for damage.


Objections

5A. Hearing of objections.


Declaration of intended acquisition

6.Declaration that land is required for a public purpose.

7.After declaration, Collector to take order for acquisition.

8.Land to be marked out, measured and planned.

9.Notice to persons interested.

10.Power to require and enforce the making of Statements as to names and interests. Enquiry into measurements, value and claims, and award by the Collector.

11.Enquiry and award by Collector.

11A. Period within which an award shall be made.

12.Award of Collector when to be final.

13. Adjournment of enquiry.

13A. Correction of clerical errors, etc.

14. Power to summon and enforce attendance of witnesses and production of documents.

15. Matters to be considered and neglected.

15A. Power to call for records, etc.


Taking possession

16.Power to take possession.

17.Special powers in cases of urgency


PART III Reference to court and procedure thereon.

18. Reference to Court.

19. Collector’s statement to the Court.

20. Service of notice

21. Restriction on scope of proceedings.

22. Proceedings to be in open Court.

23. Matters to be considered in determining compensation.

24. Matters to be neglected in determining compensation.

25. Amount of compensation awarded by Court not to be lower than the amount awarded by the Collector.

26. Form of awards.

27. Costs.

28. Collector may be directed

28A. Re-determination of the amount of compensation on the basis of the award of the Court.


PART IV APPORTIONMENT OF COMPENSATION

29. Particulars of apportionment to be specified.

30. Dispute as to apportionment.


PART V PAYMENT

31.Payment of compensation or deposit of same in Court.

32.Investment of money deposited in respect of lands belonging to persons incompetent to alienate.

33.Investment of money deposited in other cases.

34.Payment of interest.

PART VI TEMPORARY OCCUPATION OF LAND

35. Temporary occupation of waste or arable land. Procedure when difference as to compensation exists.

36.Power to enter and take possession, and compensation on restoration.

37.Difference as to condition of land.


PART VII ACQUISITION OF LAND FOR COMPANIES SECTIONS

38(Repealed)

38A. Industrial concern to be deemed Company for certain purposes.

39. Previous consent of appropriate Government and execution of agreement necessary.

40. Previous enquiry.

41.Agreement with appropriate Government.

42.Publication of agreement.

43. Sections 39 to 42 not to apply where Government bound by agreement to provide land for Companies.

44. How agreement with Railway Company may be proved.

44A. Restriction on transfer etc.

44B. Land not to be acquired under this Part except for certain purpose for private companies other than Government companies.


PART VIII MISCELLANEOUS

45. Service of notices.

46. Penalty for obstructing acquisition of land.

47. Magistrate to enforce surrender.

48. Completion of acquisition not compulsory, but compensation to be awarded when not completed.

49. Acquisition of part of house or building.

50. Acquisition of land at cost of a local authority or Company.

51. Exemption from stamp-duty and fees.

51A. Acceptance of certified copy as evidence.

52. Notice in case of suits for anything done in pursuance of Act.

53. Code of Civil Procedure to apply to proceedings before Court.

54.Appeals in proceedings before Court.

55.Power to make rules.





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