Sections Particulars
Part I Preliminary
1 Short title, extent and commencement
(1) This Act may be called the Land Acquisition Act, 1894;(2) It extends to the whole of India except Part B States; and(3) It shall come into force on the...
2 Repeal
3 Definition
In this Act, unless there is something repugnant in the subject or context,-(a) the expression” land" includes benefits to arise out of land, and things att...
Part II Acquisition
4 Publication of preliminary notification and powers of officers of there upon
(1) Whenever it appears to the appropriate Government that land in any locality {Ins.by Act.38 of 1923, s.2.} [ is needed or ] is likely to be needed for any...
5 Payment for damage
The officer so authorised shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid, and, in case of dispute as t...
5A Hearing of objections
(1) Any person interested in any land which has been notified under section 4, Sub-section (1) as being needed or likely to be needed for a public purpose or...
6 Declaration that land is required for a public purpose
(1) Subject to the provisions of Part VII of this Act, {Subs. by Act 38 of 1923, s.4.for "whenever it appears to the L.G."}[when the appropriate Government i...
7 After declaration Collector to take order for acquisition
Whenever any shall have been so declared to be needed for a public purpose or for a Company the appropriate Government, or some officer authorised by the app...
8 Land to be marked out, measured and planned
The Collector shall thereupon cause the land (unless it has been already marked out under section 4 ) to be marked out. He shall also cause it to be measured,...
9 Notice to persons interested
(1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to tak...
10 Power to require and enforce the making of statements as to names and interests
(1) The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being earlier than fifteen days af...
11 Enquiry and award by Collector
On the day so fixed, or any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any ...
12 Award of Collector when to be final
(1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector...
13 Adjournment of enquiry
The Collector may, for any cause he thinks fit from time to time adjourn the enquiry to a day to be fixed by him....
14 Power to summon and enforce attendance of witnesses and production of documents
For the purpose of enquiries under this Act the Collector shall have power to summon and enforce the attendance of witnesses, including the parties intereste...
15 Matters to be considered and neglected Taking possession
In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24....
16 Power to take possession
When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the Government, free from...
17 Special powers in cases of urgency
(1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration of fifteen...
Part III Reference To Court And Procedure Thereon
18 Reference to Court
(1) Any person interested who has not accepted the award may, be written application to the Collector, require that the matter be referred by the Collector f...
19 Collectors statement to the Court
(1) In making the reference, the Collector shall state for the information of the Court, in writing under his hand,--(a) the situation and extent of the lan...
20 Service of notice
The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before...
21 Restriction on scope of proceedings
The scope of the inquiry in every such proceedings shall be restricted to a consideration of the interests of the persons affected by the objection....
22 Proceedings to be in open Court
Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the State shall be entitled to appear, and a...
23 Matters to be considered in determining compensation
(1) In determining the amount of compensation to be awarded for land acquired under this Act, the court shall take into consideration---first, the market-va...
24 Matters to be neglected in determining compensation
But the Court shall not take into consideration---first, the degree of urgency which has led to the acquisition;secondly, any disinclination of the person i...
25 Rules as to amount of compensation
(1) When the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not excee...
26 Form of awards
(1) Every award under this part shall be in writing signed by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of section...
27 Costs
(1) Every such award shall also state the amount of costs incurred in the proceedings under this part, and by what persons and in what proportions they are t...
28 Collector may be directed to pay interest on excess compensation
If the sum which, in the opinion of the Court, the Collector ought to have a awarded as compensation is in excess of the sum which the Collector did award as...
Part IV Apportionment Of Compensation
29 Particulars of apportionment to be specified
Where there are several persons interested, if such persons agree in the apportionment of the Compensation, the particulars of such apportionment shall be sp...
30 Disputes as to apportionment
When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to th...
Part V Payment
31 Payment of compensation or deposit of same in Court
(1) On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto acc...
32 Investment of money deposited in respect of lands belonging to persons in competent to alienate
(1) If any money shall be deposited in Court under sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was...
33 Investment of money deposited in other cases
When any money shall have been deposited in Court under this Act for any cause other than that mentioned in the last preceding section, the court may, on the...
34 Payment of interest
When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with int...
Part VI Temporary Occupation Of Land
35 Temporary occupation of waste or arable land. Procedure when difference as to compensation exists
(1) Subject to the provisions of Part VII of this Act, whenever it appears to the appropriate Government that the temporary occupation and use of any waste o...
36 Power to enter and take possession, and compensation on restoration
(1) On payment of such compensation, or on exciting such agreement or on making a reference under section 35, the Collector may enter upon and take possessio...
37 Difference as to condition on land
In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the sai...
Part VII Acquisition Of Land For Companies
38 Company may be authorized to enter and survey
(1) {The words "Subject to such rules as the G.G.of India in C.may from time to time prescribe in this behalf" rep.by s.2 and Sch.I of Act 38 of 1920.} The ...
39 Previous consent of appropriate Government and execution of agreement necessary
The provisions of section 6 to 37 (both inclusive) shall not be put in force in order to acquire land for any Company, unless with the previous consent of the...
40 Previous enquiry
(1) Such consent shall not be given unless the appropriate Government be satisfied, {Ins, by Act 38 of 1923, s.9}[either on the report of the Collector under...
41 Agreement with appropriate Government
{The words "Such officer shall report to the L.G.the result of the enquiry and" were rep.by Act 38 of 1923, s.10.} If the appropriate Government is satisfied...
42 Publication of agreement
Every such agreement shall, as soon as may be after its execution, be published {The words "in the Gazette of India and also" rep.by the A.O.1937.} in the ...
43 Sections 39 to 42 not to apply where Government bound by agreement
The provisions of sections 39 to 42, both inclusive, shall not apply and the corresponding section of the {Rep.by this Act.} Land Acquisition Act, 1870, sh...
44 How agreement with Railway Company may be proved
In the case of the acquisition of land for the purposes of a Railway Company, the existence of such an agreement as is mentioned in section 43 may be proved ...
Part VIII Miscellaneous
45 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 off...
46 Penalty for obstructing acquisition of land
Whoever wilfully obstructs any person in doing any of the acts authorised by section 4 or section 8, or wilfully fills up, destroys, damages or displace any ...
47 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 himse...
48 Completion of acquisition not compulsory, but compensation to be awarded when not completed
(1) Except in the case provided for in section 36, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has no...
49 Acquisition of part of house of building
(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner d...
50 Acquisition of land at cost of a local authority or Company
(1) Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or...
51 Exemption from stamp-duty and fees
No award or agreement made under this Act shall be chargeable with stamp-duty, and no person claiming under any such award or agreement shall be liable to pa...
52 Notice in case of suits for anything done in pursuance of Act
No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to such person a m...
53 Code of Civil Procedure to apply to proceedings before Court
Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the (See now the Code of Civil Procedure, 1908 (5 of 1908)....
54 Appeals in proceedings before Court
Subject to the provisions of the Code of Civil Procedure, 1908 applicable to appeals from the original decrees, and notwithstanding anything to the contrary...
55 Power to make rules
(1) The appropriate Government shall {The words "subject to the control of the G.G.in C." were rep.by Act 38 of 1920, s.2 and Sch.I} have power all matters c...
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