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LAND ACQUITIONSALIENT FEATURES

v. RENGANATHANAssistant commission (Retired),Land Revenue Commissionerate

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Schedule of Constitution. When the Government desires to acquire a

land, which is not a Government land, for a bonafied public purpose,it can only be by compulsory acquisition under law, viz. Land

Acquisition Act. Acquisition of land or public purpose in the state is

governde by:

THE LAND ACQUISITION ACT, 1894(Central Act 1 of 1894)

As amended by the Act 68 of 1984, andTHE LAND ACQUISITION (KERALA)

RULES,1990.

The first piece of legislation in respect

of acquisition of property was the Bengal Regulation 1of 1824. The

first enactment on this subject for the whole of British India was Act.

VI of 1857.The existingAct viz. LandAcquisition Act, 1894applied

orginally to British India only. The native states passed their own

Acts. As far as Kerala is concerned, in the erstwhile T.C. area, Land

Acquisition (Travancore)Act, XI of 1089(ME) and LandAcquisition

(Cochin)Act II ofl070 ME were in prevail. Malabar area was under

the MadrasState formpart of British India andhenceLandAcquisition

Act,1894 was there in force. A unified Act was come in to force by

the enactment ofKerala LandAcquisition Act,1961and Kerala Land

Acquisition Rules 1962. The Land Acquisition Act, 1894 (Central

Act 1of1894) came into forcein the Statewith effect from 24.9.1984,

by the enactment of Land Acquisition (Amendment) Act 1894 (Act

68 of 1984). By this, the Kerala Land Acquisition Act, 1961 and its

Rules 1962, then in force, were impliedly repealed. The Land

Acquisition (Kerala) Rules, 1990, framed based on the LA Act,

1894,as amended in 1984, was publishedon 18.5.90.

Every developemental project of the Governmentneeds

suitable land for its implimentation. Identification of most suitable

land is one of the major hurdles considering the inhabitation and

the topographical situation of land in our state as well. If the most

suitable and identified for the purpose is not already the property of

the Government, acquisition of that will be necessited. Acquisition

of land means and implies acquiring the entire title of the

expropriated owner. It also implies transfer of ownership of the

property leaving nothing to the former.

Land is broadly classified into two; viz. Government

land and Private land. Iffor a public purpose, the most suitable land

is not already the property of the Government, acquisition of thatland is to be necessitated.

The word 'property' indicates only that which can be

acquired, disposed or taken possession of. After the 44thAmendent

of the Constitution (in 1978), Clause(l) of Article 31.was omitted

and re enacted as Article 300 A.By this, right to reserve property as

a fundamental right is reduced by that of legal right.

Acquisitioning and Requisitioning of property is

included as item 42 of the concurrent list of (List III) of Seventh

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The object of the L.A. Act is to empower the Government toacquire land for a public puopose. Land can be acquired invokingthe provisions of the Act only for a bonafied public purpose and thatacquisition must be accompained by compensation (Art. 31(2) ofthe cons'titution). No acquisition is permissible without a publicpurpose. What constitute a public purpose is not well defined in theAct. There is only an inclusive definition. It is obviously left to theappropliateGovernmentto declarethe publicpurpose.Beforemakinga requisition the public purpose involved is to be ensured.

Generall)rinciples* Existence of a public purpose isa condition precedent to* compulsary acquisition .* Acquisitionofland should be onlyon paymentofcompensation* Compensation.may bejust equivalent ofthe land of which the

owner is deprivedThere cannot be any deprivation of property except by virtueof law

The court has got jurisdiction int<;>the determination ofcompensation

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Lands given to long-term lease to companies, institutions Ietc.

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Bought-in-lands

Lands taken under KLR Act and rcscved for public

purpose

Land once acquired but not put to any useEscheated lands

Lands vested with L.S.G

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The Land Acquisition Act 55 Sections categorised in 7parts as follows:

Part I: Definition, Appointment of Collectors and Land Sec. 1-3

Acquisitions Courts

Part II: Preliminary investigation, Notification,

Declaration, Awardand Taking possession

Part 1lI:Reference to Courts, Awardof Court and

determination of compensation

Part IV:Apportionment of compensation Sec.24-30

Part V : Payment of compensation or Deposit Sec.31-32

Part VI: Temporary Occupation Scc.35-37

Part VI: Acquisition of Land for Company Sec.38-44

Part VII: Miscellaneous, Service of Notice, Withdrawal SecA5-55

for Acquisition, Cancellation etc

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*

Purpose for which L.A Act can apply:L.~. Act can apply for the acquisition of land for a bonatide

public purposeof Central Govenmlent, StateGovernmentand Publicinstitution or company.L.A. Act camlOtapply unless compensation-tobe awarded is paid wholly or partly out of public revenue.

Government lands shalll10t be acquired, such as:~ Puramboke lands and classifide as Govt. lands

~ Revenue lands (with forest cover) leased out forcultivation

SecA-17

Sec.18-28

" .IMPORTANT STAGES OF ACQUISITION

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~ Preliminary stagePublication of Notification

Enquiry on objection petitions, if any

Survey and preparation of sub division records

Preparation and Publication of Declaration

Determination of Compensation

Awarding Compensation

Taking possession and handing over to R~AReference to courts

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PRILIMINARY STAGE

After identifying a most suitable land for the purpose,

the Requisitioning Department has to makea request under Rule

4(1)in form No.2 to the District Collection Concerned. Administrative

sanction from the Government is to be obtained and the availability of

fund and its budget provision is also to be ensured before making the

request for acquisition of land.

On receipt of the requisition, the L.A.O along with the

Requisitioning Authority to conduct a joint inspection of land which is

peg marked for acquisition. In case the land is required to take possession

in advance by invoking urgency clause uls 17 of the Act, and found that

is a fit case to dispence with the provisions of sec. SA, make a report to

the C.L.R or the Govt.,as the case may be, and obtain sanction to the

effect [Rule 6r/w Sec 17(4)].

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NOTIFICATION STAGE

The object of the notification uls 4(1) of the Act is a public

announcement in respect of that land being needed or likely to be .

needed by Government for a public purpose, and that nOb,odyshoulddeal with the land so notified. Encumbrances, if any, created by the

erstwhile owner after the publication of the notification does not bind

the Government.

Publication of preliminary notification calling objections,

if any, has to be done only after proper inspection of the land. In

notifying the land u/s. 4(1) ofthe Act, it is very improtant that the land

under acquisition is not wrongly described, and ensure that the public

roads, streets etc., are not included in the notification for acquisition.

The Act requires 3 modes of publication namely (a) in the official

gazette (b) in two daily newspaper having vide circulation in the

locality, one of which in a regional language, and (c) substance of the

notification in the locality. Though it is not required to be published'

simultaneously, it should be with in a reasonable time. If any mode of

publication is missed, the last date of publication would never exist.

So time for filing objection under section 5A would never start running.

After publication of notification, a notice under rule 7 is to be issued

calling objection, if any, to the proposed acquisition, which is to be

filed within 30 days from the date of notice.

I)reparation of notification

Notification maybe prepared in the form prescribed under the rules

1. For State under ordinary clause Sec.4(1) Rule 5(1) form 3(a)

2. For Central Govtunder ordinary clause Sec.4(I) Rule 5(2)fonn 3(b)

Sec.4(1) Rule 6(2)

form 3(c)r/w sec.7(4)

4. For Central Govtunderurgency clause Sec 4(1) Rule 6(3)

form 3(d)

r/w sec 17(4)

Rule 7(1) form 4(a)

Rule 7(2) form4(b)

3. For State under urgency clause

5. Public notice Ordinary clause

6.Public notice urgency clause

Publication of Notification

1. in the official Gazatte .2. in two local Dailies having wide circulation in the locality

3. Public noti~e in the locality

ENQUIRY ON OBJECTION PETITION

Objection petitions, if any,filed in response to the notification

U/S4(1)are to be enquiredin detailandthe remarksof theRequisition

Authority on the objections raised are to be obtained. (Enquiry U/S

5A is a quasi-judicial one and therefore opens to review by

courts).The enquiry should deal speciallywith the following classesof objection:

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a.4

Whether purpose for which land is required is not a bonajide

public pl11pose.

Whether the particular land notified is not the best adapted

for the purpose

Whether the area notified is greater than what is actually

required for the pwpose.

Whether the acquisition of the land or any land in the locality

is desirable or expedient

Whether the land under acquisition is any excess land comes

under ceiling case

Whether there are any ohjectionable elements in or near theland.

b.

c.

d.

e.

f

The Land Acquisition Officer to hear objection, hold enquiry

and scnt a report to the Commissioner of Land Revenue or the

Government, as the case may be, for final orders. Enquiry has to be

conducted only on due notice.

Enquiry II/S. 5A call Itave no application if tlte acquisition isresorted to u/s. 17 (14)

Notice for hearing of objection Sec. 5A Rule 8 (1) Form 4(c)

Holding enquiry in to objections Sec.5A Rule 8 (3)(after obtaining remarks of Requisitioning authority)

Detailed survey and Preparation and D.D. recrdsSec.8 Rule 8(4)

Scrutiny and approval of S.D. records by S.S.L.R Rule 8(4)

\, Survey and Preparation of sub division redords

In view of sec.8 of the Act, accuracy in description of areal

axtent is the condition precedent to acquisition proceedings.

Therefore the land under acquisitiopn has to be ~urveyedin detailand S.D.recordsprepared. Before the surveyoperation,a notification

u/s 6 of the S&B Act, in form 16 of the Survey Manual is to bepublished. It can be done simultaneous to the notification u/s 4(1).

The surveysketch and subdivisionrecordshave to be got scrutinized

by the SSLRunder the provisions ofS&B Act and Rules, as requiredby Rule 8(4) of the L.A. Rules.

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DECLARATION STAGE

Publication of Declaration u/s.6 and taking order for the

acquisition of land u/s. 7 of the Act is one of the main statutory

requirements. Land cannot be acquired under the LAAct unless theGovernment orthe Additional Commissioner of Land Revenue, as

the case may be, make a declaration u/s. 6 and order u/s. 7 of the

Act. The L.A.O. has to prepare a draft declaration ~nthe appropriate

from prescribed for, and submit for its approval. .Preparation of Draft Declaration

Draft Declaration may be prepared in the appropriate forms

prescribed by the Rules.

For Central Govt. under ordinary clause

Under urgency clause

Sec.6 Rule 8(5)

Form5(a)

Form 5(b)

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For State Govt. under ordinary clause

Under urgency clauseForm 5(c)

Form 5(d)

Documents to be accompanied with D.D.for scrutiny andapproval

1. Copy of Requisition

2. Publishec copies of Notification and publication and publicnotice

3. Copy ofB.T.R and T.P.extract

4. Survey sketch and S.D. records5. Reconciliation statement

6. Objection Petitions, if any.

7. Report of enquiry u/s 5 A

8. Confidential report on objectionable elements

Approval of D.D

Approval of draft declaration shall only be after consideringthe report of enquiryu/s 5A. If the acquisition)s not for Government

puupode, approval of draft declaration shall only be on executingan agreement in form No.7. No declaration shall be made unless

the compensation to be awardeed for such land is to be paid by a

company, wholly or partly out of public revenue or some flmd

controlled or managed by a lacal authority. Declaration Shall be

made within one year fromthe date of punlication of nitification. In

computing the period for making the declaration, the period of stay.order made by a court shall be excluded.

Declaration shall be published in Gazatte, two dailies and inthe locality, as in the case of notofocation. Each Notification and

Declaration as it appears in the Gazatte and News papers should

carefully be checked as soon as it has been published and errors or

omission, if any, should be remidied by publication of an erratum

before proceedings are carried further. It is up to the L.A.O theat

the survey and sub divisions are carried properly based on Revenue

Records and the land is classified as on the position of the date ofnotification.

DETERMINATION OF COMPENSATION

An owneer of the land is entitled to the value of the property

at the time of expropriation which takes place at the date ofnotofocation uls 4( 1) and so the market value of the property to bedetermind with reference to the date of the notification. Therefore

compensation to be awarded to the land under acquisition is to be

arrived at based on the prevailing market value ofthe land as on thedate of notification.

Marl{et value of land can be determined based on:

.:. Price paid for the same land

.:. Price paid for similar and similarly situated land in the vicinity

.:. Price paid for adjacent land having same a~vantage

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i) Sale should be with in a reasonable period and it should be bonafid.

ii)The landunder acquisitionand the land selectedas Basis should possess

similar advantage.

iii) Agricultural land to be valued as per expert opinion\

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Identification of a basis land similar and similarly situated with in

a short radius with reference to the land under acquisition to arrive at the

market value of the land is one of the prime responsibilities of the Land

Acquisition Officer. Categorising of lands under acquisition according

to its potentially is also most importent . It is an exercise of his own

judgement on his experiences with reference to the data collected from

the interestedparties and independentevidence as well.The compensation

awarded must be a sum, in his opinion, is fair and proper, according to

the recognised principles of valuation, which could be substantiated as

and when called for. He must make himself familiar with the recognised

\ principles of valuation and must also possess necessary local

knowledgeand business capacityfor applying these principles to the facts

of the case. The land selected as 'Basis' and the land under acquisition

should possess similar advantages.The sale relied on should be within a

reasonable period and it should be a bonafid one.Building and structures,

if any,on thelandwhichcostsmorethanRs. 50001-shouldbe valuedby

the competent Engineers.Basis for valuation and the Detailed Valuation Statement are to be

got approved by the District Collector.

A detailed mahazar should be prepared for the purpose of

valuation-{Rule 10(2)J

Preparation of basis for valuation

Approval of Basis by D.C

Obtaining valuation report of structures from PWD

Preparation ofDVS Rule 10(2)(I). Matters to be considered Sec 23

(H).Matters to be neglected Sec 24

Rule 10(1)

Rule 10(1)Rule 10

From No.8

Rule 10(1)

Approval ofD V S 1 Rule 10(3)

Obtaining fund from R.A Rule 12(3)

As soon as the D.V.S is got approved and required fund

for the payment of compensation is receivedfrom the Requisitioning

authoyity, an enquiry u/s 11 is to be conducted by the L.A.O.

personally, under due notice. In the absence of sufficient fllnd at

the disposal of the Collector, he shall not make any award.

Award enquiry

A notice of enquiry should be served on all interested

parties under Rule 11(2). A notice should also be given to the

Requisitioning Authority, in case it is a local authority or company

for which land is being acquired, so as to enable them to exercise

the privilege conferred upon it by Sec.50 (2) of the Act.

Notice to be published in the locality Sec 9(1) Rule 11(1)

Notice to be served on all interested parties Sec 9(3)r/w sec.45Rule 11(2)

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LAO to enquire in to the measurement, value,claim

and interest of party over the land Sec 11(1)

The L.A.O may, for any cause he thinks fit,adjourn .the enquiry Sec 13

Local Authority/Companycan adduce evidence for

the purpose of determination of compensation Sec 50

The Collector (LAO) to hold an enquiry under sec.11 of the

Act to pas an Award. Statement of claims received from persons

interested, in response to notice under rule 11(1)& (2), the Collector

shall enquire in to (a) the objections, if any,'as to measurement of

the land to be acquired (b) the value of the land at the date of

publication of 4( 1) notification and (c) the respective interests of

persons claiming compensation. Identification of parties interested

over the compensation is another important factor. Care should be

taken that compensation is not awarded and paid to a wrong person.

So also, if there is any dispute on the apportionment of compensa-

tion, it is better to take the advantage of Sec. 30 of the Act. Ajoint

award without apportionment is invalid.

SERVICE OF NOTICE

Any laps or latches in the service of notice makes embarassing

situation. Service notice u/s 9(3) read with sec. 45 shopuld be:

. By personal tender, if not possible,

. By service to adult male member of his family, if not,

. Byaffixture. .

. If the person resides else where, by registered post of hislast known address.

Persons i/lterestedmea/ls: Titleholder,Occupant,Tenant,Easement

right holder, persons prossessing any kind of interest over thecompensation.MAKING OF AWARD

The land owner is entitled to be awarded the market value of

the lands, additional market value @ 12% per annum u/s. 23 (IA)for the periods from the date of publication of notification u/s.4(1)

to the date of award or taking possession of the land,in the case of

advance possession, which ever is earlier, and solatium @ 30% of

the market value u/s. 23 (2) for the compulsory nature of the

acquisition. Ifthe land is taken possession in advance, the awardee

is eligible to get interest at the rate specified for the period from the

date of taking possession to the date of payment. Care should betaken that additional market value and interest are not paidconcurrently. .

If a land notified for acquisition is found at a later that it is a

government land, no award should be passed, but the proceedings,

taken should be cancelled and a notice in form 18 be published.

Preparation of AwardAward should contain:

* True area of the land

* Market value

* Additional market value

* S~latium @ 30%.

Rule 12 Frm No: 10Sec 11

@ 12 % p.aSec 23(1) ASec 23(2)

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Apportionment aof compensation:

Sispute, if any, on apportionment-Ref.court.

Sec 29

Sec.30.RuleI6

From No:15

Prior approval of award Proviso to Sec II (I) Rule 12

(i) below Rupees i Crore D.C RuleI2(1)(a)

(ii)between 1 Crore and 2 CroresCLR Rule I2(I)(b)(iii)above 3\2 Crores Govt. Rule 12« 1)(c)Passint\g of Award Sec.11(1) Rule 12(1)

Award to be passed within 2 years from the date Sec.11A

Of publication of DeclarationAward not to be passed unless LAO has sufficient

Fund at his disposalAwardunder agreement between interested parties Sec II (2)

Rule 12(5)Form.10(a)

Rule.12(3 )

And Acquiring BodyAward of the collector is to be final

Notice of Awai.dto interested parties

Sec 12

Sec 12(2) Rule 13(1)

form 1O(b)

Notice to be served on awardees Sec 45 Rule 13(1)

As well as other persons interested in the land

Tile Collector, after Ile Ilas made Ilis award uls 11, is /lot

compete/lt to ame/ld ;1or make a suppleme/ltary award except ill

tile case of clerical errors or otller mistakes or omissio/l appare/lt

of tileface of the records.

Taking possession of landIn taking possession of land and handing over to the

Requisitioning department, it is to be ensured that the improvements

shown in the mahazer do agree with that seen in the field. Care

should be taken to deduct the cost of missing improvements, if any,

found at the time of taking possession.

Notice of taking possession ofland to parties Sec 12(2)

Rule 15(3) form 12

Notice to the Requisitioning Authority Rule 15(3) form 13Enforce surrender of land Sec 47 Rule 15(4)

Advance possession (under urgency clause) Sec 17(2) Rule 15(5). .

Taking possession & Handing over to RA Sec 16 Rule 15(2)

Payment of compensation Sec.14 Rule 14(1)form D

(within one monthfrom the date of award)

Payment or credit to court to be in favour of presidingOfficer Rule 14(3)

Payment shall be in 'D' Form cheque Rule 15(2)

Notice to parties to whom payment Rule 13(2)form 11

Could not made

Intimation to Sub Registrar regarding passing of award. Rule 15(6)

form 14

Preparing Statement of compensation awarded

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Rule 12(2)form A

Reference to Court due to dispute

on apportioruTIentof compensation Sec 31 Rule 16Schedule of information for reference to Court

form 16&17

PREFERENCE TO COURTIf a person is not satisfied by the amount awarded, but received.

under protest, he has a right to apply for a reference u/s 18 of the

Act. But receiving the payment without any protest and'making an

application for reference immediately there itself is not sufficient

to infer that the amount accepted is under protest. Delay or inaction

for refusing the case leadto enhancementof compensation and there

by increase the liability of state. Conduct of LAR cases is lead to

enhancement of compensation and there by increase the liability of

state. Conduct ofLAR cases is another impor!ant stage to safeguard

the interest of Government. It should be Properly and promptly

defended, care should be taken to ensure that no case is allowed by.the court in the absence of state witness or state evidence, resulting

abnormal enhancement of compensation. In all LAR cases the

Requisition Department will also be informed of the different stagesof case in time.

Collectorto filestatementto Court Sec.19 Rule 16(1) form 15 .

(supported by form 16 & 17)

Application for Reference to Court u/s 18(1) & .RuleI6(2) form21 &

form 2328 A (3) to be entered in Register

Service of Notice

Award by court

Sec.20

Sec 25

Any delay or reluctance on thepart of RequisitionDepartment

to provide sufficient fund to satisfy the decree create embarrassingsituations. Often the District Administration faces the threat of

attachmcntof Government properties.Toavoidhub\gelossof money

to the State Exchequer on account of payment properties. To avoid

huge loss of money to the State Exchequer on account of payment

of interest and also attachment of Government properties, the Land

Acquisition Officer is primarily responsible to see that the amountis deposited in the Court either by obtaing fund from the

Requisitioning Department or by availing the lump sum provision

chargcd (lI/a. 2075-Misc - 800 -other expenditure 53 Deposit ofdecretal amount to Court fee satisfaction of Court Decree.

RE-DETERMINATION OF COMPENSATION

When in an awardthe Court allowsto the applicantanyamount

of compensation in excess to the amount awarded by the Collector,

the persons interested in all other land covered by the same

notification, who are also aggrieved by the award of the Collector

has a right to file an application for the re-determination of

compcnsation on the basis of the Court award. Application for re-

detennination of compensationuls 28A on the basisof a courtaward,shall be in fonn 22A and the Award in form IO~ and it shall be

within three months from the date of award of the Court. Provided

that the awardees has not availed the provisions of sec.18.

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(Every award ullder Sec.28A sitall be got approved by tlte competellt

authority subject to the mOlletary limit prescribed)

Acquisition for Company (for the amenities of workmen)Previous Consent Sec 39

Previous enquiry Sec 40

Agreement Sec 41

Publication of agreement Sec 42Service of Notice Sec 45

Withdrawal from acquisition

The government is empowered uls 48 to withdraw from

acquisition at any stage before taking possession of the land, if isfound later that the land is no suitable for the purpose or otherwise.

If possession has been taken in advance, the Govt. cannot withdrawfrom acquisition uls 48.

Finalization of survey and changes in Revenue recordsAfter the final security of S.D. Records, a notification uls 13

of the S&B Act is to be published and thereafter changes in the

Village Records can be carried out. Then the L.A.O has to submitL.A.C.M. to the District Collector.

V. Renganathan.

APPENDIX -IIA

STAGES IN LAND ACQUISITION CASESUNDER THE

PERT METHOD

With a view to complete the land acquisition proceedings

expeditiously, the LandAcquisition steps have been divided into 34

activities and a PERT (Project Evaluation Review TechniqueChart)

is drawn up. The different Stages of activities and the time allowed

for each item are given in Appendix I. The PERT chart is given in

Appendix II and an Index checklist is given inAppendix III. These34 activities have been arranged into 4 stages of action combining

the activities, which can be carried out simultaneously.

(Notification stages)

Immediately on receipt of a requisition through the District

Collector, the Land acquisitionOfficershould conductan inspection

of the land proposed for acquisition, preferably a joint inspection

with the Departmental Officer of the Requisitioning Department

and conduct a preliminary enquiry.This should be completed within

30 days from the date of receipt of Requisition(Activity No.2)The notificationunder section6 ofthe S&BAct to be published

within 30 days preliminary notification under section 4(1) of theL.A.Act, 1894 can be published within the next 60 days from the

date oflocal inspection (Activity No. 3&4).

12As soon as the notification under Section 6 of the S&B Act is

published, the Land can be surveyed and demarcated. 90 days a~

allowed for the field surveyand preparation ofS.D.records(Activity

No.5). In the meantime, a list of structures, if any, in the land, which

cost more than Rs. 5000/-, may sent to the PWD for valuation(Activity No 7)

After a clear interval of 30 days from'the publication of 4(1)

notification,the LandAcquisitionOfficershouldconduct the enquiry

under section SA on objection petitions, if any, field against the

acquisition. 9Ddays are allowed from the publication of the 4(1)

notification for the completion of enquiry (ActivityNo.8) Basis for

valuation can be prepared and got approvedsimultaneously.(Activity

No.9 and 20)

In the meantime, the survey and sub division records can be

got scrutinized and approved by the Superintendent of Survey and'

Land Records (Activity No.6)

Approval of basis and scrutiny of Survey and Sub Division

records can be got carried out simultaneously.

Draft Declaration Stage

As soon as the enquiry under section 5A is completed and

surveyrecords are got approved, Draft Declaration can be drawn up

and sent for approval. This should be done within 120 days from

the date of publication of the 4( I) notification (Activity No.ll).

On receipt of the draft declaration, the Government or the

Commissioner of Land Revenue, as the case maybe, after ascrutiny,

approve the DD and sent it for publication. There will be 30 days

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J! for the approval and publication of the Draft Declaration(Activity

No.12). The PWD will get 80 days for the approval of valuationofstructuresand sentback toLAO (ActivityNo.14) In the meantime,

the LA Officer can prepare the D.Y.S(Activity No 14) and then

submit it to the District Collector for his approval 'Activity No.15).

The District Collector will get 30 days for the scrutiny and approvalofD.Y.S (Activity ~0.16)

3rd Stage(Award) -

As soon as the Declaration is published and D.Y.S approval,the L.A Officer should issue notice under section 9(1) and 10 and

the Under section 9(3) and 10 and conduct the award enquiry.

Simultaneously the Requisitioning Authority will be requested to

place the required funds at the disposal ofthe L.A Officer (ActivityNo.1? & 18)

As soon as the award enquiry is completed, award in form

No.IO should be drawn up and submitted to the competentauthority

for prior approval(ActivityNo. 19).Therewill be 25 daysfor scrutiny

and approval of draft Award(Acti-yityNo. 29). After obtaining the

prior approval, Award should be passed (ActivityNo.21).

Post Award Stage

Information on passing of Award should be sent to the District

Collector and the Requisitioning Department (Activity No.23).

Notice under section 12(2) and under section 9(2) can be issued

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simultaneously (Activity No.22). Compensation will be paid to the

interested parties or deposited to the courts, as the case may be.(Activities 24 & 29).

.)

Along with Activities 23 & 24, the Land Acquisition Officerwill issue notice to the parties whom payment could not be made

(ActivityNo.2?). In the meantime the land can be taken possession

and handed over to the Requisitioning Department (Activity No.25). Statement in Form 14to the sub Registry Office should also be

sent within 5 days from taking over possession (Activity No.28).

In the case of dispute as to apportionment of compensationetc. the case may be referred to the decision of the Court within 20

days from the date of award (ActivityNo.29).

Within 45 days from the date of notice u/s.9 (2) of S&B Act

the revised Revenue records may be subjected to final scrutiny and

approval and a statement of changes Prepared. As soon as the

statement of changes is approve (Activity No.30) and notified

(ActivityNo.31) necessary changesmaybe carried out in the villageand Taluk accounts (Activity No. 32). Application s uls 18 forenhancementof compensation,if any,filedmaybe referred to Courtssimultaneously (ActivityNo.33)

After effecting changes in the village Records final L.A.C.M maybe sent to the District Collector (Activity No.34)

,

The following guidelines may be followed in all land Acquisitioncases.

1. Immediately on receipt of the requisition for acquisition of

land, the L.A Officer should inspect the landbefore the report ofthesubordinate officer is called for. This should be preferably a joint

inspection with the concerned Department Officers so that the L.A

Officer will be in a position to know the details landsuitability ofthe land selected.

11. Usually delay is noticed in obtaining the Sub Division records

from the Superintendent of survey and Land Records and also thevaluation statement of structures from the P.W.D.TheL.A Officer

should take advance actionto get the details fromthe above Officers.

The fact that delay will result in loss to Government by way of

payment of interest should be brought to the notice of the

superintendent of survey and Land Records and the P.W.D. This

should not be handled in a routine way by reminding them

periodically. If it is felt that the details could not be obtained within

the time limit prescribed in the PERT Chart, the Officers concerned

should be personally contact and even this attempt is not successful

the matter should be brought to the notice of the concerned higher

authorities as well as the Requisitioning Authority.

iii. At the time of conducting SA enquiry it is desirable to-have

the presence of an official from the Requisitioning Department so,

that the objections can be discussed straight away and decision takenearly.

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iv. The expeditious disposal of L.A proceedings can hardly beover emphasized in thc interest of the affected public. Is is alsoimportant for the requisitioning Department for whom the land isacquired, so as to avoid cost over-run time over-run of the projects.

v. The L.A act 1894, as amended by the L.A (Amendment) Act

1984contemplates a time limit ofthree years within whi~h differentstages of the acquisition proceedings have to be completed.oOtherwise, the acquisition proceedings will lapse and proceedingshave to be stated afresh (Denova). The time limit prescribed in theAct is the maximum admissible and this span oftime is not requiredto complete the L.A proceedings. Hence the endeavor of the LandAcquisition Officers should be to complete the L.A proceedings atthe earliest. The PERT method is intended to have a time frame for

each action under the L.A proceedings and to have an idea of thevarious activities to be completed under the L.A.Act at each stageof action. Even the time limit prescribed in the PERT method is themaximum and L.A proceedings can be completed earlier than thetime limit, if thee is a will. IfL.A cases are not finalized within anyear from the date of issue of Section 4(1) notification, it will resultin extra financial commitment. So the LA Officers will see that the

,L.Acases not completedwithin one year are processed expeditiously.and award passed at the earliest.

vi. cklist as per appendix III will be prepared dividing the variousoactivities and fixing the time limit for completion of works as perthe time allowed in the PERT chart and kept in each file. The landAcquisition Officcrand the inspectingOfficerswill see that the workis completed as per the time schedule prescribed.

. . . . . . . . . . . . . . D. . . . . . . .