The provision of land for planned development of land om public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned.

The provision of land for a corporation owned or controlled by the state.

The provision of land for residential purposes to the poor or landless or to persons residing in areas affected bny natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the state.

The provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or any authority established by Government for carrying out any such scheme, or with the prior approval of the appropriate Government, by a local authority, or a society registered under the Societies Registration Act, 1860 or under any corresponding law for the time being in force in a state or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any state.

The provision of land for any other scheme of development sponsored by the Government, or with the prior approval of the appropriate government, by a local authority.

The provision of any premises or building for locating a public office, But does not include acquisition of land for companies.

The doctrine of Eminent Domain

The power to take proper take property from the individual is rooted in the idea of eminent domain. The doctrine eminent domain. The doctrine of eminent domain states, the sovereign can do anything, if anything, if the act of sovereign involves public interest.

The doctrine empowers

the Doctrine empowers the sovereign to acquire private land for public use provided the public use, provided the public nature of the US demonstrated beyond doubt: The doctrated beyond doubt. The doctrine is based on the following two Latin maxims,

1) Salus populi suprema lex (Welfare of the People Is the Paramount Law)

(2) Necessitas publica major est quam (Public Necessity Is Greater Than Private Necessity). In the history of modern India, this doctrine was challenged (WICC is doctrine was challenged twice (broadly speaking) land reform was initiated and another time when Banks were nationalized. Constitution of India originally provided the right to Moperty (which includes land) under Articles 19 and 31. Article 19 guaranteed that all citizens have the right to acquire, hold and dispose of property. Article 31 stated that "no person shall be ucprived of his property save by authority of law." It also indicated that compensation would be paid to a person whose property has been taken for public purposes (often subject to wide range of meaning). The Forty-Fourth Amendment of 1978 deleted the right to property from the list of fundamental rights with an introduction of a new provision, Article 300-A, which provided that "no person shall be deprived of his property save by authority of law" (Constitution 44th Amendment). The amendment ensured that the right to property is no longer a fundamental right but rather a constitutional/legal right/as a statutory right and in the event of breach, the remedy available to an aggrieved person is through the High Court under Article 226 of the Indian Constitution and not the Supreme Court under Article 32 of the Constitution. State must pay compensation at the market value for such land, building or structure acquired (Inserted by Constitution, Seventeenth Amendment) Act, 1964, the same can be found in the earlier rulings when property right was a fundamental right which propounded that the word "Compensation" deployed in Article 31(2) implied full compensation, that is the market value of the property at the time of the acquisition. The Legislature must "ensure that what is determined as pavable compensation, that is, a just equivalent of what the owner has been deprived of.

In india with this introduction of 'social' elements to the a new phase had begun. K. K. Mathew, justice of Kesavananda Bharati vs State of Kerala stated this precisely: "Property in consumable goods or means of production worked by their owners (use aspects of property) were justified as necessary condition of a free and purposeful life; but when property gave power not only over things but through things over persons (power aspect of property) also, it was not justified as it was an instrument of servitude rather than freedom".

What do you understand by Land Acquisition? Write a brief essay on land acquisition act, 1894?

Ans.:- Sec 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 is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the Official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality.

(2) Thereupon it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen. to enter upon and survey and take levels of any land in such locality;

to dig or bore into the subsoil ;

to do all other acts necessary to ascertain whether the land is adapted for such purpose;

to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon ;

to mark such levels, boundaries and line by placing marks and cutting trenches and.

where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle:

PROVIDED that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days notice in writing of his intention to do so.

Section 5 - Payment for damage

The officer so authorised tendered, he shall at once refer the so authorised shall at the time of such entry pay or tender payment for all nt for all necessary damage to be done as aforesaid, and, in case of dispute as to spute as to the sufficiency of the amount so paid or at once refer the dispute to the decision of the chief revenue officer of the district, and such Vane IUC decision shall be final.

State the provisions rela state the provisions relating to procedure for hearing the objection as to land acquisition under land acquisition act, 1894?

Ans.: Section 5A - Hearing of objections

any person interested in any land which has been notified under section 4sub-section (1) as being needed or likely to be needed public purpose or for a Company may, within thirty days alter the issue of the notification, object to the acquisition of the land or of any land in the locality, as the case may be.

(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard either in person or by pleader and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, submit the case Ior the decision of the appropriate Government, together with the record of the proceedings held by him and a report containing his recommendations on the objections. The decision of the appropriate Government on the objections shall be final.

(3) For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act.

DECLARATION OF INTENDED ACQUISITION

Section 6 - Declaration that land is required for a public purpose

(1) When the appropriate Government is satisfied, after considering the report, if any, made under section 5 A, sub-Section (2), that particular land is needed for public purpose or for a Company, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders: PROVIDED that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a Company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority. The declaration shall be published in the Official Gazette, and shall state the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area, and, where a plan shall have been of the land, the place where such plan may be inspected.

3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a Company, as the case may be; and, after making such declaration, the appropriate Government may acquire the land in manner hereinafter appearing

Sec 7 - After declaration Collector to take order for acquisition Whenever any land have been so declared to be needed for a public purpose or for a Company the appropriate Government, or some officer authorised by the appropriate Government in this behalf, shall direct the Collector to take order for the acquisition of the land.

Section 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, and if no plan has been made thereof, a plan to be made of the same.

Section 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 take possession of the land, and that claims to compensation for all interest in such land may be made to him.

(2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such after the date of publicati of their respective intere particulars of their claims to and their objections (if any) to section 8. The Collector may in any case to be made in writing and signed by the party or his agent .

(such time not being earlier that fifteen days e date of publication of the notice), and to state the nature respective interest in the land and the amount and of their claims to compensation for such interests, objections (if any) to the measurements made under Collector may in any case require such statement made in writing and signed by the party or his agent.

The collector shall also serve notice to the same effect on the occupier (If any) of such land and Many) of such land and on all such persons known or believed entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue-district in which the land is situate.

In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business and registered under Part III of the {See now the Indian Post Office Act, 1898 Indian Post Office Act, 1866.

What is the procedure as to enquiry and award by collector? State when and how such award becomes final under the land acquisition act, 1894?

Ans.:- Section 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 person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land at the date of the publication of the notification under section 4, sub-section (1), and into the respective interests of the persons claiming the compensation and shall make an award under his hand of (i) the true area of the land ; (ii) the compensation which in his opinion should be allowed for the land ; and (in the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him,

Section 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 and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and the apportionment of the compensation among the persons interested The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.

Section 15 - Matters to be considered and neglected In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24.

TAKING POSSESSION

Section 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 all encumbrances.

Discuss the Special powers of government relating to acquisition of land in cases of urgency.

Ans.: Section 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 days from the publication of the notice mentioned in section 9, sub-section (1), take possession of any waste or arable land needed for public purposes or for a Company. Such land shall thereupon vest absolutely in the Government, free from all encumbrances.

(2) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergencies, it becomes necessary for any Railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing a convenient connection with or access to any such station, the Collector publication of the notice the previous sanction of the app and take possession of such land which shall thereupon vest in the absolutely in the Government free from all encumbrances.

PROVIDED that the Collector shall not take possession of any building or part of a building under or part of a building under this sub-section without C occupier thereof at least forty-eight hour's notice of so to do, or such longer notice as may be reasonably sulficient to enable such occupier to remove his movable property from such building without unnecessary inco without unnecessary inconvenience.

In every case under either of very case under either of the preceding sub-sections the Collector shall at the time of taking possession one possession offer to the Persons interested compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in cases, such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained.

In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1) or sub-section (2) are applicable, the appropriate Government may direct that the provisions of section 5A shall not apply, and, if it does not so direct, a declaration may be made under section 6 in respect of the land at any time after the publication of the notification under section 4, sub-section (1).

(4)

State the provisions for making a "reference to court” under the Act.

Ans.:- Section 18 - Reference to Court (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the appropriate of the compensation among the persons interested

(2) The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made,---

(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;

(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire.

Section 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 land, with particulars of any trees, buildings or standing crops thereon; (b) the names of the persons whom he has reason to think interested in such land; (c) the amount awarded for damages and paid for tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under section 11; and (d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.

(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by, the parties interested respectively.

Section 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 the Court on that day, to be served on the following persons, namely:---

(a) the applicant;

(b) all persons interested in the objection, except such (if any) of

them as have consented without protest to receive payment of the compensation awarded; and

(c) if the objection is in regard to the amount of the compensation, the objection is in regard to the area of the land or to the

Section 21 - Restriction on scope Restriction on scope of proceedings Me scope of the inquiry in every such proceedings shall be restricted to a consideration of the interests of the persons affected by the objection

Section 22 - Proceedings to be in open Court

very such proceeding shall take place in open Court, and all persons entitled to practice in

entitled to practice in any Civil Court in the State shall be led to appear, and act as the case may be) in such proceeding.

What are the consideration taken into account by court in determing the amount of compensation to be awarded for land acquired under this act. What matters to be neglected in such determination? Can court award a compensation lower than the amount awarded by the collector? Explain.

Ans.:- Section 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--- a) the market value of the land at the date of the publication

of the notification under section 4, sub-section (1); b) the damage by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof; the damage (if any) sustained by the person interested, at the time of the Collector's taking possession taking possession of the land, by the reason of severing such land

from his other land; d) the damage (if any) sustained by the person interested, at

the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings;

e) if in the consequence of the acquisition of the land by the Collector, the person interested is compelled to change nis residence or place of business, the reasonable expenses (if any) incidental to such change; and

f) the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land.

In addition to the market value of the land as above provided the Court shall in every case award a sum of fifteen per centum on such market value, in consideration of the compulsory nature of the acquisition.

Section 24 - Matters to be neglected in determining compensation

But the Court shall not take into consideration---

1) the degree of urgency which has led to the acquisition;

2) any disinclination of the person interested to part with the land acquired;

3) any damage sustained by him, if caused by a private person, would not render such persons liable to a suit;

4) any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in consequence of the use to which it will be put;

5) any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;

6) any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquires will be put; or

7) any outlay or improvements on, or disposal of, the land acquired, commenced, made or affected without the sanction of the Collector after the date of the publication of the notification under section 4, sub-section (1).

Section 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 exceed the amount so claimed or be less than the amount awarded by the Collector under section 11.

2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no

se exceed the amount awarded by the Collector.

3) When the applicant has omitted for a sufficient reason to be ulowed by the Judge) to make such claim, the amount awarded to him by the Court shall not less than, and may exceed, the amount awarded by the Collector.

Section 26 - Form of awards 1 Every award under this part shall be in writing signed by the

vudge, and shall specify the amount awarded under clause first of sub-section (1) of section 23, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the

said amounts. (2) every such award shall be deemed to be a decree and the

statement of the grounds of every such award a judgement within the meaning of section 2, clause (2) and section 2, clause (9), respectively, of the Code of Civil Procedure, 1908.

Describe the provisions of land acquisition act relating to temporary occupation of waste or arable land.

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

(1) Whenever it appears to the appropriate Government that the

temporary occupation and use of any waste or arable land are needed for any public purpose, or for a Company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such term as it shall think fit, not exceeding three years from the commencement of such occupation.

(2) The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken there from, pay to them such compensation, either in a gross sum of moneys , or by monthly or other periodical payments as shall be agreed upon in writing between him and such persons respectively.

3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Court.

Section 36 - Power to enter and take possession, and compensation on restoration

(1) On payment of such compensation, or on executing such agreement or on making a reference under section 35, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.

(2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to persons interested therein:

Provided that, if the land has become permanently unfit to be used to the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require the appropriate Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or for a Company.

Section 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 said agreement, the collector shall refer such difference to the decision of the Court.

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The Land Acquisition Act 1894

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