By Accommodation Times New Service
When Land is required for public purpose, land will be notified for acquisition under the Land Acquisition Act 1894 and other relevant laws.
Land is generally acquired by the government under the following Acts:
- i. Land Acquisition Act, 1894
- ii. Bangalore Development Authority Act, 1976
- iii.Karnataka Acquisition of Land for grant of house sites Act1972
- iv. Karnataka Housing Board Act, 1962
- v. Karnataka Industrial Area Development Act, 1966
- vi. Karnataka Urban Development Authorities Act, 1987
What is public purpose:
a) where land is required for planned development of city/town
b) carrying out any housing scheme or health scheme sponsored by central/state government or local authorities
c) clearing slum areas
d) for relieving congestion
e) housing for poor, landless or displaced persons
f) construction of government office/quarters
g) for Local authorities and for subsequent disposal thereof of whole or in part by way of lease or outright sale.
h) Land for company/ charitable trust etc
Section 4 of the Land Acquisition Act
Publication of preliminary notification and powers of officers there upon
Where it appears to appropriate government or D.C. that the land is needed for public purpose or to a company, a notification stating purpose for which it is required shall be published in official gazette and two daily newspapers. Substance of notice may be given in the locality or the land owner calling objection if any for acquisition of land.
- i. Publication of notification in the daily newspapers (one should be in regional language)
- ii. Substance of notification in locality
- iii. Individual notice to land owners or occupier of the land to file objections if any within 30 days.
The Deputy Commissioner/Assistant Commissioner to hear the objection and send a report to the government
Government to consider the report of the Deputy Commissioner and to direct the D.C. to proceed further to measure land, to prepare plan etc and send a report to government
The appropriate government shall then make declaration. The declaration shall be published in official gazette and two daily newspapers. The said declaration shall be conclusive evidence that the land is needed for public purpose
The declaration should be issued within a period of one year from the date of the preliminary notification.
Section 9 (Notice under Section 9 and 10)
Notice to persons interested:
The D.C. shall issue notice to owner (occupier/ interested persons) stating that the government intends to take possession of land and that claims to compensation for all interests in such land may be made to him.
Inquiry and Award by Deputy Commissioner
After issue of notice, (after 15 days) the D.C. shall proceed to enquire objection to measurement (if any) and into the value of land (as on the date of the preliminary notification) and make an award-
- i. The true area of the land
- ii. The compensation which in his opinion should be awarded
- iii. The apportionment of compensation
The D.C. can make consent award.
Section 11 A
Award should be made within a period of two years from the date of publication of declaration.
Section 12 (2)
The D.C. shall give notice of the award to the interested persons.
Section 13- A
Clerical Errors in the award may be corrected within a period of six months from the date of award.
- i. When the D.C. has made an award under Section 11, he may take possession of land.
- ii. The fact of taking possession may be notified in official gazette and such notification shall be evidence of such fact.
Possession should be actual possession and not symbolic possession
No particular mode of taking possession of the land is contemplated under the Act.
Section 17 (1) Special Powers
In case of urgency to acquire the land, often issuance of notice under Section 9 (Enquiry under Section 5 A shall not apply). Advance compensation upto 80% can be paid.
Section 18- Reference to Court
Any person interested who has not accepted the award may request to refer the matter to court whether his objection to the measurement of the land, the amount of compensation, the person to whom it is payable or apportionment of the compensation
Within 90 days application should be sent to court. If not application under Section 18(3) be filed before the court.
Matters to be considered while determining compensation
- Market value as on the date of preliminary notification
- Damages sustained to standing crop or trees.
- The damages sustained- severing such land from his other land
- The Damages sustained injuriously affecting his other property or earnings
- If in consequence of acquisition, compelled to change his place residence, place of business
- The damage if any for diminution of the property between preliminary notification and final notification
Section 23 (1-A)
12% amount on market value of land from the date of preliminary notification to date of award
In addition to market value of land, a sum of 30% in consideration of compulsory nature of the acquisition
Matters to be neglected in determining compensation
- Degree of urgency
- Disinclination of person to part with land… etc
To determine the value of land, following method will be applied
- Capitalisation Method
- Sale Statistics Method
- Expert opinion
- Court orders
Section 28 (by court) Section 34
Collector may be directed to pay interest @ 9% for first year and 15%on excess compensation
Section 28 A
Redetermination of amount of compensation on the basis of the award of the award of the court
Section 30 and 31
Dispute as to apportionment
When there is a dispute as per apportionment and if there is no person competent to alienate the land, the compensation amount may be deposited to the civil court for adjudication.
Completion of acquisition not necessary but compensation to be awarded when not completed. The Government shall be at liberty to withdraw from acquisition any land of which possession has not been taken.