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Report No. 10

Law of Acquisition and Requisitioning of Land

The Land Acquisition Act

Contents
Title Law of Acquisition and Requisitioning of Land
1. Introduction
2. History of the Legislation in India (a) Acquisition
Existing Law
(b) Requisition
(c) Other Laws
Need for consolidation
Legislative power under the Constitution
Constitutional limitations on the exercise of the power
Scheme for revision and consolidation
Acquisition
Requisitioning
Important aspects discussed
(a) Public purpose
(b) Principles for determining compensation
'Solatium'
Examination of the provisions of the existing Acts, indicating the changes proposed
Land Acquisition Act, 1894
Section 2
Section 3
Section 4
Section 5
Section 5A
Section 6
Section 7
Section 8
Section 9
Section 10
Sections 11-13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26-27
Section 28
Section 29
Section 30
Section 31
Section 32
Section 33
Section 34
Sections 35-37
Section 38
Section 39
Section 40
Sections 41-43
Section 44
Section 45
Section 46
Section 47
Section 48
Section 49
Section 50
Section 51
Section 52
Section 53
Section 54
Requisitioning and Acquisition of Immovable Property Act, 1952
Requisitioning
Section 1
Section 2
Sections 3-6
Section 7
Section 8
Sections 9 and 11
Section 10
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Sections 23-25
Appendix I Proposals as Inserted in The Body of The Existing Act
Proposals as Inserted in The Body of The Existing Act
The Acquisition and Requisitioning of Land Act, 19
Part I Preliminary
1. Short title, extent and commencement
2. Definitions
3. Entitled to act
Part II Acquisition
Chapter I Preliminary Investigation and Declaration
4. Publication of preliminary notification and powers of officers thereupo
5. Payment for damage
6. Hearing of objections
7. Decision on objections
8. Declaration that land is required for a public purpos
Chapter II Taking Possession, and other Proceedings by Collector
9. Vesting of land
10. Notice to persons interested
11. Power to require and enforce the making of statements as to names and interests
12 Proceedings by Collector
13 Payment of compensation or deposit of sum in court
14. Interest on amount fixed by Collector
15. Payment in case of agreement
16. Interest in cases where possession not taken within specified time
17. Compensation in kind
18. Completion of proceedings
19. When notification under section 4 deemed to be cancelled
20. Collector's statement to the courte
Chapter III Principles for The Determination of Compensation
21. Matters to be considered in determining compensation
22. Matters to be neglected in determining compensation
Chapter IV Principles for The Determination of Compensation
23. Investment of money deposited in respect of amounts belonging to persons inĀ­competent to alienate
24. Investment of money deposited in other cases
Chapter V Acquisition of Land for Companies and other Persons and Authorities
25. Previous consent of appropriate Government and execution of agreement necessary
26. Previous enquiry
27. Agreement with appropriate Government
28. Publication of agreement
29. Certain sections not to apply where Government bound by agreement to provide land for companies
30. Acquisition of land for other persons or authorities
Chapter VI RTaking Possession with Consent or in urgent Cases
31. Taking possession with consent
32. Special powers in cases of urgency
33. Special provisions regarding land taken possession of under this chapter
34. Payment of compensation for crops and trees
Chapter VII General Provisions Relating to Acquisition
35. Waiver of claim for compensation
36. Acquisition of land at cost of a local authority or company or other person
37. Completion of acquisition not compulsory, but compensation to be awarded when not completed
38. Acceptance of money without protest not to bar right
Part III Requisitioning and Requisitioning Followed by Acquisition
39. Applications of Part 111
40. Power to requisition land
41. Power to take possession of requisitioned land
42. Rights over requisitioned land
43. Release from requisitioning
44. Easement not to be disturbed
45. Principles and methods of determining compensation for requisitioning
46. Appeals from orders of requisitioning
47. Powers to enter, and inspect, and mark boundaries etc
48. Duration of requisition
49. Power to acquire requisitioned land
50. Provisions applicable to acquisition of requisitioned land
Part IV Procedure to be Followed by The Court
51. Service of notice
52. Restriction on amount to be awarded by court
53. Interest
54. Apportionment of compensation
55. Deposit of amount awarded where there is no person competent to alienate
56. References about compensation for requisitioning
57. Procedure in other references under the Act
58. Form of final order
59. Execution of final order
60. Appeals in proceedings before court
61. Determination questions of title
62. Proceedings to be in open court
63. Code of Civil Procedure to apply to proceedings before court
Part V Miscellaneous
64. The Collector or the competent authority
65. Power to obtain information
66. Service of notices and orders
67. Magistrate to enforce surrender
68. Acquisition of part of house or building
69. Exemption from stamp duty and fees
70. Protection of compensation
71. Proof by certified copies
72. Protection of action taken in good faith
73. Liability of person receiving compensation not affected
74. Bar of Jurisdiction of Civil courts
75. Certain officers demand to be public servants
76. Delegation of powers by government
77. Penalty for destroying trenches etc
78. Penalty for violation of Act etc, or obstruction in exercise of powers
79. Cognizance of offences
80. Power to make rules
81. Repeal and savings
Appendix II
Table A Showing The Provisions In The Existing Acts and The Corresponding Provisions, If Any, Contained In The Proposals In Appendix I
Table B Showing The Provisions in The Proposals in Appendix I and The Corresponding Provisions, if any, in The Existing Acts
Appendix III Suggestions in Respect of other Acts
Part I List of Acts
Part A States
Part II Brief Summary of The Acts
The Assam Land Acquisition (Dibrugarh) Act, 1953 (XXIII of 1953)
The Land Acquisition (Bengal Amendment) Act, 1934 (II of 1934)
The Land Acquisition (Bihar Amendment) Act, 1951 (XVII of 1951) as amended by Acts XXI of 1956 and XXXIV of 1956
The Bihar Act (XXXIV of 1956) effects the following changes in the Land Acquisition Act, 1894
The Land Acquisition (Bombay Amendment) Act, 1938 (XVIII of 1938) as amended by Acts XX of 1945, IV of 1948, XXVII of 1950 and XXXV of 1953
C.P. and Berar Land Acquisition (Amendment) Act, 1939 (XXVII of 1939) as amended by Acts VII of 1949 and XXVIII of 1949
The Land Acquisition (Madras Amendment) Act, 1948 (XXI of 1948) as amended by Act XII of 1953
Land Acquisition (East Punjab Amendment) Act, 1948 (XV of 1948)
The Land Acquisition (U. P. Amendment) Act, 1954 (XXII of 1954)
The Pepsu Land Acquisition Act, 1953 (V of 1953)
The Rajasthan Land Acquisition Act, 1953 (XXIV of 1953)
The Land Acquisition Act, 1894 (Adaptation and Application Ordinance, 1948 as amended by Saurashtra Act XLIII of 1953)
The Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (LX of 1948, as amended by A.L.O. 1950)
The Land Acquisition Act, 1070 (II of 1070) as amended by Acts IV of 1074, I of 1109, I of 1111, XXX of 1112 and Proclamation V of 1112
The Hyderabad Land Acquisition Act, 1309F (IX of 1309F) [1899] as amended by the Hyderabad Land Acquisition (Amendment) Regulation 1358F (LIX of 1358F)
The Mysore Land Acquisition Act, 1894 (VII of 1894) as amended by Acts XI of 1916, I of 1927, VII of 1932 and III of 1941
The Land Acquisition Act, 1089 (XI of 1089) as amended by Acts V of 1096, 1 of 1099
Appendix IV Other Acts Containing Provisions for Acquisition
Part I List of Acts
Section I-Central Acts
Section II-State Acts
Part II Brief Summary of. The Acts
1. The Indian Telegraphs Act, 1885 (XIII of 1885)
2. The Indian Tramways Act, 1886 (XI of 1886)
3. The Indian Railways Act, 1890 (IX of 1890)
4. The Indian Works of Defence Act, 1903 (VII of 1903)
5. The Indian Electricity Act, 1910 (IX of 1910)
6. The Indian Forest Act, 1927 (XVI of 1927)
7. The Damodar Valley Corporation Act, 1948 (XIV of 1948)
8. The Delhi Road Transport Authority Act, 1950 (XIII of 1950)
9. The Road Transport Corporations Act, 1950 (LXIV of 1950)
10. Slum Areas (Improvement and Clearance) Act, 1956 (XCVI of 1956)
11. The Territorial Councils Act, 1956 (CII of 1956)
12 The Coal Bearing Areas (Acquisition and Development) Act, 1957 (XX of 1957) as amended by LI of 1957
13 The Delhi Development Act, 1957 (LXI of 1957)
Section II-State Acts
1. The Calcutta Improvement Act, 1911 (5 of 1911)
2. The Bengal Municipal Act, 1932 (15 of 1932)
3. The Calcutta Municipal Act, 1951 (33 of 1951)
4. The Bihar and Orissa Municipal Act, 1922 (7 of 1922)
5. The Darbhanga Improvement Act, 1934 (4 of 1934)
6. The Bihar Restriction of Uses of Land Act, 1948 (23 of 1948)
7. The Bihar Town Planning and Improvement Trust Act, 1951 (35 of 1951)
8. The Bombay Provincial Municipal Corporations Act, 1949 (59 of 1949)
9. The C.P. and Berar Municipalities Act, 1922 (2 of 1922)
10. The Nagpur Improvement Trust Act, 1936 (36 of 1936)
11. The Madras City Municipal Act,- 1919 (4 of 1919)
12 Madras District Municipalities Act, 1920 (5 of 1920)
13 The Madras Town Planning Act, 1920 (7 of 1920)
14. The Madras Town Planning Act, 1920 (7 of 1920)
15. The Madras City Improvement Trust Act, 1950 (37 of 1950)
16. The Madras City Improvement Trust Act, 1950 (37 of 1950)
17. The Orissa Municipal Act, 1950 (23 of 1950)
18. The Punjab Town Improvement Act, 1922 (4 of 1922)
19. The U.P. Town Improvement Act, 1919 (8 of 1919)
20. The Kanpur Urban Area (Development) Act, 1945 (6 of 1945)
21. The U. P. Roadside Land Control Act, 1945 (10 of 1945)
22. The Hyderabad Municipal Corporation Act, 1950 (36 of 1950)
23. The Hyderabad City Improvement Act, 1951 (35 of 1951)
24. The City of Mysore Improvement Act 1903 (3 of 1903)
25. The City of Bangalore Improvement Act, 1945 (5 of 1945)
26. The Delhi Restriction of Uses of Land Act, 1941 (12 of 1941)
Appendix V State Requisitioning and Acquisition Acts
Part I List of Acts
Section I-Principal Acts
Part II Summary
1. Andhra Requisitioning of Buildings Act, 1954, (XI of 1954)
2. The Assam Land (Requisition and Acquisition) Act, 1948, (XXV of 1948)
3. The Bihar Premises Requisition (temporary provisions) Act, 1949 (XV of 1950), as amended by Acts, XXII of 1951, IV of 1953 and XXXVI of 1954
4. Bombay Land Requisition Act, 1948 (XXXIII of 1948), as amended by Acts II of 1950, XXXIX of 1950, XL of 1951, V of 1952, V of 1953, XVII of 1955 and LII of 1955
5. The Madhya Bharat Requisitioning of Immovable Property Act, 1954 (XXXV of 1954)
6. The Central Provinces and Berar Accommodation (Requisition) Act, 1948 (LXIII of 1948) as amended by Act XXIX of 1951
7. The Madras Requisitioning and Acquisition to Immovable Property Act, 1956 (XLII of 1956)
8. The Madras Essential Articles Control and Requisitioning (Temporary Powers) Act, 1949 (XXIX of 1949) re-enacted by VI of 1956
9. The Orissa Requisitioning and Acquisition of Immovable Property Act, 1952 (XXIX of 1952)
10. Pepsu Requisitioning of Immovable Property Act, 2006 BK (1 of 2006)
11. The Punjab Requisitioning and Acquisition of Immovable Property Act, 1953 (XI of 1953), as amended by Act XXIV of 1954
12. The Rajasthan Requisitioning of Land (Improvement of Agriculture) Act, 1951 (XXIX of 1951)
13. The Rajasthan Premises (Requisition and Eviction) Ordinance, 1949 (XI of 1949), as amended by the Rajasthan Premises (Requisition and Eviction) Ordinance (Amendment) Act, 1952 (XVIII of 1952)
14. The Travancore Cochin Requisitioning and Acquisition of Property Act, 1955 (I of 1956)
15. The U.P. (Temporary) Accommodation Requisition Act, 1947 (XXV of 1947), as amended by Acts XIII of 1950, XXII of 1952 and XV of 1954
16. The Vindhya Pradesh Requisitioning and Acquisition of Immovable Property Act, 1953 (IV of 1953)
17. The West Bengal Land (Requisition and Acquisition) Act, 1948 (II of 1948), as amended by VII of 1951, VIII of 1954 and XXV of 1956
18. The West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (V of 1947), as amended by Acts IV of 1949, XV of 1950, X of 1953 and VII of 1954
19. The Waste Land (Requisitioning and Utilization) Act, 1952 (IV of 1952), as amended by Act XXIX of 1954
Section II-continuance Acts
1. The Madhya Pradesh Requisitioned Land (Continuance of Powers) Act, 1951 (IX of 1951)
2. The West Bengal Requisitioned Land (Continuance of Powers) Act, 1951 (VIII of 1951), as amended by Acts X of 1954 and XXXVI of 1954
Part III Tabular Statement
Power to Requisition


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