LAND ACQUISITION ACT, 1894 [REPEALED] (PONDICHERRY AMENDMENT)

Section 3 - Definitions

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 Attached To The Earth Or Permanently Fastended To Anything Attached To The Earth;

[1] ["(Aa) The Expression "Local Authority" Includes A Town Planning Authority (By Whatever Name Called) Set Up Under Any Law For The Time Being In Force];

(B)     The Expression "Person Interested" Includes All Persons Claiming An Interest In Compensation To Be Made On Account Of The Acquisition Of Land Under This Act; And A Person Shall Be Deemed To Be Interested In Land If He Is Interested In An Easement Affecting The Land;
 

(C)      The Expression "Collector" Means The Collector Of A District, And Includes A Deputy Commissioner And Any Officer Specially Appointed By The Appropriate Government To Perform The Functions Of A Collector Under This Act;

[2] ["(Cc) The Expression "Corporation Owned Or Controlled By The State" Means Any Body Corporate Established By Or Under A Central, Provincial Or State Act, And Includes A Government Company As Defined In Section 617 Of The Companies Act, 1956 (1 Of 1956), A Society Registered Under The Societies Registration Act, 1860 (21 Of 1860), Or Under Any Corresponding Law For The Time Being In Force In A State, Being A Society Established Or Administered By Government And A Co-Operative Society Within The Meaning Of Any Law Relating To Co-Operative Societies For The Time Being In Force In Any State, Being A Co-Operative Society In Which Not Less Than Fifty-One Per Cent Of The Paid-Up Share Capital Is Held By The Central Government, Or By Any State Government Or Governments, Or Partly By The Central Government And Partly By One Or More State Governments;]"

(D)     The Expression "Court" Means A Principal Civil Court Of Original Jurisdiction, Unless The [3] [Appropriate Government] Has Appointed (As It Is Hereby Empowered To Do) A Special Judicial Officer Within Any Specified Local Limits To Perform The Functions Of The Court Under This Act;

[4] [(E) The Expression "Company" Means-

(I)       A Company As Defined In Section 3 Of The Companies Act, 1956 (1 Of 1956), Other Than A Government Company Referred To In Clause (Cc);

(Ii)      A Society Registered Under The Societies Registration Act, 1860 (21 Of 1860), Or Under Any Corresponding Law For The Time Being In Force In A State, Other Than A Society Referred To In Clause (Cc);

(Iii)     A Co-Operative Society Within The Meaning Of Any Law Relating To Co-Operative Societies For The Time Being In Force In Any State, Other Than A Co-Operative Society Referred To In Clause (Cc);]

(Ee) The Expression "Appropriate Government" Means In Relation To Acquisition Of Land For The Purposes Of The Union, The Central Government, And, In Relation To Acquisition Of Land For Any Other Purposes, The State Government;

[5] [(F) The Expression "Public Purpose" Includes-

(I)       The Provision Of Village-Sites Or The Extension, Planned Development Or Improvement Of Existing Village-Sites;

(Ii)      The Provision Of Land For Town Or Rural Planning;

(Iii)     The Provision Of Land For Planned Development Of Land From 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;

(Iv)    The Provision Of Land For A Corporation Owned Or Controlled By The State;

(V)      The Provision Of Land For Residential Purposes To The Poor Or Landless Or To Persons Residing In Areas Affected By Natural Calamities, Or To Persons Is Placed 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;

(Vi)    The Provision Of Land For Carrying Out Any Educational, Housing, Health Or Slum Clearance Scheme Sponsored By Government, Or By 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 (21 Of 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;

(Vii)   The Provision Of Land For Any Other Scheme Of Development Sponsored By Government Or, With The Prior Approval Of The Appropriate Government, By A Local Authority;

(Viii)  The Provision Of Any Premises Or Building For Locating A Public Office, But Does Not Include Acquisition Of Land For Companies;

(G)?? The Following Persons Shall Be Deemed Persons "Entitled To Act" As And To The Extent Hereinafter Provided (That Is To Say)-

(I)    Trustees For Other Persons Beneficially Interested Shall Be Deemed The Persons Entitled To Act With Reference To Any Such Case, And That To The Same Extent As The Persons Beneficially Interested Could Have Acted If Free From Disability; A Married Woman, In Cases To Which The English Law Is Applicable, Shall Be Deemed The Person So Entitled To Act, And, Whether Of Full Age Or Not, To The Same Extent As If She Were Unmarried And Of Full Age; And

(Ii)   The Guardians Of Minors And The Committees Or Managers Of Lunatics Or Idiots Shall Be Deemed Respectively The Persons So Entitled To Act, To The Same Extent As The Minors, Lunatics Or Idiots Themselves, If Free From Disability, Could Have Acted:

Provided That--

(I)    No Person Shall Be Deemed "Entitled To Act" Whose Interests In The Subject-Matter Shall Be Shown To The Satisfaction Of The Collector Or Court To Be Adverse To The Interest Of The Person Interested For Whom He Would Otherwise Be Entitled To Act;

(Ii)   In Every Such Case The Person Interested May Appear By A Next Friend, Or, In Default Of His Appearance By A Next Friend, The Collector Or Court , As The Case May Be, Shall Appoint A Guardian For The Case To Act On His Behalf In The Conduct Thereof;

(Iii)     The Provisions Of [6] [Order XXXI Of The First Schedule To The Code Of Civil Procedure, 1908 (5 Of 1908), Shall, Mutatis Mutandis, Apply In The Case Of Persons Interested Appearing Before A Collector Or Court By A Next Friend, Or By A Guardian For The Case, In Proceedings Under This Act; And

(Iv)    No Person "Entitled To Act" Shall Be Competent To Receive The Compensation Money Payable To The Person For Whom He Is Entitled To Act, Unless He Would Have Been Competent To Alienate The Land And Receive And Give A Good Discharge For The Purchase Many On A Voluntary Sale.

STATE AMENDMENTS

UNION TERRITORY-PONDICHERRY

[7] [In Its Application To Union Territory Of Pondicherry, After Cl. (Ee), Add The Following Clause, Namely:-

"(Eee) The Expression 'Local Authority' Includes The Planning Authority Constituted Under Section 11 Of The Pondicherry Town And Country Planning Act, 1969."]

Section 17 - Special Powers In Cases Of Urgency

TAKING POSSESSION

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), [8] [Take Possession Of Any Waste Or Arable Land Needed For A Public Purpose]. 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 Emergency, 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 Convenient Connection With Or Access To Any Such Station, [9] [Or The Appropriate Government Considers It Necessary To Acquire The Immediate Possession Of Any Land For The Purpose Of Maintaining Any Structure Or System Pertaining To Irrigation, Water Supply, Drainage, Road Communication Or Electricity,] The Collector May, Immediately After The Publication Of The Notice Mentioned In Sub-Section (1) And With The Previous Sanction Of The Appropriate Government, Enter Upon And Take Possession Of Such Land, Which Shall Thereupon Vest 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 This Sub-Section Without Giving To The Occupier Thereof At Least Forty-Eight Hours' Notice Of His Intention So To Do, Or Such Longer Notice As May Be Reasonably Sufficient To Enable Such Occupier To Remove His Movable Property From Such Building Without Unnecessary Inconvenience.

(3)     In Every Case Under Either Of The Preceding Sub-Sections The Collector Shall At The Time Of Taking 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 Case 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.

[10] [(3A) Before Taking Possession Of Any Land Under Sub-Section (1) Or Sub-Section (2), The Collector Shall, Without Prejudice To The Provisions Of Sub-Section (3),--

(A)     Tender Payment Of Eighty Per Centum Of The Compensation For Such Land As Estimated By Him To The Persons Interested Entitled Thereto, And

(B)     Pay It To Them, Unless Prevented By Some One Or More Of The Contingencies Mentioned In Section 31, Sub-Section (2), And Where The Collector Is So Prevented, The Provisions Of Section 31, Sub-Section (2), (Except The Second Proviso Thereto), Shall Apply As They Apply To The Payment Of Compensation Under That Section.

(3-B) The Amount Paid Or Deposited Under Sub-Section (3A), Shall Be Taken Into Account For Determining The Amount Of Compensation Required To Be Tendered Under Section 31, And Where The Amount So Paid Or Deposited Exceeds The Compensation Awarded By The Collector Under Section 11, The Excess May, Unless Refunded Within Three Months From The Date Of The Collector's Award, Be Recovered As An Arrear Of Land Revenue.]

(4)     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 [11] [After The Date Of The Publication Of The Notification Under Section 4, Sub-Section (1):]

STATE AMENDMENTS

PONDICHERRY

[12] [In Its Application To Pondicherry, After Section 17, Insert The Following Section, Namely:-

"17-A. Transfer Of Land To Planning Authority.- In Every Case Referred To In Section 16 Or In Section 17, The Collector Shall, Upon Payment Of The Cost Of The Acquisition, Make Over Charge Of The Land To The Planning Authority Constituted Under Section 11 Of The Pondicherry Town And Country Planning Act, 1969;And The Land Shall Thereupon Vest In The Said Authority, Subject To The Liability To Pay Any Further Cost Which May Be Incurred On Account Of Its Acquisition."]

Section 22 - Proceedings To Be In Open Court

Every Such Proceeding Shall Take Place In Open Court, And All Persons Entitled To Practice In Any Civil Court In The State Shall Be Entitled To Appear, Plead And Act (As The Case May Be) In Such Proceeding.

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--

First, The Market-Value Of The Land At The Date Of The Publication Of The Notification Under Section 4, Sub-Section (1);

Secondly, The Damage Sustained 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;

Thirdly, The Damage (If Any), Sustained By The Person Interested, At The Time Of The Collector's Taking Possession Taking Possession Of The Land, By Reason Of Severing Such Land From His Other Land;

Fourthly, 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;

Fifthly, If, In Consequence Of The Acquisition Of The Land By The Collector, The Person Interested Is Compelled To Change His Residence Or Place Of Business, The Reasonable Expenses (If Any) Incidental To Such Change; And

Sixthly, 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.

[13] [(1A) In Addition To The Market Value Of The Land Above Provided, The Court Shall In Every Case Award An Amount Calculated At The Rate Of Twelve Per Centum Per Annum On Such Market-Value For The Period Commencing On And From The Date Of The Publication Of The Notification Under Section 4, Sub-Section (1), In Respect Of Such Land To The Date Of The Award Of The Collector Or The Date Of Taking Possession Of The Land, Whichever Is Earlier.

Explanation.-In Computing The Period Referred To In This Sub-Section, Any Period Or Periods During Which The Proceedings For The Acquisition Of The Land Were Held Up On Account Of Any Stay Or Injunction By The Order Of Any Court Shall Be Excluded.

(2)      In Addition To The Market-Value Of The Land As Above Provided, The Court Shall In Every Case Award A Sum Of [14] [Thirty Per Centum On Such Market-Value, In Consideration Of The Compulsory Nature Of The Acquisition.]

[STATE AMENDMENTS

PONDICHERRY

[15] [For Section 23, Substitute The Following Section, Namely:-

"23. Matters To Be Considered In Determining Compensation.-(1) In Determining The Amount Of Compensation To Be Awarded For The Land Or Any Interest Therein Acquired Under This Act, The Court Shall Take Into Consideration,-

First, The Market Value Of The Land As On The Date Of The Declaration Of The Area As A Planning Area Under Section 8 Of The Pondicherry Town And Country Planning Act, 1969;

Secondly, The Damage Sustained By The Person Interested By Reason Of The Taking Of Any Standing Crops Or Trees Which May Be On The Land At The Time When The Possession Was Taken From Him;

Thirdly, The Damage, If Any, Sustained By The Person Interested At The Time Of The Possession Being Taken From Him, By Reason Of Severing Such Land From His Other Land;

Fourthly, The Damage, If Any, Sustained By The Person Interested At The Time Of The Possession Being Taken From Him Of The Land, By Reason Of The Acquisition Injuriously Affecting His Other Property, Movable Or Immovable, In Any Other Manner Or His Earnings; And

Fifthly, If In Consequence Of The Acquisition Of The Land The Person Interested Is Compelled To Change His Residence Or Place Of Business The Reasonable Expenses, If Any, Incidental To Such Change.

(3)     ?In Addition To The Market Value Of The Land As Provided In Sub-Section (1), 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-

First, The Degree Of Urgency Which Has Led To The Acquisition;

Secondly, Any Disinclination Of The Person Interested To Part With The Land Acquired;

Thirdly, Any Damage Sustained By Him Which, If Caused By A Private Person, Would Not Render Such Persons Liable To A Suit;

Fourthly, 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;

Fifthly, Any Increase To The Value Of The Land Acquired Likely To Accrue From The Use To Which It Will Be Put When Acquired;

Sixthly, 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;

Seventhly, 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);

[16] [Or]

[17] [Eighthly, Any Increase To The Value Of The Land On Account Of Its Being Part To Any Use Which Is Forbidden By Land Or Opposed To Public Policy.]

STATE AMENDMENTS

PONDICHERRY

[18] [For Section 24, Substitute As Follows:-

24. Matters To Be Neglected In Determining Compensation. ?The Court Shall Not Take Into Consideration?

First, The Degree Or Urgency Which Led To The Acquisition;

Secondly, Any Disinclination Of The Person Interested To Part With The Land Acquired;

Thirdly, Any Damage Sustained By Him Which, If Caused By A Private Person, Would Not Render Such Person Liable To A Suit;

Fourthly, Any Damage Which Is Likely To Be Caused To The Land Acquired, After The Date Of Publication Of The Notice Under Section 33 Of The Pondicherry Town And Country Planning Act, 1969 By Or In Consequence Of The Use To Which It Will Be Put;

Fifthly, Any Increase To The Value Of The Land Acquired Likely To Accrue From The Use To Which It Will Be Put When Acquired;

Sixthly, Any Increase To The Value Of The Other Land Of The Person Interested Likely To Accrue From The Use To Which The Land Acquired Will Be Put;

Seventhly, Any Outlay Or Improvements On, Or Disposal Of The Land Acquired, Commenced, Made Or Effected With The Sanction Of The Local Authority After The Date Of The Declaration Of The Area As A Planning Are Under Section 8 Of The Pondicherry Town And Country Planning Act, 1969;

Eighthly, The Special Suitability Or Adaptability Of The Land For Any Purpose, If That Purpose Is A Purpose To Which It Could Be Applied In Pursuance Of Any Law Or For Which There Is No Market Apart From The Special Needs Of The Local Authority;

Ninthly, Any Increase In The Value Of The Land By Reason Of The Use Thereof Or Any Premises Thereon In A Manner Which Could Be Restrained By Any Court, Or Is Contrary To Law Or Is Detrimental To The Health Of The Inmates Of The Premises Or To The Public Health."]