Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
Acquisition
of land by the govt. for public purpose or for the businesses is ruled by the Land Acquisition Act, 1894. The word "Public Purpose", as outlined
within the Act mentioned on top of refers to the acquisition of land for putt
up instructional establishments or schemes like housing, health or slum
clearance, except for the comes for rural designing or formation of sites.
"Appropriate Government" would mean the Central Government if the aim
for acquisition is for the Union and for different purpose, it's the
authorities. It’s not necessary that every one the acquisition needs to be
initiated by the govt. alone. Native Authorities, Societies registered
underneath the Societies Registration Act, 1860 and Co-Operative Societies
established underneath the Co-operative Societies Act may also acquire the land
for organic process activities through the govt.. Bound procedure has been
envisaged underneath the Statute that needs to be obligatorily followed before
feat the land for the general public purpose, as mentioned below:
Preliminary Notification
The process
of acquisition begins with the provision of Preliminary Notification, as
envisaged underneath Section 4(1) of Land Acquisition Act, 1894. The
notification needs to be basically printed within the Official Gazette and in 2
daily news papers current therein neighbourhood of that a minimum of one shall
be within the regional language.Further, it's additionally necessary that the
notification needs to be glued in conspicuous places of that neighbourhood.
Filing of Objections
The main
objective of supply preliminary notification is to involve objections, if any,
against such acquisitions from the homeowners or others United Nations agency
are having bound interest over the property and giving them a chance to
boost their claims against the move of the govt. for feat their lands. The
persons aggrieved by such notification shall file their objections at intervals
thirty days from the date of 4(1) notification.
Final Declaration
After
receipt of objections, the involved authority shall contemplate those
objections and if found unacceptable, then a final declaration rejecting the
claims is going to be issued. Section six of the amended Act provides that the
ultimate declaration shall be issued by the authority at intervals a amount of
1 year from the date of provision of preliminary notification underneath
section 4(1) of the Act. However, before the modification, the time stipulated
underneath the Act for final declaration was three years from the date of
publication of the preliminary notification. The ultimate Declaration needs to
be printed as needed underneath section 6(2) of the Act.
Award
Section 11
of the Act provides that once receiving the objections, the authority can need
to hold an exploration. However, it's necessary that actual extent of land
planned to be nonheritable and therefore the worth of the land needs to be
assessed before beginning the enquiry, as needed underneath sections eight and
nine of the Statute. On completion of the enquiry, Award is going to be passed
thereto impact and printed by the competent authority. Once passing the Award,
the Collector/Deputy Commissioner shall send notice to the homeowners or their
representatives realestate agency weren't gift in person at the time of
passing of the Award.
Time limit for passing the Award
Once the
enquiry is ended, it's the duty of the competent authority to pass the Award at
intervals a pair of years from the date of publication of the declaration
underneath section six, as envisaged underneath section eleven A of the Act. If
the authority fails to stick to the time schedule prescribed underneath the
Act, the whole proceedings initiated for land acquisition can lapse. once
passing of the Award, the Deputy Commissioner or the other competent authority
could take possession of the land like a shot, that shall with that vest
completely with the govt., free from all claims, whatsoever.
Special Powers
Section
seventeen of the Act confers special powers with the involved authority whereby
passing of award could also be distributed with and however permits to require
possession of the land notified for acquisition. Additional holding of enquiry
may also be waived, as envisaged underneath section five A of the Act. However,
such powers is exercised solely just in case of urgency.
Application seeking improvement
After
passing of the award, the person whose land has been planned to be nonheritable
will offer his consent for such acquisition and conform to receive the
compensation. However, an in depth procedure is provided underneath the Act as
regards payment of compensation. Objections may also be raised against the
measuring of the land, improvement of compensation or allotment of the
compensation by filing a written application before the Deputy Commissioner, as
provided underneath section eighteen of the Act, requesting the authority to
refer the touch the court for determination of the grounds raised within the
application.
An
application thereto impact needs to be filed by the one who was in person gift
once the award was passed, at intervals six weeks from the date of the award
gone along the Collector. In different cases, the applying can need to be
created at intervals six weeks from the date of receipt of the notice issued
underneath section 12(2) or at intervals six months from the date of the Award
gone along Deputy Commissioner, whichever is earlier.
Compensation
Provision
for settlement of dispute touching on allotment of the compensation quantity is
offered underneath section thirty of the Act. In such a state of affairs, the
Deputy Commissioner ought to refer the touch the Court. The applier is going to
be entitled to the compensation that is decided on the premise of the market
price of the land determined as on the date of Preliminary Notification. in
step with Sec 34, if there's delay in payment of compensation on the far side
one year from the date on that possession is taken, interest at the speed of 15
August 1945 P.A. shall be owed from the date of ending of the period of 1 year
on the outstanding amount of compensation until the date of payment.
Taking over possession
The
Government, underneath section sixteen of the Act is at liberty to withdraw
from acquisition of land except in cases provided underneath section thirty six.
However, if the possession of land has been taken, then the govt. can don't
have any authority to withdraw from such acquisition.
Acquisition for corporations
Procedure
concerned for acquisition of land for corporations are proscribed underneath
Chapter VII, which needs an agreement to be entered into by the corporate with
the suitable Government and therefore the same needs to be printed within the
Official Gazette.
Authorities competent to accumulate
Apart from
the govt., there are totally different authorities who are bestowed with the
facility to accumulate lands for public functions as mentioned below:
1. Bangalore
Development Authority.
2. The
Karnataka Industrial space Development Board.
3. Authority
underneath House Sites Act.
4. Karnataka
Urban Development Authority.
5. Karnataka
Housing Board.
6. National
Highways Authority.
The
Government cannot initiate acquisition proceedings while not supply correct
notice to the homeowners in any of the prescribed mode of service provided
underneath the Act and supply them comfortable chance to boost their claims and
to defend the property from acquisition. If any of the provisions envisaged
within the Act is desecrated or obligatory procedures aren't followed, then the
whole acquisition proceedings would become completely void.
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