Courts Courts & regulators
Land Acquisition Act: court compensation cannot fall below Collector's award
This document is the text of the Land Acquisition Act, 1894 (Act No. I of 1894), a Central Act of India that establishes the legal framework for the government to acquire land for public purposes or for companies.
It matters to citizens as it defines the procedures for preliminary investigation, objection hearings, compensation awards, and the rights of persons interested in the land.
Who it concerns: The Act concerns the Central and State Governments (referred to as the 'appropriate government'), the Collector (district officer), Courts, and 'persons interested' in the land, including owners, easement holders, and beneficiaries of compensation.
What the document says
- The Act extends to the whole of India except the State of Jammu and Kashmir.
- It defines 'public purpose' to include provision of land for town/rural planning, planned development from public funds, corporations owned or controlled by the State, residential purposes for the poor/landless/displaced persons, and educational/health/society schemes.
- The process involves publication of a preliminary notification, hearing of objections, and a declaration that land is required for a public purpose.
- The Collector is empowered to take possession of the land and make an award for compensation.
- Compensation can be referred to a principal civil court of original jurisdiction if disputed.
- The Act includes provisions for temporary occupation of land and acquisition of land for companies, requiring previous consent of the appropriate government and an agreement.
- Penalties are prescribed for obstructing the acquisition of land.
Also in the document
- The definition of 'land' includes benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth.
- The Act specifies that the amount of compensation determined by the court shall not be lower than the amount awarded by the Collector.
- The document includes amendments and repeals, such as those by the Repealing and Amending Act, 1914, and the Repealing Act, 1938.
How this was written
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The original document
Government documents surfaced by the press
Government document · Ref. 5a9a1e169a85531b
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