2. Acquisition is the act of becoming
the owner of certain property, the
act by which one acquires or
procures the property.
3. Land of the public may be acquired
by the State for a public purpose
meaning hereby for the use of the
public or people at large, or, for a
company.
4. The purpose of land acquisition is
two-fold: firstly to fulfill the needs
of Government and companies for
land required by them for their
projects, and secondly, to
determine and pay compensation
to those private persons or bodies
whose land is so acquired. The
exercise of the power of
acquisition has been limited to
public purposes.
5. The procedure for acquiring land
has been described in the Land
Acquisition Act, 1984.
7. Investigation
When a local authority or a company
requires a land, an application is required
to be made by it to the revenue authority.
The application should be accompanied
with a copy of the plan showing survey
no, purpose of acquisition and the reason
for the particular site to be chosen, and
other relevant facts.
After the government has been fully
satisfied about all the facts, it will issue a
notification.
8. Notification
The next step is the issuance of a
Notification under Section 4 of the Act.
This notification indicates the desire of
District Collector that a land situated in
particular locality is needed for any public
purpose or for a company and enables
him to depute revenue staff to enter upon
the land, survey its location and do all
other acts necessary to ascertain whether
the land is suitable for the purpose, it is
being acquired.
9. Objection and confirmation
The main objective of issuing notification
is to call for objections, if any, against such
acquisitions from the owner or others
who are having certain interest over the
property: giving them an opportunity to
raise claims against the move of the
government for acquiring their lands.
10. The person aggrieved by such notification
shall file their objections within 30 days
from the date of the publication of
notification. Every objection shall be made
to the Collector / Revenue Officer in
writing.
11. The Collector/ Revenue Officer shall give
the objector an opportunity of being
heard either in person or by pleader and
after hearing the objections, the
Collector/ Revenue Officer shall make
further inquiry and submit the case for
the decision of the Provincial
Government, together with the record of
the proceedings held by him and report
containing his recommendations on the
objections. The decision of the Provincial
Government on the objections shall be
final. If no objection then award will issue.
12. Claim and Award
In determining the compensation the
market value of the land is determined at
the date of notification. The rise and fall in
the value during the period of transaction
and notification is taken into
consideration.
13. Compensation is also payable when:
Part of the property is proposed for acquisition
in such a manner that the remainder
deprecates in the value.
When the land notified for acquisition has
standing crops or trees.
If the person interested has to change his place
of residence or business then the excess rent
payable for the new premises is also
considered for compensation.
14. After necessary inquiries the collector
declares his award under section 11 of the
Land Acquisition Act showing true area of
the land, total amount of compensation if
there are more than one owners of
claimants.
15. Reference to Court
Any person interested to whom the
award is not satisfactory can submit a
written application to the court.
This application should be made
within 6 weeks from the date of
declaration of the award.