Procedure to acquire land under the land acquisition act, 1894

1. PROCEDURE TO ACQUIRE
LAND UNDER THE LAND
ACQUISITION ACT, 1894

2. Introduction:
Acquisition is the act of becoming the owner of certain
property, the act by which one acquires or procures the
property

3. Purpose:
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.

4. Procedure for the Land Acquisition
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 by a copy of
the plan showing survey number, 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.

5. 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 a particular area 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 or not, then it is acquired.

6. 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. The aggrieved person 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. 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
to 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 the award will issue.

7. 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 also
taken into consideration. After necessary inquiries the collector
declares his award under section 11 of the Land Acquisition
Act.

8. Reference to Court:
Any person interested to whom the award is not satisfactory
can also submit a written application to the court. This
application should be made within 6 weeks from the date of
declaration of the award.

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