JUNE 24,2020

Professional Practice

Sarthak Patel
Roll No- 18
Sem- 09
1. Define Acquisition
 Acquisition means to acquire something it can be an asset, an object, a piece of
property. In acquisition the ownership of the object changes, it is transferred to the
person who is acquiring the object.
2. Explain basic principles of land acquisition.
 In land acquisition if your land is chosen to be acquired you have to compulsory sell it.
 The owner gets market value of the land as against sentimental/ Monopoly value.
 The land taken up for acquisition should be free from mortgage, easements. They can be
financial and non- financial.
 Solatium is granted to the person whose land is getting acquired, it is an additional
compensation provided it can be in the form of money or another property.
3. Draw a chart of procedures / steps involved in Land Acquistion
1. Investigation – The government appoints a Land Acquisition officer (LAC) for
investigation the land which fall under acquisition. LAC collects all the required
documents, estimates the cost of the land which will be given to the owner in the form of
compensation for acquiring his land and also the LAc gives a justification about the need
for acquiring the land.
2. Section 4 – Under this section the notice of acquisition of a land is to be send to the
owner of the land, after receiving this notice the owner cannot modify or alter the land or
property. Under this section the responsibilities of a LAC officer is stated. Also the notice
carries a fixed material date, this date is important because the valuation of the land to as
the market value of the land as of on that date.
3. Objection and Confirmation- After receiving the notice the owner has 30 days to come
forward and give his decision on weather the confirmation or the objection of land
acquisition. This notice is sent to all the potential owners of the land.
4. Validation of objections-
 Purpose is not a public purpose.
 Land is not suitable for the said purpose.
 It is less suitable than the other piece of land.
 Area under acquisition is excessive.
  If acquisition will hamper historic evidences, take away the right of people and
other convenience.
5. Section 6 - Under this section the collector submits the report in response to the
objections if any, if the reports are satisfactory the land is acquired. If objections are
upheld, government cancels the notification.
6. Section 9- This section requires the collector to cause a public notice at convenient places
expressing government's intention to take possession of the land and requiring all persons
interested in the land to appear before him personally and make claims for compensation
before him. This section requires collector to issue two notices: 1. locality of acquisition
and 2. occupants or people interested in lands to be acquired, and it is a mandatory
requirement.
7. Next step requires a person to deliver names or information regarding any other person
possessing interest in the land to be acquired and the profits out of the land for the last 3
years. (It makes him liable under sections 175 and 176 of the Indian Penal Code). This
enables the collector to get a vague idea of land cost.
a. The collector should not be a party to the proceedings.
b. Should possess an expert knowledge on valuation.
c. Offer fair price to owner.
d. Check that public funds are not wasted.
e. Enquiry to be made by the collector into the objections made by the interested
persons regarding the proceedings under section 8 and 9
f. Make an award.
4. Write Short Notes on-
a) Section 23

Under this section the compensation amount is decided under the following conditions-

 Actual Prize
 Comparing sale of neighbourhood properties.
 Capitalising the net profit at certain number of years purchase.
 Development method of valuation depending upon circumstances of a case.

The compensation is decided to whichever is most suitable to the owner

Damages also can be compensated if they are as follows:

 Damage to standing crops- only in case of agricultural lands. Under urgency clause i.e.
section 17(1)? Under section 16 occupants get sufficient notice.
 For non-agricultural land (NA)- If the land bears trees?
 Damage due to “severance”
 Damage due to “injurious affection”.
 If the person is compelled to change his residence or place of business due to acquisition.
 When there is “Diminution” of profits of land.
 Compensation is paid for the transportation.
 30% Solatium under section 23 (2), depending on the other acts like BMC, Highway act,
Requisition act etc.
b) Section 24

Under this section the matters are stated which need to be neglection for determining
compensation.

 Degree of urgency which has led to compensation.

 Any disinclination to part with land. Any damage sustained by him caused by a private
person.
 Any damage after declaration under section -6.
 Any increase in value of land after acquisition.
 Any improvements, repairs, renovations or disposal made on land after the date of
publication of the notification under Section -4 (1).
c) Section 49 (1)

“Part of the property instead of whole”

If a part of any property comes under acquisition (e:g part of house, manufacturing factory etc)
and if the owner objects for the same, the LAC brings it to the notice of the court. The court
cancels the acquisition if the claim is proved and LAC proceeds with further de novo.

d) Section 49 (2)
 “Due to acquisition of Part of the property, claiming severance and injurious affection to the rest
of the property” If it is proved and agreed by the govt, then the whole property is acquired by the
government under this section and the LAC proceeds accordingly.

5. Explain the terms in short-

a) Solatium- It is an additional compensation payment made to the owner of the land, as
distinct from payment for damaged property in the form of money or another property
depending on the government.
b) Severance- If the owner is able to prove that the land to be acquired is subjected to
severe damages due to climate, topography or other factors, then he can receive more
compensation for the land than the land value stated.
c) Injurious affection- if the land to be acquired serves an important factor to another
adjoining land for e.g. If it serves as an entry point to another land, then the owner of the
other land is also compensated.
d) Diminution - Diminution means a decrease in the value of the land acquired due to
natural or other reasons. Such cases are compensated accordingly.
6. Explain in detail about ‘Award’ under section 18 and section 30.

Award under section 18 –

If they shall not consent to receive it, or if there be no person to own the ownership of the land,
or if there be any dispute as to the title to receive the compensation or as to the apportionment of
it, the Collector shall deposit the amount of the compensation in the court to which a reference
under section 18 would be submitted: Provided that any person admitted to be interested may
receive such payment under protest as to the sufficiency of the amount: Provided further that no
person who has received the amount otherwise than under protest as to the entitled to make any
application under section 18: Provided also that nothing herein contained shall effect the liability
of any person who may receive the whole or any part of any compensation awarded under this
Act, to pay the same to the person lawfully entitled there to. This section is for the individual
claimants.

Award under section 30 –

 When the amount of compensation has been settled under section 11, if any dispute arises as to
the apportionment of the same or any part thereof or as to the persons to whom the same or any
part thereof is payable, the Collector may refer such dispute to the decision of the court.

7. What is the role of Land Acquisition Collector/ Officer?

For the purposes of Land Acquisition Act, proceedings are carried on by an officer appointed by the
government known as Land Acquisition Collector.

Roles of LAC

 Send notices to all the required member, under section 9

 Inform local authorities.
 Should possess an expert knowledge on valuation.
 Offer fair price to owner.
 Check that public funds are not wasted.
 Enquiry to be made by the collector into the objections made by the interested persons regarding
the proceedings under section 8 and 9
 Make an award.