UNIT 6 THE LAND ACQUISITION ACT (LAA), 1894:

INITIAL STEPS AND BASIC DEFINITIONS

Structure
6.0 Objectives
6.1 Introduction
6.2 Scope of the Act
6.2.1 Acquisition and Development Induced Displacement
6.3 Extent of Application of Act
6.4 Features of Land Acquisition (Amendment) Act of 1984
6.5 Some Definitions
6.5.1 Land – Section 3 (a) of LA Act
6.5.2 Person Interested – Section 3 (b) of LA Act
6.5.3 Public Purpose – Section 3 (f) of LA Act
6.6 Preliminary Investigation – Sub-section 4, 5,5A of LA Act
6.6.1 Publication of Notice
6.6.2 Date of Publication of Notice under Section 4(1) of LA Act
6.6.3 Contents of Notice under section 4(1) of LA Act
6.6.4 Entry upon Survey of Land to be Acquired – section 4(2) of LA Act
6.6.5 Objections to Proposed Acquisition – section 5-A of LA Act
6.7 Declaration of Intended Acquisition
6.7.1 Funds out of which Compensation must be paid
6.7.2 Order for Acquisition – section 7 of LAAct
6.8 Notice to Persons Interested
6.8.1 Contents of Notice
6.8.2 Importance of Notice under section 9 of LA Act
6.9 Let Us Sum Up
6.10 Cues to Check Your Progress
6.11 Glossary
6.12 References

6.0 OBJECTIVES
After going through this Unit, you will be able to:
 discuss the scope and implications of the LA Act Amendment Act of 1984; and
 describe the various stages in the acquisition of land explain features of Land Acquisition Act..

6.1 INTRODUCTION
This is the first Unit of Block 2 of MRR-101. After learning about the phenomenon of displacement in
Block 1, we are now going to deal in Block 2 with the legal aspects of displacement. Unit 6 introduces you to
the most important legal provision pertaining to acquisition of land by the State. Section 6.2 discusses the
scope of the Land Acquisition Act 1894 and its 1984 amendment.
Section 6.3 of the Unit explains the extent of application of the Act. Section 6.4 of this Unit deals with the
features of the LA (Amendment) Act of 1984. Section 6.5 of the Unit gives certain key definitions used in the
Act. Section 6.6 of the Unit discusses the preliminary investigation to be undertaken before actually acquiring
the land. Section 6.7 of the Unit is related to explaining the declaration of intended acquisition of land and
section 6.8 deals with the notice for people interested.
In our course material we have Units which contain sections and sub-sections and the various laws talked
about in the Units also have sections and sub-sections. Thus, in all the Units related to laws, we have made a
conscious effort to distinguish between the sections and sub-sections of our Units and the sections and sub-
sections of the concerned law being discussed. Units 6, 7 and 8 contain many references to sections, sub-
sections and sub-clauses of various Acts. These references need not confuse you. For clarification, look at the
following example.
Whenever you read section 23(1) fifthly, 23 refers to the section of the concerned Act, (1) refers to the sub-
section of the Act and fifthly refers to the sub-clause of the Act. The same would apply whenever you come
across any such specific law reference throughout this programme.
6.2 SCOPE OF THE ACT
Prior to 1984, the Land Acquisition Act 1894 was not applicable to the states of Jammu and Kashmir,
Rajasthan, Kerala and Nagaland, which had their own self-contained Land Acquisition Acts. In 1984, the
Land Acquisition (Amendment) Act was passed. The extent of its applicability was now extended to the whole
of India with the sole exception of Jammu and Kashmir. This Unit will take us through the various steps to be
taken by the Government to acquire land under the Land Acquisition Act 1894 (LAAct). The Land
Acquisition Act was amended in 1984 by the Central Government. The object of carrying out this amendment
was to remove the various bottlenecks inherent in the original act and thereby increasing its applicable
efficiency. The changes introduced in the Land Acquisition (Amendment) Act of 1984 served to reduce the
unnecessary delays which occurred during the entire process of acquiring land and also awarded
compensation to the persons interested’ (refer to sub-section 6.3.2 of the Unit for the definition) on a much
higher and realistic basis. The definition of ‘public purpose’ has also been suitably expanded (refer to sub-
section 5.3.4 of the Unit) thus enhancing its clarity.
6.2.1 Acquisition and Development Induced Displacement
Since Independence, the country has witnessed an accelerated pace of economic development. There has been
a tremendous spurt in the number of development projects taken up by the State. Industries, dams, mines,
thermal power plants, railroads, highways, etc. require vast quantities of land. Since majority of the people in
India live in rural areas and depend on land for their livelihood, there is hardly any land that is not occupied.
Land, therefore has to be ‘acquired’ or taken away from existing occupants and users, before implementing
development projects. This includes private lands as well as community lands such as forests. This leads to
large-scale displacement of millions of persons from their homes, lands and villages (see Vaswani 1990).

From where does the State get the power to

acquire such lands? It is well established that the
State has the right to command and appropriate for
itself, lands situated within its jurisdiction
provided it is for purposes of some public utility.
The State has the power to take property for public
use without the owner’s consent. This is known as
the right of ‘eminent domain’ of the State. The
Supreme Court has held that “payment of
compensation, though not an essential ingredient
of the connotation of such power, is an essential
element of the valid exercise of such power.”
(State of Bihar vs. Kameshwar Singh, AIR 1952
SC 252).
Figure 6.1
This right of eminent domain is the basis of the Land Acquisition Act, 1894, which is directly and exclusively
concerned with the acquisition of land by the Central as well as State Government. There are a number of
other Central as well as State laws, which permit the Government to acquire land for specific purposes. The
purposes include declaration of reserved forests, planned development of industries, slum clearance, town
planning, municipal housing schemes, etc. (see Figure 6.1). Instances of such Acts are as follows.
 The Forest Act, 1927
 The Coal Bearing Areas (Acquisition & Development) Act, 1957
 The National Highways Act, 1956

6.3 EXTENT OF APPLICATION OF THE ACT

The Land Acquisition (Amendment) Act, 1984 is applicable to the whole of India except Jammu and
Kashmir, which enjoys a special position under the Constitution and still continues to be governed by the
State (Jammu and Kashmir) Land Acquisition Act, 1990.
Power of State Government to Amend the Land Acquisition Act, 1984
The Land Acquisition Act of 1894 has been enacted by the Central Government. However, the State
Governments have the power to amend its provisions. Within the territory of each State, the Act will be
applicable in the amended form. However, the State Governments can make any amendments as long as they
are not opposed to any of the provisions of the Act.
Please check the Act for amendments applicable to your State. In this Unit, only certain important State
amendments have been discussed.

6.4 FEATURES OF THE LAND ACQUISITION (AMENDMENT)

ACT OF 1984
The Land Acquisition Act of 1894 was drastically amended in 1984 by the Central Government. The
following are the features of the revised act known as the Amendment Act of 1984.
 The setting down of a time limit for the completion of all formalities between the issue of the preliminary
notice under section 4(1) of the Act and the issue of the declaration of intended acquisition under section
6(1) of the Act (First proviso to section 6(1) of LA Act).
 The setting down of a time limit within which the Collector must make his/her award (section 11-A of the
Act)
 Payment of interest at 12 percent per annum for the period commencing from the date of the notice under
section 4(1) of LA Act and ending with the date of the Collector’s award (section 23 (I-A) of LA Act).
 Payment of solatium (i.e. compensation for loss, suffering or injured feelings) at an increased rate of 30
percent of the market value of the acquired land (Section 23(2) of LA Act). Previously, the interest rate
was fixed at 15 per cent of the market value
 The provision of an opportunity to those dissatisfied with the Collector’s award to apply to him/ her for a
re-determination of the compensation payable to them on the basis of an order for higher compensation
obtained by any one of them from the Reference Court (section 28-A of LA Act).
These changes introduced by the Amendment Act of 1984 are beneficial for the displaced persons because
they seek to:
 Minimise the undue delays that characterise acquisition proceedings.
 Provide for payment of compensation on a realistic scale.
However, this Amendment Act has also created many disadvantages for people because it has conferred
greater discretionary powers on the Government for acquiring land (Refer Unit 8 for details).
The LA (Amendment) Act, 1984 has simplified the procedure for acquisition of land for a corporation owned
or controlled by the State. Now it is not necessary for such a body to fulfill the two preconditions that all non-
government companies are required to satisfy before the LA Act can be set in motion to acquire land on their
behalf. (See section 6.6.4 of the Unit for details).
Check Your Progress 1
i) Describe the scope of Land Acquisition Act of 1894.
ii) Briefly list the features of the Land Acquisition (Amendment) Act of 1984.

6.5 SOME DEFINITIONS

Both the original Land Acquisition Act of 1894 and its subsequent amended version contain certain key
words, the knowledge of which is necessary to obtain a comprehensive understanding of the entire Act. The
key words, namely, ‘land’, ‘person interested’ and ‘public purpose’ are defined in the following sub-
sections of the Unit.
6.5.1 Land – Section 3 (a) of LA Act
The word ‘land’ is not comprehensively defined in the Land Acquisition Act of 1894. Section 3(a) of the Act
merely gives examples of what ‘land’ includes. In law, the word ‘land’ is understood to refer to:
 ground, soil, earth, woods, forests, lakes, ponds along with all that is on such land e.g. buildings; or below
it e.g. minerals.
 all rights/ interests in such land, such as
i) right to collect rents and profits of the land
ii) a right to collect lac from trees
iii) right of way
 iv) the right of a tenant to reside in the house which he has leased.
These are limited rights or interests in the land. Such limited rights or interests cannot be acquired without first
acquiring the land from which such rights arise. While estimating the value of any land, the Government must
also take into consideration the value of such limited rights/interests in the land. The example given in Box 6.1
will help to simplify the above.

e. Abdul can lease out a part or the whole of this house to Mustafa. Abdul has created a limited right / interest in the land in favour of
e to compensate Abdul, the owner and Mustafa, the tenant. The Government cannot acquire Mustafa’s right to reside in Abdul’s hous

According to section 3(a) of LA Act, ‘land’ includes the following elements:

 Benefits to arise out of land e.g. a right to collect fruit from fruit trees growing on the land of another
person, a right of fishery
 Things attached to the earth. This includes things rooted in the earth as in the case of shrubs or trees, and
things embedded in the earth as in the case of walls or buildings
 Things permanently fastened to anything attached to the earth e.g. boilers fixed in the brickwork and
engines fixed by bolts and nuts to the premises.
For purposes of compensation under section 23(1) of the Act, all these have to be taken into consideration for
assessing the market value of land to be acquired.
6.5.2 Person Interested – Section 3 (b) of LAAct
Only those who fall into the category of ‘persons interested’ as defined in the Land Acquisition Act of 1894,
are entitled to object to the acquisition of their land by the Government and to receive compensation for it.
The definition is not comprehensive but we can gather from the case law on the subject that to be considered a
‘person interested’ under the Act, certain conditions have to be fulfilled.
 One should have an interest in the land, which is being acquired. Such an interest may be an absolute one
such as that of an owner or a limited one such as that of a tenant.
 One should have or claim to have an interest in the compensation, which is to be awarded for the land.
Look at the examples given in Boxes 6.2 and 6.3.

and. Since the land has been acquired under the LA Act, the only way that Patwardhan can get his decree satisfied is by attaching the c

l the rights of such a person under the LA Act. Thus, if he is not satisfied with the amount of compensation awarded, he can ask the Co

One should be the holder of an easement over the land, which is being acquired. An easement is a right
enjoyed by a landowner to benefit from nearby land. An easement is always attached to some land and is
exercised by an individual in his capacity as owner of such land. Often easement takes the form of rights of
way i.e. a right to pass over another person’s land. Now, let us look at Box 6.4, which contains a relevant
example.
 Box 6.4: Example of Right of Way
Yadav and you own adjoining plots of land, plot A and plot B. The plots are situated in such a manner that without such
If Yadav’s plot is acquired under the LA Act, you as a ‘person interested’ will also have the right to object to the acquisiti

A very grave shortcoming of this definition of ‘person interested’ is that

it ignores landless labourers and artisans who form an integral part of the
social and economic fabric of the village community (see Figure 6.2).
They are neither entitled to voice their objections to the acquisition nor
receive any compensation on the ground of loss of earnings. Similarly,
an adult woman who is either unmarried or divorced and who does not
hold any land in her own right, is also not considered a ‘person
interested’. What is to become of her?
6.5.3 Public Purpose – Section 3 (f) of LA Act
Under the Land Acquisition Act of 1894, land can be acquired when it is
needed either for a public purpose or for a company. Broadly speaking,
the expression ‘public purpose’ means a purpose, which is in the general
interest of the community as opposed to the particular interest of individuals. Figure 6.2
The Land Acquisition Act of 1894 only states what ‘public purpose’ includes. It does not define the term
exhaustively.
The content of the term ‘public purpose’ has been substantially expanded by the Amendment Act of 1984. It
now includes a longer list of objects that are to be regarded as public purpose. Some of these are as given
below:
i) Provision of land for a corporation owned or controlled by the State: A body corporate, established under
an Act of Parliament such as the following, are instances of corporations owned or controlled by the State.
 Fertiliser Corporation
 The State Trading Corporation
 A co-operative society in which 51 per cent or more of the paid-up share capital is held by the
Government
 A registered society administered/ established by the Government.
Prior to the insertion of this provision by the Amendment Act of 1984, these corporations were treated like
other companies. They therefore had to satisfy the two preconditions that all companies are required to
fulfil before the provisions of the LA Act can be used to acquire land for them. See sub sections 39 to 41
of LA Act.
By specially providing that acquisition of land for such corporations is to be regarded as a public purpose,
the need to satisfy these two requirements has been dispensed with. It has now become much simpler for
the Government to acquire land for such corporations.
This provision is capable of being misused because it does not specify the purpose for which land can be
acquired for such a corporation under the LA Act. This has been left to the discretion of the Government.
ii) Provision of land for (residential purpose) the poor, the landless and those whose homes are affected by
calamities such as floods and earthquakes.
iii) Provision of land to persons affected or displaced by reason of the implementation of any scheme
undertaken by the Government, any local authority or a State owned or controlled corporation.
There is no doubt that the concept of ‘public purpose’ varies with the times, the State of the society and its
needs. It cannot be fixed and unalterable because what may today be regarded as a public purpose may not
necessarily have been so in the past and nor may it be so in the future. It is therefore not possible to give an
exhaustive list of ‘public purpose’ in the LA Act. This discretion must vest in the Government. However, this
does not mean that such discretion should be grossly abused to subserve the purpose of the Government (see
Dhagamwar 1997).
Check Your Progress 2
i) Describe the different definitions of the term ‘land’ and ‘person interested’ in LA Act of 1894.
ii) What does the term ‘public purpose’ mean in the Land Acquisition (Amendment) Act of 1984?

6.6 PRELIMINARY INVESTIGATION – SUB-SEC. 4,5,5A OF

LA ACT
To gain possession of any land under the Land Acquisition Act of 1894, the very first thing the Government
would have to do is to publish a notice that the land in question is needed or may be needed for a public
purpose or for a company. See section 4 (I) of the Act. This does not mean that this land is definitely going to
be acquired. This notice merely enables the Government to survey this land to find out whether it is suitable
for the purpose in mind. It alerts the persons interested in such land that it may be acquired by the Court.
6.6.1 Publication of Notice
This notice must be published in three ways namely,
i) In the Gazette: A Gazette is an official journal published by the Government. It is not easily available
and does not enjoy wide circulation among the people at large.
ii) In two daily newspapers (at least one must be a regional language daily) circulating in the locality in
which the land to be acquired is situated.

iii) In the form of a public notice: The gist of such notices must be made
available by the Collector to the public at convenient places in the
locality. This notice is not given individually (see Figure 6.3). For
example, in Bihar, the Collector is required to serve a copy of the
notice on all persons known or believed to be interested in the land.
These provisions fail to achieve their purpose (of informing the
persons concerned that their land may be acquired) when the land is to
be acquired, inhabited by people whose level of literacy is low.
Provisions need to be made for other more satisfactory ways of
communicating the notice e.g. by beat of drum. The collections of
some states have been given additional powers with regard to land
acquisition. For instance, in the states of Andhra Pradesh, Bihar and
Uttar Pradesh, in addition to the Government, the Collector has been
authorised to initiate proceedings for the acquisition of land.
Figure 6.3
6.6.2 Date of Publication of Notice under Section 4(1) of the LA Act
The notice under section 4(1) of LA Act has to be put in three publications. Which date of publication is to be
regarded as the date of publication of the notice? Let us take an example. The notice is published in the
official Gazette on 23.6.2000, in the newspapers on 1.7.2000 and the substance of the notice is affixed on
landmarks in the locality on 15.7.2000.
After the Amendment Act of 1984, the last of these three dates will be regarded as the date of publication of
the notice under section 4(1) of LA Act i.e. 15.7.2000.
It is important to determine the date of publication of this notice for the following reasons.
Firstly, it is with reference to this date that the amount of compensation payable will be determined. Thus, if
the date of publication of the notice is 15.7.2000, compensation will be paid with reference to the market
value of the land as on 15.7.2000 although the actual payment is being made in the year 2002. Refer to section
15 of the Act with section 23 of the Act.
 Secondly, after the date of publication of the notice under section 4(1) of LA
Act, a person interested cannot carry out any improvement to his land
without the permission of the Collector (see Figure 6.4). Nor should he incur
any expenditure in connection with such land without first obtaining the
Collector’s consent under section 24 of LA Act.
Thirdly, after the date of publication of the notice; no sale, mortgage, lease or
other disposal of the land that is the subject matter of such notice can be
made without the sanction of the Collector. Refer section 24 of LA Act.
At this stage, there is no change in the ownership of the land. The notice does
not strip a person of his ownership rights and transfer the same to the
Government. That happens only after the Collector makes his/ her award and
takes possession of the land.
6.6.3 Contents of Notice under Section 4(1) of LA Act Figure 6.4
The Act does not require the notice to be in any particular form.
The notice is required to disclose the public purpose for which the land may be needed. The LA Act does not
specify the detail in which such purpose should be spelt out. If the land is being acquired for a company, the
notice must say so. The information provided in Section 4 of LA Act notice is often very sketchy. Thus, one
cannot exercise one’s right to object effectively.
6.6.4 Entry upon Survey of Land to be Acquired – Section 4(2) of LA Act
Once the notice under section 4 of LA Act has been published, it is lawful for any officer who has been
properly authorised by the Government to enter upon, survey and take levels of any land in the locality
specified in the notice without the permission of the owner/ occupier. This right of entry to survey the land
varies slightly in different states. Look at Box 6.5 for examples of the same.

h a company can exercise these powers if he has been authorised to do so by the Government or the Deputy Commissioner. (Section 4
Government officers to exercise these powers even before the issue of the notice under section 4 of LA Act to enable the Government t

6.6.5 Objections to the Proposed Acquisition – Section 5-A of LA Act

Only a person who falls into the category of ‘person interested’ has a right to object to the proposed
acquisition. One must do so within 30 days from the date of publication of the notice under section 4 of LA
Act.
Even if the acquisition is for a company all objections must be made to the Collector.
The Collector is required to give the ‘person interested’ an opportunity to state her or his case in person or
through anyone else whom she or he may have authorised on their behalf. Once the Collector has heard all the
objections and made such further enquiry as she/ he thinks proper, the Collector must, with recommendations
on the objections, submit her or his report to the Government (Section 5A (2) of LA Act). The decision of the
Government is final.
Activity 6.1

your area. Check whether the preliminary investigation in the field was conducted. If there were gaps, try to find the reasons for the sa

6.7 DECLARATION OF INTENDED ACQUISITION

After considering the report of the Collector and the record of the proceedings before her/ him, if the
Government is satisfied that the land in question is needed for a public purpose or for a company, it must
make a formal declaration to that effect under section 6(1) of the Act.
This declaration must state the following information:
 The district or other territorial division in which the land is situated
 The public purpose for which the land is needed
 If it is needed for a company, details of the company should be stated
 The approximate area of such land
 If a plan has been made of the land, the place where such plan can be inspected section 6(2) of the Act.
In States other than Karnataka, it is not essential that plot numbers should be given. All that is essential is that
the particulars given should be clear and sufficient for the owner of the land to know with reasonable effect
whether or not and how much of his property is being covered by the declaration.
The declaration must be published in the same manner as the notice under section 4(1) of LA Act. Similarly,
the date of publication of the declaration is the last of dates on which the declaration was published. (Section
6(2) of the Act)
The Land Acquisition (Amendment) Act of 1984 has introduced an important change. Now, between the issue
of the notice under section 4 (1) of LA Act and the issue of the declaration under section 6 of the Act, a
maximum period of one year can elapse. If the declaration is not issued within one year, the notice under
section 4 of LA Act will lapse. The Government will have to issue a fresh notice if it wants to acquire the land
in question. Refer to Proviso given in Section 6 (1) of the Act.
6.7.1 Funds out of which Compensation must be Paid
No declaration under section 6 of the Act can be made unless the following condition as regards the funds out
of which compensation must be paid is fulfilled:
 Where the land is being acquired for a public purpose, the compensation to be awarded must be paid
wholly or partly from public revenues, or from some fund controlled or managed by a local authority.
 In case of acquisition for a company, the compensation has to be paid entirely by the company. Second
proviso to section 6(1) of the Act.
6.7.2 Order for Acquisition – Section 7 of LA Act
After a declaration has been made, the Government should direct the Collector to take an order for the
acquisition of the land specified in the declaration. Thereafter, the Collector has to have such land correctly
measured and marked out. A correct plan must be prepared if this has not already been done. (Section 8 of the
Act)
Check Your Progress 3
i) Give two reasons why it is important to determine the date of publication of the notice under section 4(1)
of LA Act while acquiring land.
ii) What are the three ways in which a notice is to be published?

6.8 NOTICE TO PERSONS INTERESTED – SECTION 9 OF LA

ACT
Once the marking out of land and preparation of plans is completed, it is the duty of the Collector to give
notice to the persons interested under section 9(1) of LA Act. The notice informs the persons interested that
the Government intends to take possession of their land and that claims for compensation for interests in such
land should be made to him.
Two kinds of notices are to be given as explained below.
 Public or general notice to be given at convenient places on or near the land to be acquired (section 9(1)
of LA Act)
 Special or individual notices to the occupants of such land and all such persons who are known or
believed to be interested in such land (section 9 (3) of LA Act)
It is the duty of the Collector to ascertain with all reasonable means the names of all persons interested in the
land.
6.8.1 Contents of the Notice
Both the notices, general and individual under section (9) of LA Act, must contain the following details:
 Particulars of the land to be acquired
 It should require all persons who are interested in such land to appear before the Collector either in person
or by an agent to state the nature of their respective interests in the land, the amount and particulars of
their claims to compensation for such interests and their objections to the measurements taken under
section 8 of the Act. The Collector has the right to require that such claims and objections should be in
writing and under signatures of the person concerned or his agent (Section 9 (2) of LA Act).
 The time and place at which the person interested should appear must be specified. A clear period of at
least 15 days after the date of publication of the notice must be given. Any notice that gives a shorter time
is invalid.
6.8.2 Importance of Notice under Section 9 of LA Act
Once the Collector has made his/ her award, a person’s land becomes the property of the Government. The
Collector can then take possession of the land. Apart from the limited right of reference given to the person
interested under section 18 of the Act, she or he cannot question the Collector’s award. Therefore, it is the
duty of the person interested to be very alert and answer the notice by filing his/ her claim within the specified
time.
If the person interested, fails to file his/her claim and appear before the Collector, he/she will be bound by the
Collector’s award.
It is the duty of the Collector to enquire into all the claims that have been filed and objections raised in answer
to the notices. Such an enquiry can be held on a day fixed by him/her.
The scope of the Collector’s enquiry is restricted to the following three matters namely:
 Objections to the measurements of the land to be acquired
 The value of the land to be acquired at the date of the publication of the notice under section 4 (1) of
LAAct
 The interests of the persons claiming compensation.
Check Your Progress 4
i) Why is it important to be alert and answer the notice under section 9 of LA Act?
ii) What are the two kinds of notices which can be served to a ‘person interested’, and what should be its
contents?

6.9 LET US SUM UP

This Unit discusses the scope of the Land Acquisition Act and the implications of the Amendment Act of
1984, followed by the procedure to be followed by the Government for acquiring land under the Act. Certain
basic definitions were also elaborated in order to help the readers to properly understand what the Act states.
The later sections of this Unit are also very important as a comprehensive knowledge of the various provisions
discussed therein would assist the readers to know how the persons interested could gain adequate
compensation and thus safeguard their interests.

6.10 CUES TO CHECK YOUR PROGRESS

Check Your Progress 1
i) The scope of the applicability of the LAAct 1894 was not applicable to the states of Jammu and Kashmir,
Rajasthan, Kerala and Nagaland, which had their own self contained Land Acquisition Acts. With the
passing of the Land Acquisition (Amendment) Act of 1984, the government i.e. both the centre and the
state got the right to acquire private land anywhere in India, with the sole exception of Jammu and
Kashmir for public purposes. It has the right to appropriate land without the owner’s consent for the
purpose of any public utility like town planning, slum clearance, development of industries etc.
ii) There are five features of the Amendment Act of 1984. The first feature is setting down of a time limit for
the completion of all formalities from the issue of the preliminary notice under section 4(1) of the Act till
the issue of declaration of intended acquisition under section 6(1) of the Act. The second feature is related
to the setting down of a time limit for the Collector to make his/ her award. The third feature specifies the
payment of interest at 12 per cent per annum from the date of the notice under section 4(1) of the Act till
the issue of the Collector’s award. The fourth feature specifies the payment of solatuim at an increased
rate of 30 per cent of the market value of the acquired land. The fifth feature states the availability of an
opportunity for those dissatisfied with the Collector’s award to apply to him/ her for a redetermination of
 their compensation amount on the basis of an order for higher compensation obtained by another affected
person from the Reference Court.
Check Your Progress 2
i) The term ‘land’ refers to all that is present on the land itself like houses, forests, wells etc. and also to
everything that exists below it e.g. minerals. It also refers to all rights/ interests in land such as right to
collect rents and profits of the land, right to collect lac from trees, right to way and the right of a tenant to
reside in the house he has leased.
According to the Act, a ‘person interested’ is one who has an absolute interest in the land as an owner or a
limited interest in the form of a tenant. Claim in the compensation to be awarded, or being the holder of an
easement over the land which is being acquired are also essential features of being a ‘person interested’.
ii) The term ‘public purpose’ was not defined in detail in the Land Acquisition Act of 1894 which was
subsequently revised in the Amendment Act of 1984. The list of objects which are included under ‘public
purpose’ are provision of land for a corporation owned or controlled by the state, provision of land for the
poor, landless and those affected by calamities and provision of land of persons affected or displaced due
to the implementation of any scheme undertaken by the Government, any local authority or state owner or
controlled corporation.
Check Your Progress 3
i) The two reasons for it being important to be aware of the exact date are firstly, the compensation to be
given will be calculated on the interest rates of that particular day and secondly, the owner cannot incur
any expenditure on the land after the date.
ii) The three ways in which the notice can be published are in the Gazette, in two daily newspapers and in the
form of a public notice. The notice must specify the public purpose for which land is being acquired but
the Act does not state in what detail it should be written.
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i) If one is not alert and does not file a claim within the time specified in the notice, then the Collector’s
award will have to be accepted and no further objections can be raised.
ii) The two kinds of notices which can be served to a person interested are a public or general notice and a
special or individual notice.
With regard to the content, both the notices must specify the particulars of the land to be acquired, all the
‘persons interested’ are asked to appear before the Collector and state their interests in the land, claims to
compensation amounts. The time and place of such a meeting must be clearly specified.

6.11 GLOSSARY
Easement : The right enjoyed by a landowner to benefit from nearby land. An
easement is always attached to some land and is exercised by an
individual in his capacity as owner of such land.
Eminent Domain : The power of the State to take property for purposes of public utility
without the owner’s consent.
Land : The soil, earth, woods, forests etc. along with all that is on such land
or below it.
Person Interested : A person who is entitled under the Act to object to the acquisition
and receive compensation for the land being acquired.
Public Purpose : A purpose which is in the general interest of the community as
opposed to the particular interest of individuals.

6.12 REFERENCES
Dhagamwar, Vasudha 1997. The Land Acquisition Act: High Time for Changes. IN Walter Fernandes and
Vijay Paranjpye (ed.). Rehabilitation Policy and Law in India: A Right to Livelihood. Indian Social Institute:
New Delhi; Econet: Pune
Vaswani, Kalpana 1990. The Land Acquisition Act and You. Multiple Action Research Group: New Delhi