ASSIGNMENT PROF.

PRACTICE-II
BY ABHIJEET SAXENA B.ARCH
5TH YEAR

DEFINE LAW ACQUISITION ACT 1894?

AN ACT TO AMEND THE LAW FOR THE ACQUISITION OF LAND FOR

PUBLIC PURPOSES AND FOR
COMPANIES.WHEREAS IT IS EXPEDIENT TO AMEND THE LAW FOR THE
ACQUISITION OF LAND NEEDED FOR
PUBLIC PURPOSES AND FOR COMPANIES AND FOR DETERMINING THE
AMOUNT OF COMPENSATION TO BE
MADE ON ACCOUNT. THIS ACT WAS REPLACED BY LAND ACQUISITION
ACT 2013 AND BEEN AMENDED AS INTO ACT OF 2015 AND ACT 2018

LAND ACQUISITION ACT 2018

THIS ACT MAY BE CALLED THE RIGHT TO FAIR COMPENSATION AND

TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT
(MAHARASHTRA AMENDMENT) ACT, 2018.

AMENDMENT 1-
10-A. Power of State Government to exempt certain projects. - The State
Government may, in the public interest, by notification in the Official Gazette,
exempt any of the following projects from the application of the provisions of
Chapter II and Chapter III of this Act, namely :-

(a) such projects vital to national security or defence of India and every part
thereof, including preparation for defence or defence production;
(b) rural infrastructure including irrigation and electrification;
(c) affordable housing and housing for the poor people;
(d) industrial area or industrial estate set up by the State Government and its
undertaking;
(e) industrial corridor set up by the State Government and its undertaking (in
which case the land shall be acquired up to one kilometre on both sides of
designated railway line or roads for such industrial corridor); and

(f) infrastructure projects including projects under public-private partnership

where the ownership of land continues to vest with the Government :
Provided that, the State Government shall, before issue of notification,
ensure the extent of land for the proposed acquisition keeping in view the
bare minimum land required for such project.
 Difference Between Law and Act
With their Detailed Comparisons
LAW
Law is defined as an assemblage of regulations
and rules which must be followed as they remain
indispensable.
Law is more generic in terms of operations, and
the system is not that intricated to comprehend.
Law is an established phenomenon.
A law is implemented to end malpractices,
maintain public order, and most significantly
protect the Fundamental Rights.
Law mainly holds the single purview over the
larger picture.
Law is established by the regulatory procedure
and therefore, can be enforced.
Law ensures that people strictly abide by the
defined set of rules and regulations.
Laws fall under the regulation by the
Government authority and hold sovereignty in
it.
ACT
An Act is a decree which is approved by the
respective legislature. In India, an Act is
approved by the State Legislative Assembly or
the Parliament of India.
Depending on the applied domains, Acts are
specific and conditional.
An Act is originally a bill proposed by the
Parliament or the Houses of the Parliament. The
Bill then gets approval from the Lok Sabha and
Rajya Sabha and finally, the President approves
the stature and then functions as an Act.
Acts are billed and implemented to ensure
that people remain aware of a certain system
of rules and regulations that are in place.
An Act is a subset of the Law itself.
An Act is used as a representation by the Bill; it is
passed for and will not be enforced until the Bill
becomes a law.
An Act is employed in certain specific situations
to establish the system of regulations and rules
in specific domains. An example of this is the
Indian Companies Act, which regulates
companies or corporations’ formation and
functioning in India.
Acts are provisions that are enacted by the
Legislative Body or the Government for the
people to understand the meaning and role of
the Acts in specific circumstances.
ACQUISTATION ACT OF 2013 AND 2015
AMENDMENTS
CATEGORIES 2013 2015
 PROCEDURE FOR ACQUIRING
LAND
FOR THE PURPOSES OF LAND ACQUISITION ACT OF PROCEEDINGS ARE CARRIED ON BY AN
OFFICER APPOINTED BY THE GOVERNMENT KNOWN AS LAND ACQUISITION COLLECTOR. THE
PROCEEDING UNDER THE LAND ACQUISITION COLLECTOR IS OF AN ADMINISTRATIVE NATURE
AND NOT OF A JUDICIAL OR QUASI JUDICIAL CHARACTER. WHEN A GOVERNMENT INTENDS TO
OCCUPY A LAND IN ANY LOCALITY IS HAS TO ISSUE A NOTIFICATION UNDER SECTION 4 IN THE
OFFICIAL GAZETTE, NEWSPAPER AND GIVE A PUBLIC NOTICE WHICH ENTITLES ANYONE ON
BEHALF OF THE GOVERNMENT TO ENTER THE LAND FOR THE PURPOSES OF DIGGING, TAKING
LEVEL, SET OUT BOUNDARIES ETC. THE NOTIFICATION PUTS FORWARD THE INTENTION OF THE
GOVERNMENT TO ACQUIRE AND ENTITLES GOVERNMENT OFFICIALS TO INVESTIGATE AND
ASCERTAIN WEATHER THE LAND IS SUITABLE FOR THE PURPOSE. THE SECTION ALSO MAKES IT
MANDATORY FOR THE OFFICER OR PERSON AUTHORISED BY THE GOVERNMENT TO GIVE A
NOTICE OF SEVEN DAYS SIGNIFYING HIS INTENTION TO ENTER ANY OR BUILDING OR ENCLOSED
COURT IN ANY LOCALITY. THIS IS A MANDATORY PROVISION OF THE PROCESS OF LAND
ACQUISITION. AN OFFICER OR AUTHORISED PERSON OF THE GOVERNMENT HAS TO TENDER
PAYMENT FOR ALL NECESSARY DAMAGE, AND DISPUTE ALL DISPUTES TO INSUFFICIENCY OF
AMOUNT LIE TO THE COLLECTOR . UNDER SECTION 5(A) ANY PERSON INTERESTED IN LAND
WHICH IS NOTIFIED UNDER SECTION 4 (WHO IS ENTITLED TO CLAIM AN INTEREST IN
COMPENSATION) CAN RAISE AN OBJECTION, IN WRITING AND IN PERSON. THE COLLECTOR
AFTER MAKING INQUIRY TO SUCH OBJECTIONS HAS TO FORWARD THE REPORT TO THE
GOVERNMENT WHOSE DECISION IN THIS RESPECT WOULD BE FINAL. AFTER CONSIDERING SUCH
REPORT MADE BY THE COLLECTOR UNDER SECTION 5(A) THE GOVERNMENT MAY ISSUE A
DECLARATION WITHIN ONE YEAR OF THE NOTIFICATION UNDER SECTION 4 TO ACQUIRE LAND
FOR PUBLIC PURPOSES OR COMPANY, THIS DECLARATION IS A MANDATORY REQUIREMENT OF
THE ACQUISITION

NEXT STEP IN THE PROCESS OF ACQUISITION IS THAT COLLECTOR HAS TO CAUSE LAND TO BE
MARKED OUT, MEASURED AND APPROPRIATE PLAN TO BE MADE ACCURATELY , UNLESS IT IS
ALREADY DONE. REQUIREMENT OF THIS SECTION DEALS ONLY WITH APPROXIMATION AND DOES
NOT REQUIRE EXACT MEASUREMENT. AN IMPORTANT PROCESS THAT TAKES PLACE UNDER THIS
SECTION IS DEMARCATION WHICH CONSISTS OF MARKING OUT BOUNDARIES OF LAND TO BE
ACQUIRED, EITHER BY CUTTING TRENCHES OR FIXING MARKS AS POSTS. OBJECT IS TO
FACILITATE MEASUREMENT AND PREPARATION OF ACQUISITION PLAN, BUT ALSO LET THE
PRIVATE PERSONS KNOW WHAT LAND IS BEING TAKEN.

SECTION 9 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. IN AFFECT THIS SECTION REQUIRES COLLECTOR TO
ISSUE TWO NOTICES ONE TO THE LOCALITY OF ACQUISITION AND OTHER TO OCCUPANTS OR
PEOPLE INTERESTED IN LANDS TO BE ACQUIRED, AND IT IS A MANDATORY REQUIREMENT.
NEXT STEP IN THE PROCESS OF ACQUISITION 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 ALSO BINDS THE
PERSON BY REQUIRING HIM TO DELIVER SUCH INFORMATION TO THE COLLECTOR MY MAKING
HIM LIABLE UNDER SECTIONS 175 AND 176 OF THE INDIAN PENAL CODE. THE OBJECT OF THIS
STEP IS TO ENABLE THE COLLECTOR TO ASCERTAIN THE COMPENSATION BY GIVING HIM A
VAGUE IDEA.
THE FINAL SET OF COLLECTOR'S PROCEEDINGS INVOLVE AN ENQUIRY BY THE COLLECTOR INTO
THE OBJECTIONS MADE BY THE INTERESTED PERSONS REGARDING THE PROCEEDINGS UNDER
SECTION 8 AND 9 AND MAKING AN AWARD TO PERSONS CLAIMING COMPENSATION AS TO THE
VALUE OF LAND ON THE DATE OF NOTIFICATION UNDER SECTION 4. THE ENQUIRY INVOLVES
HEARING PARTIES WHO APPEAR WITH RESPECT TO THE NOTICES, INVESTIGATE THEIR CLAIMS,
CONSIDER THE OBJECTIONS AND TAKE ALL THE INFORMATION NECESSARY FOR ASCERTAIN THE
VALUE OF THE LAND, AND SUCH AN ENQUIRY CAN BE ADJOURNED FROM TIME TO TIME AS THE
COLLECTOR THINKS FIT AND AWARD IS TO BE MADE AT THE END OF THE ENQUIRY..

THE AWARD MADE MUST BE UNDER THE FOLLOWING THREE HEADS:

• CORRECT AREA OF LAND
• AMOUNT OF COMPENSATION HE THINKS SHOULD BE GIVEN
• APPORTIONMENT OF COMPENSATION