Preliminary investigation
{As to amendments with which this section should be read when land is required for the purposes
of a Company, See s.38 (2) , infra.)
(A protected monument may be acquired under this Act as if its preservation were a "public
purpose" within the meaning of the Act, see s.10 of the Ancient Monuments Preservation Act,
1904 (7 of 1904).} 4.Publication of preliminary notification and powers of officers of there upon:-
(1) Whenever it appears to the appropriate Government that land in any locality {Ins.by Act.38 of
1923, s.2.} [ is needed or ] is likely to be needed for any public purpose, a notification to that
effect shall be published in the Official Gazette, and the Collector shall cause public notice of the
substance of such notification to be given at convenient places in the said locality.
(2) Thereupon it shall be lawful for any officer, either generally or specially authorised by such
Government in this behalf, and for his servants and workmen.-
to enter upon and survey and take levels of any land in such locality ;
to dig or bore into the subsoil ;
to do all other acts necessary to ascerttain whether the land is adapted for such purpose ;
to set out the boundaries of the land proposed to be taken and the intended line of the work (if
any) proposed to be made thereon ;
to mark such levels, boundaries and line by placing marks and cutting trenches' and.
where otherwise the survey cannot be completed and the levels taken and the boundaries and
line marked, to cut down and clear away any part of any standing crop, fence or jungle :
Provided that no person shall enter into any building or upon any enclosed court or garden
attached to a dwelling-house (unless with the consent of the occupier thereof ) without previously
giving such occupier at least seven days' notice in writing of his intention to do so.
5.Payment for damage:-The officer so authorised shall at the time of such entry pay or tender
payment for all necessary damage to be done as aforesaid, and, in case of dispute as to the
sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of
the Collector or other chief revenue- offecer of the district, and such decision shall be final.
[Objections {Ins.by s.3, ibid.}
5 A.Hearing of objections:- (1) Any person interested in any land which has been notified under
section 4, Sub-section (1) as being needed or likely to be needed for a public purpose or for a
Company may, within thirty days after the issue of the notification, object to the acquisition of the
land or of any land in the locality, as the case may be.
(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the
Collector shall give the objector an opportunity of being heard either in person or by pleader and
shall, after hearing all such objections and after making such further inquiry, if any, as he thinks
necessary, submit the case for the decision of the appropriate Government, together with the
record of the proceedings held by him and a report containing his recommendations on the
objections,The decision of the appropriate Government on the objections shall be final.
(3) For the purposes of this section, a person shall be deemed to be interested in land who would
be entitled to claim an interest in compensation if the land were acquired under this Act.]
Declaration of intended acquisition
6.Declaration that land is required for a public purpose:- (1) Subject to the provisions of Part
VII of this Act , {Subs.by Act 38 of 1923, s.4.for "whenever it appears to the L.G."}[when the
appropriate Government is satisfied, after considering the report, if any, made under section 5 A,
sub-Section (2),] that any particular land is needed for public purpose or for a Company, a
declaration shall be made to that effect under the signature of a Secretary to such Government or
of some officer duly authorised to certify its orders :
Provided that no scuh declaration shall be made unless the compensation to be awarded for such
property is to be paid by a Company, or wholly or partly out of public revenues or some fund
controlled or managed by a local authority.
(2 ) The declaration shall be published in the Official Gazette, and shall state the district or other
territorial division in which the land is situate, the purpose for which it is needed, its approximate
area, and , where a plan shall have been of the land, the place where such plan may be
inspected.
(3) The said declaration shall be conclusive evidence that the land is needed for a public purpose
or for a Company, as the case may be; and, after making such declaration , the appropriate
Government may acquire the land in manner hereinafter appearing.
7.After declaration Collector to take order for acquisition:- Whenever any shall have been so
declared to be needed for a public purpose or for a Company the appropriate Government, or
some officer authorised by the appropriate Government in this behalf, shall direct the Collector to
take order for the acquisition of the land.
8.Land to be marked out, measured and planned:-The Collector shall thereupon cause the
land (unless it has been already marked out under section 4 ) to be marked out.He shall also
cause it to be measured, and if no plan has been made thereof , a plan to be made of the same.
9.Notice to persons interested:- (1) The Collector shall then cause public notice to be given at
convenient places on or near the land to be taken, stating that the Government intends to take
possession of the land, and that claims to compensation for all interest in such land may be made
to him.
(2) Such notice shall state the particulars of the land so needed, and shall require all persons
interested in the land to appear personally or by agenty before the Collector at a time and place
therein mentioned (such time not being earlier that fifteen days after the date of publication of the
notice), and to state the nature of their respective interest in the land and the amount and
particulars of their claims to compensation for such interests, and their objections (if any) to the
measurements made under section 8.The Collector may in any case require such statement to be
made in writing and signed by the party or his agent.
(3) The Collector shall also serve notice to the same effect on the occupier (If any) of such land
and on all such persons known or believed to be entitled to act for persons so interesed a s
reside or have agents authorised to receive service on their behalf, within the revenue-district in
which the land is situate.
(4) In case any person so interested resides elsewhere, and has no such agent, the notice shall
be sent to him by post in a letter addressed to him at his last known residence, address or place
of business and registered under Part III of the {See now the Indian Post Office Act, 1898 (6 of
1898).}
Indian Post Office Act, 1866.
10.Power to require and enforce the making of statements as to names and interests:- (1)
The Collector may also require any such person to make or deliver to him, at a time and place
mentioned (such time not being earlier than fifteen days after the date of the requisition), a
statement containing so far as may be practicable, the name of every other person possessing
any interest in the land or any part therof as co-proprietor, sub-proprietor, mortagagee, tenant or
otherwise, and of the nature of such interest, and of the rents and profits (if any) received or
receivable on account thereof for three years next preceding the date of the statement.
(2) Every person required to make or deliver a statment under this section or section 9 shall be
deemed to be legally bound to do so within the meaning of sections 175 and 176 of the Indian
Penal Code.
Enquiry into measuremnts, value and claims, and award by the Collector
11.Enquiry and award by Collector:- On the day so fixed, or any other day to which the enquiry
has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any
person interested has stated pursuant to a notice given under section 9 to the measurements
made under sectiuon 8 , and into the value of the land {Ins.by Act 38 of 1923, s.5}[ at the date of
the publication of the notification under section 4, sub-section (1)], and into the respective
interests of the persons claiming the compensation and shall make an award under his hand of--
(i) the true area of the land ;
(ii) the compensation which in his opinion should be allowed for the land ; and
(iii) the apportionment of the said compensation among all the persons known or believed to be
interested in the land, of whom, or of whose claims, he has information, whether or not they have
respectively appeared before him,
12.Award of Collector when to be final:- (1) Such award shall be filed in the Collector's office
and shall, except as hereinafter provided, be final and conclusive evidence evidence, as between
the Collector and the persons interested, whether they have respectively appeared before the
Collector or not, of the true area and value of the land, and the apportionment of the
compensation among the persons interested.
(2) The Collector shall give immediate notice of his award to such of the persons interested as
are not present personally or by their representatives when the award is made.
13.Adjournment of enquiry:- The Collector may, for any cause he thinks fit from time to time
adjourn the enquiry to a day to be fixed by him.
14.Power to summon and enforce attendance of witnesses and production of documents:-
For the purpose of enquiries under this Act the Collector shall have power to summon and
enforce the attendance of witnesses, including the parties interested or any of them ,and to
compel the production of documents by the same means, and (so far as may be ) in the same
manner, as is provided in the case of a Civil Court under the {See now the Code of Civil
Procedure, 1908 (5 of 1908).} Code of Civil Procedure.
15.Matters to be considered and neglected:- In determining the amount of compensation, the
Collector shall be guided by the provisions contained in sections 23 and 24.
Taking possession
16.Power to take possession:- When the Collector has made an award under section 11, he
may take possession of the land, which shall thereupon vest absolutely in the Government, free
from all encumbrances.
17.Special powers in cases of urgency:- (1) In cases of urgency, whenever the appropriate
Government so directs, the Collector, though no such award has been made, may, on the
expiration of fifteen days from the publication of the notice mentioned in section 9, sub-section
(1), take possession of any waste or arable land needed for public purposes or for a
Company.Such land shall thereupon vest absolutely in the Government, free from all
encumbrances.
(2) Whenever, owing to any sudden change in the channel of any navigable river or other
unforeseen emergency, it becomes necessary for any Railway administration to acquire the
immediate possession of any land for the maintenance of their traffic or for the purpose of making
thereon a river-side or ghat station, or of providing convenient connection with or access to any
such station, the Collector may, immediately after the publication of the notice mentioned in subsection (1) and with the previous sanction of the appropriate Government enter upon and take
possession of such land, which shall thereupon vest absolutely in the Government free from all
encumbrances.
Provided that the Collector shall not take possession of any building or part of a building under
this sub-section without giving to the occupier thereof at least forty-eight hour's notice of his
intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier
to remobe his movable property from such building without unecessary inconvenience.
(3) In every case under either of the preceding sub-sections the Collector shall at the time of
taking possession offer to the persons interested compensation for the standing crops and trees
(if any) on such land and for any other damage sustained by them caused by such sudden
dispossession and not excepted in section 24; and, in cases, such offer is not accepted, the value
of such crops and trees and the amount of such other damage shall be allowed for in awarding
compensation for the land under the provisions herein contained.
{Ins.by Act 38 of 1923, s.6}[(4) In the case of any land to which, in the opinion of the appropriate
Government, the provisions of sub-section (1) or sub-section (2) are applicable, the appropriate
Government may direct that the provisions of section 5A shall not apply, and, if it does not so
direct, a declaration may be made under section 6 in respect of the land at any time after the
publication of the notification under section 4, sub-section (1).]