4. Publication of preliminary notification and power of officers thereupon. -
(1) Whenever it appears to the [appropriate Government] the land in any locality [is needed or] is likely to be needed
for any public purpose [or for a company], a notification to that effect shall be published in the Official Gazette [and
in two daily newspapers circulating in that locality of which at least one shall be in the regional language], and the
Collector shall cause public notice of the substance of such notification to be given at convenient places in the said
locality [(the last of the dates of such publication and the giving of such public notice , being hereinafter referred to
as the date of the publication of the notification)].
(2) Thereupon it shall be lawful for any officer, either generally or specially authorized by such Government in this
behalf, and for his servants and workman, -
to enter upon and survey and take levels of any land in such locality;
to dig or bore into the sub-soil;
to do all other acts necessary to ascertain 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 authorized shall at the time of such entry pay or tender payment for all
necessary damaged 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 officer of the
district, and such decision shall be final.
[Objections
5A. Hearing of objections. - (1) Any person interested in any land which has been notified under section 4, subsection (1), as being needed or likely to be needed for a public purpose or for a Company may, [within thirty days
from the date of the publication 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 [in person or by any person authorized by him in this behalf] or by pleader
and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary,
[either make a report in respect of the land which has been notified under section 4, sub-section (1), or make
different reports in respect of different parcels of such land, to the appropriate Government, containing his
recommendations on the objections, together with the record of the proceedings held by him, for the decision of that
Government]. The decision of the [appropriate Government] on the objections shall be final.
(3) For the purpose 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 provision of Part VII of this Act,
[appropriate Government] is satisfied, after considering the report, if any, made under section 5A, sub-section (2)],
that any particular land is needed for a 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 authorized to certify its orders [and
different declarations may be made from time to time in respect of different parcels of any land covered by the same
notification under section 4, sub-section (I) irrespective of whether one report or different reports has or have been
made (wherever required) under section 5A, sub-section (2)];
[Provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section
(1)-
(i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 (1 of
1967), but before the commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), shall be made
after the expiry of three years from the date of the publication of the notification; or
(ii) published after the commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), shall be made
after the expiry of one year from the date of the publication of the notification:]
Provided further that] no such 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.
[Explanation 1. - In computing any of the periods referred to in the first proviso, the period during which any action
or proceeding to be taken in pursuance of the notification issued under section 4, sub-section (1), is stayed by an
order of a Court shall be excluded.
Explanation 2. - Where the compensation to be awarded for such property is to be paid out of the funds of a
corporation owned or controlled by the State, such compensation shall be deemed to be compensation paid out of
public revenues.]
(2) [Every declaration] shall be published in the Official Gazette [and in two daily newspapers circulating in the
locality in which the land is situated of which at least one shall be in the regional language, and the Collector shall
cause public notice of the substance of such declaration to be given at convenient places in the said locality (the last
of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the
publication of the declaration), and such declaration 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 made 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 land shall have been so declared to be
needed for public purpose, or for a Company, the [appropriate Government], or some officer authorized 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 market 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
compensations for all interests 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 agent before the Collector at a time and place therein mentioned (such time not being earlier
than fifteen days after the date of publication of the notice), and to state the nature of their respective interests 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 interested therein, or to entitled to act for persons so interested, as reside or have
agents authorized 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 letter addressed to him at his last known residence, address or place or business and [registered under sections 28
and 29 of the Indian Post Office Act, 1898 (6 of 1898)].
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 thereof as co-proprietor,
sub-proprietor, mortgagee, 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 statement under this 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 (45 of 1860).
Enquiry into measurements, value and claims, and award by the Collector
11. Enquiry and award by Collector. - [(1)] On the day so fixed, or on any other day to which the enquiry has been
adjourned, the Collector shall proceed to enquire into the objection (if any) which any person interested has stated
pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land
[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, or whom, or of whose claims, he has information, whether or not they have respectively appeared before him :
[Provided that no award shall be made by the Collector under this sub-section without the previous approval of the
appropriate Government or of such officer as the appropriate Government may authorize in this behalf:
Provided further that it shall be competent for the appropriate Government to direct that the Collector may make
such award without such approval in such class of cases as the appropriate Government may specify in this behalf.
[(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is
satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to
be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he
may, without making further enquiry, make an award according to the terms of such agreement.
(3) The determination of compensation for any land under sub-section (2) shall not in any way affect the
determination of compensation in respect of other lands in the same locality or elsewhere in accordance with the
other provisions of this Act.
(4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under subsection (2) shall be liable to registration under that Act.]
[11A. Period shall be which an award within made. - The Collector shall make an award under section 11 within a
period of two years from the date of the publication of the declaration and if no award is made within that period, the
entire proceeding for the acquisition of the land shall lapse:
Provided that in a case where the said declaration has been published before the commencement of the Land
Acquisition (Amendment) Act, 1984 (68 of 1984), the award shall be made within a period of two years from such
commencement.
Explanation - In computing the period of two years referred to in this section, the period during which any action or
proceeding to be taken in pursuance of the said declaration is stayed by an order of a Court shall be excluded.]
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, 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
appointment 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.
[13A. Correction of clerical errors, etc. - (1) The Collector may, at any time but not later than six months from the
date of the award, or where he has been required under section 18 to make a reference to the Court, before the
making of such reference, by order, correct any clerical or arithmetical mistakes in the award or errors arising
therein either on his own motion or on the application of any person interested or a local authority:
Provided that no correction, which is likely to affect prejudicially any person, shall be made unless such person has
been given a reasonable opportunity of making a representation in the matter.
(2) The Collector shall give immediate notice of any correction made in the award to all the persons interested.
(3) Where any excess amount is proved to have been paid to any person as a result of the correction made under subsection (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay,
the same may be recovered as an arrear of land revenue.]
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 powers to summon and enforce the attendance of witnesses,
including the parties interested of 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 1[Code of Civil
Procedure 1908 (5 of 1908)].
15. Matters to be considered and neglected. - In determining the amount of compensation, the collector shall be
guided by the provisions contained in section 23 and 24.
[15A Power to call for records, etc. - The appropriate Government may at any time before the award is made by the
Collector under section 11 call for any record of any proceedings (whether by way of inquiry or otherwise) for the
purpose of satisfying itself as to the legality or propriety of any findings or order passed or as to the regularity of
such proceedings and may pass such order or issue such direction in relation thereto as it may think fit:
Provided that the appropriate Government shall not pass or issue any order or direction prejudicial to any person
without affording such person a reasonable opportunity of being heard.]
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 case 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 land needed for a public purpose]. 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 accesses to any such station, [or the appropriate Government considers it necessary to
acquire the immediate possession of any land for the purpose of maintaining any structure or system pertaining to
irrigation, water supply, drainage, road communication or electricity,] the Collector may immediately after the
publication of the notice mentioned in sub-section (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 hours notice of his intention so to do, or such longer notice
as may be reasonably sufficient to enable such occupier to remove his movable property from such building without
unnecessary inconvenience.
(3) In every case under either of the preceding sub-sections the Collector shall at that time of taking possession offer
to the persons interested compensation for the standing crops and trees (if any) on such land and from any other
damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in case 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.
3[(3A) Before taking possession of any land under sub-section (1) or sub-section (2), the Collector shall, without
prejudice to the provisions of sub-section (3)-
(a) tender payment of eighty per centum of the compensation for such land as estimated by him to the person
interested entitled thereto, and
(b) pay it to them, unless prevented by some one or more of the contingencies mentioned in section 31, sub-section
(2),
and where the Collector is so prevented, the provisions of section 31, sub-section (2), (except the second proviso
thereto), shall apply as they apply to the payment of compensation under that section.
(3B) The amount paid or deposited under section (3A), shall be taken into account for determining the amount of
compensation required to be tendered under section 31, and where the amount so paid or deposited exceeds the
compensation awarded by the Collector under section 11, the excess may, unless refunded within three months from
the date of Collector's award, be recovered as an arrear of land revenue].
[(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 so direct, a declaration may be made under section 6 in respect of the land at any time [after
the date of the publication of the notification] under section 4, sub-section (1).]