11. Publication of preliminary notification and power of officers.–(1) Whenever, it appears to
the appropriate Government that land in any area is required or likely to be required for any public
purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with
details of the land to be acquired in rural and urban areas shall be published in the following manner,
namely:—
(a) in the Official Gazette;
(b) in two daily newspapers circulating in the locality of such area of which one shall be in the
regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case
may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabha
or Sabhas at the village level, municipalities in case of municipal areas and the Autonomous Councils
in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the
contents of the notification issued under the said sub-section in all cases of land acquisition at a
meeting called especially for this purpose.
(3) The notification issued under sub-section (1) shall also contain a statement on the nature of the
public purpose involved, reasons necessitating the displacement of affected persons, summary of the
Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of
rehabilitation and resettlement under section 43.
(4) No person shall make any transaction or cause any transaction of land specified in the
preliminary notification or create any encumbrances on such land from the date of publication of such
notification till such time as the proceedings under this Chapter are completed:
Provided that the Collector may, on the application made by the owner of the land so notified,
exempt in special circumstances to be recorded in writing, such owner from the operation of this subsection:
Provided further that any loss or injury suffered by any person due to his wilful violation of this
provision shall not be made up by the Collector.
(5) After issuance of notice under sub-section (1), the Collector shall, before the issue of a
declaration under section 19, undertake and complete the exercise of updating of land records as
prescribed within a period of two months.
12. Preliminary survey of land and power of officers to carry out survey.–For the purposes of
enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful
for any officer, either generally or specially authorised by such Government in this behalf, and for his
servants and workmen,—
(a) to enter upon and survey and take levels of any land in such locality;
(b) to dig or bore into the sub-soil;
17
(c) to do all other acts necessary to ascertain whether the land is adapted for such purpose;
(d) 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; and
(e) 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 act under clauses (a) to (e) in respect of land shall be conducted in the absence of
the owner of the land or in the absence of any person authorised in writing by the owner:
Provided further that the acts specified under the first proviso may be undertaken in the absence of
the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by
giving a notice of at least sixty days prior to such survey:
Provided also 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.
13. Payment for damage.–The officer so authorised under section 12 shall at the time of entry
under section 12 pay or tender payment for any damage caused, 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.
14. Lapse of Social Impact Assessment report.–Where a preliminary notification under section
11 is not issued within twelve months from the date of appraisal of the Social Impact Assessment
report submitted by the Expert Group under section 7, then, such report shall be deemed to have lapsed
and a fresh Social Impact Assessment shall be required to be undertaken prior to acquisition
proceedings under section 11:
Provided that the appropriate Government, shall have the power to extend the period of twelve
months, if in its opinion circumstances exist justifying the same:
Provided further that any such decision to extend the period shall be recorded in writing and the
same shall be notified and be uploaded on the website of the authority concerned.
15. Hearing of objections.–(1) Any person interested in any land which has been notified under
sub-section (1) of section 11, as being required or likely to be required for a public purpose, may
within sixty days from the date of the publication of the preliminary notification, object to—
(a) the area and suitability of land proposed to be acquired;
(b) justification offered for public purpose;
(c) the findings of the Social Impact Assessment report.
(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 authorised
by him in this behalf or by an Advocate 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 sub-section (1) of section 11, 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 along with a separate report giving
therein the approximate cost of land acquisition, particulars as to the number of affected families likely
to be resettled, for the decision of that Government.
(3) The decision of the appropriate Government on the objections made under sub-section (2) shall
be final.
16. Preparation of Rehabilitation and Resettlement Scheme by the Administrator.–(1) Upon
the publication of the preliminary notification under sub-section (1) of section 11 by the Collector, the
Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the
affected families, in such manner and within such time as may be prescribed, which shall include—
18
(a) particulars of lands and immovable properties being acquired of each affected family;
(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily
dependent on the lands being acquired;
(c) a list of public utilities and Government buildings which are affected or likely to be
affected, where resettlement of affected families is involved;
(d) details of the amenities and infrastructural facilities which are affected or likely to be
affected, where resettlement of affected families is involved; and
(e) details of any common property resources being acquired.
(2) The Administrator shall, based on the survey and census under sub-section (1), prepare a draft
Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the
rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are
primarily dependent on the lands being acquired and where resettlement of affected families is
involved—
(i) a list of Government buildings to be provided in the Resettlement Area;
(ii) details of the public amenities and infrastructural facilities which are to be provided in the
Resettlement Area.
(3) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include
time limit for implementing Rehabilitation and Resettlement Scheme.
(4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made
known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas or
Municipalities.
(5) A public hearing shall be conducted in such manner as may be prescribed, after giving
adequate publicity about the date, time and venue for the public hearing at the affected area:
Provided that in case where an affected area involves more than one Gram Panchayat or
Municipality, public hearings shall be conducted in every Gram Sabha and Municipality where more
than twenty-five per cent. of land belonging to that Gram Sabha or Municipality is being acquired:
Provided further that the consultation with the Gram Sabha in Scheduled Areas shall be in
accordance with the provisions of the Provisions of the Panchayats (Extension to the Scheduled Areas)
Act, 1996 (40 of 1996).
(6) The Administrator shall, on completion of public hearing submit the draft Scheme for
Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the
public hearing to the Collector.
17. Review of the Rehabilitation and Resettlement Scheme.–(1) The Collector shall review the
draft Scheme submitted under sub-section (6) of section 16 by the Administrator with the
Rehabilitation and Resettlement Committee at the project level constituted under section 45.
(2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his
suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme.
18. Approved Rehabilitation and Resettlement Scheme to be made public.–The Commissioner
shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local
language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices
of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the
affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate
Government.
19. Publication of declaration and summary of Rehabilitation and Resettlement.–(1) When
the appropriate Government is satisfied, after considering the report, if any, made under sub-section
(2) of section 15, that any particular land is needed for a public purpose, a declaration shall be made to
that effect, along with a declaration of an area identified as the “resettlement area” for the purposes of
rehabilitation and resettlement of the affected families, under the hand and seal of a Secretary to such
19
Government or of any other officer duly authorised 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 preliminary
notification irrespective of whether one report or different reports has or have been made (wherever
required).
(2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along
with declaration referred to in sub-section (1):
Provided that no declaration under this sub-section shall be made unless the summary of the
Rehabilitation and Resettlement Scheme is published along with such declaration:
Provided further that no declaration under this sub-section shall be made unless the Requiring
Body deposits an amount, in full or part, as may be prescribed by the appropriate Government toward
the cost of acquisition of the land:
Provided also that the Requiring Body shall deposit the amount promptly so as to enable the
appropriate Government to publish the declaration within a period of twelve months from the date of
the publication of preliminary notification under section 11.
(3) In projects where land is acquired in stages, the application for acquisition itself can specify
different stages for the rehabilitation and resettlement, and all declarations shall be made according to
the stages so specified.
(4) Every declaration referred to in sub-section (1) shall be published in the following manner,
namely:—
(a) in the Official Gazette;
(b) in two daily newspapers being circulated in the locality, of such area of which one shall be
in the regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case
may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;
(e) in the affected areas, in such manner as may be prescribed.
(5) Every declaration referred to in sub-section (1) shall indicate,—
(a) the district or other territorial division in which the land is situated;
(b) the purpose for which it is needed, its approximate area; and
(c) where a plan shall have been made for the land, the place at which such plan may be
inspected without any cost.
(6) The declaration referred to in sub-section (1) shall be conclusive evidence that the land is
required for a public purpose and, after making such declaration, the appropriate Government may
acquire the land in such manner as specified under this Act.
(7) Where no declaration is made under sub-section (1) within twelve months from the date of
preliminary notification, then such notification shall be deemed to have been rescinded:
Provided that in computing the period referred to in this sub-section, any period or periods during
which the proceedings for the acquisition of the land were held up on account of any stay or injunction
by the order of any Court shall be excluded:
Provided further that the appropriate Government shall have the power to extend the period of
twelve months, if in its opinion circumstances exist justifying the same:
Provided also that any such decision to extend the period shall be recorded in writing and the same
shall be notified and be uploaded on the website of the authority concerned.
20
20. Land to be marked out, measured and planned including marking of specific areas.–The
Collector shall thereupon cause the land, unless it has been already marked out under section 12, to be
marked out and measured, and if no plan has been made thereof, a plan to be made of the same.
21. Notice to persons interested.–(1) The Collector shall publish the public notice on his website
and 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 and rehabilitation
and resettlement for all interests in such land may be made to him.
(2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed,
and require all persons interested in the land to appear personally or by agent or advocate before the
Collector at a time and place mentioned in the public notice not being less than thirty days and not
more than six months 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, their claims to rehabilitation and resettlement along with their objections, if any, to the
measurements made under section 20.
(3) The Collector may in any case require such statement referred to in sub-section (2) to be made
in writing and signed by the party or his agent.
(4) 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, be entitled to act for persons so
interested, as reside or have agents authorised to receive service on their behalf, within the revenue
district in which the land is situated.
(5) In case any person so interested resides elsewhere, and has no such agent, the Collector shall
ensure that the notice shall be sent to him by post in letter addressed to him at his last known
residence, address of place or business and also publish the same in at least two national daily
newspapers and also on his website.
22. 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 less than thirty 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 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).
23. Enquiry and land acquisition award by Collector.–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 objections
(if any) which any person interested has stated pursuant to a notice given under section 21, to the
measurements made under section 20, and into the value of the land at the date of the publication of
the notification, and into the respective interests of the persons claiming the compensation and
rehabilitation and resettlement, shall make an award under his hand of—
(a) the true area of the land;
(b) the compensation as determined under section 27 along with Rehabilitation and
Resettlement Award as determined under section 31 and which in his opinion should be allowed
for the land; and
(c) 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.
21
STATE AMENDMENTS
Andhra Pradesh
In the Principal Act, after section 23, the following section shall be inserted, namely:-
“23A. Award of Col lector without enquiry in case of agreement of interested persons.—(1)
Notwithstanding anything contained in section 23, 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, he may, without
making further enquiry, make an award according to the terms of such agreement.
(2) The determination of compensation for any land under sub-section (1) 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.
(3) Notwithstanding anything contained in the Registration Act, 1908 (Act 16 of 1908), no
agreement made under sub-section (1) shall be liable to registration under that Act.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 4 (w.e.f. 1-1-2014).]
Maharashtra
After section 23 of the principal Act, the following section shall be inserted, namely:-
“23A. Award of Collector without enquiry in case of agreement of interested persons.–(1)
Notwithstanding anything contained in section 23, 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
State Government, he may, without making further enquiry, make an award according to the terms of
such agreement.
(2) The determination of compensation for any land under sub-section (1) 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.
(3) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement
made under sub-section (1) shall be liable to registration under that Act.”
[Vide Maharashtra Act 37 of 2018, sec. 4 (w.e.f. 26-4-2014).]
24. Land acquisition process under Act No. 1 of 1894 shall be deemed to have lapsed in
certain cases.–(1) Notwithstanding anything contained in this Act, in any case of land acquisition
proceedings initiated under the Land Acquisition Act, 1894,—
(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all
provisions of this Act relating to the determination of compensation shall apply; or
(b) where an award under said section 11 has been made, then such proceedings shall continue
under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.
(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings
initiated under the Land Acquisition Act, 1894 (1 of 1894),where an award under the said section 11
has been made five years or more prior to the commencement of this Act but the physical possession
of the land has not been taken or the compensation has not been paid the said proceedings shall be
deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings
of such land acquisition afresh in accordance with the provisions of this Act:
22
Provided that where an award has been made and compensation in respect of a majority of land
holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in
the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to
compensation in accordance with the provisions of this Act.
STATE AMENDMENTS
Andhra Pradesh
In the Principal Act, in section 24, in sub-section (2), –
“(1) in the existing proviso, for the expression “where an award has been made” the expression
“where the said award has been made 5 years or more prior to the commencement of this Act” shall be
substituted;
(2) after the existing proviso, the following proviso shall be added, namely:-
Provided further that in computing the period referred to in this sub-section, any period or periods
during which the proceedings for acquisition of the land were held up on account of any order, stay,
suspension or injunction issued by any Court or the period specified in the award of a Tribunal for
taking possession or such period where possession has been taken but the compensation is lying
deposited in a Court or in any designated account maintained for this purpose, shall be excluded.”
[Vide Andhra Pradesh Act 22 of 2018, sec. 5 (w.e.f. 1-1-2014).]
Maharashtra
In section 24 of the principal Act, in sub-section (2), after the proviso, the following proviso shall
be added, namely:-
“Provided further that, in computing the period referred to in this sub-section, any period or
periods during which the proceedings for acquisition of the land were held up on account of any stay
or injunction issued by any court or the period specified in the award of a Tribunal for taking
possession or such period where possession has been taken but the compensation is lying deposited in
a court or in any designated account maintained for this purpose on account of refusal or not coming
forward for receiving compensation despite receipt of such notice under sub-section (2) of section 12
of the Land Acquisition Act, 1894 (I of 1894), shall be excluded. Also if the said land is mutated
within three years after passing the award in the name of acquiring body, it shall be deemed that the
possession of the land has been taken.”
[Vide Maharashtra Act 37 of 2018, sec. 5 (26-4-2018).]
Haryana
In section 24 of the principal Act,-
(i) after sub-section (1), the following Explanation shall be inserted, namely:-
Explanation.-For the purpose of this sub-section, a land acquisition proceeding shall be
deemed to have been initiated under the Land Acquisition Act, 1894 (Central Act 1 of 1894)
where notification under section 4 of the said Act has been published in any form under
sub-section (1) of the said section.
(ii) in sub-section (2),-
(a) the word “physical” shall be omitted;
23
(b) for the word “or” occurring after the words “possession of the land has not been taken”, the
word “and” shall be substituted;
(c) in the proviso, for the sign “.”existing at the end, the sign “:” shall be substituted; and
(d) after the existing proviso, the following proviso shall be added at the end, namely:-
Provided further that in computing the period referred to in this sub-section, any period during
which the proceedings for acquisition of the land were held up on account of any stay or injunction
issued by order of any court, shall be excluded:
Provided further that the entry in rapat roznamcha regarding taking or handing over possession
recorded by the Land Acquisition Officer or Revenue Official shall be treated as possession taken
for all intents and purposes.
[Vide Haryana Act 21 of 2018, sec. 2 (9-5-2018).]
25. Period within which an award shall be made.–The Collector shall make an award within a
period of twelve months from the date of publication of the declaration under section 19 and if no
award is made within that period, the entire proceedings for the acquisition of the land shall lapse:
Provided that the appropriate Government shall have the power to extend the period of twelve
months if in its opinion, circumstances exist justifying the same:
Provided further that any such decision to extend the period shall be recorded in writing and the
same shall be notified and be uploaded on the website of the authority concerned.
26. Determination of market value of land by Collector.–(1) The Collector shall adopt the
following criteria in assessing and determining the market value of the land, namely:—
(a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the
registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is
situated; or
(b) the average sale price for similar type of land situated in the nearest village or nearest
vicinity area; or
(c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in
case of acquisition of lands for private companies or for public private partnership projects,
whichever is higher:
Provided that the date for determination of market value shall be the date on which the
notification has been issued under section 11.
Explanation 1.—The average sale price referred to in clause (b) shall be determined taking into
account the sale deeds or the agreements to sell registered for similar type of area in the near village or
near vicinity area during immediately preceding three years of the year in which such acquisition of
land is proposed to be made.
Explanation 2.—For determining the average sale price referred to in Explanation 1, one-half of
the total number of sale deeds or the agreements to sell in which the highest sale price has been
mentioned shall be taken into account.
Explanation 3.—While determining the market value under this section and the average sale
price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired
under the provisions of this Act on an earlier occasion in the district shall not be taken into
consideration.
24
Explanation 4.—While determining the market value under this section and the average sale
price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the
Collector is not indicative of actual prevailing market value may be discounted for the purposes of
calculating market value.
(2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be
specified in the First Schedule.
(3) Where the market value under sub-section (1) or sub-section (2) cannot be determined for the
reason that—
(a) the land is situated in such area where the transactions in land are restricted by or under
any other law for the time being in force in that area; or
(b) the registered sale deeds or agreements to sell as mentioned in clause (a) of
sub-section (1) for similar land are not available for the immediately preceding three years; or
(c) the market value has not been specified under the Indian Stamp Act, 1899 (2 of 1899)
by the appropriate authority,
the State Government concerned shall specify the floor price or minimum price per unit area of the
said land based on the price calculated in the manner specified in sub-section (1) in respect of similar
types of land situated in the immediate adjoining areas:
Provided that in a case where the Requiring Body offers its shares to the owners of the lands
(whose lands have been acquired) as a part compensation, for acquisition of land, such shares in no
case shall exceed twenty-five per cent, of the value so calculated under sub-section (1) or sub-section
(2) or sub-section (3) as the case may be:
Provided further that the Requiring Body shall in no case compel any owner of the land (whose
land has been acquired) to take its shares, the value of which is deductible in the value of the land
calculated under sub-section (1):
Provided also that the Collector shall, before initiation of any land acquisition proceedings in any
area, take all necessary steps to revise and update the market value of the land on the basis of the
prevalent market rate in that area:
Provided also that the appropriate Government shall ensure that the market value determined for
acquisition of any land or property of an educational institution established and administered by a
religious or linguistic minority shall be such as would not restrict or abrogate the right to establish and
administer educational institutions of their choice.
27. Determination of amount of compensation.–The Collector having determined the market
value of the land to be acquired shall calculate the total amount of compensation to be paid to the land
owner (whose land has been acquired) by including all assets attached to the land.
28. Parameters to be considered by Collector in determination of award.–In determining the
amount of compensation to be awarded for land acquired under this Act, the Collector shall take into
consideration—
firstly, the market value as determined under section 26 and the award amount in accordance
with the First and Second Schedules;
25
secondly, the damage sustained by the person interested, by reason of the taking of any
standing crops and trees which may be on the land at the time of the Collector's taking possession
thereof;
thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's
taking possession of the land, by reason of severing such land from his other land;
fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's
taking possession of the land, by reason of the acquisition injuriously affecting his other property,
movable or immovable, in any other manner, or his earnings;
fifthly, in consequence of the acquisition of the land by the Collector, the person interested is
compelled to change his residence or place of business, the reasonable expenses (if any) incidental
to such change;
sixthly, the damage (if any) bona fide resulting from diminution of the profits of the land
between the time of the publication of the declaration under section 19 and the time of the
Collector's taking possession of the land; and
seventhly, any other ground which may be in the interest of equity, justice and beneficial to the
affected families.
29. Determination of value of things attached to land or building.–(1) The Collector in
determining the market value of the building and other immovable property or assets attached to the
land or building which are to be acquired, use the services of a competent engineer or any other
specialist in the relevant field, as may be considered necessary by him.
(2) The Collector for the purpose of determining the value of trees and plants attached to the land
acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture,
sericulture, or any other field, as may be considered necessary by him.
(3) The Collector for the purpose of assessing the value of the standing crops damaged during the
process of land acquisition, may use the services of experienced persons in the field of agriculture as
may be considered necessary by him.
30. Award of solatium.–(1) The Collector having determined the total compensation to be paid,
shall, to arrive at the final award, impose a “Solatium” amount equivalent to one hundred per cent. of
the compensation amount.
Explanation.—For the removal of doubts it is hereby declared that solatium amount shall be in
addition to the compensation payable to any person whose land has been acquired.
(2) The Collector shall issue individual awards detailing the particulars of compensation payable
and the details of payment of the compensation as specified in the First Schedule.
(3) In addition to the market value of the land provided under section 26, the Collector shall, in
every case, award an amount calculated at the rate of twelve per cent. per annum on such market value
for the period commencing on and from the date of the publication of the notification of the Social
Impact Assessment study under sub-section (2)of section 4, in respect of such land, till the date of the
award of the Collector or the date of taking possession of the land, whichever is earlier.
STATE AMENDMENTS
Andhra Pradesh
In the Principal Act, after Chapter-IV, the following new Chapter IV A shall be inserted, namely:-
26
CHAPTER IV A
Voluntary acquisition of land
30A. Acquisition of land by the State Government by entering into agreement.:--(1)
Notwithstanding anything contained in the Principal Act, or any other law, whenever it appears to the
State Government that the land is needed in any area for any public purpose, the State Government or
its Authorized Officer will enter into an agreement with the willing land owner to sell the land in
favour of the State for the matters specified therein in a prescribed form.
(2) The State Government or its Authorized Officer shall pass an order in terms of agreement under
sub-section (1) for acquisition, and the substance of the order shall be notified in the Gazette. On such
publication of notification, the title, ownership and all interests of the land owner who enters into
agreements, shall vest with the State, free from all encumbrances.
(3) Notwithstanding anything contained in the Registration Act, 1908 (Act l6 of 1908), no
agreement entered under sub-section (1) shall be liable to registration under that Act.
(4) If any family, other than the family of the land owner who entered into an agreement, is
affected by the acquisition of land under this section, the State Government shall pay a lumpsum
amount towards rehabilitation and resettlement, if any, as prescribed in the rules framed hereunder:
Provided that no agreement or the lumpsum amount towards rehabilitation and resettlement as may
be prescribed, shall be abnormally at variance to the disadvantage of the land owners.]
[Vide Andhra Pradesh Act 22 of 2018, sec. 6 (w.e.f. 1-1-2014).]