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LA Act

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LAND ACQUISITION ACT (LA ACT) For legal private property holders, the acquisition of the land would be done under the aegis of the Land Acquisition Act 1894 (amended 1984). The L.A Act is applicable to all parts of India except to the State of Jammu and Kashmir.

The Land Acquisition Act, 1894 defines the following terms as follows:

Section 3A : Preliminary Survey of land and the power of officers to carry out the survey

the purpose of determining whether any land is needed for public purpose, the officer of the State Government in the Public Works Department or any other officer specially authorised by the State Government can:

  • Enter upon and conduct survey
  • Take level of the land. Mark such levels. Cut down and clear away any part of any standing crop, fence or jungle.
  • Ascertain whether the land is suitable for the purpose

Section 4 : Publication of Preliminary Notification

Whenever it appears to the appropriate Government Authority that land is needed for Public purpose a notification to that effect may be issued in the official Gazette u.s. 4(1) of the Land Acquisition Act 1894, (amended1984). The Notification shall also be issued in two locally circulated newspapers, one of which shall be in the regional language. In addition the collector shall ensure the "public notice of substance of such notification "To be given at a convenient place in the locality. The date of publication of the notification shall be considered as the date of the notification.

It shall be lawful on the behalf of the officer of the State Government in the Public Works Department or any other officer specially authorized by the State Government:

  • to enter upon, conduct survey and take levels.
  • dig or bore into the soil,
  • set out the boundaries of the proposed acquisition and
  • to take levels, boundaries and lines by placing marks and cutting trenches.

Section 5 : Hearing of Objections

Any person interested in the land notified u.s. 4(1) shall within 30 days of the publication of the notice file an objection u.s5 (1).

Every objection shall be made to the Collector in writing. The objector shall be given a opportunity to present his case in person or through an authorised representative .After hearing such objections and making such inquiry as he feels necessary the Collector shall present a report u.s.5(2) to the respective Government Authority along with the records of proceedings held by him. The decision of the appropriate government authority shall however be final.

Section 6: Declaration that land is required for Public Purpose

The appropriate Government after considering the report submitted by the Collector u.s.5(2) if satisfied that the land is required for public purpose shall issue a notification in the Official Gazette u.s.6(1). The Notification shall also be issued in two locally circulated newspaper, one of which shall be in the regional language. In addition the collector shall ensure the "public notice of substance of such notification" be given at a convenient place1 in the locality. The declaration shall be made under the signature of a secretary to such government or some officer duly authorised to certify the orders. Different declarations may be made for different parcels of land covered by the notification u.s. 4(1).

No Notification to the effect of declaration of land required for public purpose shall be issued after the expiry of one year of the publication of the notification u.s. 4(1).

Section 7 : Publication of Preliminary Notificatio

Whenever land has been declared for Public Purpose u.s. 6(1) the appropriate Government or any person authorized on behalf of the appropriate Government shall direct the collector to take order for the acquisition of land.

Section 8: Mark and measure the land to be acquired

The Collector shall thereupon cause the land to be measured and marked unless it has already been done u.s. Section 4

Section 9 : Notice to Persons Interested

The Collector shall issue a public notice u.s. 9(1) the be displayed at a convenient place on or near the land stating the Governments intention to take possession of the land and that claims for compensations and all other interests may be made to him.

The notice shall state particulars of land needed and require the person to appear personally or represented by his agent before the Collector at the stipulated time and place and state the nature of their respective interest in land and particulars of their claims to compensation. The date of such hearing shall not be earlier than fifteen days from the date of publication of the notice.

The collector shall also serve notice u.s. 9(3) to the same effect to all such person believed to be interested in the property to the person or his authorised agent.

In case the person interested resides elsewhere and has no such agent within the revenue district where such land is situated in such cases the notice shall be sent by registered post (u.s. 28 & 29 of the Indian Postal Act 1898) to his last known residence, address

Section 10 : Power to require and enforce the making of statement

Power to require and enforce the making of statement as names and interest. The collector may direct any person to deliver to him names of all person possessing interest in land, co-proprietorship, mortgagee, tenant and nature of such interest and also the rents and profits receivable from such property.

Section 11 : Enquiry and Award by the Collector

The Collector shall enquire into the objections in pursuant to the notice u.s. 9, measurements made u.s. 8 and into the value of land on the date of publication of notification u.s. 4(1) and shall make an award on:

  • The true area of land,
  • Compensation for the land
  • The apportionment of the compensation

The award for the compensation however shall be made only with the previous approval of the appropriate government authority or any officer as the appropriate government may authorise

Section 12 : Award by the Collector

The Collector shall make an award u.s. 11 within two years of the date of publication of the declaration. If the award is not made within two years of the date of publication of the notice in such cases the entire proceeding will lapse. However in the calculation of the period during which the action of the proceedings of land acquisition was stayed by an order of the court, shall not be included within the time period.

Section 13 : Adjournment of inquiry

The collector, if he thinks fit, adjourn the inquiry till such day to be fixed by him. He may make correction of clerical errors at any time not later than six months of the date of award or where he has to make correction under the orders of the court.

Government of Orissa's Land Acquisition Act

The Government of Orissa follows the National Land Acquisition Act 1894/1984 for the requisition and acquisition of land, with appropriate amendments from time to time in its application to the State of Orissa as follows.

  •  The Land Acquisition (Orissa Amendment) Act, 1948
  • The Land Acquisition (Orissa Amendment and Validation) Act, 1959

The above-mentioned amendments have simplified the process of land Acquisition, provided names of appropriate authorities and have further safeguarded the interests of the affected people.

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