Who is empowered to acquire any land not belonging to Govt.?

As per the provisions of Land Acquisition Act,1894 (Central Act) the Government is empowered to acquire any land, which is not the property of Government and which is required for public purpose or under the special circumstances described in Part-VII of the act, for a Company. The land, the interests of which is already vested in Government and in which no interests of private person exist, cannot form the subject of proceedings under the Land  Acquisition Act. The transfer of such land from one department to another or to a local authority or to a Corporation owned or controlled by the State or Company should be arranged for by executing action.
Who is competent to acquire the land on behalf of the Govt.?

            According to the provisions of Section-3(c) of the act, the Collector of district or a Deputy Commissioner and any officer specially appointed by the appropriate Government to perform the functions of a Collector under the Land Acquisition Act can acquire land under that Act. Since Collector of the district is over-burdened with multifarious work it is usual to vest an officer with the powers of Collector under the Act. In case of large projects like Irrigation, Railways etc. a Special Land Acquisition Officer is appointed to expedite the process of land acquisition for such projects.

Who is to file requisition for acquiring land and the pre-requisites for it?

            When land is required for public purpose, the requiring authority should file requisition with the Collector with requisites viz., schedule of land, land plan, administrative approval etc. indicating the purpose for acquisition. It is incumbent on the officer, who selects land for the requiring department, to endeavor to avoid buildings particularly religious buildings, tombs, graveyards etc., the acquisition of which will entail unnecessary expenditure of Government and annoyance to owners or the members of any religion or section, if the object sought can be equally well attained by a slight alteration of the alignment or site chosen or any some other manner. It is the duty of the Collector to see that the interest of the Government, of the public and private individuals are duly considered and that the land to be acquired and so selected is to cause the minimum of the expenditure, annoyance and loss compatible with the attainment of the object for which the land is required.        

What procedure is to be adopted after requisition of the land and who is competent to issue 4(1) verification?

Following receipt of the requisition, the Collector shall forward the draft notification along with necessary documents/ papers to the Revenue Department, R.D.C. and the Administrative Department concerned. If the proposal is in order the Revenue Department issues the notification U/S 4(1) of the act endorsing copies to all concerned. The notification so issued is required to be published in the Orissa Gazette and 2 Oriya Dailies. Besides, the Collector should give public notice of the substance of the notification at convenient places of the locality in which the land proposed to be acquired is situated. The last of the dates is taken as the date of publication of notification U/s 4(1). Section 17(4) authorizes the local Government to dispense with the procedure laid down in Section 3-A and issue the declaration U/s 6 immediately after the publication of the notification U/s 4(1) without inviting or hearing objections. This procedure is adopted if the land is required for public purpose urgently. In other cases, Section 5-A of the Act entitles the persons interested in the land proposed to be acquired to prefer objections. The Collector shall hear the objections received within the statutory period of 30 days. Following completion of hearing the Collector will furnish his report to the Government in Revenue Department keeping the requiring officer, RDC and Administrative Department informed.

Issue and publication of declaration u/s 6(1)

            The Collector is required to prepare and forward the draft declaration U/S 6(1) ,estimates and plan to the R.D.C. with copies to Administrative Department and others concerned. After receipt of the sanctioned estimates along with draft declaration papers from the Administrative Department, Revenue Department issues the declaration U/s 6(1) of the Act. The declaration so issued is required to be published in the same manner as in case of the notification, issued U/S 4(1).

Section 7 of the Act, what does it say ?

            After issue of declaration U/s 6(1), the requiring authority should deposit the estimated amount as sanctioned by the Government with the Collector for the purpose of disbursement of compensation to the persons interested in the land. Soon after the deposit of the estimated amount by the requiring authority, the Collector intimates such facts to the Government with request to issue orders U/S 7. Following publication of declaration of U/S 6(1) and receipt of report from the Collector regarding placement of funds by the requiring authority, the Revenue Department issues orders U/S 7 directing the Collector to take over possession of the land after framing the award and disbursing the compensation to the persons interested.

Award by Collector U/S 11.

            On receipt of orders U/s 7, the Collector is required to 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. The minimum time allowed in the notice for submission of claim petitions should not be less than 15 days from the date of publication of the notices. After the expiry of the stipulated period, the Collector shall proceed with the enquiry into the objections, if any, regarding measurement of the land and value of the land and make an award U/S 11 of the Land Acquisition Act.

What are the constituent of the award by the Collector u/s 11?

The award of Collector includes: -

1.      Market value of the land on the date of publication of notification U/S 4(1), damages  if any, value of the structure  if any, etc.

2.                  In addition to the market value of the land the Collector shall in every case award an amount calculated @ 12% per annum on such market value commencing on and from the date of publication of notification U/s 4(1) to the date of award of the Collector or the date of taken possession of the land, which ever is earlier.

3.                  In addition to the market value of the land, the Collector shall in every case award a sum of 30% on such market value in consideration of the compulsory nature of acquisition.

The market value of the land is determined usually on the basis of the sale transactions made in the Local Sub-Registrar Office during the period of one year preceding the date of publication of notification U/s 4(1). If sale transactions are not available in respect of the village in which land is acquired, the sale transactions in respect of the neighboring villages are taken into account. While, fixing the land value, the speculative transactions are ignored. If buildings are acquired, the Public Works Department officials of the areas usually make the valuation.

Compensation received under protest U/S 18.

            Consequent upon framing of awards U/S 11 of the Act, the Collector disburses the compensation to the awardees. If the awardees receives the compensation under protest, he is entitled to file reference petition U/s 18 requiring the Collector to refer the matter to the court for determination of the compensation. Such application shall be made within the time limit indicated hereunder:

(a)               If the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award,

(b)               In other cases, within six weeks of the receipt of the notice from the Collector under Section 12, Sub-Section 12, Sub-Section (2), or within six months from the date of the Collector’s award, whichever period shall first expire.

If the sum which, in the opinion of the court, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Court may direct that the Collector shall pay interest on such excess at the rate of (nine per centum) per annum from the date on which he took possession of the land to the date of payment of such excess into Court.

            Further, interest @ 15% per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereon which has not been paid into the Court before the date of such expiry by the same notification under Section 4, Sub-Section (1) and who are also aggrieved by the award of the Collector, may, notwithstanding that they had not made an application to the Collector under Section 18 within three months from the date of the award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Court;

            Any person who has not accepted the award under Sub-Section (1) of Section 28-A may, by written application to the Collector, require that the matter, be referred by the Collector for the determination of the Court and the provisions of Section 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under Section 18.