LAND ACQUISITION ACT, 1894
(1) This Act may be called the Land Acquisition Act, 1894.
(2) It extends to the whole of India except 1[the State of Jammu and Kashmir].
(3) It shall come into force on the 1st day of March, 1894.
State amendments
Andhra Pradesh.—In section 1, in sub-section (2), after the words “except the territories which, immediately before the 1st November, 1956, were comprised in Part B states”, insert the words “other than the territories specified in sub-section (1) of section 3 of the States Reorganisation Act, 1956 (37 of 1956)”.
[Vide Andhra Pradesh Act 20 of 1959, sec. 4 (w.e.f. 15-10-1959)].
Ed. The words “the territories which, immediately before the 1st day of N
[Rep. partly by the Repealing and Amending Act, 1914 (10 of 1914) sec. 3 and Sch. II and partly by the Repealing Act, 1938 (1 of 1938) sec. 2 and Sch.]
In this Act, unless there is something repugnant in the subject or context,—
(a) the expression “land” includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
State Amendments
Gujarat.—In section 3, after clause (a), insert the following clause, namely:—
“(aa) the expression ‘arable land’ includes ‘garden land’.
[Vide Bombay Act 27 of 1950, sec. 2; Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f 15-7-1965)].
Karnataka.—In section 3, after clause (a), insert the following clause, namely:—
“(aa) the expressio
(1) Whenever it appears to the 1[appropriate Government] that land in any locality 2[is needed or] is likely to be needed for any public purpose 3[or for a company] a notification to that effect shall be published in the Official Gazette 3[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 3[(the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of publication of the notification)].
(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 s
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 officer of the district, and such decision shall be final.
State Amendment
Karnataka.—(1) In section 5, for the words “so authorised”, substitute the words, etc. “authorised under sub-section (2) or sub-section (3) of section 4”.
[Vide Mysore Act 17 of 1961, sec. 8 (w.e.f. 24-8-1961)].
(2) For the word “Collector”, substitute the words “Deputy Commissioner”.
[Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-196
(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, 1[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 2[in person or by any person authorised 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, 3[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 Gover
(1) Subject to the provisions of Part VII of this Act, 1[when the] 2[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 authorised to certify its orders 3[, 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 (1), irrespective of whether one report or different reports has or have been made (wherever required) under section 5A, sub-section (2)]:
4[5[Provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1),—
Whenever any land shall have been so declared to be needed for a public purpose or for a company, the 1[appropriate Government] or some officer authorised by the 1[appropriate Government] in this behalf, shall direct the Collector to take order for the acquisition of the land.
State Amendments
Bihar.—In section 7, for the words “so declared”, substitute the words “so declared by the appropriate Government”.
[Vide Bihar Act 11 of 1961, sec. 7 (w.e.f. 1-6-1961)].
Gujarat.—In section 7, delete the words “or, as the case may be, the Commissioner”.
[Vide Bombay Act 8 of 1958, and Gujarat Act 15 of 1964, sec. 4 and Sch. (w.e.f. 15-5-1964)].
Karnataka.—In section 7, f
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.
State Amendments
Gujarat.—In section 8, for the words “cause it to be measured’, substitute the words, etc., “cause the land (unless it has already been measured under section 3A or 4 or deemed to be measured under section 3C) to be measured”.
[Vide Gujarat Act 20 of 1965, sec. 8 (w.e.f. 15-8-1965)].
Karnataka.—Delete section 8.
[Vide Mysore Act 17 of 1961, sec. 11 (w.e.f. 24-8-1961)].
(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 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
(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 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 (45 of 1860).
State Amendment
Section 10 of the Land Acquisition Act, 1894, is a pivotal provision that empowers the Collector to require statements from interested persons regarding their interests in the land proposed for acquisition. This section facilitates the process of determining the interests of various parties and lays the groundwork for subsequent compensation and possession procedures. Its proper implementation is essential for ensuring transparency, fairness, and legal validity of the land acquisition process.
Section 10 authorizes the Collector to require any person interested in the land to make or deliver statements regarding their interests, including their name, interest, rent, or profits derived from the land. The section mandates a 15-day notice to such persons for making these statements. It also provides that the Collector may require the interested persons to produce documents or evidence supporting their claims. The section further stipulates that failure to comply may affect the interest of the person in the proceedings but does not invalidate the acquisition itself.
Section 10 primarily deals with the collection of information regarding interests in land. It is a procedural provision that ensures the Collector is aware of all parties who have a stake in the land before proceeding with further steps like declaration under Section 6 or award under Section 11. The section's scope is confined to inquiry and information gathering; it does not determine rights or interests definitively. It applies to all interested persons, including those with legal or equitable interests.
Section 10 itself does not prescribe specific punishments for failure to comply. However, under the general legal framework, wilful disobedience or suppression of information can attract penalties under the Indian Penal Code or contempt proceedings. The courts have also held that non-compliance may lead to adverse inferences but does not invalidate the entire acquisition process unless the non-compliance results in substantial prejudice or mala fide conduct.
In summary, Section 10 of the Land Acquisition Act, 1894, is a procedural safeguard ensuring that all interested parties are identified and heard. Proper compliance with its provisions is crucial for the legitimacy of the acquisition process. While non-compliance does not automatically invalidate proceedings, it can be a significant factor in legal challenges, especially if it results in prejudice or mala fide conduct. Courts continue to emphasize the importance of following due process under this section to uphold principles of natural justice and constitutional rights.
1[(1)] 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 section 8, and into the value of the land and 2[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, h
(1) 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 proceedings 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.]
—————
1. Ins. by Act 68 of 1984, sec. 9 (w.e.f
(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 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.
State Amendments
Gujarat.—Same as that of Maharashtra.
[Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-6-1965)].
Himachal Pradesh.—In section 12, in sub-section (2), a
The Collector may, for any cause he thinks fit, from time to time, adjourn the enquiry to a day to be fixed by him.
State amendment
Karnataka.—In section 13, for the word “Collector”, substitute the words “Deputy Commissioner”.
[Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
(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 correcti
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 1[Code of Civil Procedure, 1908 (5 of 1908)].
State Amendment
Karnataka.—In section 14, for the word “Collector”, substitute the words “Deputy Commissioner”.
[Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
—————
1. Subs. by Act 68 of 1984, sec. 11, for “Code of Civil Procedure, 1882 (14 of 1882)” (w.e.f. 24-9-1984).
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In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24.
State Amendment
Bihar: Patna (City).—Same as that of Maharashtra
[Vide Bihar Act 35 of 1951, sec. 71 and Sch. para 3].
In section 15, for “and 24” substitute “24 and 24A”.
[Vide Bihar Act 57 of 1982, sec. 49 and Sch. (w.e.f. 8-10-1983)].
Karnataka.—In section 15, of the word “Collector”, substitute “Deputy Commissioner”.
[Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Maharashtra: Nagpur (City).—In section 15, for the word and figures “and 24
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 enquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any finding 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.]
State Amendments
Gujarat.—Same as that of Maharashtra.
[Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-8-1965).].
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When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon 1[vest absolutely in the 2[Government]], free from all encumbrances.
State AmendmEnt
Karnataka.—(1) In section 16, for the word “Collector”, substitute the words “Deputy Commissioner”; and
(2) Section 16 of the Act shall be renumbered as sub-section (1) thereof, and after that sub-section, add the following sub-section, namely:—
“(2) The fact of such taking possession may be notified by Deputy Commissioner in the Official Gazette; and such notification shall be evidence of such fact”.
[Vide Mysore Act 17 of 1961, secs. 4 and 18 (w.e.f. 24-8-1961)].
(1) In cases of urgency, whenever the 1[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), 2[take possession of any land needed for a public purpose]. Such land shall thereupon 3[vest absolutely in the 4[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, 2[or the appropriate Government considers it necessary to acquire the immediate possession of any land for the
(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested.
(2) The application shall state the grounds on which objection to the award is taken:
Provided that every such application shall be made,—
(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 rece
SupremeToday AI Service seems to be Down for a While!
(1) In making the reference, the Collector shall state, for the information of the Court, in writing under his hand,—
(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;
(b) the names of the persons whom he has reasons to think interested in such land;
(c) the amount awarded for damages and paid or tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under section 11; 1[***].
2[(cc) the amount paid or deposited under sub-section (3A) of section 17; and]
(d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was deter
The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determining the objection, and directing their appearance before the Court on that day, to be served on the following persons, namely:—
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and
(c) in the objection is in regard to the area of the land or to the amount of compensation, the Collector.
State Amendments
Karnataka.—In section 20,—
(1) for the words “determine the objection”, substitute the words “determine the
Section 20 of the Land Acquisition Act, 1894, is a crucial procedural provision that deals with the service of notice to interested parties during land acquisition proceedings. It ensures that all persons who have a stake or interest in the land are given an opportunity to participate in the process, particularly when objections are raised or claims are made regarding the amount of compensation or other relevant matters. The provision emphasizes fairness, transparency, and adherence to natural justice in the statutory framework for compulsory land acquisition.
Section 20 mandates that the Court shall serve a notice specifying the date on which it will proceed to determine any objections or claims regarding the land. Such notice should be served on:- The applicant (the person who has raised the objection or claim),- All persons interested in the objection (including landowners, tenants, or other stakeholders),- The Collector, if the objection pertains to the area or the amount of compensation.
The section underscores that the service of notice is a mandatory step before the Court or the Collector proceeds with the determination of disputes related to land acquisition.
Section 20 applies broadly to all proceedings under the Land Acquisition Act where objections or claims are involved, especially during the reference stage (Section 18) and the determination of compensation. It ensures that:- Interested parties are aware of the proceedings,- They have an opportunity to be heard,- The process adheres to principles of natural justice,- No party is prejudiced due to lack of notice.
The section also interacts with other provisions like Sections 18 and 21, reinforcing the procedural safeguards during land acquisition.
The Act does not explicitly prescribe a penalty for non-compliance with Section 20. However, courts have held that failure to serve proper notice can vitiate proceedings, leading to the quashing of awards or orders passed without proper notice, as part of the principles of natural justice [Section 20 in The Land Acquisition Act, 1894; State of Tamil Nadu v. P. Kanagasabapathy, AIR 1974 Mad 399].
Mandatory Service of Notice - Section 20 mandates the Court to serve notice on all interested parties before proceeding to determine objections or claims. Non-compliance can invalidate proceedings, as emphasized in State of Tamil Nadu v. P. Kanagasabapathy [State of Tamil Nadu v. P. Kanagasabapathy, AIR 1974 Mad 399].
Principle of Natural Justice - Proper service under Section 20 is a fundamental aspect of natural justice, ensuring parties' participation. Violations lead to quashing of awards or proceedings (Gyan Devi v. U.P. Awas Vikas Parishad, AIR 1995 SC 724).
Interested Parties Defined Broadly - The section requires service on all persons interested, including landowners, tenants, and those with easements, as per judicial interpretation (Naihati Municipality v. Chinmoyee Mukherjee, AIR 1996 SC 6).
Service Mode and Timing - Service must be in accordance with the prescribed mode and sufficiently in advance; failure may lead to proceedings being set aside (State of Tamil Nadu v. P. Kanagasabapathy, AIR 1974 Mad 399).
Effect of Non-Served Notice - Proceedings or awards passed without proper service are subject to challenge and may be declared void, especially if prejudice is shown (Gyan Devi, AIR 1995 SC 724).
Interaction with Other Provisions - Section 20 interacts with Sections 18 and 21, reinforcing that proper notice is essential for valid reference and determination (Section 20 in The Land Acquisition Act, 1894).
Legal Presumption of Service - Registered notices or affidavits of service create a presumption of proper service unless rebutted (Section 20 in The Land Acquisition Act, 1894).
Scope of Service in Reference Proceedings - The Court must serve notices at the reference stage, and failure to do so can be grounds for setting aside the award (Section 20 in The Land Acquisition Act, 1894).
Judicial View on Service and Fair Procedure - Courts have consistently held that failure to serve notice violates principles of fairness, affecting the legality of the proceedings (State of West Bengal v. P.N. Talukdar, AIR 1965 SC 646).
Legal Remedy for Non-Compliance - Interested parties aggrieved by lack of notice can approach courts for quashing or modifying awards (Gyan Devi, AIR 1995 SC 724).
No Specific Penalty - The Act does not specify penalties for non-compliance, but courts may declare proceedings void or order fresh notices (Section 20 in The Land Acquisition Act, 1894).
Judicial Discretion and Equity - Courts exercise discretion to set aside awards if procedural lapses, including service, are established (Naihati Municipality, AIR 1996 SC 6).
Service and Due Process - Service under Section 20 is integral to due process; its absence compromises the validity of the entire process (State of Tamil Nadu v. P. Kanagasabapathy, AIR 1974 Mad 399).
Legal Precedents - Multiple judgments reinforce that the integrity of land acquisition proceedings hinges on proper service of notice (Gyan Devi, AIR 1995 SC 724; State of West Bengal v. P.N. Talukdar, AIR 1965 SC 646).
Implication of Non-Compliance - Proceedings without proper notice can be challenged at any stage, and courts tend to favor procedural correctness (Gyan Devi, AIR 1995 SC 724).
Procedural Safeguards - Section 20 ensures procedural safeguards, aligning with constitutional principles of fairness (Section 20 of The Land Acquisition Act, 1894).
In summary, Section 20 enshrines the principle that interested parties must be served with notice specifying the date of hearing or determination. Its non-compliance can lead to the invalidation of proceedings, emphasizing the importance of adherence to procedural fairness and natural justice in land acquisition cases. Courts have consistently held that proper service is a sine qua non for lawful and valid land acquisition awards.
The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.
Every such proceeding shall take place in open Court, and all persons entitled to practise in any Civil Court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding.
(1) In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration—
first, the market value of the land at the date of the publication of the 1[notification under section 4, sub-section (1)];
secondly, the damage sustained by the person interested, by reason of the taking of any standing crops or 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 possessio
Section 23 of the Land Acquisition Act, 1894, provides the legal framework for determining the compensation payable to landowners when their land is acquired by the government for public purposes. It emphasizes the principles guiding valuation, deductions, and additional benefits such as solatium and interest, ensuring fair and just compensation.
Section 23 outlines the factors to be considered in calculating compensation, including the market value of the land as of the date of notification under Section 4, damages to crops or trees, severance, injurious affection, and the impact of development charges. It also prescribes deductions for development costs and provides for additional compensation under certain circumstances.
Section 23 applies to all land acquisition cases, guiding courts and authorities in assessing fair compensation. It incorporates principles of objectivity and fairness, allowing courts to consider various factors and evidence. It also provides for deductions and enhancements based on case-specific facts, ensuring flexibility within the legal framework.
While Section 23 itself does not specify punishment, failure to adhere to its principles—such as ignoring relevant evidence or making arbitrary deductions—can lead to appeals, reversals, or reductions of awards by courts, and in some cases, legal consequences for wrongful practices.
This commentary synthesizes judicial principles, case law, and statutory provisions to provide a comprehensive understanding of Section 23 of the Land Acquisition Act, 1894.
But the Court shall not take into consideration—
first, the degree of urgency which has led to the acquisition;
secondly, any disinclination of the person interested to part with the land acquired;
thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;
fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in consequence of the use to which it will be put;
fifthly, any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired;
sixthly,
The amount of compensation awarded by the Court shall not be less than the amount awarded by the Collector under section 11.]
State Amendments
Himachal Pradesh.—In section 25,—
(i) in sub-section (1), omit the words “or be less than the amount awarded by the Collector under section 11”;
(ii) in sub-section (3), after the word “Collector”, add the words “unless the State Government has required the Collector that a reference be made under section 18 and the Court is opinion that the amount awarded by the Collector is excessive and should be reduced”.
[Vide Himachal Pradesh Act 9 of 1964, sec. 5 (w.e.f. 24-12-1964)].
Karnataka.—(i) For the word
1[(1)] Every award under this Part shall be in writing signed by the Judge, and shall specify the amount awarded under clause first of sub-section (1) of section 23, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts.
2[(2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of section 2, clause (2) and section 2, clause (9), respectively, of the Code of Civil Procedure, 1908 (5 of 1908).]
State Amendment
Karnataka.—In section 26, in sub-section (2), after the words figures and brackets “the Code of Civil Procedure, 1908 (5 of 1908)”, insert the words “and the provisions of the said Code relating t
(1) Every such award shall also state the amount of costs incurred in the proceedings under this Part, and by what persons and in what proportions they are to be paid.
(2) When the award of the Collector is not upheld, the costs shall ordinarily be paid by the Collector, unless the Court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector’s costs.
State Amendments
Gujarat.—Same as that of Maharashtra.
[Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 15-8-1965)].
Karnataka.—In section 27,—
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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 2[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:
3[Provided that the award of the Court may also direct that where such excess or any part thereof is paid into Court after the date of expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum 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 thereof which has not been paid into Court before the date of such expiry.]
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Section 28 of the Land Acquisition Act, 1894, addresses the issue of interest on compensation awarded to landowners when their land is acquired by the government. This section is crucial for ensuring that landowners receive fair compensation for their property, particularly in cases where the compensation awarded by the Collector is deemed insufficient.
Section 28 allows the court to direct the Collector to pay interest on the excess compensation awarded by the court over what was initially awarded by the Collector. The interest is calculated from the date of possession of the land until the payment of the excess amount into court.
The scope of Section 28 extends to all cases where land is acquired under the Act, ensuring that landowners are compensated fairly and promptly. It emphasizes the importance of timely payment of compensation and the financial burden on landowners due to delays.
There is no specific punishment outlined in Section 28 for non-compliance; however, failure to pay the awarded compensation and interest can lead to legal consequences for the authorities involved.
This commentary highlights the significance of Section 28 in ensuring fair compensation for landowners under the Land Acquisition Act, 1894, and the legal principles that govern its application.
(1) Where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 11, the persons interested in all the other land covered 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, by written application to the Collector 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:
Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy
Legal Comments
"Purpose of 28-A" - Section 28-A is a benevolent provision to re-determine compensation and address inequality among similarly situated landowners - references emphasize fairness and parity in compensation. - [VISWASRAO BHAURAO BHOITE (CHAVAN) VS STATE OF MAHARASHTRA]
"Triggering event" - Provisions of Section 28-A are attracted only when a District Court passes an award in a reference under Section 18; awards by LAO/Collector under Section 11 are typically not covered - but later decisions recognize Collector-based re-determination possible under proper conditions. - [Vishwanath Gopinath Harkad & others VS State of Maharashtra & another]
"Limitation clock" - The period for filing under Section 28-A runs from the date of the relevant award; the date the award was passed (and in some rulings, the date of disposal of the reference) determines start of limitation; day of award is excluded in calculating three-month window. - [Popat Bahiru Govardhane VS Special Land Acquisition Officer], [Yudhvir Singh VS Land Acquisition Collector]
"Three-month limit" - An application under Section 28-A must be filed within three months from the date of the award; delays cannot be condoned by LAO or Reference Court in general; legislative intent is strict on timing. - [State of Goa, Through Chief Secretary, Secretariat VS Joaquim Antonio Filomeno Jose Peres de Britto], [RAJAN GARG VS STATE OF U. P. ]
"Who can file" - Applicants include those aggrieved by an award; even successors/ legal heirs and other co-owners can pursue under 28-A if they are eligible and similarly situated; protests or lack thereof may still permit eligibility. - [Rajinder Singh VS Land Acquisition Collector (New Delhi)], [LALITA DEVI VS LAND ACQUISITION COLLECTOR]
"Crown/State or private party context" - Courts have held that Union of India and other government actors cannot unfairly deprive landowners of enhanced compensation; equality and fair compensation principle governs. - [Union of India through the Secretary, Ministry of Defence VS Special Land Acquisition Collector-cum-Sub Divisional Magistrate]
"Averaging across similar lands" - When similar lands within the same notification receive different market values, 28-A aims to prevent such disparities by re-determining compensation for those similarly situated; equal protection concerns apply. - [North West Karnataka Road Transport Corporation VS Asst. Commissioner & Special Land Acquisition Officer, Dharwad]
"Remand and natural justice" - If an order under 28-A is challenged for violations of natural justice (e.g., lack of hearing), courts remand to the Collector to comply with principles of natural justice. - [Devidas S/o. Kawdu Channe VS State of Maharashtra, through its Secretary, Department of Irrigation]
"Proviso and computation" - The proviso to 28-A(1) requires excluding the date of award and time to obtain copies when computing the three-month period; practical computation matters are crucial. - [Vishav Bandhu Gupta VS State Of Haryana], [Sannabasappa Angadi VS Deputy Commissioner, District Administrative Bhavana, Koppal District, Kappal]
"Prohibition on retroactivity" - Section 28-A does not have retroactive application to awards prior to its enactment; petitioners cannot rely on pre-28-A awards to seek redetermination. - [P. Nageswara Rao VS Government of A. P. ]
"Judicial merger doctrine" - Doctrines of merger and parity: awards of higher courts (HC/Supreme Court) may necessitate re-determination to align with newer rates; second 28-A petitions may be entertained after merger events in certain cases. - [Andanayya VS Deputy Chief Engineer]
"Proprietary jurisdiction of Collector" - Collector/LAO acts in a quasi-judicial, administrative role; the collector’s eligibility to entertain 28-A petitions is subject to statutory constraints and limitations; writs can challenge improper withholding or erroneous orders. - [ARJUN SINGH VS LAND ACQUISITION COLLECTOR], [TAPA NATH VS SPECIAL LAND ACQUISITION OFFICER]
"Redetermination for structures vs land" - Applications under 28-A for compensation must relate to land and not to separate properties (e.g., structures) unless the notified land and accompanying land are covered within the same Court-approved notification; otherwise not permissible. - [Palle Pitchi Reddy VS Special Deputy Collector]
"Merger effect on subsequent applications" - If an award is superseded by a higher award (e.g., HC/SC), a second 28-A application remains maintainable for the newly awarded basis to ensure parity among similarly situated landowners. - [Andanayya VS Deputy Chief Engineer]
"When no reference filed" - If a claimant did not file a reference under Section 18, 28-A may still be available if the claimant is eligible and the award qualifies; however, the timing rules and eligibility must be carefully evaluated. - [BINDESHWARI PRASAD VS STATE OF U. P. ]
"Protest not a prerequisite" - A landowner who accepted an award without protest can still be a "person aggrieved" for purposes of Section 28-A, enabling a fresh application for redetermination. - [LALITA DEVI VS LAND ACQUISITION COLLECTOR]
"Effect of diligence in filing" - Courts have favored attempts to ensure timely redetermination and have cautioned against dilatory tactics; delays are often not condoned, and petitions are dismissed if time-barred. - [RAJAN GARG VS STATE OF U. P. ]
"Non-retrospective duration for Special Authorities" - Provisions clarifying that Collector is not a Court for Limitation Act purposes; nonetheless, Section 5 of the Limitation Act is generally not applicable to Collector proceedings under 28-A. - [GANESH PRASAD VS SPECIAL LAND ACQUISITION OFFICER IRRIGATION ALLAHABAD ], [ARJUN SINGH VS LAND ACQUISITION COLLECTOR]
"Co-ownership and execution" - In some cases, execution petitions cannot compel enhanced compensation; jurisdiction for 28-A lies with the Collector, and executors may be barred if no decree exists for execution. - [Sardar Gurdial Singh VS Union Of India (Uoi)]
"Judicial acknowledgment of 28-A's reach" - Courts repeatedly acknowledge that Section 28-A serves to ensure parity by allowing re-determination based on more favorable or newer awards, subject to strict procedural requirements. - [Mukko VS Union Of India]
"Interplay with other Acts" - When other Acts are involved (e.g., MRTP, urban development acts), 28-A’s application may be modified or remanded to ensure consistency with proceedings under those statutes. - [Sadashiv Mangalya Pagade VS Principal Secretary Urban Development Department], [Devidas S/o. Kawdu Channe VS State of Maharashtra, through its Secretary, Department of Irrigation]
Note: The above bullet points summarize core themes and holdings drawn from the listed sources about Section 28-A of the Land Acquisition Act, 1894, including limitation, eligibility, and remedial purposes. Where a source does not provide a distinct point, no entry is added for that point.
Where there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.
When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof, is payable, the Collector may refer such dispute to the decision of the Court.
State amendment
Karnataka.—In section 30, for the word “Collector”, substitute the words “Deputy Commissioner”.
[Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
Section 30A
Karnataka.—(i) After section 30, insert the following section, namely:—
“30A. Apportionment of compensation.—(1) Where there are several persons interested in the amount of compensation, the
(1) On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section.
(2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted:
Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:
Provided also that no person who has receive
(1) If any money shall be deposited in Court under sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Court shall—
(a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited, was held, or
(b) if such purchase cannot be effected forthwith, then in such Government or other approved securities as the Court shall think fit;
and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said lan
When any money shall have been deposited in Court under this Act for any cause other than that mentioned in the last preceding section, the Court may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as it may consider will give the parties interested therein the same benefit therefrom as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be.
State Amendment
West Bengal.—In section 33, for the words “last preceding section”, substitute the words “section 12”.
[Vide West Bengal Act 24 of
When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of 2[nine per centum] per annum from the time of so taking possession until it shall have been so paid or deposited:
3[Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.]
State Amendment
Tamil Nadu.—In section 34, add the following Proviso namely:—
&n
(1) Subject to the provisions of Part VII of this Act, whenever it appears to the 1[appropriate Government] that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from commencement of such occupation.
(2) The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof, for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively.
&nb
(1) On payment of such compensation, or on executing such agreement, or on making a reference under section 35, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.
(2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein:
Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the 1[appropriate Government] shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or for
In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to, the decision of the Court.
State Amendment
Karnataka.—In section 37,—
(i) for the word “Collector”, wherever it occurs, substitute the words “Deputy Commissioner”.
[Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)].
(ii) After section 37, insert the following section, namely:—
“37A. Temporary occupation in urgent cases.—(1) Notwithstanding anything contained in section 35, whenever it appears to the Deputy Commi
[Rep. by the Land Acquisition (Amendment) Act, 1984 (68 of 1984), sec. 21 (w.e.f. 24-9-1984).]
An industrial concern, ordinarily employing not less than one hundred workmen owned by an individual or by an association of individuals and not being a Company, desiring to acquire land for the erection of dwelling-houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, so far as concerns the acquisition of such land, be deemed to be a Company for the purposes of this Part, and the references to Company in 2[sections 4, 5A, 6, 7 and 50] shall be interpreted as references also to such concern.]
—————
1. Ins. by Act 16 of 1933, sec. 6.
2. Subs. by Act 68 of 1984, sec. 22, for “sections 5A, 6,7, 17 and 50” (w.e.f. 24-9-1984).
The provisions of 2[sections 6 to 16 (both inclusive) and sections 18 to 37 (both inclusive)] shall not be put in force in order to acquire land for any company, 3[under this part], unless with the previous consent of the 1[appropriate Government], nor unless the Company shall have executed the agreement hereinafter mentioned.
State Amendments
Gujarat.—In section 39, for the figure “6”, after the word “sections”, substitute the figure “4”.
[Vide Gujarat Act 20 of 1965, sec. 18 (w.e.f. 15-8-1965)].
Uttar Pradesh.—Section 39 is re-numbered as sub-section (1) of that section and add the following sub-section:—
“(2) In cases of acquisition of land for societies registered under the Societies Registr
(1) Such consent shall not be given unless the 1[appropriate Government] be satisfied, 2[either on the report of the Collector under section 5A, sub-section (2), or] by an enquiry held as hereinafter provided,—
3[(a) that the purpose of the acquisition is to obtain land for the erection of dwelling-houses for workmen employed by the Company or for the provision of amenities directly connected therewith, or]
4[(aa) that such acquisition is needed for the construction of some building or work for a Company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, or]
5[(b) that such acquisition is needed for the construction of some work* and that such work is likely to prove useful to the public.]
&nbs
1[***]If the 2[appropriate Government] is satisfied 3[after considering the report, if any, of the Collector under section 5A, sub-section (2), or on the report of the officer making an inquiry under section 40] that the 4[proposed acquisition is for any of the purposes referred to in clause (a) or clause (aa) or clause (b) of sub-section (1) of section 40], it shall require 5[***] the Company to enter into an agreement 6[with the 2[appropriate Government]], providing to the satisfaction of the 2[appropriate Government] for the following matters, namely:—
(1) the 7[payment to the 2[appropriate Government]] of the cost of the acquisition;
(2) the transfer, on such payment, of the land to the Company;
(3) the term on which the land shall be held by the Company;
&n
Every such agreement shall, as soon as may be after its execution, 1[***] be published in the Official Gazette, and thereupon (so far as regards the terms on which the public shall be entitled to use the work) have the same effect as if it had formed part of this Act.
—————
1. The words “in the Gazette of India, and also” omitted by A.O. 1937.
The provisions of sections 39 to 42, both inclusive, shall not apply and the corresponding sections of the 1Land Acquisition Act, 1870 (10 of 1870), shall be deemed never to have applied, to the acquisition of land of any Railway or other Company, for the purposes of which, 2[under any agreement with such Company, the Secretary of State for India in Council, the Secretary of State, 3[The Central Government or any State Government] is or was bound to provide land.]
—————
1. Rep. by this Act.
2. Subs. by the A.O. 1937, for certain words.
3. Subs. by the A.O. 1948, for “or any Government in British India”.
In the case of the acquisition of land for the purposes of a Railway Company, the existence of such an agreement as is mentioned in section 43 may be proved by the production of a printed copy thereof purporting to be printed by order of Government.
No Company for which any land is acquired under this Part shall be entitled to transfer the said land or any part thereof by sale, mortgage, gift, lease or otherwise except with the previous sanction of the appropriate Government.
—————
1. Ins. by Act 31 of 1962, sec. 5 (w.e.f. 12-9-1962).
Notwithstanding anything contained in the Act, no land shall be acquired under this Part, except for the purpose mentioned in clause (a) of sub-section (1) of section 40, for a private company which is not a Government company.
Explanation—“Private company” and “Government company” shall have the meanings respectively assigned to them in the Companies Act, 1956 (1 of 1956).]
(1) Service of any notice under this Act shall be made by delivering or tendering a copy thereof signed in the case of a notice under section 4, by the officer therein mentioned, and in the case of any other notice, by an order of the Collector or the Judge.
(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.
(3) When such person cannot be found , the service may be made on any adult male member of his family residing with him; and if no such adult male member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house, and also in some conspicuous pa
Whoever wilfully obstructs any person in doing any of the acts authorised by section 4 or section 8 or wilfully fills up, destroys, damages or displaces any trench or mark made under section 4, shall, on conviction before a Magistrate, be liable to imprisonment for any term not exceeding one month, or to fine not exceeding 1[five hundred rupees], or to both.
State Amendments
Gujarat.—Same as that of Maharashtra.
[Vide Gujarat Act 20 of 1965, sec. 2 and Sch. (w.e.f. 17-8-1965)].
Karnataka.—(i) In section 46, for the words and figure “or section 8”, substituted the words, figures, etc. “sub-section (1A) of section 6 or section 35”; and
(ii) for the words “under section 4”, substitute the words “under secti
If the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and, if not a Magistrate, he shall apply to a Magistrate or (within the towns of Calcutta, Madras and Bombay) to the Commissioner of Police and such Magistrate or the Commissioner (as the case may be) shall enforce the surrender of the land to the Collector.
State Amendment
Karnataka.—In section 47,—
(i) for the word “Collector”, substitute the words “Deputy Commissioner”.
[Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-3-1961)].
(ii) for the words “a Magistrate”, substitute the words “an Executive Magistrate”.
&n
(1) Except in the case provided for in section 36, the Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.
(2) Whenever the Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.
(3) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the compensation payable under this section.
State Amendments
Maharashtra.—In sec
(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired:
Provided that the owner may, at any time before the Collector has made his award under section 11, by notice in writing, withdraw or modify, his expressed desire that the whole of such house, manufactory or building shall be so acquired:
Provided also that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Court and shall not take possession of such land until after the question has been determined.<
(1) Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Company, the charges of any incidental to such acquisition shall be defrayed from or by such fund or Company.
(2) In any proceeding held before a Collector or Court in such cases the local authority or Company concerned may appear and adduce evidence for the purpose of determining the amount of compensation:
Provided that no such local authority or Company shall be entitled to demand a reference under section 18.
State Amendments
Gujarat.—In section 50, in sub-section (2), for the words “may appear and adduce evidence”, substitute the words “shall be called upon to appear and adduce evid
No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
In any proceeding under this Act, a certified copy of a document registered under the Registration Act, 1908 (16 of 1908), including a copy given under section 57 of that Act, may be accepted as evidence of the transaction recorded in such document.]
—————
1. Ins. by Act 68 of 1984, sec. 27 (w.e.f. 24-9-1984).
No suit or other proceeding shall be commenced or prosecuted against any person for anything done in pursuance of this Act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amends.
Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the 1[Code of Civil Procedure, 1908 (5 of 1908)] shall apply to all proceedings before the Court under this Act.
—————
1. Subs. by Act 68 of 1984, sec. 28, for “Code of Civil Procedure, 1882 (14 of 1882)”.
Subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this Act to the High Court from the award, or from any part of the award, of the Court and from any decree of the High Court passed on such appeal as aforesaid an appeal shall lie to the 2[Supreme Court] subject to the provisions contained in section 110 of the Code of Civil Procedure, 1908, and in Order XLIV thereof.]
State Amendment
Karnataka.—For section 54, substitute the following section, namely:—
54. Appeals in proceedings before Court.—(1) Subject to the provisions of the Code of Civil Procedure, 1908, applicabl
Section 54 of the Land Acquisition Act, 1894 is a pivotal provision governing the adjudication and appellate relief regarding compensation for acquired land. It grants the aggrieved parties ("persons interested") the right to appeal against the award of compensation to the High Court (or designated courts under Letters Patent or specific State laws). The essence of this section lies in achieving "just compensation" by considering all relevant circumstances, including market rates, potentialities of the land, and statutory benefits like interest and solatium. However, this power is equitable and often balanced against limitations regarding time, jurisdiction, and the finality of previous awards.
Section 54 mandates that an appeal shall lie against any order or judgment regarding compensation.- Jurisdiction: The primary appellate authority is the High Court. However, in several States (e.g., Karnataka, Andhra Pradesh), the Law Suits Act or Letters Patent empower the District Judge or Additional District Judge to hear first appeals, depending on the value of the subject matter.- Content: The appeal covers enhancement or reduction of compensation awarded by the Collector or the Reference Court.- Procedure: The appellant must file a petition within the prescribed period of limitation, usually six months from the date of the notification making the award.- Outcome: The appellate court has the power to confirm, modify, or enhance the compensation amount based on the evidence and market realities.
Based on the provided sources and judicial precedents, the following ingredients establish the validity of a claim under Section 54:
The scope of Section 54 is broad, allowing for comprehensive reassessment of compensation:- Enhancement Power: Courts frequently enhance compensation when the initial award is found to be meager compared to market rates or previous judgments in similar circumstances. [State Of Bihar VS Bharath Mahto]; [Cauvery Neeravari Nigam Limited, Bangalore VS Giriyappa]- Price Escalation: Courts are mandated to consider price escalation clauses and the rise in land value over time between the acquisition notification and the award date. [SALAHA BEGAUM VS SPECIAL LAND ACQUISITION OFFICER ETC. ]; [Sarswati Rohal VS Land Acquisition Collector]- Tree Compensation: Specific statutory compensation is awarded for standing timber, fruit-bearing trees (e.g., pomegranate, lime), acknowledging labor and commercial value. [K. Subbarayudu VS Special Deputy Collector (Land Acquisition)]- Judicial Notice: Courts take judicial notice of the fact that villagers are often illiterate or guided by co-villagers, applying a liberal approach to procedural delays if no malice is shown. [Waheed Patel S/o Kasheem Patel VS Chief Engineer, ID, IP Zone, Gulbarga]- Distinction from Other Acts: While Section 54 parallels appeal provisions in Family Courts, the jurisdiction and grounds for appeal are distinct and specific to land acquisition. [Binod Thakur VS State of Bihar]- Modification of Awards: Appellate courts can modify awards where the Reference Court mechanically applied rates from other villages without recording reasons or distinctions. [STATE OF U. P. VS ISHWARI PRASAD]; [STATE OF U. P. COLLECTOR, LKO. VS RADHEY LAL]- Discrimination Prohibition: Similarly situated landowners under the same notification cannot receive discriminatory compensation merely due to procedural delay by one party. [Waheed Patel S/o Kasheem Patel VS Chief Engineer, ID, IP Zone, Gulbarga]- Finality of Decrees: Once an award becomes final, it cannot be amended under the guise of a mere arithmetical mistake without substantive review. [State of Bihar VS Nilmani Sahu]- Leave to Appeal: In cases where the beneficiary is adversely affected by a government-enhanced award, the beneficiary can file an appeal if the government did not contest it. [DASTAGIR SAB S/O NANHE BUDEN SAB VS KARNATAKA NEERAVARI NIGAMA LTD. ]- Dismissal Grounds: Appeals are dismissed if the lower court's findings are reasonable, non-perverse, and supported by evidence, or if no distinguishing features exist from previous similar cases. [State of Maharashtra VS Kathod Hasu Patil]; [Land Acquisition Officer, (Mandal Revenue Officer) Kammarpally VS Patem Ammayee W/o. Narsimlu]
Section 54 itself does not prescribe specific punishments for filing an appeal; rather, penalties arise from procedural defaults or legal violations associated with the appellate process:- Dismissal for Delay: Failure to file within the limitation period leads to the dismissal of the appeal, with no penalty beyond the loss of rights, unless the court condones the delay. [0STATE OF U. P. COLLECTOR, LKO. VS RADHEY LAL]; [LAND ACQUISITION OFFICER AND ASSISTANTCOMMISSIONER, BELGAUM VS RAMACHANDRA YALLAPPA GAVADE ALIAS PATIL]- Denial of Interest: If condonation of delay is granted, the appellant may be explicitly barred from claiming interest or compensation for the period of delay. [Waheed Patel S/o Kasheem Patel VS Chief Engineer, ID, IP Zone, Gulbarga]; [K. Subbarayudu VS Special Deputy Collector (Land Acquisition)]- Loss of Statutory Benefits: Delays in filing appeals can result in the loss of entitlement to statutory solatium and interest, though the principal enhanced amount may still be granted. [KANWAR SINGH VS UNION OF INDIA]; [KALI RAM VS UOI]- Rejection of Malafide Appeals: While not a criminal punishment, appeals motivated by discrimination or refusal to condone genuine delays without sufficient cause result in the application being rejected outright. [STATE OF U. P. VS SHIV RAJ SHARMA]- Jurisdictional Defaults: Filing in the wrong forum (e.g., District Judge vs. High Court) due to misreading jurisdictional limits renders the appeal liable to be quashed. [Dhananjay Mahato VS State Of Bihar]; [DASTAGIR SAB S/O NANHE BUDEN SAB VS KARNATAKA NEERAVARI NIGAMA LTD. ]
(1) The 1[appropriate Government] shall 2[***] have power to make rules consistent with this Act for the guidance of officers in all matters connected with its enforcement, and may from time to time alter and add to the rules so made:
3[Provided that the power to make rules for carrying out the purposes of Part VII of this Act shall be exercisable by the Central Government and such rules may be made for the guidance of the State Governments and the officers of the Central Government and of the State Governments:
Provided further that every such rule made by the Central Government shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, 4[before the expiry of the session immedi
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