Let’s understand, what is Land Acquisition?? MCGM / PWD / MMRDA / CIDCO etc. governmental bodies who require lands for public purpose. In context of land acquisition, those authorities are referred to as “Acquiring Bodies”; while at the behest of the Government, the District Collector is appointed as Land Acquisition Collector u/s 3(c) of Land Acquisition Act, 1894 (“the Act”). In context of land acquisition, those authorities are referred to as “Acquiring Authority”. Most of the times, the powers of Collector are further delegated to a “Special Land Acquisition Officer” who is normally an officer of the rank of a Deputy Collector. Acquiring Bodies never acquire any land. A land is acquired by Acquiring Authorities and then handed over by them to the Acquiring Bodies. Main steps in the land acquisition process includes publication of Notification u/s 4 of the Act disclosing Government’s intention to acquire a land for public purpose, Report of Collector to the Government u/s 5(A) of the Act about feasibility of acquisition of that notified land, after approval of the Report u/s 5(A) of the Act by the Government, publication of Notification u/s 6 of the Act confirming Government’s intention to acquire the land earlier notified u/s 4 of the Act. Further, the Collector serves a Notice u/s 9(3)(4) of the Act to the “persons interested” with respect to the notified land and allows him / them to put forward his / their grievances pertaining to the apportionment of area of the notified land and the amount of compensation offered by the Government. Further, an Award u/s 11 of the Act is declared which is said to be final and conclusive and pertaining to the errors in that Award, the “person/s interested” should file his / their objection/s within six months from the date of declaration of the Award. Further, u/s 12 of the Act, the Collector notifies the “person/s interested” pertaining to declaration of the Award and then takes over possession of that land by executing a Possession Receipt in respect of Government having taken over that acquired land and only on which, such acquired is deemed to have been vested in the Government. Unless, a land is duly acquired under Land Acquisition Act, 1894 and unless an Award is passed u/s 11 of the Act, there is no acquisition and unless possession of such acquired land is not taken over u/s 16 of the Act, such land can not be said to have been vested in the Government.
Posted on: Sun, 14 Jul 2013 19:12:33 +0000
Trending Topics
Recently Viewed Topics
© 2015