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............................................................................................................................. Description Land acquisition is now a hotly debated topic raising a spectrum of controversial issues relevant for different stages of the acquisition process. The question of 'public purpose' has erupted many a agitation while the procedure adopted leaves enough scope for judicial intervention. The matters determining compensation and entitlement to solatium are quite often unable to satiate the rising expectation of people affected. Disputes as to apportionment have mounted up depending upon newer complex relations in evolving land tenure system in our country. The second edition of the book covers matters surfacing in the course of the intervening period from late 1998 till the end of 2006, mining almost all the case-laws of this long span of time. It has highlighted all the critical clarifications made by the Constitution Bench of the Apex Court on the subject: as for instance, the aspect of interest to be awarded on solatium [s. 23(2)]; additional amount [under s. 23(1-A)] and also pronouncements on other law points on which conflicting decisions of the Apex Court spoilt the broth. The author has meticulously reviewed each and every case-law of the earlier edition avoiding repetition and trimming those over-shadowed by new decisions. The present edition is thus a re-investiture in all senses after removal of all rust that gathered in the meantime. The index of the revised second edition has also been very carefully prepared keeping in mind the need of the readers. All Acts, Rules and Manuals dealt in the present edition have also found inclusion in the index for identification of important provisions. All the relevant topics may be conveniently traced and consulted as per requirement of the users. The author hopes, that the new edition will be an indispensable guide to all members of the bench and the bar as well as the general readers. ............................................................................................................................. Contents The Land Acquisition Act, 1894 Part I - Preliminary Section 1. Short title, extent and commencement Section 2. Repealed Section 3. Definitions Part II - Acquisition Section 4. Publication of preliminary notification and powers of officers thereupon Section 5. Payment of damage Section 5A. Hearing of objections Section 6. Declaration that land is required for a public purpose Section 7. After declaration, Collector to take order for acquisition Section 8. Land to be marked out, measured and planned Section 9. Notice to persons interested Section 10. Power to require and enforce the making of statements as to names and interests Section 11. Enquiry and award by Collector Section 11A.Period within which an award shall be made Section 12. Award of Collector when to be final Section 13. Adjournment of enquiry Section 13A.Correction of clerical errors, etc. Section 14. Power to summon and enforce attendance of witnesses and production of documents Section 15. Matters to be considered and neglected Section 15A.Power to call for records, etc. Section 16. Power to take position Section 17. Special powers in cases of urgency Part III - Reference to Court and Procedure thereon Section 18. Reference to court Section 19. Collector’s statement to the court Section 20. Service of notice Section 21. Restriction on scope of proceedings Section 22. Proceedings to be in open court Section 23. Matters to be considered in determining compensation Section 24. Matters to be neglected in determining compensation Section 25. Amount of compensation awarded by court not to be lower than the amount awarded by the collector Section 26. Form of awards Section 27. Costs Section 28. Collector may be directed to pay interest on excess compensation Section 28A.Redetermination of the amount of compensation on the basis of the award of the court Part IV - Apportionment of Compensation Section 29. Particulars of apportionment to be specified Section 30. Dispute as to apportionment Part V - Payment Section 31. Payment of compensation or deposit of same in court Section 32. Investment of money deposited in respect of lands belonging to persons incompetent to alienate Section 33. Investment money deposited in other cases Section 34. Payment of interest Part VI - Temporary Occupation of Land Section 35. Temporary occupation of waste or arable land, procedure when difference as to compensation exists Section 36. Power to enter and take possession, and compensation on restoration Section 37. Difference as to condition of land Part VII - Acquisition of Land for Companies Section 38. Omitted Section 38A.Industrial concern to be deemed a company for certain purposes Section 39. Previous consent of appropriate Government and execution of agreement necessary Section 40. Previous enquiry Section 41. Agreement with appropriate Government Section 42. Publication of agreement Section 43. Sections 39 to 42 not to apply where Government bound by agreement to provide land for Companies Section 44. How agreement with Railway Company may be proved Section 44A.Restriction on transfer, etc. Section 44B.Land not to be acquired under this Part except for certain purpose for private companies other than Government companies Part VIII - Miscellaneous Section 45. Service of notices Section 46. Penalty for obstructing acquisition of land Section 47. Magistrate to enforce surrender Section 48. Completion of acquisition not compulsory, but compensation to be awarded when not completed Section 49. Acquisition of part of house or building Section 50. Acquisition of land at cost of a local authority or company Section 51. Exemption from stamp duty and fees Section 51A.Acceptance of certified copy as evidence Section 52. Notice in case of suits for anything done in pursuance of Act Section 53. Code of Civil Procedure to apply to proceedings before court Section 54. Appeals in proceedings before court Section 55. Power to make rules Appendices 1. The Land Acquisition (Amendment) Act, 1984 2. The Land Acquisition (Amendment and Validation) Act, 1967 3. Land Acquisition (Companies) Rules, 1963 4. State Rules 5. The Requisitioning and Acquisition of Immovable Property Act, 1952 6. The Requisitioning and Acquisition of Immovable Property Rules, 1953 7. Forms 8. Land Acquisition Bill, 1998 9. Special Economic Zone Act 2005 (Resume) Index ............................................................................................................................. Author Details P.K. Sarkar, B.Sc, LL.B., Advocate .............................................................................................................................
