Amendment status not verified — confirm the current text below against the official source.
Addcd by ALD. 19S0. The Land Al:quisition Ael. 1894 3 • (vi) the provision of land for carying out any educalional, housing. hcalth or society within the meaning of slum clearance scheme sponsored by govcrnment or by any authority itc being in force in any State established by government for carrying out any such scheme, or. with the an 5 I% of the paid up share prior approval of the appropriate government. by a local authority. or a )y any State Government or society registered under the Societies Registration Act. 1860, or under any nt and partly by one or more corresponding law for the time being in force in a State. or a eo-operalive society within the meaning ofany law relating 10 co-opcrative societies for lhe lime being in force in any Statc; oforiginaljurisdiclion unless Is hereby empowered to do) a (vii) the provision of land for any othcr scheme of devclopment sponsored by lmits to perform the functions governmcnt, or, with the prior approval ofthe appropriate government, by a local authority; (viii) the provision of any premises or building for locating a public office. but docs not include acquisition of land for companies;] npanics Act. 1956, other Ihan (gj the following persons shall be deemed persons "cntitled to Rct" as and to the ; (ec); extent hcreinaftcr provided (that is to say) r gistration Act, 1860, or under trustees for other persons beneficially intercsted shall be deemed the persons I force in a State. other than a entitled to act with reference to any such case.. and that to the same extent as the persons beneficially interested could have acted iffrce from disability; iing of any law relating to a married woman, in cases to which the English law is applicable. shall be deemed force in any State, other than a the person so entitled to act. and. ",nether of full age or not. 10 the same extent as oj;] if she were unmarried and offull age; and I it relation to acquisition ofland the guardians ofminors and the committees or managcrs oflunatics or idiots shall ~cmmcnL and, in relation to be deemed respcrtively the persons so entitled to act. to the same extent as the ite Government:] minors. lunatics. or idiots tbemsel\'es. If free from disability. could have actl;(i, Provided that sion. planned dc',dopmen! or (i) no person shall be deemed ~enlllied to act" whose mterests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be ad\'erse to the interest of the person interested for whom he ....ould omg; otherwise be entitled to act: ~nt orland from public funds in (ii) in every such case the person interested may appear by a next friend. or. in nmen! and subsequent disposal default of his appearance by a next friend, the Collector or Court. as the nment or outright sale with the case may be, shall appoint a guardian for the case to act on his behalfin the planned; conduct thereof; IlCd or controlled by the State; I (iii) the prOVisions of '[Order XXXI ofthe First Schedule to the Code ofCivil scs 10 the poor or landless or to Procudure. 1908J shall. mutatis mutandis, apply in the case of persons tural calamities, or 10 persons interested appearing before a Collector or Court by next friend. or by a 'mplcmcnt3lion of any scheme guardian for the case. in proceedings under this Act and orilY or a corporation owned or • Sub. by ACI 68 of 19&4. w.e.r. 24·9-19S4. 4 Th~ Land Acquisition ACI, 1894 (iv) no person "entitled 10 aCI" shall be competent to receive the compensation-money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase money on a voluntary sale. COMMENTS The dcfination ofland includes fishery rights and things attached to the earth.- AIR 1990 P&H 326 : 1990 (I) Land LR 526: 1989 (1) LLR 634. Even under the Transfer ofPropcrty Act. the expression 'land' includes building, standing trees and crops.- AIR 1940 Sind 58 Consequence of non-compliance of certain provisions of the Act, may not nullify the acquisition. Where the provisions ofSections 3(a), 9(2), II, 13. 15-A and 23 were alleged to have been breached. it was found that the only substantive provisions which were alleged to ha....c been violated was section IIA, the entire acquisition proceeding will lapse, but the relevant facts attracting that provision not placed on record if the award is not made: within time i.c. within 2 yean as required under Section II-A. the acquisition proceedings would • lapse. Period of two rs is to be calculated from the date of publication of declaration. Since in the prescnt petition, no substantive provision was violative. the Acquisition could not be quashed.-Ram Jiyawan v. Slate ofU.P AIR 1994 All 38. Acquisition offire-Wood is to be: separately assessed. While computing compensation for the land acquired, compensation for the acquired land is payable a~ to the value of the land. While computing compensation for fire-wood;t is to be separately assessed. While awarding compensation for fruit-bearing tree~. it is to be assessed along with the land.- State of Haryana v.Gurcharan Singh, AIR 1996 SC 106: 1995 (I) W (SC) 510: 1995 (1) JT 345. Payment ofSolution for acquisition ofland cannot fonn part ofmarket value-Paymcnt of additional amount of 15% though forms part oflhe amount of compensation because under Section 23. the compensation is to consist what is provided for in sub-section (I) and the additional amount of 15% on the market value ofthe land acquired, but the compensation and markcl, valuc are distinct expressions and have been used as such in the acquisition oftbe Act and therefore, it cannot be contended that thc solatium falls the expression "Iand" within the meaning ofScction 3(a) ofAct. In a well known decision ofPrivy Council in Raja Vyrigherla Narayana Gajapalirajll v Rpwmue Divisional Officer. Vi=aKoparam. AIR 1939 PC 98, it was laid down tkat the market value is the pricc which a willing vendor might reason.'1blc expect to obtain from a willing purehaser. DisinClination ofthe vendor to part with the land and urgent necessity of the purchaser to buy must alike be disregarded and both must be: treatcd as persons dealing in the matter ofarms length and without compulsion. The key 10 the meaning ofword "compensation" is to be found in Section 23(1) and that conliists (a) "market value of the land" (b) sum of 1$% on such market ....alue which is stated to be the compensation for compulsory nature ofacquisition. Market value is therefore, only one of the components in the detcrmination of amount of compensation. View of the HIgh Court that rrorkct value under Section 4(3) ofAmending Act means the same thing as compensation and includes the amount 15% under Section 23(2) not acccptcd- Union ofIndia v. Ram Mehar. AIR 1973 SC 305, /973(1) SCR 710: 1973 (I) SCC 109. Under the la'll co-operative sod question is being Sueh person or tb compensation is defend or defenc VItiated by fraud. wnl petlt;on a~ disciplinary enqu sec 821. Ow!r (Land Acqltisitio