Amendment status not verified — confirm the current text below against the official source.
24-9-1914. Iy or tender paymenl for all e as 10 the sufficiency of lhe the decision ofCol1«tor or iall be final. i under section 4. sub-section ose or for a company may. notification). object to the rnay be. the Coll«tor in writing. and 'IC1lrd '[in person or by any ;hall. after hearing all such nks necessary, :[eithcr make ection 4. sub-section (1 J. or •the appropriate govcmmcnt. he record ofthe proceedings he J[appropriate govcmmcn). med to be interested in land lC land were acquired under Ie J[appropriate government) ion SA. sub-section (2). that 1p8J1y. a dcclal'Oltion shall be ~emmcnt or ofsome officer 5 may be made: from time to TIC notification under section :nt reports has or have been Irtieular land covered by a mdAcquisition (Amendment [If 1967). but before the ICndment)AeL 1984. shall be )C dale of the publication of The Land Acquisition ACL 1894 (ii) published after the commencement' ofthe Land Acquisition (Amendment) Act. 1984, shall be made: after the: e:xpiry of one year (rom the dale of the publication of the notifications: Provided funher that no such declaration shall be made: unless the compensation to be awarded for sueh property is to be paid by a company. or wholly or partly out of public revenues or some fund controlled or managed by a local authority,] II ExplanaCion I: In computing any of the periods referred to in the firsl prosivo, the period during which any action or proceeding to be taken in pursuance: of the notification issued under section 4. sub-section (I). is stayed by an order ofa court shall be excluded. Explanation 2: Where the compensation to be awarded for such property is to be paid out ofthe fundsofa corporation owned orcontrolleJ by the State. such compensation shall be decmed 10 be compensation paid out of public revenues.] (2) l[Every decla.-oItion] shall be published in the Official Gazette.' [and in two daily ncwpapers circulating in the locality in which the land is situate ofwhich at least one shall ~ in the n:gionnllangU:l.ge. lind the Collector shall cause public notice ofthe substance ofsuch declaration to be given at convenient places in the said locality (the last ofthe dates ofsuch publicalion and the giving of such public notice. being hereinafter ~ferred to as the date of the publication of the declaration). and such declaration shall state] the district or other territorial division in which the land is situate, the purpose for which it is needed. its approximate area. and. where a plan shall have been made ofthc land. the place where such plan muy be inspected. (3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a company. as the case may be; and. after making such dcx:laration. the .( appropriate govemment] may acquire thc land in a manner hereinafter appearing. COMMENTS Section 6 obliges thott the funds for the acquisition to be paid eithet by the company wholly or panly (rom public revenues. or (rom some funds controlled or managed by local authority. The section however d~ not make deposil ofcompensation a condition p~edent for malting ofa dcclaralion.-l.I. K. PoJmadw v. State ofKerolo. AIR /991 Ker /58. The purpose ofnotification under SectiOl16 is to declare the requirements oflhc land for public purpose. foc the Government or for a company. however. by issuance of notification under Section 6. right of a person in the lund arc not extinguished unless some other proceedings under the ACI arc taken. The effcctofthis notification would be that a declaration is made 10 the effect thai land is needed either for a public purpose or for a company and nothing more. Though such notifications arc nceded and to a limited extent affect rights oflhe owner. but it offers no impediment with the righls ofthe property for keeping that land in his possession. A decision cannot be claimed if he docs not lake steps soon after publication of tbe notification. The persons whose land is being acquired. cun wait before approaching the COUr1 till his tille is extinguished and vcsted in tbe State.- Doll DoI'O/ v. Statf! ofU.P AIR /966 ALL 137: 1965 ALL U 1111 I 24-9-1984. 2 Ins. by Act 61 of 1n4. W.Lf. 24-.,..19&4. J Subs.. by Act tJ 0( 1967. ror ..."ORIs "The \kcl:ataliun~. w.('.r. 12-4·t967. 4 Subs. by ALO t950. ror words ~Pmvinci:ll Gu--.:m,nmC 7 8 The Land AcquisiUoIl Act. 1894 Compulsory acqUIsition and its validity. Once the declaration of existence of the public purpose is made under Section 6. the declaration becomes conclusive by force ofstatue. The only way in \\<hich il can be gel rid of. would be by proving that what in law was regarded as fraud on the power. was played HO'ol.-e\'cr, once acquisition is found to be perfectly valid il would be too wide a proposition to state that the possibility of some land being surplus or unnecessary for the origimll purpose for which ;1 was acquired could operate rctrospeetivcly 10 invalidate the acquisition either fully or in part.• Kif. $rivivasan v Stale ofMyso/T!. AIR 1970 Mys. /85. See a/so Sled Hussain ~, P. WD., /99](1) AL T. 150. Declaration to be issued only after satisfaction ofthc Govcmmcnt-When the Govemmcnt is satisfied aft"r considering the report ifany made under Section 5·A that a particular land was needed for public purpose. only then. the notification under Scction 6 can bc issued. However. there is no principle of law under which a valid compulsory a~uisilion could be declared void on the ground that the authoritydi\erted to a public purpose other than the one stated in declar.uion under Scction 6(3).· ~l1gnlP Thakor,~ Slole 0/ PI/njab. AIR 1968 Dcl. 97 and Gulalll Mu.~lafa \~ Stale of';/aharoshlra 1976(/) sec lJOO: 1976(/) SeR 875: AIR 1977 se 448· /975 UJ (SCi 934. One of t~ co--ov. ners can challenge the a ulsition of the land and the other Co-O'NflCfS may be satisfied With the acquisition and ask for compensation and also for enhancement of the same. Where only co-ownership ofcoparcenery was claimed. however. lhere could be no eoparcenery in the presence ofthe father between the brothers only by excluding the falher. One co--owner may challenge the acquisition whereas the others may be satisfied with such acquisition it 'was clear from the provision ofScction 18 that the person interested in order to enable him to seek the remedy ofreference can do so only ifhe does nOI accept thc a\.\o'ard'or accepting Ihc claim under protcst since once the compensatIon is accepted such person may lose his right ofreference under Section 18.-A~hwaniKumar Dlrillgra v. Slate a/Punjab, AIR 1991 SC 974' 1991(1)JT 353: 1992(2) sec 591: /992(1) UJ ((SO 780,' 1991(lJ SCR 39: 1991(1) Scale 555. 199Z0) Cur. ce 587. Acquisition ofthe land for a comp:lny.The notification v..as ch~l1enged on the ground that consent of Ihe State Government was not obtained and no agleemcnt was cltecuted as required under Section 41. However. there ""'as no material to show lhal there was any violation of Rule 3 or 4. Whe~ the notification under Section 4 and 6 was issued for acquisition for a company and the 1>3mc was challenged on the ground that ncilhcr consent of the State Government was obtained nor the company llccffied to hove executed agreement. it was nevcr stllh,,"d that provisions of Rule) hal'e been contravened In such circumstances it cannot be said that thc~ was no compliance of Rul~ 3 and 4· MI.~ Larsen and Toubro Ltd etc. v. Slale ofGujarat. AIR /998 SC /608. Acquisition ofland and publication ofnotilic3tl0n-Nolilicall0n puhlished in the District Gazelle instead ofOfficial Gazcueasainsl which the objl"Ction raised for the first time before the High Court by raiyats as well as by the Company having no locus standi· The respondent company for which acquisition made already derosiled huge amount towards compen.-.atlon. The acquisition proceedings cannot be quashed on the basis of highly technical objections. The main objection thai the notification under Section 6 has nOI been published in the Official Gazelle and W8S published only in the District Gazette· That the objection being highly technically not allowed to be raised specifically when the same was sought for the first tlll1C in the High Coun.- MIs IHzste Producrs Rf'Claimar Pl·t. LId. \' M/~. Sharar Coking Cool LJd. /993 SlIppl. (2) SCC 358- 1993(/) UJ (SC) 506: 19f13(J) Scale 738' /993 (I) cce 554. Tho La. IIlIerprcl8tion ofprovision ofSection I for acquiSitIon should be paid either by th from some fund controlled or manage compensation and not to time ofdeposil appellant. the words should have been • deposit of compensation is not a conditi! 6.- Lt. K. Ladmadas \'. Slate afKerala. A Polieyofthc State not to acquire ofre just because the propeny belongs to re Shreekshelra v. Collector: Purl, AIR J9S Acquisilion chal1angcd on the groun( the land had escalated· It was however delay and therefore. pendency ofjudicia due to escalation in prices notification h proceedings cannot be made a ground to the notification issued under Section 4~ K(·rala. /997 (3) Supreme 337,