The Land Acquisition Act, 1894 (1 of 1894)

What the Act governs

The Land Acquisition Act, 1894 (Act 1 of 1894) extends to the whole of India except the State of Jammu and Kashmir and came into force on the first day of March 1894. The supplied publication reflects modifications up to the first of September 1985.

The Act governs compulsory land acquisition and related compensation procedures. Its definition of land includes benefits arising from land and things attached to the earth. A person interested includes anyone claiming an interest in the compensation and anyone interested in an easement affecting the land.

Acquisition process

The Land Acquisition Act, 1894 provides a staged process:

• When land is needed or likely to be needed for a public purpose or a company, a notification must be published in the Official Gazette and in two daily newspapers circulating in the locality. At least one newspaper must be in the regional language.
• The Collector must also give public notice of the substance of the notification at convenient places in the locality.
• Interested persons may be heard on objections.
• After a declaration of intended acquisition, the Collector proceeds with the acquisition, marks out, measures and plans the land, and gives notice to interested persons.
• The Collector conducts an enquiry into measurements, value and claims, and makes an award.
• The Act provides for correction of clerical errors, taking possession and special powers in urgent cases.

Compensation and court proceedings

The Land Acquisition Act, 1894 identifies matters to be considered and disregarded when compensation is determined. It also covers references to court, open court proceedings, appeals, payment or court deposit of compensation, apportionment between claimants and disputes about apportionment.

The compensation awarded by a court cannot be lower than the amount awarded by the Collector. The Act also provides for redetermination of compensation based on a court award.

Public purposes and other acquisitions

The Land Acquisition Act, 1894 lists public purposes that include:

• Village sites and town or rural planning.
• Planned development funded under a government scheme or policy.
• Land for a corporation owned or controlled by the State.
• Housing for poor, landless, displaced or disaster affected people.
• Government sponsored educational, housing, health and slum clearance schemes.
• Development schemes and premises for public offices.

Separate provisions address temporary occupation of waste or arable land and acquisition for companies. Company acquisitions may require prior government consent and an agreement. The Act also covers withdrawal before completion, acquisition of part of a house or building, obstruction, surrender of land, stamp duty and evidence.