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LAND ACQUISITION
O bjectives
Introduction
Definition
Legal basis
Governing law
Purpose
Procedure
Compensation
Challenging
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A t the end of the lectures students should acquire theseabilities:
To discuss the legal basis
To analyse the purpose
To examine the procedure
To explain the assessment of market value
To evaluate the validity
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Chiranjit Lal v. Union of India AIR 1951 SC 41
Acquisition means the acquiring of the entiretitle of the expropriated owner, whatever the
nature or extent of that title may be. The entirebundle of rights which were vested in the original holder would pass on acquisition to the acquirer
leaving nothing to the former. A t page 51
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Citizens view
strictly contrary to freedom of property in capitalist society.
Role/function of government welfare of society whereland is required to carry out this function land acquisition becomes necessary.
States view
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Legal Principle
Solus populi suprema lex
the public interest is paramount and that private interestmay in certain circumstances be subordinated to the higherinterest of the public.
Doctrine of eminent domain S tate of Bihar v. Kameshirar S ingh
Yeap S eak Pen v. Government of Kelantan
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Legal Principle
The exercise of such power has been recognised in the jurisprudence of all civilised countries as conditioned by public necessity and payment of compensation.
Y eap Seak Pen v. Government of Kelantan
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F ederal Constitution (Article 13)
Legal Principle
a. No person shall be deprived of property save inaccordance with law.
b. No law shall provide for compulsory acquisition or use
of property without adequate compensation.
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Ch aranjit Lal v. Union of India
Legal Principle
It is a right of every sovereign to take and appropriate private property belonging to individual citizens for publicuse. This right which is described as eminent domain in American law, is like the power of taxation, an offspring of
political necessity and it is supposed to be based upon animplied reservation by government that property acquired by its citizens under its protection may be taken or its useis controlled for public benefit irrespective of the wishes of the owner. BK Mukherjee J .
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Federal Constitution
National Land Code 1965
Land Acquisition Act 1960 (Rev. 1965)
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Public Purpose
S yed Omar al- S agoff & Anor v. Government of the S tate of Johore [1979] 1 MLJ 49
Pu rpose
Kulaisingam & Anor v. Commissioner of Lands, Federal Territory & Anor [1982] 1 MLJ 204
Yeap S eok Pen v. Government of S tate of Kelantan [1982] 2 MLJ 202S tamford Holdings S dn. Bhd. V. Kerajaan Negeri Johor & 4 Ors. [1995] 2 AMR 1138
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Section 3 Land Acquisition Act 1960
More cases on Public Purpose
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1. Declarations of A cquisition(sections 4,5 & 6 - Forms A & B)
PROCEDURE
2. Enquiry (section 9 - Form E )
3 . A ward (sections 14 & 16 - Forms G & H )
4. Taking Possession (section 22 - Form K)
5. Payment (section 29 )
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Note : Importance of Procedure
6. Reference to Court (section 36, 37, 38 43 )
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PROCEDURE
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Importance of Procedure
Article 13(1):
No person can be deprived of property except in accordance with law.
Goh S eng Peow & S ons Realty v. CLR WP [1986] 2 MLJ
395
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PROCEDURE
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1. Declarations of AcquisitionSection 4 - F orm A
Preliminary Declaration (Declaration of Intention
It enables the State A uthority to enter land and carry out investigation/inspection, survey, soil test, etc.
Section 5 - F orm B
State A uthority prepares Schedule of land affected by the intended acquisition exercise.
Section 7 -F
orm C
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PROCEDURE
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1. Declarations of Acquisition
Section 8 - F orm D
Declaration of A cquisition
If investigation proves site suitable for purpose of acquisition then State A uthority issues Declaration of A cquisition in Form D
Period between Form A and Form B 12 months
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PROCEDURE
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Significant of F orm D
Market Value:
Notice of RDT:
o Form D is issued within 6 months of Form A market value as at date of Form A Form D is issued after 6 months of Form A market
value as date of Form D
Notice of acquisition endorse in RDT on date of Form D
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PROCEDURE
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Significant of F orm D
A ward
A cquisition exercise lapses:
within 2 years of Form D otherwise the declaration
under section 4 lapses.
Form D is issued after 12 months of Form A A cquisitionlapses.
A ward not paid within 2 years of Form DConclusive Evidence [s. 8 (3 )] :
Purpose of acquisition permits by the A ct
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2 . Enquiry
PROCEDURE
Purposes :To investigate interested parties and their status withrespect to the land.To hear claims or objectionsTo determine value of land prepare valuation reportTo make awards
Section 11 - F orm F
Notice requiring written answer
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Section 9 - F orm E
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3. Award
PROCEDURE
Section 14 - Form G :
Written award of compensation
Section 16 - Form H :
Notice of award and offer of compensation
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4. TAKING POSSESSION
PROCEDURE
Section 22 - Form K :
Notice that possession of land has been taken
Entry in Document of Title
Memorial in RTDSurrender of IDT
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Section 24 - Form L :
Notice to deliver IDT
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4. TAKING POSSESSION
PROCEDURE
Section 19 - Form I :
Certificate of Urgency
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Section 5 8 - Form Q :
Notice to occupy temporarily
Section 20 - Form J :
Notice to vacate building/land under certificate of urgency
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5. PAYMENT O F AWARD
PROCEDURE
Section 29(1 ) as soon as may be
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6. Reference to Court
PROCEDURE
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Section 36 - Form M : B y Collector of Land Revenue
Section 38 (1) - Form N : B y Proprietor
Section 38 (5) - Form O : B y State A uthority
Section 4 3 - Form P : Notice of Hearing
Section 56