Land Acquisition Act, 1894: Sections, Procedure and Current Legal Status

Overview of the Land Acquisition Act, 1894

The Land Acquisition Act, 1894 was enacted to regulate compulsory acquisition of land for public purposes and for companies and to provide a statutory method for determining compensation. Its principal stages included a preliminary notification, opportunity to object, declaration of public purpose, measurement and notice, enquiry and award by the Collector, possession, reference to court, determination of compensation and payment of interest where applicable.

Section 1: Short title, extent and commencement

The statute was called the Land Acquisition Act, 1894 and commenced on 1 March 1894. Its historical territorial wording should be read as part of the repealed enactment and not as a statement of the present territorial operation of Indian land-acquisition law.

Current Law: RFCTLARR Act, 2013

The present central framework is the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It introduces a broader statutory scheme dealing with public purpose, Social Impact Assessment, objections, compensation, rehabilitation and resettlement, institutional safeguards and transparency.

For acquisitions begun under the 1894 Act, the effect of the transition depends on the facts and the applicable provisions of the 2013 Act. Section 24 specifically addresses specified acquisition proceedings initiated under the 1894 Act, including the consequences depending on whether an award had been made and the statutory conditions applicable to older proceedings.

Practical point: A dispute involving an old Section 4 notification, Section 6 declaration or Section 11 award should not be assessed solely from the text of the repealed 1894 Act. The 2013 Act, applicable rules, notifications, State amendments and binding judicial decisions may also have to be considered.

Land Acquisition Act 1894: Section-wise Guide

The following internal references preserve the detailed section-by-section material on this website for historical and transitional legal research:

1. What are the Definitions? Section 3 of Land Acquisition Act 1894
2. What is the procedure for Publication of preliminary notification and powers of officers of thereupon? Section 4 of Land Acquisition Act 1894
3. What is the meaning of Payment for Damage? What is the process of hearing Objections? Section 5 and 5A of of Land Acquisition Act 1894
4. What is Declaration of that land is required for a public purpose? What is the meaning After declaration collector to take order for acquisition? Section 6 and 7 of of Land Acquisition Act 1894
5. Should Land to be marked out, measured and planned? Is it compulsory to give Notice to persons interested? Section 8 and 9 of of Land Acquisition Act 1894
6. What is the Power to require and enforce the making of statements as to names and interests? Section 10 of of Land Acquisition Act 1894
7. What is Enquiry and award by Collector? Section 11 of of Land Acquisition Act 1894
8. What is the Period within which an award shall be made? Section 11A of of Land Acquisition Act 1894
9. Award of Collector when to be final? What is Adjournment of enquiry? How to do Correction of clerical errors, etc? Section 12, 13 and 13A of Land Acquisition Act 1894
10. What is the Power to summon and enforce attendance of witnesses and production of documents? What are the Matters to be considered and neglected? Section 14 and 15 of Land Acquisition Act 1894
11. What is the Power to call for records, etc? What is the Power to take possession? What are Special powers in cases of urgency? Section 15A, 16 and 17 of Land Acquisition Act 1894
12. What is Reference to Court? What is Collector's statement to the Court? What is the procedure for Service of notice? Section 18, 19 and 20 of Land Acquisition Act 1894
13. What is Restriction on scope of proceedings? Should Proceedings to be in open Court? Section 21 and 22 of Land Acquisition Act 1894
14. What are the Matters to be considered in determining compensation? What are the Matters to be neglected in determining compensation? Section 23 and 24 of Land Acquisition Act 1894
15. Amount of compensation awarded by Court not to be lower than the amount awarded by the Collector, What are the Form of awards? Section 25 and 26 of Land Acquisition Act 1894
16. What are Costs? What is the meaning of Collector may be directed to pay interest on excess compensation? Section 27 and 28 of Land Acquisition Act 1894
17. What is Re-determination of the amount of compensation on the basis of the award of the Court? Should Particulars of apportionment to be specified? Section 28A and 29 of Land Acquisition Act 1894
18. What is Disputes as to apportionment? What is the rule regarding Payment of compensation or deposit of same in Court? Section 30 and 31 of Land Acquisition Act 1894
19. How to do Investment of money deposited in respect of lands belonging to persons incompetent to alienate? How to do Investment of money deposited in other cases? Section 32 and 33 of Land Acquisition Act 1894
20. What is Calculation for Payment of interest? Temporary occupation of waste or arable land, Procedure when difference as to compensation exists Section 34 and 35 of Land Acquisition Act 1894
21. What is the Power to enter and take possession, and compensation on restoration? Difference as to condition on land Section 36 and 37 of Land Acquisition Act 1894
22. Is Industrial concern to be deemed Company for certain purposes? Is Previous consent of appropriate Government and execution of agreement necessary? Section 38A and 39 of Land Acquisition Act 1894
23. What is Previous enquiry? Agreement with appropriate Government, Is Publication of agreement necessary? Section 40, 41 and 42 of Land Acquisition Act 1894
24. Are Sections 39 to 42 not to apply where Government bound by agreement to provide land for Companies? How agreement with Railway Company may be proved? Section 43 and 44 of Land Acquisition Act 1894
25. Restriction on transfer, etc., Land not to be acquired under this Part except for certain purpose for private companies other than Government companies Section 44A and 44B of Land Acquisition Act 1894
26. What is the procedure for Service of notices? What is the Penalty for obstructing acquisition of land? Is Magistrate to enforce surrender? Section 45, 46 and 47 of Land Acquisition Act 1894
27. Is Completion of acquisition not compulsory, but compensation to be awarded when not completed? What is Acquisition of part of house of building? Section 48 and 49 of Land Acquisition Act 1894
28. Whether Acquisition of land at cost of a local authority or Company? When Exemption from stamp-duty and fees? Section 50 and 51 of Land Acquisition Act 1894
29. Acceptance of certified copy as evidence, Notice in case of suits for anything done in pursuance of Act Section 51A and 52 of Land Acquisition Act 1894
30. Is Code of Civil Procedure to apply to proceedings before Court? Appeals in proceedings before Court, Section 53 and 54 of Land Acquisition Act 1894
31. Power to make rules Section 55 of Land Acquisition Act 1894

Official Legal Resources

For the current statutory text, rules, notifications and government information, refer to the official India Code and Department of Land Resources resources listed in the right sidebar. State-specific amendments, rules or acquisition notifications may also apply depending on the land and acquiring authority.