The Kerala Land Acquisition Act, 1961 (No.21 of 1962)

IJ\ l23 ACT 11 OF 1962 THE KERALA LAND ACQUISITION ACT, 1961 Conn-nus Preamble Sections. PART I PrelImmary 1. Short title, extent and commencement. 2. Definitions. PART 11 ACQUISITION Prelim/mg Investtgatt‘on 3. Publicauon of preliminary notification and powers of officers thereupon. 4. Payment for damages. 5. Hearing of objections. Dalmatian qf Intended Acqumtton 6. Declaration that land is required for public purpose. 7. After declaration the Collector to take order for acquIsition. 8. Lands to be marked out, measured and planned. 9. Notice to persons interested. 10. Power to require and enforce the making of statements as to names and interests. Enqutry tnta Memurementr, Value and Clazmr, and Award by the Collector 11. Enquiry and award by Collector. 12. Award of Collector when to be final. 13. Adjournment of enquiry. 14. Power to summon and enforce attendance of witnesses and production of documents. 15. Matters to be considered and neglected. 16. Award in case of agreement as to theamount of Compensation 17. Valuation statement to be approved by superior authority. Taktng Possession 18. Power to take possession. l9. Specxal powers in cases where land is needed urgently. Sultans. 20. 2I . 22. 23. 24. 25. 26. 27. 28. 29. 30. salion 31. 32. 33. 35 36. 37. 38. 39. 40. 41. l24 PART III kcfneucz to Cowl and procedure [hereon Reference [0 Court. Collector’s statement to the Court. Servnce of nouce. Restriclmn on scope ol pxoccedmga. Proceedings to be in open Couxl. Manexs to be consndexed m detclmnnng compensation. Matters to be neglected In determining Ccmpmbnhon Rules as to amount of compensauon, Folm of awards. Costs. Collector may be dlrthcd to pay interest on exces: compen- I’ART IV Appammzmmt of comptrualmn Pamculms of appontmnmenl lo be speclhed. Dlapnlc a: to apporuonmem. PART V Payment Payment of compensation or deposit of lllC same m COL" l. Investment of money deposited m respect ol lands belongmg to persons incompetent to alienate. Investment of money deposxlcd In olhcn cases. Payment of Interest. PART VI Tun/mar) occupation of [and Tcmpoxm y occupanon of land and payment of compensallons Powel to mm and take possession and compensauon on restoration. Difference as to condition Orland. PART VII Acqumlzmz of [and/hr ram/tamer Company may be authorised to cum and suxvcy. ludustnal concern to be deemed company for celtdm purposes. .~(. A_.»-»— {1‘ Swims. 42. 43. 44. 45. 46 47 45". 125 Prcuous consent of Government and execunon of agreement ncccSfiary. P1 cvxous enquiry. Ag: cement with Govcx nmcnl . Publicauon of agreement. PART VIII Acqmnlwn fl/ lam] far ["0]th vamom applicable m the case of notified pmjccxs. Definmons. Acqumition for puojort punpnscm PART IX M1 wllmmms Service ofnoticcs. Penalty for obstmctmg acqulsimn of land. lvlagxstralc to enforce sun'cnder. Completion of acquisinon not compulsory, but compensafion to be awarded when not completed. Acquisition of par! of home on building. Powcl to continu'c Ihc procecdmgx started by Bnnthu Cnllccton Acquisition of land at :05! ofa local authority, 01 company. Exemption from \lamp duly and fees. Notice In case of suits for anything done In pursuancc of Act. Estabhshmuu of Land Acquisition Courts. Code OFCIVII Pxocedulc to apply In pmcccdmgslxtl‘olc Coult Appeals m plocccdings befonc Count. Poncr lo make lulcs. Repeal. 126 ACT 21 OF 1962* THE KERALA LAND ACQUISITION ACT, 1961 An Ail to unify and amend the law for atquiritimi of [and for public purpnm‘ in I’ll Stale anemla Prean:ble.-WHERr~:As it is expedient to unify and amend the law for the acquisnion of land needed for public purposes and for determin- ing the amount of compensation to be given on account of such acquismon in the State of Kcrala , BE it enacted in the Twelfth Year of the Republic of India as follows :— Part I PRELIMINARY 1. Short 1111:, extent and commencementafl) This Act may be called the Kerala Land Acquisition Act, 1961i (2) It extends to the whole of the State of Kcrala. - (3) Itshall come into force on such date as the Government may, by notification in the Gazette, appoint. 2. Definitions.—-In this Act, unless the context otherwise requires,— (1) ‘land’ includes benefits to aiise out of land and things attached to the earth or permanently fastened to anything attached to the earth; (2) ‘pcrson interested ’ includes all persons claiming or entitled to claim an interest in compensation payable on account of the acquisi- tion of land under this Act; and a person shall be deemed to be inteiesled in land if he is interested in an easement affecting the land ; (3) ‘ Collector ’ means the Collector of the district and includes any officer appointed by the Government to perform the functions ofa Collector under this Act ; (4) ‘ company ’ means a company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956) and includes a foreign company within the meaning ofsection 591 ofthat Act, a society re- gistered under the Societies Registration Act, 1860 (Central Act 21 of 1860) as in force in the Malabar district referred to in sub-section (2) of section ‘3 of the States Reorganisation Act, 1956 or under the Tra- vancore-Cochin Literary, Seicntifie and Charitable Societies Registra- lion Act, 1955 (Act XII of 1955) and a registered society within thef meaning of the Co-opeiative Societies Act for the time being In orce, * Received the assent oli—the President on the Slst day ofAugust 1962 and published in the Gazette Extraordinary, dated the 6th September 1952. ‘7: \ 'i I IN (5) ‘ Cour t’ means a Land Acquisition Court established, or any eivil couit invested with the jurisdiction ofa Land Acquismon Court, under section 58; (6) ‘ Government’ means, in relation to the acquisnion of land for the purposes of the Union, the Central Government, and, In relation to the achisition of land for any other purposes, the State Government , (7) the following persons shall be deemed ‘persons entitled to act ‘ as and to the extent hereinafter pi ovided, that is to say— (a) trustees for other persons benefiCially interested shall be deemed to be the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted, if free from disability ; and (b) the guardians of minors and the managers of lunatlcs oi- idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability,could have acted : Provrdcd that— (1) no person shall be deemed ‘ entitled to act ’ whose interest in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act ; (ti) in every such case the person interested may appear by a next friend, or, in default of his appearance bya next friend, the Collector or Court, as the case may he, shall appoint a guardian for the case to act on his hehalfin the conduct thereof; (in) the provisions of Order XXXII of the First Schedule to the Code of Civil Procedure, 1908, shall multili: mutandii, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case in proceedings under this Act; and (in) no person ‘ entitled to act ’ 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. Part II ACQUISITION Pneuninnv Invesrion'rion 3i Publllflliml (y'fiwlimmmy nolzftmlmn and power: of Jim: there- u/wn.-(l) Whenever it appears to the Government or to the Collector that land In any locality within the State of Kcrala or within the juris- diction of the Collector, as the case may be, is needed or is likely to he needed for any public purpose, a notification to that effect shall be published In the Ga7etle, and the CollectOi shall cause public notice of the substance of such notification to be given at convenient places in the said locality. . l28 (2) Thcrcupon, rt shall he lanful for any olficer erther'gcnerally or specially authorised b) the Government or the Collector turd for his servants and workmen,— (a) to enter upon and survey and take levels of any land in such locality , (b) to dig or horc mm the sub-sari , (c) to set out the boundaries ofthe land proposed to be taken and the rrrtcndcd line of the \mrk. rl'any, proposed to be made thereon, (d) to mark such levels, boundar res and line by placing marks and cutting trenches ; (e) \\ here other u rse the survey cannot be completed and the levels taken and the boundaries and hue marked to cut down and clear away any part of an) standing crop. fence orjungle : and (f) to do all other acts necessary to ascertarn whether the land is adapted for such purpose ; Provided that no person shall enter rnto any buildrng or upon any enclosed court or garden attached to a dwelling house (unless with the consent of the occupier thereof) without pewiously giving such occupier at least seven days, notice in writing of hrs intention to do so. 4. Pajmentfir dumage:.—The officer so authorised shall, at the time of such entry, pay or tender payment for any damage which may be done by the acts aforesaid, and, in case of dispute as to the suffici- ency of the amount so paid or tendered, he shall at once refer the dis- pute to the decisron nfthe Collector, and such decisron shall be final. 5. Hearing ofoll]uliafl:.—(l) Any person interested in any land which has been notified under sub-section (1) of section 3 as being needed or likely to be needed {or a publrc purpose may wrthin thirty days after the issue of the notification, object to the acqursitron of the land or of any land in the locality, as the case may be. (2) Every objection under sub-section (1) shall be made to the Collector in wrrtrng and the Collector shall give the objector an opportunity of being heard either in person or by counsel and shall, after hearing all such ObjtcllOnS and after making such further enquiry, rfany, as he thinks necessary, submit the Casey'— (1) where the preliminary notification under sub-section (l) of section 3 was published by the Government, to the Government , (n) where the preliminary notificatron under subsection (1) of section 3 was published by himself, to the Board of Revenue [or the elect run of the Government or the Board of Revenue, as the case may be, together wrth the record of the proceedings held by hrm and a report contarnrng his recornmendatrom on the objections 'I‘hc decrsron of the Government or the Board of Revenue, as the case may be, shall be final. _ ___ __ _ __s ,_ __. ___..e..__ _ ._‘_ _.-._/ {4" 129 DECLARATION or iNTcNDLU ACQUISITION Ci. Dalmatian that [and U reqmredfor public [impose—(l) Subject to the prowsions of Part VII of this Act, when the Government or the Board of Revenue ale or is satisfied aftei considering the iepoit made by the Collector under sub-section (2) of section 5 that any particular land is ncedetl for a public puiposc, a declaration shall be made to that effect under the Signature of an oflicer competent to authenticate the orders of the Government or the Board of Revenue, as the case may be (2) The declaration shall be published in the Gazette and shall state the district, taluk and Village in which the land is situate, the purpose for which it is needed, it: approxn—nate area, and, where a plan shall have been made of the 'land, the place where such plan may be. inspected. 7. Aflei deal/(rattan the Cellular [u [aka arderfwacquisition.—Whenever any land shall have been so declared by the Government or the Board of Revenue to he needed for a public purpose, the Government or the Board of Revenue, as the case may he, shall direct the Collecter to take order for the acquisition of the land. 8. Land: to b: marked out, measured and planned—The Collector shall thereupon cause the land (unless it has already been maiked out under section 3) to be marked out. He shall also cause it to be measured and if no plan has been made thereofa plan to be made ofthe same. 9. Name to person: mlererled.—( l) The Collector shall then cause public notice to be given at convenient places on or near the land Io be taken, stating that the Government intend to take possesswn of the land and that claims to compensation for all interests In such land may be made to him. ' (2) Such notice shall state the particulars ofthe land so needed and shall re Uire all persons interested in the land to appear personally or by agent efore the Collector at a time and place theicin mentioned (such time not being earlier than fifteen days after the date of publi- cation of the notice), and to state the nature of their respective interests in the land and the amount and particulars of their claims to compen- sation for such interests, and their objections, if any, to the measure- ments made under section 8. The Collector may in any case require such statement to be made In writing and Signed by the party or his agent. (3) The Collector shall also serve notice to the same effect on the occupier, If any, of such land and on all such persons known or believed to be Interested therein, or to be entitled to act for persons so interested, as reside or have agents authorised to receive serum: on their behalf, Within the revenue district in which the land Is situate. (4) In case any person so interested re5idcs elsewhere, and has no such agent, the notice shall be sent to him by registered post in a letter addressed to him at his last known iesidcnce, address or place of business. 3/40—9 130 (5) The notice shall also be published in the Gazette and shall be deemed to be sulficient notice to all persons interested in the land as between the Government and such persons. l0. Power to require and ery’am the making of :latnnmlr a: la name: and in!eml.r.—(l) The Collector may require any such person to make or deliver to him at a time and place mentioned (such time not being earlier than fifteen days after the date ofthe requisition) a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land, or any part thereof, as co-proprietor, sub—proprietor, mortgagee, tenant or otlierWise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement. ‘ (2) Every person required to make or deliver a statement under this section or section 9 shall be deemed to be legally bound to do so within the meaning of sections 175 and ”6 at” the Indian Penal Code. ENQUIRY INTO MEASUREMENTS, VALUE AND CLAIMS AND AWARD BY THE COLLECTOR ll. Enquiry and award by Coll:£tor.—On the clay so fixsd, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land at the date of the publication of the notification under sub-section (l) of section 3, and into the respective interest of the persons claiming the compensation, and shall make an award under his hand 0L- (i) the true area of the land ; (ti) the compensation which in his opinion shall be allowed for the land ; and (m) the apgortionment of the said compensation among all the persons known or elieved to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him. _ 12. AwardafCo/leuar when to bcfmal.—(l) Such award shall be filed in the Collector’s office and shall, except as hcreinaftcr prowded, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true axes». and value of the land, and the appor- tionment of the compensation among the persons interested. (2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made. l3. Adjournment 41f Inquirj.~The Collectm may, [or any cause he thinks fit, from time to time adjourn the enquiry to a day to be fixed by him. 14. Power to summon and "fire: auutdanre of Wllnfl'ItJ' and prudurlmn iy'docamenlr.—-For the purpose of enquiries under this Act the Collector _._ __. -_ . \,__~..~_._...g.__ ‘4 131 shall have power to summon and enforce the attendance of witnesses, including the parties interested or any of them, and to compel the production of documents by the same means, and so far as may be, in the same manner, as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908. 15. Matters to be [unridrnd arid neglected—In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 25 and 26. 16, Award in can if agreement as in the amounlafmmpmatmn.—(l) If the Collector and all the persons interested agree as to the amount of compensation to be allowed, the Collector shall make an award under his hand {or the same. (2) Such award shall be filed inithe Collector’s office and shall be conclusive evidence, as between the Government and all persons interested, of the value of the land and the amount of compensation allowed for the same. 17. Valuation statement to be approved by .mpnior authority—No award shall be made by the Collector under section 11 or section 16 unless the valuation statement prepared in such manner as may be prescribed by rules is approved,— (1) whcre the Collector making the award is not the District Collector, by the District Collector ; and (u) where the Collector making the award is the District Collector, by the Board of Revenue. TAKXNG Possesswti 181 Pow” to take panmian.——When the Collector has made an award under section 11 or section 16, he may take possession of the land, which shall thereupon vest absolutely in the Government, free from all encumbrances. 19. Special pawn: m cam whm land is needed urgently—(1) In case: of urgency, whenever the Government or the District Collector, {or reasons to be recorded in writing, so direct, or directs, the Collector may, on the expiration of fifteen days from the publication of the notice mentioned in sub-section (1) ofsection 9, take possession of any land needed for a public purpose though no award has been made. Such land shall thereupon vest absolutely in the Government, free from all encumbrances : Provided that the Collector shall not take possession of any building or part ofa building under this sub-section without givmg to the OCCUpicr thereof at least three days’ notice of his intention so to do, or such longer notice as may be reasonably sufficient to enable such occupier to remove his movable property from such building Without unnecessary inconvenience. (2) In every case under sub-section (1), the Collector shall, at the time of taking possession, offer to the persons interested compensation for the standing crops and trees, if any, on such land and for any other 3/40—92 l32 damage sustained by them caused h) surh sudden tlispnssession nnrl not excepted in section 26, and, in case such oflci l§ not accepted, the value of such crops and'tiees and the amount 0! such other damage shall he allowed for in awarding compensation for the land under the piovmnns herein contained (3) In every case under sub-section (1), the Collector may, nn a request in wtiting by all the parties interested and on finmsluiig suflieient security, alter such summary enquiry as he may think fit to institute and after satisfying himself that the patties are la“ fully entitled to receive the compensation), pay a sum not exceeding fifty per cent of the pmhahle compensation that may he finally awarded in iespt-ct nl sitcl' acquisnion, pioVided that no payment shall bc made \\ht:ie theie is a dispute as regaids the person entitled to the compensation The ad\auce compensation paid uiidei this sub-section shall he athusted touards the final compensation payable under the awaid. (4) In the case of any land to which, in the opinion ortlie Government or the District Collectot, the prowsions of sub-section (l) at: applicable, the Government or the District Collector, as the case may be, may direct that thelprowsions of section 5 shall not apply, and, iftliey OI he so diiect or directs, a declaration maybcmadc undei section 6 in iespect of the land at any time after the publication of the notification under sub-section (1) of section 3. _ Part III REFERENCE TO COURT AND PROCEDURE THEREON 20. Rtftmiu to Cauvl.——(l) Any person interested who has not accepted the award may, by written application to the Collector, iequite that the matter be referred by the Collector for the detei initiation of the Court. whether his objection be to the measuiement of the land, the amount of the compensation, the person to whom it is payable, at the appomonmcnt of the campensation among the persons interested. (2) The application shall state the grounds on which objection to the award is taken : Ptovtded that every such application shall he made— (a) l[ the person making it was present or represented before the Collector at the time when he made his award, \Vllhln six weeks from the (late of the Collector’s auard , (b) in other cases, \xilhin six weeks of the receipt of the notice ft om the Colleemi under sub-section (2) of section 12 or Within six monthsJZrom the date of the Collector’s award, \iliicheyer period shall first expire. 2]. Calletlay’: rlultmml in the Cuwl.——(l) In makin the iefmence, the Collector shall state {or the information of the cult, in \x'iiting under his hand,— (a) the situation and extent ofthe land trith particmais of any trees, bmlchngs or standing crops thereon , ~r _J I33 _ (b) the names of the persons \ihom he has ieason to think iniCicstcd in such land , (5) the amount awarded for damages and paid or tendered un. der sections 4 and 19 or either of them, and the amount of compensation awarded under section ll , and (d) ifthe objection be to the amount of the compensation, tlic giounds on which the amount of compensation was determined (2) To the said statement shall be attached a schedule givmg the particulars of the notices served upon, and of the statements in writing made or delivered by, the names interested tcspectively. 22. Sen/1c: ofiwt‘tw vThe Couit shall theieupon cause a notice specifying the day on which the Court wtll proceed to determine the ObJCCUOn, and directing their appeaianee before the Court on that day, to be served on the followmg persons, namely :— (a) the applicant ; (b) all persons interested in the ohjection. except such, if any, of them as have consented Without protest to receive payment of the com- pensation awaided , and (t) if the objection is in iegard to the area of the land or to the amount of the compensation, the Collector. ‘ 23. Restriction on scape afpmeedingL—The scope of the enquiry in every stich proceedings shall be testricted to a consideration of the intet'esu of the peisons affected by the 0l)JCClIOlL 24. Proceedmgi M be at open {awh—EVCI)’ such proceedings shall take place in open Court and all persons entitled to practise in any Civil Court in the State shall be entitled to appcai, plead and act, as the case may be, in such proceedings. 25. [Walters in be carixtdeiad zii delmmmwg [Olflflllialloflt—(I) In determining the amount of compensation to be amended for land acquired under this Act, the Court shall take into consideration— first, the market value ol the land at the date ofthe publication of the notification under sub-section (1) of section 3, scantily, the damage sustained by the poison interested, by reason of the taking of any standing ci ops or trees which may he on the land at the time ofthe Collector‘s taking possesnon thereof; thzrdly, the damage, if any, sustained by the peiaon interested, at the time of the Collector’s taking possession of the land, by reason of severing such land from his other [and ; fourth/y, the damage, ifany, sustained by the pelson inteiested, at the time of the CollectOi’s taking possession ofthc land, by reason of the flCqUISIIOIHnJUHOUSly all‘ecting his othei pl'DpCll)’, movable or immo- vable, in any othei manner, oi his eaimngs ; ft/lhlj, if, in consequence of the acqmsnlion of lh(' land by the Collector, the person interested is compelled to change his rcSidencc or I34 place of business, the reasonable expenses, if any, incidental to such change; and sixlhb, the damage, if any, banafi'dz resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collectox's taking possession of the land. (2) In addition to the market value of the land as above provi- ded, the Court shall in every case award a sum of fifteen per centum on such market value in consideration of the compulsory nature of the noqutsttion; ’26. Mailers to be negllmd in determining campmmtion.—But the court shall not take into conSideration— ' first, the degree of urgency which has led to the acquisition ; secondly, any disinclination of the person interested to part With the land acquired. Ihtrdlj, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit ; fourllil}, any damage which is likely to be caused to the land acquired,after the date of the publication of the declaration under section 6, by or in consequene of the use to which it will be put ; fiflhl}, any increase to the value of the land acqmred likely to accrue from the use to which it will be put when acquired ; :ixlhly, any increase to the value of theother land of the person interested likely to accrue from the use to which the land acquired will be put ; or Isl/mild], any outlay or improvements on, or disposal of, the land acqmred,commenced, made or effected without the sanction of the Collector after the dat: of the publication of the notification under sub-section (1) ofsection 3. 27. Ruluasla amount if camprmalz'on.—(l) When the applicant has madea claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the amountsoclaimed or be less than the amount awarded by the Collector under section ll. (2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no case exceed the amount awarded by the Collector. (3) When the applicant has omitted for a sufficient reason (to be allowed by thejudge) to make such claim, the amount awarded to him by the Court shall not be less than, and may exceed, the amount awarded by the Collector. _28. . Farm qfawizrdr.—(l) Every award under this Part shall be in writing Signed by the Judge, and shall speCify the amount awarded