Jammu and Kashmir land acquisition act 1990 Samvat , 1934 A.D

 The State Land Acquisition Act,1990 samvat , 1934 A.D (Jammu and Kashmir)

In this blog you will read about land acquisition act 1934,  

introduction and

 declaration of intention acquisition, procedure of acquisition .

NOTE;;  (repealed by 2019 reorganization act,, this act is not applicable in jammu and Kashmir now,  jammu Kashmir is governed by Central legislation,( Land Acquisition, Rehabilitation and Resettlement Act, 2013 ;also known as The Land Acquisition Act, 2013) )

Introduction 

When the land is required for the construction of roads, railways, canals or other public infrastructure, urban housing or any other public purpose, land is acquired compulsorily by the government on payment of compensation in accordance with land acquisition laws. 

There are also provisions in these laws for acquisition of land for the establishment of industries owned by the private sector as well. While changes in land use take place gradually and incrementally over time through decisions by land-owners, big changes require decisions bythe governments and compulsory land acquisition is the main vehicle for bringing changes on a large scale. 

Since the State Land Acquisiton, Act,1990 has been repealed by the Jammu and Kashmir Reorganisation Act,2019, now the Central legislation (Land Acquisition, Rehabilitation and Resettlement Act, 2013 ;also known as The Land Acquisition Act, 2013) is applicable in the UT of J&K. 

The acquisition process is carried out in consultation with local self government and gram sabhas, thereby, ensuring least disturbance is caused to the owners of the land and other affected families. 

To ensure that fair compensation is provided to the affected families.

Make adequate provisions for the rehabilitation and resettlement. 

 In case of compulsory acquisition, endeavor should be made that the affected persons are made partners in development so as to ensure a smooth rehabilitation process for them after acquisition.

The Act is applicable when: 

Government acquires land for its own use, hold and control, including land for Public sector undertakings. 

Government acquires land with the ultimate purpose to transfer it for the use of private companies for stated public purpose. 

Government acquires land for immediate and declared use by private companies for public purpose.

DECLARATION [Sections: 4; 6-10] 

Publication of Preliminary Notification and Powers of Officers thereupon: Section 4 

Section 4(1):Whenever land in any locality is needed or is likely to be needed for any public purpose the Collector shall notify it— 

(a) through a public notice to be affixed at convenient places in the said locality and shall also cause it to be known by beat of drum and through the local Panchayats and Patwaries ; 

(b) in the Government Gazette 

(c) in two daily newspapers having largest circulation in the said 

locality of which at least one shall be in the regional language.

Section 4(2): After the Collector has notified any land in the manner prescribed in clause (a) of sub-section (1) as being needed or likely to be needed for a public purpose, it shall be lawful for any officer, 

either generally or specially authorised by the Government in this behalf, and for his servants and workmen,— 

to enter upon and survey and take levels of any land in such locality ; 

to dig or bore into the sub-soil ; 

to do all other acts necessary to ascertain whether the land is adopted for such purpose ; 

to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon ; 

to make such levels, boundaries and line by placing marks and cutting trenches ; and where otherwise the survey cannot be completed, and the levels taken and the boundaries and 

lines marked, to cut down and clear away any part of any standing crop, fence or jungle . 

Provided that, no person shall enter into any building or upon any enclosed court or garden attached to a dwelling house unless with the consent of the occupier.

The first step here, is the issuance of a preliminary notification in the Official Gazette informing the public of the proposal to acquire the land. Such notification is intended to alert the public of the government’s intention for acquisition. 

Any person interested in the land notified for acquisition could file an objection and every such person had to be given a hearing by the Collector. 

After hearing the objections and making further inquiry where necessary, the collector is required to make a report with his recommendations on the objections, for a decision by the government. After consideration of the report, if the government is satisfied that any particular land was needed for a public purpose, it would issue a declaration to that effect.

Public purpose 

According to Section 3(g) the expression “Public Purpose” includes— 

(i) the provision of village sites, or the extension planned development or improvement of existing village sites ; 

(ii) the provision of land for town or rural planning ; 

(iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of the Government ; 

(iv) the provision of land for a corporation owned or controlled by the State ;

(v) the provision of land for residential purpose to the poor or landless or to persons residing in areas affected by natural calamities or to persons displaced or affected by reasons of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State ; 

(vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any authority established by the Government for carrying out any such scheme or with the prior approval of Government by a local authority or a society registered under the Societies Registration Act, Samvat 1998 or a Co-operative Society, within the meaning of the Co-operative Societies Act. 1960 ; 

(vii) the provision of land for any other scheme of development sponsored by the State or Central Government or with the prior approval of the Government, by a local authority : 

Provided that the land shall not be allotted or leased out to a person other than permanent resident of the State for residential purposes ; 

(viii) the Provision of any premises or building for locating a public office : Provided that the disposal of land by way of lease or otherwise shall be made by the authority in accordance with the provisions of the law governing alienation, lease, transfer, sale etc; 

(ix) the provision of land for any university or other educational institution established by the State Government.

Declaration of intended acquisition [Sections 6-10]

The basic aim and objective of the Act is to lay down the procedure , provisions of law for the acquisition of land, needed for public purposes, within the territories comprising the Jammu and Kashmir State, and for determining the amount of compensation to be made on account of such acquisition.

Section 6: 

Section 6 of the State Land Acquisiton Act,1990, deals with “Declaration that land is required for public purpose” ––

Subsection(1) of section 6 lays down that:

When the Government is satisfied after considering the report, if any, made under section 5-A, sub-section (2), that any particular land is needed for public purpose, a declaration shall be made to that effect under the signature of the Revenue Minister or of some officer duly authorised in this behalf :

Provided that no such declaration shall be made unless the compensation to be awarded for such property is to be paid wholly or partly out of the public revenues or some fund controlled or managed by a local authority.

Section 6(2):The declaration shall be published in official Gazette, and shall state the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate areas and where a plan shall have been made of the land, the place where such plan may be inspected.

(3) The said declaration shall be conclusive evidence that land is needed for a public purpose, and after making such declaration the Government may acquire the land in manner hereinafter appearing.

Section 7: After declaration Collector to take order for acquisition.––

Whenever any land shall have been so declared to be needed for a public purpose, the Revenue Minister or some officer duly authorised by the Government in this Behalf shall direct the Collector to take order for the acquisition of the land.

When it appears to the Government that a particular piece of land in any locality is required or likely to be required for any public purpose, a notification to the said effect is to be issued under Section 4 of the Act. 

The Collector, as envisaged under Section 4 of the Act, is required to notify through a public notice to be affixed at the convenient places in the locality, where the land is needed or is likely to be needed for any public purpose and shall cause it to be known by beat of the drum and through the local Panchayats and Patwaries. The Collector is also required to notify the same in the Government Gazette. The Collector is under bounden duty to notify the intention as to need of the land in the two daily newspapers having the largest circulation in the said locality of which, at least, one shall be in the regional language. If any person, interested in any land, notified under Section 4(1) of the Act, objects the acquisition of the land, he may object it in writing to the Collector within fifteen days after issuance of the notification. The Collector is to afford an opportunity of being heard to the objector in person or his pleader or a person authorised by him. The Collector, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, shall submit the case for the decision of the Government together with the record of the proceedings held by him and a report containing his recommendations on the objections. The decision of the Government, as envisioned in subsection (2) of Section 5-A of the Act, shall be final.

When the Government is satisfied after considering the report, if any, made under subsection (2) of Section 5-A of the Act, that any particular land is needed for the public purpose, a declaration, as envisaged by Section 6 of the Act, shall be made to that effect under the signature of the Revenue Minister or of some officer duly authorised in this behalf. 

However, no such declaration shall be made unless the compensation to 

be awarded for such property is to be paid wholly or partly out of the

public revenues or some fund controlled or managed by a local authority. 

The declaration, as stipulated by subsection (2) of Section 6 of the Act, is to be published in the official Gazette, and shall indicate the District or other territorial division in which the land is situated, the purpose for 

which it is needed, its approximate areas and where a plan shall have been 

made of the land, the place where such plan may be inspected. 

Whenever any land shall have been so declared to be needed for a public purpose, 

the Revenue Minister or some officer duly authorised by the Government 

in this behalf, in terms of Section 7 of the Act, shall direct the Collector to take order for the acquisition of the land. The public notice, under subsection (1) of Section 9 of the Act, shall be caused to be given by the 

Collector at the convenient places on or near the land to be taken, 

informing that the Government intends to take the possession of the land and that the claims to compensation from all the interested persons in such 

land, be made to him. Such notice shall enumerate particulars of the land 

so needed and the persons interested in the land shall require to appear in 

person or by agent before the Collector at a time and place mentioned in 

the notice and such time should not be earlier than fifteen days after 

publication of the notice. 

The persons, to appear before the Collector, have to state the nature of their respective interests in the land and the amount and the particulars of their claim to compensation for such interests and 

their objections, if any, to the measurement. Such statements should be 

made in writing and signed by the party or his agent. A notice shall also 

be served by the Collector 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 service on their behalf, within the revenue district in which the 

land is situate.

The collector shall enquire the matter related to the person interest and shall access the compensation which in his opinion should be allowed for land and may give his report to revenue minister.

The collector shall give the final award after determining the land or after determining the compensation and such award shall be final and a conclusive evidence that the compensation has been given to such person.

Taking of Possession [Sections 16-17 17a] 

Section 16. Power to take possession.–– When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the Government free from all 

encumbrances. 

Section 17. Special powers in case of urgency.–– In cases of urgency, 

whenever the Government so directs, the Collector, though no such award has been made, may, on the expiration of 15[fifteen days,] from the publication of the notice mentioned in section 9, sub-section (1), take 

possession of any land needed for public purposes. 

Provided that, the Collector shall not take possession of any building or part of a building under this sub-section, without giving to the occupier thereof at least 48 hours’ notice of his intention to do so, or such longer notice as may be reasonably sufficient, to enable such occupier to 

remove his movable property from such building without unnecessary inconvenience; and Provided in every case under this section the Collector shall at the time of taking possession offer to the persons interested compensation for the 

standing crop and trees (if any) on such land and for any other damage sustained by them

Section 17-A: Payment of compensation before acquisition  proceedings are completed.––

 Before taking possession of any land 

under section 17, the Collector shall, without prejudice to the provisions of the said section, ––

(a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested and entitled thereto ; 

and 

(b) pay it to them unless prevented by some one or more of the contingencies mentioned in section 32 of the Act, and where the 

Collector is so prevented, the provisions of section 32 shall apply as they apply to the payment of compensation under that section.