Vidhi Codex

The State Land Acquisition Act, 1990

The State Land Acquisition Act, 1990

Civil199061 sections8 chapters

This Act lets the Government acquire private land in Jammu and Kashmir for public purposes, on payment of compensation. It sets out the steps: a preliminary notification, hearing of objections, a declaration that the land is needed, marking and measuring the land, notice to interested persons, and the Collector's award of compensation. It also validates earlier acquisitions.

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Part I PRELIMINARY

  1. 1Short title, extent and commencement
  2. 2Validation of the former acquisitions of land
  3. 3Definitions

Part II ACQUISITION

  1. 4Publication of preliminary notification and powers of officers thereupon
  2. 5Payment for damage
  3. 5AHearing of objections
  4. 6Declaration that land is required for public purpose
  5. 7After declaration Collector to take order for acquisition
  6. 8Land to be marked out, measured and planned
  7. 9He shall also cause it to be measured and (if no plan has been made thereof) a plan to be made of the same.
  8. 9ANotice to be served on head of department for which land is to be acquired
  9. 10Power to require and enforce the making of statements as to names and interests
  10. 11Enquiry and award by Collector
  11. 11ACorrection of clerical or arithmetical errors etc
  12. 12Award of Collector when to be final
  13. 13Adjournment of enquiry
  14. 14The Collector may, for any cause, he thinks fit, from time to time, adjourn the enquiry to a day to be fixed by him.
  15. 15Matters to be considered and neglected
  16. 16In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24.
  17. 17When 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.
  18. 17APayment of compensation before acquisition proceedings are completed
  19. 17BDetermination of compensation and recovery of excess amount

Part III REFERENCE TO COURT AND PROCEDURE THEREON

  1. 18Reference to Court
  2. 19Collector's statement to the Court
  3. 20Service of notice
  4. 21Restriction on scope of proceedings
  5. 22The scope of the enquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected by the objection.
  6. 23Matters to be considered in determining compensation
  7. 24Matters to be neglected in determining compensation
  8. 25Rules as to amount of compensation
  9. 26Award
  10. 27Costs
  11. 28Interest
  12. 29Market value not to form part of the amount of compensation

Part IV APPORTIONMENT OF COMPENSATION

  1. 30Particulars of apportionment to be specified
  2. 31Dispute as to apportionment

Part V PAYMENT

  1. 32Payment of compensation or deposit of same in Court
  2. 33Investment of money deposited in respect of lands belonging to persons incompetent to alienate
  3. 34Investment of money deposited in other cases
  4. 35Payment of interest

Part VI TEMPORARY OCCUPATION OF LAND

  1. 36Temporary occupation of waste or arable land. Procedure when difference as to compensation exists
  2. 37Power to enter and take possession and compensation on restoration
  3. 38Difference as to condition of land

Part VII ACQUISITION OF LAND BY COMPANIES

  1. 39Application of provisions to companies
  2. 40Procedure with regard to Government sanction
  3. 41Agreement with the Government
  4. 42Publication of agreement
  5. 42AAcquisition of land for a corporation or a local authority etc

Part VIII MISCELLANEOUS

  1. 43Service of notice
  2. 44Penalty for obstructing acquisition of land
  3. 45Magistrate to enforce surrender
  4. 46Completion of acquisition not compulsory, but compensation to be awarded when not completed
  5. 47Acquisition of part of houses or building
  6. 48Acquisition of land at cost of a local body, person or body of persons
  7. 49Provided that, no such person or a body of persons shall be entitled to demand a reference under section 18.
  8. 49AAcceptance of certified copy as evidence
  9. 50Notice in case of suits for anything done in pursuance of this Act
  10. 51Procedure with respect to actions under this Act
  11. 52Appeals
  12. 52ADelegation
  13. 53Power to make rule

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