Unit 3 Emotional Intelligence and Spiritual Intelligence.pdf
Land acquisition rules
1. *The Land Acquisition (Kerala) Rules, 1990
In exercise of the powers conferred by sub-section (1) of Section 55 of the
Land Acquisition Act, 1894 (Central Act 1 of 1894), the Government of
Kerala hereby make the following rules, the same having been previously
published as required by sub-section (2) of the said section, namely: -
Rules
1. Short title and commencement.-
(i) These rules may be called the Land Acquisition (Kerala) Rules, 1990.
(ii) They shall come into force at once.
2. Definitions.- In these Rules unless the context otherwise requires,
(i) "Act" means the Land Acquisition Act, 1894;
(ii) "Form" means the form appended to these Rules;
(iii) "Government" means the Government of Kerala;
(iv) "Land Acquisition Officer" means any officer specially appointed by
Government by notification under clause (c) of Section 3 of the Act to
perform the function of a Collector under the Act;
(v) "Section" means a section of the Act.
3. Appointment of Collectors.- All appointments of Collectors under
clause (c) of Section 3 shall be by notification in the Official Gazette in
Form No. 1.
4. Requisitions for Acquisition.-
(1) Requisitions for acquisition of land under the Act shall be made in
Form No. 2 to the District Collector concerned within whose
jurisdiction the land is situated.
(2) As soon as a requisition is received, the District Collector shall if it is
decided that the land applied for should be acquired under the Act,
forward it to the concerned Land Acquisition Officer for initiating
land acquisition proceedings.
5. Publication of Preliminary Notifications.-
(1) When the acquisition is for any public purpose (other than for the
purposes of the Central Government), the Land Acquisition Officer
shall publish a preliminary notification in Form No. 3 (a) duly
approved by him in the Official Gazette and in the newspapers as
required by sub-section (1) of Section 4.
(2) When the acquisition is for the purposes of the Central Government,
the Land Acquisition Officer shall forward to Government in the
concerned Department a draft preliminary notification in Form No. 3
(b) in triplicate together with an attested copy of the requisition, an
extract of settlement/ Adangal/Land Tax Register and a Sketch of the
site.
* Issued by Noti. G.O. (MS) No. 345/90/RD dt 14-5-1990 pub. in K.G. Ex. No. 501 dt. 18-5-
1990 as SRO 675/90.
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2. (3) The Government shall, if they are satisfied that the acquisition is for
the purposes of the Central Government approve the notification and
send one copy of the notification to the Government Press for
publication in the Official Gazette and return one copy of the
approved notification to the Land Acquisition Officer for publication
in the newspapers, as required by sub-section (1) of Section 4.
6. Procedures for acquisition in cases of urgency.-
(1) Where any requisition is received by the District Collector for
acquisition of land under the urgency clause for any public purposes
(other than for the purposes of the Central Government), he may, if it
appears to him that it is a fit case to dispense with the provision of
Section 5A, make a recommendation to that effect to the Secretary,
Board of Revenue for appropriate sanction.
(2) As soon as the sanction referred to in sub-rule (1) is received, the Land
Acquisition Officer shall 'publish' a composite notification in Form
No. 3 (c) duly approved by him in the Official Gazette, and in the
newspapers as required in sub-section (1) of section 4 read with sub-
section (4) of section 17.
(3) Where the requisition for acquisition of land under the urgency clause
is for the purposes of the Central Government, the District Collector
may, if it appears to him that it is a fit case to dispense with the
provision of Section 5 A make a recommendation to that effect to
Government in the concerned Department. The District Collector shall
also submit along with his report to Government a draft composite
notification in Form No. 3 (d) an attested copy of the requisition, an
extract of the Settlement/ Adangal/Land Tax Register and a sketch of
the site.
(4) The Government may if they are satisfied that it is a fit case to invoke
the powers under Section 17, issue a formal sanction to dispense
with the provision of Section 5 A of the Act and approve the composite
notification. One copy of the approved notification shall be sent to the
Superintendent, Government Presses, Trivandrum for the publication
in the Official Gazette and one copy to the concerned Land Acquisition
Officer for arranging publication in the newspapers.
7. Issue of Public Notice.- Immediately after the publication of the
preliminary notification referred to in sub-rule (1) or (3) of rule 5, the Land
Acquisition Officer shall issue a public notice in Form No. 4 (a) stating
that the land is needed or is likely to be needed for a public purpose and
requiring all persons interested in the land to lodge before him a statement
in writing of their objections if any to the proposed acquisition within 30
days of the last of the dates of the publication of such preliminary
notification or the giving of such public notice whichever is later. The said
notices shall be published at convenient places in the locality and copies
thereof fixed up in the Taluk Office, Village Office and in the offices of
the District Collector and Land Acquisition Officer.
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3. (3) As soon as the composite notification referred into sub-rule (2) or (3)
of rule 6 is published, the Land Acquisition Officer shall issue a
public notice in Form No. 4 (b). The said notice shall also be
published at convenient places in the locality in the Taluk Office, in
the Village Office and in the Office of the Land Acquisition Officer.
8. Hearing of objections and further actions.-
(1) If any objection is received from any person actually interested in the
land within the period prescribed in section 5A, the Land Acquisition
Officer shall fix a date for hearing the objectors and give notice
thereof in Form No. 4(c) to the objectors as well as to the
requisitioning body with copies of the objections. The requisitioning
authority may file on or before the date fixed for hearing statement by
way of answer to the objections and may also depute a representative
to attend the enquiry.
(2) If the statement of objections is not filed within the prescribed period
or if it is filed by a person who is not actually interested in the land, it
shall be summarily rejected.
(3) On the date fixed for hearing or any dale to which the hearing may be
adjourned by the Land Acquisition Officer, the Land Acquisition
Officer shall hear the objector or his pleader and the representative if
any of the requisitioning body and record any evidence that may be
produced in support of the objections.
(4) The Land Acquisition Officer shall also immediately after the
publication of the preliminary notification or composite notification as
the case may be, arrange for the preparation of the sketch and sub-
division records of the land notified for acquisition in duplicate and
send one copy to the Superintendent of Survey and Land Records for
scrutiny and preparation of revised sketches and area list.
(5) The Land Acquisition Officer shall thereupon prepare a draft
declaration in the appropriate form [Form No. 5 (a) or No. 5(b) or No.
5(c) or No. 5 (d) as the case may be] and submit his report with the
following documents for the decision of Government if the acquisition
is for the purposes of the Central Government, or for the decision of
the Board of Revenue if the acquisition is for any other public
purpose.
(a) An attested copy of the requisition.
(b) Attested copy of Gazette sheet and paper cuttings containing
published copies of the preliminary/composite notification.
(c) Served and published copies of notices referred to in rule 7.
(d) The sketch of the site.
(e) Extract from the Village Settlement/Adangal/Land Tax Register
relating to the land.
(f) Sub-division statement.
(g) The objection petitions (in original).
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4. (h) The record of enquiry under section 5 A.
(i) Statement reconciling difference between the particulars shown in
the preliminary/composite notification and the declaration together
with a certificate that the difference has been reconciled.
(j) A confidential note on the nature and weight to be attached to the
existence of religious buildings, tombs, grave yards etc., if any, on
the land under acquisition.
9. Publication of Declaration.-
(1) On consideration of the objections and the report of the Land
Acquisition Officer, if the Board of Revenue or the Government, as
the case may be, is or are satisfied that the land should be acquired, the
declaration shall be approved after overruling the objections and sent
up for publication in the Official Gazette as required under section 6.
One copy of the approved declaration with the records shall be
returned to the Land Acquisition Officer for arranging the publication
of the Draft Declaration in the newspapers as required under Section 6.
(2) If on the other hand the Board of Revenue or the Government as the
case may be decides or decide to give up the acquisition a notification
withdrawing from such acquisition shall be published by Government
in Form No. 6.
(3) When the acquisition is for a public purpose other than for the
purposes of the State Government or Central Government no
declaration shall be published unless the requisitioning authority
executes in favour of the District Collector, an agreement in
Form No. 7.
(4) Every declaration for the acquisition of land for the purposes of the
Central Government, under Section 6 of the Act shall be in Form No. 5
(a) and that under Section 6 read with sub-section (l) of Section 17 of
the Act shall be in Form No. 5 (b). Every declaration for any other
public purpose under Section 6 of the Act shall be in Form No. 5 (c)
and that under Section 6 read with sub-section (1) of Section 17 of the
Act shall be in Form No. 5 (d).
(5) The Officer competent to authenticate the orders under Section 6, shall
be the Secretary to Government, Additional Secretary to Government,
Joint Secretary to Government or Deputy Secretary to Government of
the concerned Administrative Department where the declaration is
made by Government and the Secretary, Board of Revenue where the
declaration is made by the Board of Revenue.
10. Procedure for the preparation of basis of valuation and valuation
statement of the property under acquisition.-
(1) As soon as the preliminary/composite notification is published the
Land Acquisition Officer shall prepare a basis for valuation of the
property under acquisition and forward the same to the District
Collector for approval. In preparing the basis for valuation, the Land
Acquisition Officer may obtain from the offices of the Sub-Registrars
concerned copies of available sale deeds of similar lands in the
locality as on or immediately prior to the date of publication of the
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5. aforesaid notification and such other details as are found necessary.
Buildings or structures under acquisition which are likely to cost more
than Rs. 5,000 shall be got valued by the Engineer of the Public
Works Department or by qualified Engineers of the requisitioning
body at the rate prescribed by the Public Works Department, subject
to the monetary powers given by Government to each grade of
Engineers.
(2) Immediately after the basis for valuation is approved by the District
Collector and the structures got valued by the competent Engineers,
the Land Acquisition Officer shall arrange to prepare a mahazar and a
detailed valuation statement in Form No. 8 showing the details of land
under acquisition, the improvements thereon and the estimated amount
of compensation and get valuation statement approved by the District
Collector.
(3) The Land Acquisition Officer shall, before sending the basis for
valuation
and the detailed valuation statement to the District Collector for
approval, personally inspect the site and record a certificate in the
mahazar and detailed valuation statement to the effect that he has
actually inspected the site and is satisfied as to the correctness of the
details shown in the mahazar and detailed valuation statement
prepared by the Revenue Inspector or Valuation Assistant as the case
may be.
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[Explanation. - For the purposes of this rule and Rules 6,11,12 and 14 the
expression "District Collector" means the Collector of a District and includes
an Officer, if any, not below the rank of a District Collector in the Revenue
Department, specially empowered by the Government to exercise the powers
of the District Collector, where the land to be acquired is for any road or bridge
project,]
11. Notice to persons interested on the land.-
(1) A soon as the revised sketches and area lists are received from the
Superintendent of Survey and Land Records and the detailed valuation
statement is approved by the District Collector, the Land Acquisition
Officer shall cause public notice in Form No.9 (a) to be given at the
convenient places on or near the land to be taken as required under
sub-section (1) of section 9.
(2) A notice in Form No. 9 (b) shall be served on all the persons
concerned in the manner prescribed in Section 45 and as required in
sub-section (3) of Section 9.
1. Inserted by Noti. G.O. (P) No. 26/2002/RD dt. 5-2-2002 pub. in KG. Ex. No. 233 dtl3-3-
2002 as SKO 135/2002
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6. 12. Awards for compensation.-
(1) A soon as the claims of the persons interested in the land are enquired
into as contemplated in rule 11 the Land Acquisition Officer shall
prepare a draft award (in Form No. 10) and submit the same with all
connected records.
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[(a) to the District Collector where the award does not exceeded Rs.
One Crore.
(b) to the Commissioner of Land Revenue, where the award exceeds
Rs. One Crore but does not exceed Rs. Two crores.
(c) to the Government in the concerned Department, where the award
exceeds Rs. Two crores.]
(2) As soon as previous approval is received the Land Acquisition Officer
shall make an award in Form No. 10 and send one copy of such award
to the District Collector for effecting necessary changes in the revenue
records and one copy to the requisition authority. A copy of the award
statement shall thereupon be sent to the Accountant General in 'Form
A' in duplicate.
(3) No award shall be passed unless the Land Acquisition Officer has
sufficient funds at his disposal for making payment of the
compensation or depositing the same in to the Treasury or Court as the
case may be.
(4) Where all the persons interested in the land notified for acquisition
executes an agreement as required under sub-section (2) of Section 11,
award at any stage of the proceedings after the publication of the draft
declaration under Section 6 of the Act in terms of such agreement
without making any further enquiry.
(5) The agreement shall be in Form No. 10(a) appended to these rules and
it shall be executed between the owner or owners of the land of any
person or persons interested therein on the one part and the District
Collector for and on behalf of the Government of Kerala, on the other
part,
(6) No award shall be passed under sub-rule (4), unless previous approval
is obtained from the competent authority as required under sub
section (1) of Section 11.
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[12A. Re-de termination of the amount of compensation on tne basis of
the award of the Court,-
(i) On receipt of an application under Section 28 A from the persons
interested within the stipulated period, the Collector shall conduct an
enquiry after due notice to all the persons interested and after giving
them a reasonable opportunity of being heard, make an award
re-determining the compensation payable to each applicant. The value
of each sub-division shall be decided upon by the collector. The applicability
of the award of the Court and the rate of compensation to be awarded on
1. Substituted by SRO 491/2001 dt. 3-5-2001 pub. in K.G. Ex. No, 691 dt. 8-5-2001.
2. Added by Noti. G.O. (P) No. 111/94/RD dt. 5-4-1994 pub. in K.G. Kx. No. 317 dt. 8-4-1994
as SRO 427/94.
6
7. re-determination have to be adjudicate, upon by the Collector taking into
consideration all relevant act and circumstances. Every award under Section
28 A shall be supported by a note to award giving justification in passing
such award.
(ii) The re-determination compensation shall not be less than the compen-
sation originally awarded or shall not be more than the amount awarded by
the Court. It shall not be more than the compensation originally claimed by
the landowner.
(iii) Every award under Section 28 A shall be in Form No. 10 (C).
(iv) Every award under Section 28 A shall be got approved by the Competent
Authority subject to the monetary limit prescribed under clauses (a) to (c) of
sub-rule (1) of Rule 12.
(v) No application under section 28 A shall be entertained when a land
acquisition appeal case is pending before a Court.
(vi) 1[xxx]
(vii) A register in Form. No. 10 (aa) showing the details of applications
under Section 28 A shall be maintained by the Collector.
13. Notice of award and payment.-
(1) Immediately, after the award is made, the Land Acquisition Officer shall
issue a notice of award in Form No. 10 (b). The said notice shall be
served on the awardees as well as other persons interested in the land
in the manner prescribed in section 45.
(2) In case the awardees or their authorised agents fail to appear and accept
the award or fail to apply for a reference to court under section 18, the
amount due shall be paid into the treasury as Revenue Deposit payable
to the persons to whom it is respectively due and vouched for in Form E.
A notice intimating the deposit of the amount into the Treasury shall
also be served on all the awardees and interested persons in Form No. 11.
(3) As soon as the payment or deposit of the award is completed, a
subsidiary statement in Form 'B' showing the acceptance of award shall be
sent to the Accountant General in duplicate.
(4) Where an award has been made by a court under section 25, a second
award statement shall be prepared in Form 'C' by the Land Acquisition
Officer and a copy thereof sent to the Accountant General in duplicate.
(5) The Accountant General will forward one copy each of the completed A,
B and C statements to the Board of Revenue which will be filed there
and retained permanently.
14. Mode of payment of awards. -
(1) The amount required for payment or deposit of the award shall not be
drawn by the Land Acquisition Officer in cash. It shall be drawn in favour
of the payee by means of printed and machine numbered TV form
cheques to be obtained from the treasury on proper indent through the
District Collector.
1. Omitted by SRO 963/99 pub. in K.G. Ex. No. 2163 dt. 26-11-1999,
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8. (2) The payment relating to an award shall be made or the amount
credited to Court of Revenue deposit within one month from the date
of the award and in the case of an award made in the-month of March
it shall be paid or deposited before the end of the financial year.
(3) All payments into Court for deposits shall be made by means of ‘D’
form cheques drawn in favour of the Presiding Officer of the Court
payable by order of the Court to the credit of Civil Court deposits. In
such case the Form ‘D’ cheques shall be accompanied with receipts in
triplicate in Form ‘F’ duly filled up. The Presiding Officer shall retain
one copy of the Form ‘F’ and return two copies to the Land
Acquisition Officer after sending acknowledgments on them. One
copy of the Form F shall be retained by the Land Acquisition Officer
and the other copy sent to the Accountant General in Form ‘B’
statement.
(4) A stock register of printed ‘D’ form cheques shall be maintained by
each Land Acquisition Officer in Form No. 11 (a). The serial number
of cheques used for each award shall be noted in the register and
balance struck. The Land Acquisition Officer shall retain the used
cheque books in his personal custody and shall also maintain a
separate register of cheques issued giving reference to the details such
as (a) cheque number, (b) date of drawal, (c) award number and date,
(d) name of payee, (e) Treasury drawn upon and (f) amount.
15. Taking possession of land.-
(1) The payment or deposit of the amount awarded shall not be effected
unless the land is taken possession of.
(2) A soon as the award is made, the Land Acquisition Officer shall take
over the property if not already taken and hand over possession of the
same to the authorised representative of the requisition body under
proper acknowledgement in the sketches and mahazers.
(3) For the purpose of taking over and handing over possession of the
land a notice in Form No. 12 shall be served on all the parties
interested in the land and an intimation given to the requisitioning
authority in Form No. 13.
(4) Where any difficulty arises in obtaining surrender of property, the
Land Acquisition Officer shall if he is not a Magistrate, apply to a
Magistrate to enforce surrender of the property as required under
section 47. The Magistrate may issue a warrant to a Police Officer not
below the rank of a Sub Inspector, for enforcing surrender of the land,
if necessary, by using force.
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[(5) In the cases where possession of land is taken in advance under
Section 17 of the Act; it should be done only after giving a notice to
the land owner and occupier thereof as required under sub-section (2)
of Section 17 of the Act. Such advance possession of land shall not be
1. Substituted by Noti.G.O. (P) No. 337/97/RD dt. 7-5-1997 pub. in K.G. Ex. 581 dt. 7-5-
1997 as SRO 357/97.
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9. taken unless a detailed mahazer showing the description of land and
improvements thereon is prepared by the Land Acquisition Officer in
the presence of the owner or other persons interested and the repre-
sentative of the requisition body and got attested by them.)
(6) A soon as the land is taken possession of intimation to that effect shall
be given to the Sub Registrar concerned in Form No. 14 under proper
acknowledgement to enable the Registration Department to maintain
the permanent land records in their offices.
16. Reference to Court.- Reference to Court under section 18 or sub-section
(3) of section 28A or Section 30 of the Act shall be made by the Land
Acquisition Officer in Form No. 15 supported by information in the
prescribed schedule in Form Nos. 16 and 17:
Provided that in the case of application presented to the Land
Acquisition Officer for reference to Court it shall be refereed within a
period of six months from the date of receipt of the application.
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[16A. (1) Every application for reference to Courts under Sub-section (1) of
Section 18 and sub-section (3) of Section 28A of the Act shall be
made in Form No. 22A, in triplicate, and shall be filed within the time
limit prescribed for the purpose.
(2) As soon as the reference application is received, the Land Acquisition
Officer shall make necessary entries in the Register in Form Nos, 21
and 23.
(3) One copy of the application shall be returned to the applicant duly
acknowledging its receipt with the office seal and dated signature of
the Land Acquisition Officer, immediately on receipt. The other
copies shall be used for reference to Court and for office records],
17. Cancellation or modification of notification.- The authority competent
to approve the notifications and declarations under these rules shall also
be competent to cancel them or to modify them by issuing appropriate
cancellation or erratum notification as the case may be.
18. Maintenance of Registers.- The following registers shall be maintained in
all the offices dealing with land acquisition work.
(a) A special Register of Land Acquisition Cases in Form No. 19.
(b) A award Register in Form 20.
(c) A register of Land Acquisition Suits in Form No. 21.
(d) A register of claims made by interested parties in Form No. 22.
(e) A register of reference applications filed by awardee in Form No. 23.
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[(f)A register of applications for re-determination of compensation under
Section 28 A filed by persons interested in Form No. 10 (aa)).
1. Added by Noti. G.O. (P) No. 105/99/TD dt. 29-3-1999 pub. in K.G. Ex. No. 704 dt.6-4-1999
as SRO 322/99.
2. Added by G.O. (P) No. 111/94/RD dt. 5-4-1994 pub. in K.G. Ex. No. 317 dt. 8-4-1994 as
SRO 427/94.
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10. Appendix
(The Forms given in this Appendix may be used for the purposes
mentioned therein with such variations as the circumstances of each case may
require without affecting the substances thereof).
Form No. 1
(See Rule 3)
In exercise of the powers conferred by clause (c) of section 3 of the Land
Acquisition Act, 1894 (Central Act 1 of 1894), the Government of Kerala
hereby appoint the officers specified in column (1) of the Schedule below to
perform the functions of a Collector under the said Act within the area
specified in column (2) thereof and under sub-section (2) of section 4 of the
said Act authorise them, their servants and workman to exercise the powers
conferred by the said subsection in respect of any land within their respective
jurisdiction for the acquisition of which a notification under sub-section (1) of
section 4 has been published.
Schedule
Sl.No. Designation of the Officer Area of jurisdiction
(1) (2) (3)
(1) .. .... ….
(2) ……….etc.
By order of the Governor,
Form 2
[See Rule 4(1)]
Form of Requisition for acquisition of land
1. Name of District, Taluk and Village,
2. Survey Number(s).
3. Extent of land to be acquired.
4. Purpose for which it is to be acquired.
5. (a) Name and designation of the departmental officer, if any, deputed for
the joint inspection with the revenue officer.
(b) Whether it is necessary to take possession of the land in advance by
invoking the urgency clause under section 17 of the Land Acquisition
Act.
(c) If so, the special reasons to be given in a detailed manner as possible
to enable the Government to decide upon the question
(d) If the land is to be taken possession of in advance of the award
whether the requisitioning officer has gone through the relevant
provisions of the Land Acquisition Act and the rules made thereunder
and satisfied himself about the need for doing so.
(e) Whether interest charge on the compensation amount may be paid
from the date of taking possession of the land under the urgency
clause.
6. Whether the resolution of the Panchayat or Municipal Council or
Corporation undertaking to use the land for the specific purposes etc. is
attached.
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11. 7. If required on behalf of Panchayat or Municipal Council or Corporation
whether the certificates regarding the suitability of the site are appended.
8. (a) Whether the sanction of the competent authority has been obtained.
(i) for the work for which the land is required,
(ii) for the requisition of the land in question.
(b) Whether necessary budget provision exists for meeting the cost of
acquisition.
Certificates
1. Demarcation. - That the site was peg marked on the ground and the
demarcation
approved by a responsible Officer.
2. Plan.- That accurate measurements are furnished in the plan attached.
3. Objection.- That the objections of the owners have been duly considered
and that the selection of another suitable site less open to objection by the
owners was found impossible.
4. Sanction.- That sanction of the competent authority exists for the work for
which the land it required.
5. Funds.- That provisions has actually been made in the budget for the cost
of acquisition under the head of account" .......... "
6. That the acquisition proposal satisfied the conditions prescribed in Rule 2
of the Kerala Municipalities (Acquisition and Transfer of Immovable
Properties) Rules, 1962, Section 68 of the Trivandrum City Municipal Act,
1116 or Section 72 of the Calicut City Municipal Act, 1961 (Applicable to
Municipal Councils and Corporations Only).
7. That the acquisition proposal satisfied the conditions prescribed in Rule 3
of the Kerala Panchayats (Acquisition and Transfer of Immovable
Properties) Rules, 1963 (Applicable to Panchayats only).
8. That the Panchayat, the Municipality or the Corporation has agreed to
abide by the conditions that may be imposed for alienation of the land after
acquisition.
9. Agreed also to pay such compensation for damage as may be determined
under section 48 of the Land Acquisition Act, if there has to be a
withdrawal notification.
Signature and Designation of the
Requisitioning Authority.
Form No. 3 (a)
[See Rule 5(1)]
Form of Preliminary Notification to be Issued by the Land Acquisition
Officer under sub-section (1) of the Section 4
Notification
No ............ Place ................ Dated.........
Whereas the Government of Kerala have in notification No........dates .......
appointed by the ...........to perform the functions of a Collector under the Land
Acquisition Act, 1894 (Central Act 1 of 1894);
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12. And Whereas it appears to the Government of Kerala that the land
specified in the schedule below is needed or is likely to be needed for a public
purpose, to wit………………..;
Now, therefore, notice to that effect is hereby given to all whom it may
concern, in accordance with the provisions of sub-section (1) of section 4 of
the Land Acquisition Act, 1894.
Schedule
District:
Taluk Village or Amsom and Desom:
(The extent given is approximate)
Serial No. Survey No. Description Extent
H.Are Sq. meter
…………………
Total
………………….
Land Acquisition Officer.
Form No. 3 (b)
[See Rule 5(2)]
Form of Preliminary Notification to be Issued by the
Government under sub-section (1) of Section 4
Notification
No……. Place……... Dated…….
Whereas in exercise of the powers conferred by clause (1) of Article 258
of the Constitution of India, the President has in notification No. 12011/32/13/
84/LRD Dated the 19th January, 1985, published as S.O. 33 (E) in Part II,
Section 3, sub-section (ii) of the Gazette of India Extraordinary No. 28 dated
the 19th January 1985 entrusted the Government of Kerala with their consent
the functions of the Central Government under the Land Acquisition Act, 1894
(Central Act 1 of 1894), in relation to the acquisition of land for the purposes
of the Union, in the State of Kerala;
And Whereas, it appears to the Government of Kerala that the land
specified in the schedule below is needed or is likely to be needed for a public
purpose, to wit for ………………,
Now, therefore, notice to that effect is hereby given to all whom it may
concern, in accordance with the provisions of sub-section (!) of section 4 of
the said Act.
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13. Schedule
District
Taluk Village or Amsom and Desom
(The extent given is approximate)
Serial No. Survey No. Description Extent
H. Are Sq. Meter
…………
Total
…………
By order of the Governor,
Secretary to Government. -
Form No. 3 (c)
[See Rule 6 (2)1
Form of composite notification to be issued by the Land
Acquisition Officer under sub-section (1) of section 4
and sub-section (4) of section 17
Notification
No......... Place........... Dated ........
Whereas the Government of Kerala have in notification No .............. dated
the............. appointed............. to perform the functions of a Collector under the
Land Acquisition Act, 1894 (Central Act 1 of 1894);
And whereas it appears to the said Collector that the land specified in the
schedule below is needed or is likely to be needed for a public purpose, to wit
for.........................................................................................................................;
Now, therefore, notice to that effect is hereby given to all whom it may
concern, in accordance with the provisions of sub-section (1) of section 4 of the
Land Acquisition Act, 1894 (Central Act 1 of 1894).
In view of the urgency of the case, the Board of Revenue under subsection
(4) of Section 17 of the said Act has directed that the provisions of sections 5 A
of the Act shall not apply to this case.
Schedule
District:
Taluk: Village or Amsom and Desom:
(The extent given is approximate)
Serial No. Survey No. Description Extent
H. Are Sq. Meter
……………
Total
……………
Land Acquisition Officer
13
14. Form 3 (d)
[See Rule 6 (3)]
Form of composite notification to be issued by Government under
sub-section (1) of Section 4 and sub-section (4) of Section 17
Notification
No..., Place... Dated...
Whereas in exercise of the powers conferred by clause (1) of Article 258
of the Constitution of lndia, the President has in Notification No. 12011/32/13/
84/LRD dated the 19th January, 1985 published as S.O. 33 (E) in Part II,
Section 3, sub-section (ii) of the Gazette of lndia Extraordinary, No. 28 dated
the 19th January, 1985 entrusted the Government of Kerala with their consent,
the functions of the Central Government under the Land Acquisition Act, 1894
(Central Act 1 of 1894) in relation to the acquisition of land for the purposes of
the union, in the State of Kerala;
And whereas, it appears to the Government of Kerala that the land
specified in the schedule below is needed or is likely to be needed for a public
purpose, to wit………;
Now, therefore, notice to that effect is hereby given to all whom it may
concern, in accordance with the provisions of sub-section (1) of section 4 of
the said Act.
Under sub-section (4) of section 17 of the said Act, the Government direct
that in view of the urgency of the case, the provisions of section 5 A of the Act
shall not apply to this case.
Schedule
District:
Taluk : Village or Amsom or Desom
(The extent given is approximate)
Serial No. Survey No. Description Extent
H. Are Sq. Meter
……………
Total
……………
By order of the Governor,
Secretary to Government
Form No. 4 (a)
[See Rule 7(1)]
Notice
No ....... Dated ............
Notice is hereby given that the land specified in the appended schedule and
situated in the village of …… in the taluk of in the District of …… is needed or
is likely to be needed for a public purpose, to wit for... in accordance with the
notification No …….. published, under sub-section (1) of section 4 of the Land
14
15. Acquisition Act, 1894 (Central Act 1 of 1894) at pages... of Part 1 of Kerala
Gazette dated ..................................................................... daily dated and daily
dated .................................................................................. All persons interested
in the said land are accordingly required to lodge before the at within 30 days
from the date of publication of the above notification, or the giving of this
public notice whichever is later a statement in writing of their objections, if any
to the proposed acquisition of the said land. Any objection statement which is
received after the due date or which does not clearly explain as to how the
objection is interested in the land is liable to be summarily rejected.
Schedule
Serial No. Survey No. Description Extent Name of Reputed
required Owners/Interested
in hecters Persons
Land Acquisition Officer
Form No. 4 (b)
[See Rule 7 (2)]
Notice
No.... Dated ............
Notice is hereby given that the land specified in the appended schedule and
situated in the village of............ in Taluk of ............ in the District of ................
is needed or is likely to be needed for a public purpose, to wit for ................ in
accordance with the notification No ..............published under sub-section( 1) of
section 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) at
pages .............. of Part I of Kerala Gazette dated............ daily dated ..................
and............... daily dated etc.
Schedule
Serial No. Survey No. Description Extent Name of Reputed
required Owners/Interested
in hecters Persons
Land Acquisition Officer
Form No. 4 (c)
[See Rule 8(1)
Notice
No ....... Dated............
Pursuant to the notice in respect of the acquisition of land mentioned in the
Schedule below, issued under sub-section (!) of section 4 of the Land Acquisition
Act, 1894 (Central Act 1 of 1894) and under sub-rule (1) or Rule 8 thereof,
objections have been received from the following persons:
(a) ..........................
(b)..........................
(c) ..........................
(d)..........................
15
16. 2. Notice is hereby given to the above objectors that their objections will
be enquired into by the……….at……….on………. when they will be at liberty
to appear in person or by pleader and to adduce any oral documentary evidence
in support of their objections.
3. Copies of the above objections are herewith forwarded to the **..........
...........who may file, on or before the date specified in paragraph 2 above, a
statement by way of answer to the objections and also depute a representative
to attend the inquiry.
Schedule
Taluk: District: Village:
(The Extent given is approximate)
Sy. No. Description Extent (in hecters)
Land Acquisition Officer
Place:
Date:
** Departmental Officer, or Local Authority as the case may be.
Form No. 5 (a)
[See Rule 8 (5)]
Form of Declaration to be Issued by the Government under Section 6 of
the Land Acquisition Act, 1984 when the acquisition is for the
purpose of Central Government under the ordinary clause.
Declaration
No ............... Dated ..............
Whereas in exercise of the powers conferred by clause (1) of Article 258
of the Constitution of India the President has in Notification No. 12011/32/13/
84/LRD dated the 19th January, 1985 published on S.O. 38(E) in Part II.
Section 3 sub-section (ii) of the Gazette of India Extraordinary No. 28 dated
the 19th January, 1985 entrusted the Government of Kerala with their consent,
the functions of the Central Government, under the Land Acquisition Act, 1894
(Central Act 1 of 1894) in relation to the acquisition of land for the purpose of
the Union in the State of Kerala;
And whereas under sub-section (1) of section 4 of the Land Acquisition
Act, 1894 (Central Act 1 of 1894) notification No……….dated the……….in
respect of the land specified in the Schedule below has been published as SRO
No………. in the Kerala Gazette No……….dated the……….
And whereas, the Government of Kerala are satisfied that the said land has
to be acquired for a public purpose.
Now, therefore, the Government of Kerala hereby declare under section G
of the Act that the land specified in the schedule below and measuring
……….hectares ……….ares be the same a little more or less, is needed, for a
public purpose, to wit……….and under section 7 of the said Act direct
the……….to take order for the acquisition of the land.
16
17. A plan of the land is kept in the Office of the ........ and may be inspected at
any time during Office hours.
Schedule
Taluk District Village or Amsom and Desom,
(The extent given is approximate)
Serial No. Survey No, Description Extent
Hectare Are Sq.m
……….……….
Total
……….……….
By order of the Governor,
Form No. 5 (b)
[See Rule 8 (5)]
Form of Declaration to be Issued by the Government under
Section 6 of the Land Acquisition Act, 1894 when the
acquisition is under the urgency clause
Declaration
No... Dated...
Whereas, in exercise of the powers conferred by clause (1) of Article 258
of the Constitution of India the President has, in notification No. 12011/32/13/
84/LRD dated the 19th January. 1985 published as S.O. 33 (E) in Part II.
section 3 sub-section (ii) of the Gazette of India Extraordinary No. 28 dated the
19th January, 1985 entrusted the Government of Kerala, with their consent, the
function of the Central Government under the Land Acquisition Act, 1894
(Central Act I of 1894) in relation to the acquisition of land for the purpose of
the Union in the State of Kerala;
And whereas under sub-section (1) of section 4 of the Land Acquisition
Act, 1894 (Central Act 1 of 1894) notification No………. date……….....in
respect of the land specified in the schedule below has been published as S.R.O.
No……….in the Kerala Gazette No……….dated the……….
And whereas, under sub-section (1) of section 17 of the said Act the
Government of Kerala have directed that in view of the urgency of the case the
provisions of Section 5 A of the Act shall not apply to the land specified, in the
schedule below;
And Whereas, the Government of Kerala are satisfied that the said land
has to be acquired for a public purpose;
Now, therefore, the Government of Kerala hereby declare under section 6
of the Act that the land specified in the schedule below and measuring……….
hecters………. ares be the same a little more or less, is needed for a public
purpose, to wit……….and under section 6 of the act, direct the……….to take
order for the acquisition of the land. Further, under sub-section (1) of
17
18. section 17 of the said Act the Government direct that the Collector may take
possession of the land on the expiry of fifteen days from the date of publication
of the notice mentioned in sub-section (1) of section 9 of the Act,
A plan of the land is kept in the office of the...... and may be inspected-at
any time during office hours.
Schedule
Taluk: District Village or
Amsom and Desom:
(The extent given is approximate)
Serial No. Survey No. Description Extent (in H/are).
By order of the Governor
Form No. 5 (c)
[See Rule 8 (5)]
Form of Declaration to be issued by the Secretary, Board of Revenue
under section 6 of the Land Acquisition Act, 1894 when the
Acquisition is under the ordinary clause
Declaration
No........... Dated the............
Whereas, under sub-section (!) of section 4 of the Land Acquisition Act,
1894 (Central Act 1 of 1894) Notification No dated .........in respect of the land
specified in the schedule below has been published;
And whereas the Board of Revenue is satisfied after considering the report
made by the Land Acquisition Officer under sub-section (2) of section 5 A of
the Land Acquisition Act, 1894 (Central Act 1 of 1894) that the land specified
in the schedule below has to be acquired for a public purpose;
Now, therefore, the Board of Revenue hereby declares under section 6 of
the Act, that the land specified in the schedule below and measuring……….
hecters……….ares, to be the same a little more or less, is needed for a public
purpose, to wit……….and under section 7 of the Act, direct the ……….to
take order for the acquisition of the land.
Apian of the land is kept in the office of the ..............and may be inspected
at any time during office hours.
Schedule
Taluk: District Village or Amsom and Desom:
(The extent given is approximate)
Serial No, Survey No, Description Extent
H. Are. Sq. m.
……….
Total
……….
Secretary,
Board of Revenue
18
19. Form No. 5 (d)
[See Rule 8 (5)]
Form of declaration to be issued by the Secretary, Board of Revenue
under section 6 of the Land Acquisition Act, 1894 when the acquisition is
under the urgency clause
Declaration
No............ Dated .................
Whereas, under sub-section (1) of section 4 of the Land Acquisition Act,
1894 (Central Act 1 of 1894) Notification No ........dated the............. in respect
of the land specified in the Schedule has been published...........
And whereas under sub-section (4) of section 17 of the Land Acquisition
Act, 1894 (Act 1 of 1894) the Board of Revenue has direct that in view of the
urgency of the case, the provision of section 5A of the said Act shall not apply
to the land specified in the schedule below;
And whereas, the Board of Revenue is satisfied that the said land has to be
acquired for a public purpose;
Now, therefore, the Board of Revenue hereby declares under section 6 of
the Act, that the land specified in the schedule below and measuring……….
hectares ……….ares; be the same a little more or less is needed for a public
purpose to wit and under section 7 of the Act direct the……….to take order for
the acquisition of the land. Further under sub-section (1) of section 17 of the
Act the Government direct that the collector may take possession of the land on
the expiry of fifteen days from the date of publication of the notice mentioned
in sub-section (1) of section 9 of the Act.
A plan of the land is kept in the office of the .......and may be inspected at
any time during office hours.
Schedule
Taluk: District Village or Amsom and Desom:
(The extent given is approximate)
Serial No. Survey No. Description Extent
H. Are. Sq. m.
Total
Secretary,
Board of
Revenue
Form No. 6
[See Rule 9 (2)]
Notification
No............ Place, dated ...............
Under sub-section (1) of section 48 of the Land Acquisition Act, 1894
(Central Act 1 of 1894) the Government of Kerala hereby withdraw from the
acquisition of the land/lands mentioned in the Schedule hereto annexed in
respect of which land acquisition proceedings were initiated by the issue of the
Notification No……….dated ……….under sub-section (1) of section 4 thereof
published. at page……….of part……….of the Kerala Gazette
19
20. dated……….and the Declaration No………. dated ………. under section 6 of
the said Act published at page……….of……….the Kerala Gazette
dated……….and……….
Schedule
District
Taluk Village:
SI.No. Sy. No. Description Extent
By order of the Governor
Secretary to Government
Form No. 7
[See Rule 9 (3)]
Draft form of agreement under the Land Acquisition Act, 1894 for the
acquisition of land for public purpose other than for the purpose
of State Government or Central Government
Articles of Agreement made this the ........ day of........... 19........... between
........... (here enter the name of the Institution/Association/Local Authority) ...
registered under .............and having its office at ............(hereinafter called "the
Bounden") of the one part and the Governor of Kerala (herein after called "the
Government") of the other part.
Whereas upon the application of the Bounden the Government have
agreed to acquire on behalf of the Bounden under the provisions of the Land
Acquisition Act, 1894 (Central Act 1 of 1894) the land described and alienated
in the schedule hereto annexed and situation
in……….Village……….Taluk……….District, it having been shown to the
satisfaction of the said Government that the proposed acquisition is needed for
the construction of a work likely to prove/useful to the public namely or
for a purpose calculated to promote and develop agricultural industry or co-
operation and whereas the said Government have called upon the Bounden to
enter into the agreement with the Government as hereinafter contained. Now
these presents witness and it is hereby agreed of and declared as follows:-
1. The Bounden shall deposit with the Collector (Land Acquisition
Officer) at the time of execution of the agreement or at any other date to be
fixed by the Collector (Land Acquisition Officer), the following amounts:-
(a) The estimated amount of compensation as may be provisionally fixed
by the Collector (Land Acquisition Officer), and the estimated amount of
establishment charges likely to be incurred by the Government in connection
with this acquisition to be provisionally fixed by the Collector (Land
Acquisition Officer).
(b) The decision of the collector (Land Acquisition Officer) regarding the
estimated amounts under this sub-clause shall be final and legally binding on
the Bounden.
2. After adjustment of the amount so deposited, the bounden shall pay to
the Government before the said land transferred to the bounden the excess, if
any, of the cost of the land as settled by the Collector (Land Acquisition
Officer)
20
21. or if reference is made to the Court by the final court of appeal all costs of
acquisition inclusive of all payments and allowances in respect thereof payable
under the said Act and all Court costs and Pleader's fee etc., incurred by the
said Government in defending the references, if any, made to the court as
aforesaid and on appeal or appeals filed in connection therewith and all costs,
pleader's fee etc., payable or paid by the said Government to the claimant in the
said matters and also of the amount of establishment charges incurred by the
Government as finally settled by the Collectors (Land Acquisition Officer), The
Government shall not be bound to give possession of the land until all the said
moneys have been paid and may withdraw from the acquisition and in case of
withdrawal in Bounden shall be liable to indemnify the Government against all
expenses incurred and damage sustained as a result of anything done by them
in the matter of acquisition till the date of withdrawal.
The decision of the Government regarding the amounts payable by the
Bounden upon such withdrawal shall be final and legally binding on the
Bounden. Upon such payment by the bounden the Government shall execute
and do all such acts, deeds, matters and things as may be necessary or proper
for effectively vesting the said land in the Bounden and giving the Bounden an
absolute title thereto subject to the payment of an assessment or ground rent as
hereinafter provided.
3. The terms upon which the said land shall be held by the Bounden are;
(a) that the land shall be used for the.......... ;
(b) That the Bounden shall pay to the Government annually the
appropriate assessment or ground rent, as the case may be, on land which shall
be liable to revision at any general revision of the land revenue assessment;
(c) that the Bounden shall not except with the previous sanction of the
Government, use the land for purpose other than that for which it is acquired;
(d) that the Bounden shall erect or provide the dwelling houses or
amenities directly connected therewith within a period of years from the date
of transfer of the land to it subject to the conditions and in the manner specified
below;
(e) the Bounden shall execute the work for the construction of which the
land is acquired within a period of. ........ years and maintain it subject to the
following conditions:-
(f) that the Bounden shall allow the public to use the work on following
terms:- (here enter the special clause if any, to be provided in each case on its
merit).
That in the event of the Bounden being wound up or in the event or failure
on the part of the Bounden to carry out the terms of agreement, that is to say....
the land shall be liable to resumed and taken back by the Government on
payment to the Bounden of the amount of the award as finally settled less the
30 per cent awarded for compulsory acquisition or estimated market value of
land at the time of resumption which ever shall be less and if there are any
buildings on the land the Government may at their option either purchase the
buildings on payment of their estimated value at the time or direct the Bounden
to remove the buildings at its own cost with him such time as may be allowed
by the Government.
21
22. That in the event of the voluntary relinquishment of the land by the
Bounden as not required for the purpose for which it was acquired the
Government may resume the land if it is required for a public purpose/or if they
consider that it should be returned to the original owner. If the Government
decide not to exercise this power and inform the Bounden accordingly, the later
may disposses of the land in any manner it likes. In the event of the resumption
of the land under this condition, the compensation payable to the Bounden shall
be the value of the land at the time of resumption whichever may be less
together with the value of the building and other improvements at the time of
resumption. If there are building on the land which the Government do not
require the institution shall remove them at its cost;
(g) that the Government shall have the right to resume the land if the
Bounden does not use the land for the purpose for which it was acquired within
a period of year or such period as further extended by the Government to be
reckoned from the date on which the Bounden was placed in possession of the
land;
(h) that the Bounden shall allow any officer of the Land Revenue
Department not below the rank of a Village Assistant, whenever, required to
enter upon the land for the purpose of verifying whether matters provided for in
the agreement have been complied with.
4. All the costs and expenses of, and incidental to the preparation and
execution of this agreement excluding stamp duty but including costs of regis-
tration if registration is required by the Government shall be paid by the
Bounden.
5. All sums found due to the Government under or by virtue of this
agreement shall be recovered from the Bounden and its properties movable and
immovable, as if such sums are arrears of land revenue under the provisions of
the Kerala Recovery Act, 1968 and in such other mariner as the Government
may deem Fit.
In witness where the seal of the Bounden hath hereunto been affixed and
the indenture executed for land on behalf of the Bounden by ... and Sri .............
by order and direction of and acting for and on behalf of the Governor of Kerala
hath hererunto set their hands the day and the year first above written.
(Here enter Schedule above referred to)
Registration District:
Sub District:
Name of Village and Town:
Description of land-wet or dry with Sy. Nos.
Boundries and area etc..
Signed by Sri ...........
{in the presence of witnesses)
Witnesses: 1.
2.
Signed by Sri
(in the presence of witnesses)
1.
2.
22
23. Form 8
[See Rule 10 (2)].
Valuation of Statement of Lands Proposed to be Acquire for…………
SL.No Taluk Village Survey Tenure Classification Land
Sub division
No. or letter
Are under Rate per Amount
acquisition H.Are of
Hect.Are Sq.M. estimated
Rs.P Compens
ation
Rs.P
(1) (2) (3) (4) (5) (5a) (6) (7) (8)
Form No.8- (Contd.)
Trees Buildings
Description No Amount of Descri Amount of Total of 30% of Total Columns
estimated ption estimated Columns solatium on (14) +(15)
compensati compensation (8), (11) market value
on Rs.P Rs.P and (13) shown in
Rs.P column (14)
(9) (10) (11) (12) (13) (14) (15) (16)
Form No.8 -(Contd.)
Name of Pattadar Name of person in possession Remarks
(17) (18) (19)
Revenue Inspector Valuation Assistant Land Acquisition Officer
23
24. Form No. 9(a)
[See Rule 11 (1)]
Notice under section 9(1) of the Land Acquisition Act, 1894
(Central Act 1 of 1894)
Notice is hereby given that the Government intend to take possession of
the land mentioned in the list below, which is required for a public purpose
under the Land Acquisition Act, 1894(Central Act 1 of 1894). All persons
interested in the Land are required to appear in person or by authorised agent
on……………..before the…………. at…………..(Place) and to state/put in a
statement in writing signed by themselves or their agents, showing the nature
of their respective interests in the land, the amount and particulars of their
claims to compensation for such interests, in the land and their objections, if
any, to the measurements made under Section 8 of the Act.
Particulars of Land
Name of owner, occupier, or Description Survey Extent
other persons interested on the of land Number
District and Taluk
land or entitled to act for persons
so interested
Village
Place: Land Acquisition Officer
Date:
Form No. 9 (b)
[See Rule 11(2)]
Notice under section 9 (3) of the Land Acquisition Act, 1894
(Central Act 1 of 1894)
Notice is hereby given that the Government intend to take possession of
the land mentioned in the list below which is required for a public purpose
under the Land Acquisition Act, 1894 (Central Act 1 of 1894). You are hereby
required to appear in person or by authorised agent
on……………before……………at……………(place) and to state/put in a
statement in writing signed by you or your authorised agent showing the nature
of your interest in the land, the amount and particulars of your claim to
compensation for such interest and your objection if any, to the measurement
made under section 8 of the Act.
24
25. Particulars of the Land
District Name of owner, occupier,
or other persons interested Descriptio Survey Extent
Tuluk and n of land
in the land or entitled to act Number
Village H.A. Sq.M
for persons so interested
Place: Land Acquisition Officer
Date:
Form No. 10
[See Rule 12(1)]
Award
No.
Made by -
Under section 11 of the Land Acquisition Act, 1894 (Central Act 1 of 1894).
Whereas an extent of land measuring ............. and situated in the Village
of............ in the Taluk of. .............. in the District of. ................and registered in
the name of, or occupied by the persons specified below has been declared by
Government at page of. ..................... of the Gazette, Part ......................... dated
........................................................... daily dated ...................................... and
……………daily dated ..................... to be needed for the undersigned after full
enquiry into the case and on due consideration of the various circumstances
connected with the acquisition as hereto before set forth make the following
award under his hand:
(i) The true area of the land in hectares/ares
(ii) The compensation allowed for the land is Rs......as shown below:
(a) value of the land at Rs ........ per hectare/are
(b) value of improvements
(c) value of buildings, wells, crops, trees etc.
(c) market value of land (total of a, b and c)
(iii) increase on market value [item ii(d)] at 12 per cent per annum
under section 23 (1A) for the period ............
(iv) 30% solatium on market value [item ii (d)]
(v) Interest if any,
(a) at 9% (specify period)
(b) at 15% (specify period)
Total -[items (ii) (b) + (iii) + iv +v (a) and (b)]
District, Survey Extent Name of Registered
Taluk and Number holder or occupier
Village (2) (3) (4)
(1)
25
27. AND WHEREAS the owner and the interested persons further agree to
deduction of the total amount shown in the award, in case any or all of the said
thing(s) attached to the earth or permanently fastened to anything attached to
the earth is withdrawn with the prior approval of the Land Acquisition
Collector.
AND WHEREAS the owner and the interested persons further agree to
deduction of the amount to be mentioned in the said award in case they are
allowed to harvest the standing crop thereon by the Land Acquisition
Collector.
Now therefore, the owner or interested party of hereby agree with the
Governments as follows:-
(1) That the Land Acquisition Collector shall be competent to declare the
award as per terms of this agreement without any further enquiry which is
required to be held under the provisions of the Land Acquisition Act, 1894.
(2) If the Government as deems it necessary to take immediate possession
of the land under acquisition even though there is a standing crop on it the
Government will be entitled to do so provided that compensation for the
standing crop on it the Government will be entitled to do so provided that
compensation for the standing crop as shown in as per the award is paid.
(3) That the owner and the interested party shall not claim any amount in
addition to the amount agreed upon as aforesaid as compensation and accept it
without any protest.
(4) If it hereafter or after the payment of compensation as per the award
transpires that the owner and/or the interested party is not entitled at all or are
not exclusively entitled to the entire amount of compensation awarded by the
Land Acquisition Collector in terms of this Agreement in respect of the said
land/ lands as mentioned at the end, the Government is required to pay any
compensation to any other person, the owner and the interested parry shall on
demand refund to the Government the entire amount of money received by
them or such amount as may be determined by the Land Acquisition Collector
as refundable by them to the Government and shall also indemnify jointly and
severally the Government against any claim or compensation or part thereof by
any other persons and against all proceedings and liabilities of any loss or
damage suffered or any costs, charges or expenses incurred by Government by
reason of the payment to them and the owner and the interested party shall pay
the interest at the rate of 9% on the amount so refundable for the first year and
the rate of 15% for the subsequent years.
(5) If the owner/interested party fails to refund to the Government the
amount mentioned in the preceding Para, the Government shall have the full
right to recover the same as arrears of land revenue or to proceed under any
law in force for recovery of such amount.
27
28. (6) Without prejudice to any other remedies for the enforcement of any
refund or indemnity the Government may recover any sum determined and
certified by the Land Acquisition Collector to be due and payable by the owner
and interested party to the Government by way of refunded or otherwise under
these presents an arrear of land revenue.
(7) If any Government dues/shares/premium from this land/lands are
payable by the owner or interested party and the loans of any public financial
institutions are outstanding against the land/lands the same shall be deducted
from the said compensation amount that may be awardable under these
presents.
(8) The Government shall bear the stamp duty payable in respect of this
agreement
(Schedule of the land/lands)
Area ................................ acre/ha.
Village ...................
Taluk/Tahsil..........
District.
Crop Detail of Total
stan other compensati
ding things on payable
there attached to
on the earth
Details of lands if it is part
(showing four boundaries
Amount of compensation
Amount of compensation
person (s) whom payable
comprised on col. 1+2+3
hi f dj i i
Name and address of the
Compensation for land
of the survey number
d h f
Survey No.
(4+6+8)
Details
Details
Are
d
d
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Signed by the owner of the land and the interested party and the Acquiring
Authority on behalf of the Governor.
Land Owners /Interested Parties Government
1. Full name
2. Designation
3. Witness
1
2
3
28
29. 1
[FormNo.10 (aa)]
(See Rule 12 A)
Register of applications received and disposed of under section 28 A.
1. Serial No.
2. Date of application
3. Name of applicant (with address)
4. Detail of documents of evidence, if any
5. L.A. Case No.
6. No. and date of award under Section 11
7. LAR Case No. and date of award of Court onthe basis of which
enhancement claimed.
8. Date of issue of notice to the persons interested
9. Date of hearing
10. Nature of disposal
11. Date of approval of award under section 28A, by Competent Authority
12. No. and date of award under section 28 A
13. Amount awarded by enhancement and rate of land value
14. Whether court deposit, revenue deposit or payment to party
15. D form Cheque No, and date of issue
16. Date of payment of adjustment in the treasury
17. Date on which documents etc. are returned to the petitioner
18. Signature of the petitioner with date in token of having received back
documents etc.
19. Initial of Land Acquisition Officer with date
20. Remark regarding other mode of payment, if any]
Form No. 10 (b)
[See Rule 13 (1)1
Notice of Award under section 12 (2) of the Land Acquisition Act, 1894
(Central Act 1 of 1894)
Notice
The following award has been passed by the undersigned in the matter of
the acquisition of the lands noted below and situated in Village ..............
Taluk.…….
Survey Number Extent Amount Persons to whom
and sub. division awarded award is made
No Are Sq. M Rs.
I. Added by Noti. G.O. (P) No. 111/94/RD dt. 5-4-1994 pub. in K.G. Ex. No. 317 dt. 8-4-1994
as SRO 427/94.
29
30. You are hereby informed that you should appear either in person or by an
authorised agent before the undersigned on ... at...........and receive the amount
specified above, failing which the said sum of money will be kept in Revenue
Deposit and will bear no interest.
Place: Land Acquisition Officer
Date: Designation
1
[Form No. 10 (c)
[See Rule 12A]
Award
No.
Made by
Under section 28 A of the Land Acquisition Act, 1894 (Central Act 1 of 1894).
The amount of compensation awarded in L.A. Case No .............. by the under
signed in respect of the Scheduled landed property including improvements/
structures is re-determined in the name of the person/persons interested as
detailed below on the basis of the award of the Court in LAR Cases No.............
I. (i) The true area of the land in hectares/ares
(ii) Amount of compensation awarded by the Land
Acquisition Officer in L.A. Case No ...........
(a) Value of the Land at Rs .............. per hectare/ares
(b) Value of improvements
(c) Value of buildings, wells, crops, trees etc.
(d) Market Value of land (total of a, b and c)
(iii) Increase on market value [item No. ii (d)]
at 12 percent per annum under section 23 (I A)
for the period.............
(iv) 30 % solatium on market value [item No ii (d)]
II. (i) Amount of compensation awarded by the
Sub-Court................in LAR Case No ...........
(a) Value of land at Rs ... per hectares/ares
{b) Value of improvements
(c) Value of buildings, wells, crops, trees etc.
(d) Market value of land (total of a, b and c)
(ii) Increase on market value [item No. i (d)]
at 12" per cent per annum under section 23 (A) for the period .......
(iii) 30 % solatium on market value [item No. i (d)]
III. (i) The true area of the land in hectares/ares
(ii) The compensation re-determined for land is as shown below
(a) Value of the land Rs.......per hectare/are
1. Added by Noti. G.O. (P) No. 111/94/RD dt. 5-4-1994 pub. in K.G. Ex. No. 317 dt.
8-4-1994 as SRO 427/94.
30
31. (b) Value of improvements
(c) Value of buildings, wells, corps, trees etc.
(d) Market value of land (total of a, b and c)
(iii) Increase on market value [item No. ii (d)]
at 12% per annum under section 23 (1AJ
for the period .........
(iv) 30 % solatium on market value [item No. ii (d)]
District Taluk Survey No. Extent Name of registered
and Village holder or occupier
(D (2) (3) (4)
(v) (a) Amount of compensation already paid :
(b) Balance amount to be paid on re-determination :
(vi) The person or persons to whom the compensation is due :
SI. No. Name Rs. P
The undersigned certifies that notices have been promulgated or served on
the persons interested and that evidence for such promulgation or service forms
part of the record
Land Acquisition Officer]
Form No. 11
[See Rule 13 (2)]
Notice
No............
The following award has been passed by the undersigned in the matter of
the acquisition of the lands noted below and situated in Village .........................
Taluk...
Survey Number Extent Amount Persons to whom
and sub. division awarded Rs. award is made
No Are Sq. M
You are hereby informed that the amount shown above has been deposited
in the Treasury as Revenue Deposit.
Place:
Date:
Land Acquisition Officer.
Designation
31
32. Form No.11 (a)
[See Rule 14 (4)]
Stock Register of From D Cheques in the Office of the……….
Receipt into stock Issue from stock
Nos. Sl.No. of Sl.No.
Forms Date Nos. of
Forms
From To From To
Balance of Stock of receipt into stock or
Initials of the Land Acquisition Officer
From who received
issue from stock
Books
Books
Forms
Date
(1) (2) (3) (4) (5) (6) (7) (8) (9)
32
33. Form No. 12
[See Rule 15(3)]
(Notice of taking over possession of the land to all interested persons)
No........
To
Take notice that the below noted property has been acquired by
Government under the Land Acquisition Act, 1894 (Central Act, 1 of 1894)
for…………..as per notification in the Kerala Gazette dated…………..at
page…………..part…………..daily dated…………..and daily
dated…………..and that you should vacate and deliver possession of it before
the evening of the…………..to the…………..who has received necessary
instructions in the matter. If you fail to do so the …………..will be addressed to
enforce the surrender of the property to this Department under section 47 of the
Land Acquisition Act.
District Village Survey No. Extent
H.A.
Place:
Date: Land Acquisition Officer.
Form No. 13
[See Rule 15 (3)]
Notice of Intimation of taking over possession of the
property to requisition body
No, Office ............
Form
The Land Acquisition Officer
……………………………..
To
…………………………….
Reference: Acquisition of the land for. ..........
Sir,
With reference to the correspondence ending with........ letter No........ lam
to inform you that ..........hectares .......... ares of land have been acquired on be
half of your department.
Please arrange to depute an Officer of your department to take possession
of the land from the Revenue Inspector of………………
at………………on………………19………………If the property is not taken
over on the appointed date, watchers will be appointed to look after the
property at the cost of your department.
Yours faithfully,
Land Acquisition Officer.
33
34. Name and Designation of the
(1)
Officer who made the award
Date of award
(2)
Name of the sub district and
(3-a)
village
Name of the Land if any
(3-b)
Survey No. or Sub No.
(3-c)
34
North
(3-d)
Form No.14
[See Rule 15 (6)]
East
(3-e)
South
(3-f)
Form of intimation to Sub-Registrar
Name and Description of property acquired
West
(3-g)
Extent
(3-h)
Classification of land as wet, dry
(3-i)
or garden
35. Form No. 14 (Contd..)
Nature of the interest in Name and description of person to whom
immovable property transferred, the property belonged
the purpose, etc.
(4-a) (4-b) (4-c) (4-d) (5-a) (5-b) (5-c) (5-d) (5-e) (5-f) (6)
Note:- A copy of this return should be sent to every Sub Registrar in whose sub
district any portion of the property referred to in the award is situate.
35
36. Form No. 15
(See Rule 16)
Form for Reference to Court.
In the Court of the District/Subordinate Judge of …………………..
Reference made under section …………………. of Central Act 1 of 1894.
By whom referred (name and designation of the referring officers)
No.and date of reference
Sl.No……………………… of Award No……………. Dated………………
Village: Taluk:
Particulars of land Particulars Particulars of Date of
acquired of trees, Compensation Possession under
buildings, awarded under the Act
wells etc. section 11
Sy. No. Nature Extend
(1) (2) (3) (4)
Hect. Ares
Dry, Wet Land value
Garden Damages
or Inam 30% solatium
12% increase
Interest
Nature of persons interested Description and Address
(5) (6)
Reasons for reference
Schedule of information under clause (2) of section 19 attached in a separate
sheet.
Signature and Designation of the
Referring Officer
Form No.16
(See Rule 16)
Schedule of Information for reference to Courts
From Whom Date of Date of receipt Abstract of Remarks
statement statement
(1) (2) (3) (4) (5)
Date…………….19……………
Land Acquisition Officer
36
37. Form No. 17
(See Rule 16)
Form of schedule of information for reference to Courts
Description Date Name of When received How served
of Notice person
Notice under
Section 9 (3)
and 10 of the
Act
Notice under
Section 12(2) of
the Act
Date .............. 19 .............. Land Acquisition Officer
Form No. 18
(See Rule 17)
Cancellation Notice
The Government of Kerala cancels
The Land Acquisition Officer cancels the proceedings under the Land
Acquisition Act, 1894 (Central Act 1 of 1894), for the acquisition of the Land
specified below undertaken in pursuance of the notification under section 4 (I)
of the Land Acquisition Act published at page ............of Part ..................of the
Kerala Gazette dated.................... and .................... daily dated. ....................and
.............. daily dated ............... The Lands in question have since been found
to belong to the Government/devolved on the Government and no acquisition
proceedings are necessary or applicable.
District:
Taluk:
Village:
Description of Land with Survey Number
Secretary to Government
Designation of Land Acquisition Officer.
37