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    Saturday, 28 March 2015

    Award under Land Acquisition Act, 1984

    1. Introduction
    The word award has not defined in Land Acquisition Act 1984. The land acquisition officer is in no sense a judicial officer. The proceeding before him cannot be called legal progressing. He is engaged to make recompense under the land acquisition act. The jurisdiction of the gatherer is restricted. He practices the executive and administrative power. The grant can't be authorized as decree of the court.

    2. Relevant Provisions
    Section 4 to 12 of the land acquisition act, 1894 deal with the procedure of making an award.

    3. Meaning of Award
    The decision or determination rendered by arbitrators or commissioners or other private or extra-judicial deciders, upon a controversy submitted to them, also the writing or document emplying such decision. (Black’s Law Dictionary)

    4. Contents of Award

    Following are the essential contents of the award

    (i) Area of Land
    The award must contain true and measured area of the land.

    (ii) Amount of Compensation
    The award must contain amount of compensation.

    (iii) Apportionment of compensation
    The award must contain apportionment of compensation.

    (iv) Signature of collector
    The award must be signed by the collector making the same.

    5. Procedure or steps taken by Land acquisition officer / collector before making award

    These are the steps taken by the land acquisition officer/collector before making award.

    (i) Publication of Preliminary Notification
    Whenever, it appears to the provincial government that land in the locality is needed or is likely to be needed for any public purpose, a notification to effect shall be published in the official Gazette.

    (ii) Collector to cause public notice at convenient places section 4
    The collector shall cause publish notice of the substance of such notification to be given at convenient place in the said locality.

    (iii) Officer may enter upon the land section 4
    Thereupon it shall be lawful for any officer, either generally or specially authorized by such Government in this behalf and for his servants and workmen to enter upon any land in such locality.

    (iv) Power to dig or bore into sub sol section 4
    Thereupon it shall be lawful for any officer either generally or specially authorized by such Government in this behalf and for his servants and workmen to dig or bore in to the sub-soil.

    (v) Power to do all other necessary acts
    Thereupon it shall be lawful for any officer, either generally or specially authorized by such government in this behalf and for his servants and workmen to do all other acts necessary to ascertain whether the land is adapted for such purpose.

    (vi) Power to set out boundaries of Land
    Thereupon it shall be lawful for any officer either generally of specially authorized by such government in this behalf and for his servant and workmen 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.

    (vii) Power to mark level, boundaries and line
    Thereupon it shall be lawful for any officer either generally or specially authorized in this behalf by such Government and for his servants and workmen to mark such levels, boundaries and lines by placing marks and cutting trenches.

    (viii) Power to cut down any party of standing crop section 4
    Thereupon it shall be lawful for any officer, either generally or specially authorized by  such government in this behalf and for his servants and workmen, where otherwise the survey can not be completed and the levels taken and the boundaries and lines marked to cut down and clear away any party of any standing crop, fence or jungle.

    (ix) Payment of Damages; Section 5;
    The officer so authorized shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid.

    (a) Dispute as to the sufficiency of amount section 5;
    In case of dispute as to the sufficiency of the amount so paid or tendered he shall at once refer the dispute to the decision of the collector or other chief Revenue officer of the district and such decision shall be final.

    (x) Hearing of Objections section 5-A;

    (a) Period for raising objections
    Any person interested in any land which has been notified under section 4, sub section 1 as being needed or likely to be needed for a public purpose or for a company may, within thirty days after the issue of the notification, object to the acquisition of the land or of any land in the locality as the case may be.

    (b) Mode of objection
    Every objection under sub section 1 shall be made to the collector in writing.

    (c) Opportunity of being heard section
    The collector shall give the objector an opportunity of being heard either in person or by pleader.

    (d) Submission of case for the decision of provincial government
    After making such further inquiry, if any, as he thinks necessary, submit the case for the decision of the provincial government, together with the record of the proceedings held by him and a report containing his recommendations on the objections.

    (e) Final Decision
    The decision of the provincial government on the objections shall be final.

    (f) Meaning of term person interested
    For the purpose of this section a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation of the land were acquired under this act.

    Conclusion

    To conclude that award is decision of land procurement officer. it is made in the wake of taking after the system in the land acquisition act. Any individual intrigued who is not fulfilled with award can seek remedy available under acquisition act.
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    Item Reviewed: Award under Land Acquisition Act, 1984 Rating: 5 Reviewed By: Usman Ali
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