LAND ACQUISITION

General

Lands may be required for any “Public Purpose” as defined under section
3(f) of the Land Acquisition Act, 1894 under Part II and for a “Company” as
defined under section 3(e) of the said Act, under Part VII of Land Acquisition Act,
Lands will be acquired under Part VII for a Government Organisation.

I (a) Acquisition of Land for Both State and Central Government

i) Lands are acquired for various projects and schemes implemented by

Central and State Governments under Land Acquisition Act, 1894
(Central Act I of 1894).
ii) Government departments / Government undertakings, required lands
for public purpose. They apply to Government for allotment of
Government lands. When such Government lands are not available
patta lands are acquired under the Land Acquisition act, 1894 (Central
Act I/1894) for Public purpose. This is a Central act enforced by all the
states read with the amendments if any made by the respective state
Governments.

I (b) Purchase of Land

The Lands can also be purchased through Private negotiation by following

the procedures prescribed in G.O.Ms.No. 885, revenue DT.21.9.95 read with
G.O. Ms.No.1246, Revenue, Dated.22.11.96.

I (c) Acquisition for Private Institution

No land shall be acquired under Part VII except for the purpose mentioned
in clause (a) of Sub-section (1) of section 40, for a “Private Company” which is
not a Government Company. “Private Company” and “Government Company”
shall have the meaning respectively assigned to them in companies Act, 1956
(Act I/1956).

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I (d) Private Negotiation

Two negotiation committees have been formed one at the District level
and another at the State level. The Collector and the Special Commissioner of
Land Administration respectively will be the Chairman of Committee.
The District level Committee shall negotiate the price for acquisition, which
shall be less than or equal to 100% of the market value + solatium allowed upto
50 % (or the guideline value) of the Land whichever is lower and pass award,
where the total value of the lands shall not exceed Rs.20 lakhs.
In the cases where the total cost exceeds Rs.20 lakhs, the District level
Committee shall send the proposals to the State Level Committee for a decision.
If the value decided by the Committee per acre exceeds 150% of the
market value / guideline value, specific orders of the Government should be
obtained.
(G.O.Ms.No.885, revenue Department, Dated.21.9.1995 read with
G.O.Ms.No.1246, Revenue Department, Dated.22.11.1996)
It is not advisable to accept gifts of lands. Instead, the land may be
acquired and the land owner advised to contribute the compensation amount
awarded by the Land Acquisition Officer for the purpose for which the land is
proposed to be utilised. (RSO 90 2(ii)).

Selection of Site

The lands required are subject to following restrictions:-

1. Wet lands should be avoided as far as possible. Specific orders of the
Government should be obtained for acquisition of wet lands.
(G.O.Ms.No.2135, Revenue Department, Dated 24.9.79,
G.O.Ms.No.395, Revenue Department, Dated 23.6.1994,
G.O.Ms.No.363, Revenue Department, Dated 28.4.1995)

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 2. Dry lands benefited from the irrigation projects should be considered
on wet lands for purpose of acquisition (G.O.Ms.No.395, Revenue
Department Dated 23.6.1994)
3. Temple Patta lands should be avoided as far as possible. Details
required on these should be furnished. (G.O.Ms.No.1630, Revenue
Department Dated.26.9.94, G.O.Ms.No.814, Revenue Department
Dated 3.9.1993, G.O.Ms.No.363, Revenue Department, Dated
28.4.1995).
4. Lands held by small farmers should be avoided. (G.O.Ms.No.1339,
Revenue Department, Dated 13.11.1991)
5. Farmer owning two acres or less shall be a small farmer.
(G.O.Ms.No.1339,Revenue Department, Dated 13.11.1991)
6. Lands held by Adi-Dravidar / Scheduled tribes should be avoided.
(G.O.Ms.No.2078, Revenue Department, Dated 27.12.1984,
G.O.Ms.No.363, Revenue Department, Dated 28.4.1995)
7. Lands lying low should be acquired only for these purposes for which
low lying areas are needed. In other cases, it should be avoided
(G.O.Ms.No.43, Revenue Department, Dated 17.3.1987)

Staff for Acquisition

1. Special staff will be sanctioned as per the norms prescribed in this

behalf. (G.O.Ms.No.285, Revenue Department, Dated 10.2.1966,
G.O.Ms.No.2556, Revenue Department, Dated 10.12.1975,
G.O.Ms.No.205, Revenue Department, Dated 10.3.1993.)
2. The Special Officer appointed for acquisition shall be under the control
of the District Collector in which he is working RSO (90.41(I)).
3. The cost of establishment is recoverable in all cases (whether done by
regular staff of special staff) as in Para 31 (C) of R.S.O. 90. (GOMs.
No.2191 Revenue Department Dated 3.8.72 read with GO.Ms.No.
1010, Revenue Department, Dated 22.9.92)

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ii) Requisition

The requisitioning body (whether it is a Government Department or

Government undertaking or Company) shall send a requisition to the Collector of
the District in the form prescribed (appendix XII Form I to R.S.O.90). The
requisitioning body / Department must enclose combined sketches, individual
sketches where part fields are involved etc., The requisitioning body /
Department must also furnish a copy of an administrative order sanctioning the
acquisition and shall furnish a certificate for the availability of funds. In case wet
lands are involved, period permission of the Government to acquire them should
have been obtained. When lands are registered for Revenue Department the
Collector shall himself may take action either of his own notion or under orders of
the Commissioner of Revenue Administration / Government based on the
administrative sanction of the scheme issued by the Government.

b. On receipt of the requisition, the Collector shall decide the officer to

whom the work should be entrusted. It could not be decided immediately, he
shall ask the Tahsildar concerned to initiate action to acquire the lands. The
Land Acquisition may be for a big project. It is possible that special staff would
have been appointed earlier and the work should be entrusted to them.

iii) Preparation of 4(1) Notification

The Land Acquisition Officer shall arrange simultaneously for the

preparation of copies of village accounts and also to gather sales statistics for a
period of three years to fix the tentative value of the land. Though this is a
tentative value, all efforts should be taken to decide and fix a reasonable value.
He must also address the Assistant Commissioner (Land Reforms) concerned
and obtain a certificate to the effect the lands are not attracted by the provisions
of Tamil Nadu Land Reforms (Fixation of Ceiling Limits) Act, 1961. The draft
notification under subsection (1) of section 4 should be prepared in the
prescribed format depending upon the requisitioning authority. Detailed report
along with the copies of Village accounts, sketches document relied upon to fix

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the tentative market value, copy of order sanctioning the requisition, should be
sent with the notification both in English and Tamil. Further if any of the
instruction / restrictions could not be followed the reasons should be explained
along with remedial measures, if any.

On receipt of the report of the Tahsildar with 4(1) notification, the Collector
will decide whether the Tahsildar/Revenue Divisional Officer to act as the Land
Acquisition Officer depending upon monetary limit prescribed. The District
Collector is empowered to approve the notification under section 4(1) if the extent
required does not exceed 40 (forty) acres, the value of which does not exceed
Rs.25 lakhs and order the publication of the notification in the District
Gazette./local dailes / locality. The Commissioner of Land Administration is
empowered to approve 4(1) notification in respect of lands not exceeding 75
acres, the value does not exceed Rs.50 lakhs and order publication in the
Tamilnadu Government Gazette/Local dailies / locality (Act No.43 of 1999).

The Government of the Administration Department concerned will approve

the 4(1) notification in all other cases.

The 4(1) notification shall be published as follows:-

1. In the District Gazette or the Tamil Nadu Government Gazette as the
case may be.
2. In two prominently daily newspapers will be published in the area,
where lands are acquired.

3. In the locality.
The Three modes of publication may be proceeds each other.
The contents of the 4(1) notification should be published widely in the
village. The three modes of publication of 4(1) notifications shall be completed
within a period of 60days. This period of 60 days shall be calculated from the
date of verified publication of notification in the gazette or newspaper or locality
whichever is earlier. (L.A.(Tamilnadu Amendment) Act, 1996

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 After the publication of notification under sub-section (1) of section 4, the
officer appointed as Land Acquisition Officer shall arrange to enquire into
objections, if any, received in accordance with the existing rules, Land
Acquisition officer must served an approved copy of the 4(1) notification to the
relevant pattadars mentioned in it.

Each of the land owner should file objections within 30 days from the last
date of the publication of the 4(1) notification. The Land Acquisition Officer shall
receive the objections, consult the requisitioning body and obtain their remarks.

The Land Acquisition Officer shall compare the notification published in

the Gazette. He shall arrange to send amendment or errata, if needed. However
he may continue the process of enquiry, if the mistakes are not factual but minor
in nature. In other cases, he must get the amendment / erata approved and
published in the Tamilnadu Government Gazette / local dailies.

As far as the mistakes in the newspapers are concerned, the newspaper

is to publish the errata free of cost, if the mistakes has crept in at the press.

The Land Acquisition Officer must also inspect the lands under
acquisition, if the 4(1) notification is published after the long interval of the date of
previous inspection to avoid any omission of structures coming up later but not
accounted for in the 4(1) Notification. He must also see preparation of field
sketches their scrutiny for all the fields and decide the exact area to be acquired
in the case of part fields. These records should be available with him at the time
of 5A enquiry.

5A ENQUIRY : He shall then issue a notice in Form 3A to all land owners

fixing the date of enquiry. According to rules a clear 30 days interval is
necessary between the date of publication of Notification under section 4(1) and
the date of enquiry under section 5A. At the same time there should be clear
interval is 15 days from the date of service of the notice and the date so fixed for
5A enquiry. The requisitioning body shall depute a representative at the time of
enquiry. The objection petitions received upto and on the date of enquiry shall

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be considered. He shall obtain the views of the requisitioning body on the
objections on or before the date fixed for enquiry and further furnish copies of
such remarks to the petitioner and to hold enquiry in accordance with provisions
contain in the Land Acquisition Act, 1894 (Central Act I/1894) read with rule (Viz),
The Land Acquisition (Tamilnadu) Rules” (vide GO Ms No.892, Revenue
11.6.91). He shall hear the land owners if they desires so.

The Land Acquisition Officer may receive objection petitions even after the
date of enquiry. Such petition shall also be sent to the Government through the
Commissioner of Land Administration. He need not in such cases observe the
formalities specified in the section 5A if the Land Acquisition Act and as provided
in the Land Acquisition (Tamilnadu) Rules vide GOMs No.892, Revenue
Department dated 11.6.91.

The Land Acquisition Officer shall not pass any order on the request of the
land owners. But he shall record his views and report them to the authority
approving the Draft Declaration under section 6.

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