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Land acquisition rules

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Kerala Land Acquisition Rules 1990 uploaded by T. James Joseph, Adhikarathil,Kottayam.(T, J Joseph,Deputy Tahsildar)
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*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. 1
Transcript
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*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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(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) 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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(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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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.

1[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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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. 1 [(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.

2[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.

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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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(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.

1[(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

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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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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.

1[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.

2[(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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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.

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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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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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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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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

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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

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Page 15: Land acquisition rules

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)..........................

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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.

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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

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Page 18: Land acquisition rules

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

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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

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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)

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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.

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Page 22: Land acquisition rules

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.

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Form 8 [See Rule 10 (2)].

Valuation of Statement of Lands Proposed to be Acquire for………… SL.No Taluk Village Survey

Sub division No. or letter

Tenure Classification Land

Are under acquisition Hect.Are

Rate per H.Are Sq.M. Rs.P

Amount of estimated Compensation Rs.P

(1) (2) (3) (4) (5) (5a) (6) (7) (8)

Form No.8- (Contd.) Trees Buildings

Description No Amount of estimated compensation Rs.P

Description

Amount of estimated compensation Rs.P

Total of Columns (8), (11) and (13) Rs.P

30% of solatium on market value shown in column (14)

Total Columns (14) +(15)

(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

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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

Dis

trict

and

Tal

uk

Vill

age

Name of owner, occupier, or other persons interested on the land or entitled to act for persons so interested

Description of land

Survey Number

Extent

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.

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Particulars of the Land

District Tuluk and Village

Name of owner, occupier, or other persons interested in the land or entitled to act

for persons so interested

Description of land

Survey Number

Extent

H.A. Sq.M

Place: Date:

Land Acquisition Officer

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, Taluk and Village

(1)

Survey Number (2)

Extent

(3)

Name of Registered holder or occupier (4)

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Page 26: Land acquisition rules

(vi) The persons or person to whom the compensation is due. Serial Number______________Name_________________Rs. P.

The undersigned certifies that: (a) notices have been promulgated or served in accordance with section 9

of the Land Acquisition Act and that evidence for such promulgation or service forms part of the record.

(b)There is a plotted plan of the land or lands to be acquired. Land Acquisition Officer.

Form No. 10 (a) [See Rule 12 (5)]

Agreement to be executed when land is acquired for public purposes by agreement between the persons interested and the Acquiring body An agreement made this ............day of. ...........19 .............between .............

hereinafter called the 'Owner' (which expression shall unless repugnant to the context or meaning thereof include his heirs, executors and administrators) and ................ hereinafter called the 'Interested Party1 (which expression shall unless repugnant to the context or meaning thereof include their successors and assignees (to be scored out if there is no interested party) on the one part and the Governor of Kerala acting through…………… hereinafter called the 'Government' on the other part.

AND WHEREAS the right, title and interest of the owner/owners and the interested part/parties in the following land/lands hereinafter called the 'said land/lands' is/are as specified below:

(a) Owner/owners being the absolute owner/owners of the property or having an interest therein capable of leading to ownership ultimately, hereinafter mentioned and hereby conveyed in the following shares, that is to say:

(1).............................. s/o ........................... share ........................... (2).............................. s/o ........................... share ........................... (3).............................. s/o ........................... share ........................... (b) Where the land/lands are held by the interested party/parties under

the owners named herein above with respective terms and nature of interest: (1)...,......... s/o ..................... Define term and nature of interest .............. (2) ............ s/o ..................... Define term and nature of interest .............. (3) ............ s/o ...................... Define term and nature of interest .............. (To be scored out if there is no interested party) AND WHEREAS the said land/lands have been notified for acquisition

under section 4 of the Land Acquisition Act. 1894, under Notification No........ dated...........published on.................

AND WHEREAS the owner and the interested party agree to refer the matter to the reference of the Collector and to accept the award to be made thereon as compensation payable under section 23 of the Land Acquisition Act including additional amount ©12% under sub-section (1AJ solatium @ 30% under subsection (2) thereof for the said land/lands and also agree to apportion the same between themselves as stated in detail at the end.

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Page 27: Land acquisition rules

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.

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Page 28: Land acquisition rules

(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 standing thereon

Detail of other things

attached to the earth

Total compensation payable

Surv

ey N

o.

Are

Det

ails

of l

ands

if it

is p

art

of th

e su

rvey

num

ber

(sho

win

g fo

ur b

ound

arie

s d

hif

dji

iC

ompe

nsat

ion

for l

and

com

pris

ed o

n co

l. 1+

2+3

Det

ails

Am

ount

of c

ompe

nsat

ion

Det

ails

Am

ount

of c

ompe

nsat

ion

(4+6

+8)

Nam

e an

d ad

dres

s of t

he

pers

on (s

) who

m p

ayab

le

dd

hf

(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

12 3

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Page 29: Land acquisition rules

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 and sub. division No

Extent Are Sq. M

Amount awarded Rs.

Persons to whom award is made

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

Page 30: Land acquisition rules

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

Page 31: Land acquisition rules

(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 and sub. division No

Extent Are Sq. M

Amount awarded Rs.

Persons to whom award is made

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

Page 32: Land acquisition rules

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

Forms

Date

Nos.

Sl.No.

of

Forms

From To From To

Dat

e

From

who

rece

ived

Boo

ks

Form

s B

ooks

Bal

ance

of

Stoc

k of

rec

eipt

int

o st

ock

or

issu

e fr

om st

ock

Initi

als o

f the

Lan

d A

cqui

sitio

n O

ffic

er

(1) (2) (3) (4) (5) (6) (7) (8) (9)

32

Page 33: Land acquisition rules

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

Page 34: Land acquisition rules

Form No.14

[See Rule 15 (6)]

Form of intimation to Sub-Registrar

Name and Description of property acquired

Nam

e an

d D

esig

natio

n of

th

e

Off

icer

who

mad

e th

e aw

ard

Dat

e of

aw

ard

Nam

e of

th

e su

b di

stric

t an

d

villa

ge

Nam

e of

the

Land

if a

ny

Surv

ey N

o. o

r Sub

No.

Nor

th

East

Sout

h

Wes

t

Exte

nt

Cla

ssifi

catio

n of

lan

d as

wet

, dr

y

or g

arde

n

(1) (2) (3-a) (3-b) (3-c) (3-d) (3-e) (3-f) (3-g) (3-h) (3-i)

34

Page 35: Land acquisition rules

Form No. 14 (Contd..) Nature of the interest in

immovable property transferred,

the purpose, etc.

Name and description of person to whom

the property belonged

(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

Page 36: Land acquisition rules

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 acquired

Particulars of trees, buildings, wells etc.

Particulars of Compensation awarded under section 11

Date of Possession under the Act

Sy. No. Nature Extend (1) (2) (3) (4) Hect. Ares

Dry, Wet Garden or Inam

Land value Damages 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

Page 37: Land acquisition rules

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

Page 38: Land acquisition rules

Form No.19 (See Rule 18)

Special Register of Land Acquisition cases.

Seria

l No.

Dat

e of

Req

uisi

tion

Dep

artm

ent

from

whi

ch t

he r

equi

sitio

n ha

s bee

n re

ceiv

ed

Purp

ose

of a

cqui

sitio

n

Dat

e of

sub

mis

sion

of

the

notif

icat

ion

unde

r sec

tion

4 (1

)

Dat

e of

the

publ

icat

ion

of th

e no

tific

atio

n in

the

Off

icia

l Gaz

ette

/dai

lies

No.

and

dat

e of

the

lette

r su

bmitt

ing

the

draf

t dec

lara

tion

unde

r sec

tion

6

Dat

e of

the

pub

licat

ion

in t

he O

ffic

ial

Gaz

ette

/dai

lies

of t

he d

ecla

ratio

n un

der

Dat

e of

sub

mis

sion

of

deta

iled

valu

atio

n st

atem

ent

Dat

e of

app

rova

l of

det

aile

d va

luat

ion

stat

emen

t

Dat

e of

the

awar

d

Seria

l N

o.

and

date

of

th

e aw

ard

stat

emen

t

Dat

e of

taxi

ng p

osse

ssio

n

Dat

e of

com

plet

ion

of p

roce

edin

gs a

nd

clos

ing

of th

e fil

e.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Note:- Column (7) The letter should be given a R.Dis Number

Column (8) The Government or Boards Order ordering the publication of the declaration should be given a separate current number which should be entered within brackets in this column.

38

Page 39: Land acquisition rules

Form No.20 (See Rule 18)

Award Register (Register showing payment of compensation in Land Acquisition Award in the Office of the ……..)

Aw

ard

No.

and

dat

e

Am

ount

pla

ced

at t

he d

ispo

sal

of t

he L

.A.O

ffic

er b

y th

e R

equi

sitio

ning

Dep

artm

ent

Seria

l No.

in th

e aw

ard

stat

emen

t

Tota

l am

ount

of c

ompe

nsat

ion

awar

d

Whe

ther

Cou

rt D

epos

it, R

even

ue D

epos

it or

pay

men

t to

pa

rty

D F

orm

Che

que

No.

Dat

e of

issu

e of

D.F

orm

Che

que

Dat

e of

pay

men

t or a

djus

tmen

t in

the

Trea

sury

Initi

al w

ith d

ate

of th

e L.

A O

ffic

er

Rem

arks

in th

e ca

se o

f am

ount

sent

by

M.O

s, St

ate

the

date

of

rece

ipt o

f pos

tal a

ckno

wle

dmen

t and

in re

spec

t of C

ourt

refe

renc

e st

ate

the

No.

of L

.A. O

Ps. (

L.A

. Rs.)

How

bal

ance

am

ount

(di

ffer

ence

bet

wee

n co

l.2&

4 ha

ve

been

dis

pose

d of

1 2 3 4 5 6 7 8 9 10 11 Note: - In respect of awards in which compensation is deposited by private institutions or local bodies amount deposited should be noted in red ink with chalan number and date before entries relating to the award are made.

39

Page 40: Land acquisition rules

Form No.21

(See Rule 18)

Register of Land Acquisition Suits Se

rial N

o.

Sl.N

o.of

land

acq

uisi

tion

case

s in

the

spec

ial r

egis

ter

form

(8) D

esig

natio

n of

Lan

d A

cqui

sitio

n O

ffic

er.

Det

ails

of l

and

acqu

ired

Talu

k, V

illag

e, S

urve

y N

o.

and

area

Dep

artm

ent a

nd p

urpo

se fo

r w

hich

land

acq

uire

d.

No.

and

dat

e of

aw

ard,

Tot

al

amou

nt o

f com

pens

atio

n an

d ra

te o

f lan

d va

lue.

Dat

e of

app

licat

ion

for

refe

renc

e to

Cou

rt or

dat

e of

su

it (in

the

case

of o

rigin

al

suits

on

land

acq

uisi

tion

proc

eedi

ngs)

Nam

e of

app

lican

t (w

ith

addr

ess)

and

the

nam

e an

d ad

dres

s of A

dvoc

ate

of a

ny.

1 2 3 4 5 6 7

Form No.21- (Contd,)

No.

and

dat

e of

Col

lect

or re

fere

nce

in

whi

ch th

e ca

se w

as re

ferr

ed to

cou

rt

Nam

e of

the

Cou

rt an

d N

o. o

f the

suit/

OP/

LAR

Nam

e of

the

Gov

ernm

ent P

lead

er e

ngag

ed

for d

efen

ding

the

case

on

beha

lf of

Gov

ernm

ent

Dat

e on

whi

ch w

ritte

n st

atem

ent o

r

coun

ter a

ffid

avit

filed

Dat

e on

whi

ch e

vide

nce

addu

ced

in c

ourt

Dat

e of

hea

ring

Dat

e of

dec

isio

n of

the

cour

t and

the

gist

of th

e de

cisi

on

8 9 10 11 12 13 14

40

Page 41: Land acquisition rules

Form No.210 (Concld.)

Seria

l Num

ber

Dat

e of

rece

ipt o

f cla

im p

etiti

on

Nam

e of

pet

ition

er w

ith a

ddre

ss

Sl.N

o. o

f L.A

cas

e o

spec

ial r

egis

ter i

n Fo

rm N

o.18

Nat

ure

of c

laim

Det

ails

of d

ocum

ents

of e

vide

nce,

if a

ny p

rodu

ced

Dat

e on

whi

ch re

ceip

t of d

ocum

ents

etc

, is a

ckno

wle

dged

No.

and

dat

e of

aw

ard

Dat

e on

whi

ch d

ocum

ents

etc

. are

retu

rned

to p

etiti

oner

Sign

atur

e of

pet

ition

er w

ith d

ate

in to

ken

of h

avin

g

rece

ived

bac

k do

cum

ents

etc

,.

Initi

al o

f Lan

d A

cqui

sitio

n O

ffic

er w

ith d

ate

1 2 3 4 5 6 7 8 9 10 11

41

Page 42: Land acquisition rules

1[Form No.22A [See Rule 16 A]

Application for reference to Courts under sub-section (1) of Section 18 and sub. section (3) of Section 28A of the Land Acquisition Act,1894. [To be filled in triplicate]

1. Name and address of Applicant/s 2. Land Acquisition Case No. 3. Award No.and date of award under Section 11. 4. Amount of compensation awarded. 5. Date of receipt of notice of award in Form No.10 (b) by the Applicant/s 6. Date of receipt of compensation by the Applicant/s 7. Whether the compensation amount was received under protest or not. 8. Ground on which objection to the awards is filed. (Used additional sheets if

necessary) 9. If the application is under sub-section (3) of Section 28A give the following details

also: (1). No.and date of Award under sub-section (2) of Section 28A of the Act. (2). Whether the compensation was redetermined. (3). Whether protest was recorded on the decision of the Collector. (4). Grounds on which the objection to the Awards is filed.

Signature of the Applicants Place: Date: Acknowledgement I, hereby acknowledge the receipt of application filled by Shri/Smt………………The

same has been entered in the register of reference applications as Serial No………………….

1[Form No.23 [See Rule 18]

Register of Reference Applications

1. Serial Number. 2. Name and address of the applicant/applicants 3. Serial Number in the Register of land acquisition suits in Form No.21. 4. Award number and date of award under Section 11/28A of the Act. 5. The date of service of notice of award. 6. Amount of compensation and date of payment 7. Whether the payment was received under protest. 8. The date and time on which reference application under Section18/28A(3) of the

Act has been filed. 9. Signature of the Land Acquisition Officer with date and time. (Entries for the day

should be closed on the day itself with an abstract mentioning the total number of application received and last serial number in the register and attested by the Land Acquisition Officer with his full signature and Office Seal.)

10. The date and time on which the reference application under Section 187/28A (3) of the Act has been referred to Court.

11. The date on which case was referred to Court under Section 30,31 (2), 35(3) of 37 of the Act.

Signature of the Land Acquisition Officer] 1. Added by Noti.G.O.(P) No.105/99/TD dt.29-03-1999 pub.in K.G. Ex.704 dt.6-4-1999 as

SRO 322/99.

42

Page 43: Land acquisition rules

Form ‘A’

[See Rule 12 (2)] Statement showing the compensation awarded on account of lands taken up

for…………….No.and date of Statement…………….. Date of award…………..

Name of work for which land has been acquired………………..

No.and date of declaration under section 6of L.A. Act 1894 (Central Act 1 of

1894) in the Kerala Gazettee.

No………………

Date…………………….Part…………………..Page………………..

Statement showing the compensation awarded by …………..under

section…………….of Land Acquisition Act, 1894 all persons interested in the

plot…………………..

Land situated in the Village of ……………… Taluk…………District……………

Serial Number

Name of persons to whom payment is due under the award

Survey Number

Area of land

Abatement of Land Revenue

Valuation of any buildings taken up on the land

Hectares Areas 1 2 3 4 5 6 7

43

Page 44: Land acquisition rules

Form ‘A’- (Concld.)

Amount due to each person in Date on which possession of the

connection with the acquisition of the land land was handed

Amount awarded for the land including in the amount shown in column 6

Amount of interest if any

Other amount if any (purpose to be indicated)

Total 7 (a+b+c)

Distribution of the amount in Col.7 (d) taken from the subsidiary Statement B

Remarks No.and Date of voucher

Over to the Departmental authorities for whom it is acquired

Date of reference to the report

stating the date 7a 7b 7c 7d 8 9 10 11*

*To be filled up in the Accountant General’s Office.

Note:-1.Each award statement should be confined to the lands taken under one declaration

ie. the award given for the Land acquired under more then one declaration should

not be incorporated in one statement, but as many separate statement submitted ad

there are declarations.

Note:-2. Regarding column 8 see note to Form ‘B’.

Land Acquisition Officer.

44

Page 45: Land acquisition rules

Form ‘B’

[See Rule 13 (3)]

Particulars regarding the acceptance by the persons concerned of amounts

entered in Award Statement No……………..dated………..19……………

Name of work for which land has been acquired…………………. No.and date of declaration in Kerala Gazette No……….dated………….Part…….Page………

Particulars of amount entered in column 7 of the award statement

a b c d

Amount deposited in Court

Serial No. in the statement of award under section 11 of the Act

Name of person to whom payment is made under the award

Amount accepted without protest

Amount accepted under protest

Amount Court in which deposited

Reasons for deposit

Amount undisbursed owing to non-attendance and the Treasury in which it deposited

1 2 3

Rs.P Rs.P Rs.P Rs.P

Land Acquisition Officer.

Note:- In noting these particulars in the Award Statement, it may be sufficient to enter the

letter (a),(b),(c) or (d) as the case may be column 8 of the statement, when the

whole amount of the awards shown in one of the four sub columns (a), (b), (c) and

(d) in this statement.

45

Page 46: Land acquisition rules

Form ‘C’

[See Rule 13 (4)]

No. and date of statement …………………….

Name of work for which land has been acquired………………….

No.and date of declaration in Kerala Gazette, viz, No……….dated…………….

Part……………..Page………………..

Statement showing the amount of compensation awarded by the Court…………under

section 26 of the LA Act, 1894 (Central Act 1 of 1894)

Amount awarded by the Court

Sl.N

o. in

the

stat

emen

t of a

war

d un

der s

ectio

n 11

of t

he A

ct.

Nam

e of

per

sons

to w

hom

pa

ymen

t is d

ue u

nder

the

awar

d

Am

ount

orig

inal

ly a

war

ded

Am

ount

pai

d by

the

Land

A

cqui

sitio

n O

ffic

er u

nder

the

orig

inal

aw

ard

Am

ount

aw

arde

d fo

r the

land

in

clud

ing

the

valu

atio

n of

any

bu

ildin

g th

at m

ay b

e ta

ken

upon

w

ith la

nd

Am

ount

of i

nter

est i

f any

Oth

er a

mou

nts i

f any

(pur

pose

to

be

indi

cate

d)

Tota

l 5(a

)+5(

b)+5

(c)

Furth

er p

aym

ent d

ue

Rem

arks

No.

and

date

of v

ouch

er

1 2 3 4 5a 5b 5c 5d 6 7 8

Land Acquisition Officer

46

Page 47: Land acquisition rules

[Se

Head of account…

No.of voucher……

Name of Payee……

Sl.No……………

No………..Dated…

I…………………

……………………

do hereby acknow

Rs……………….

(in words)…………

on account of the c

improvements etc.

taken up by Gover

The signature of th

To

The Sub/Distric

………………

Passed for pay

(in words).

[Se

Head of account…

No.of voucher……

Name of Payee……

Sl.No………………

No………..Dated…

I……………………

……………………

do hereby acknow

Rs………………..

(in words)…………

on account of the c

improvements etc.

taken up by Gover

The signature of th

To

The Sub/Distric

………………

Passed for pay

(in words).

Form D

e Rule 14(3)]

………………

………………

……………..

…in Award

………..

…..

..

ledge to have received

.

………

ost of the land,

nment as detailed on reverse.

Signature of the payee.

e claimant attested

Land Acquisition Officer

t Treasury Officer

……………..

ment of Rs………..

Treasury Officer.

47

Form D

e Rule 14(3)]

………………

………………

……………..

in Award

………..

..

..

ledge to have received

………

ost of the land,

nment as detailed on reverse.

Signature of the payee.

e claimant attested

Land Acquisition Officer

t Treasury Officer

……………..

ment of Rs………..

Treasury Officer.

Page 48: Land acquisition rules

Details of la

Locality ……

Taluk………

Land………

Item

(a) Land (Inc

(b) Inte

(c) Othe

indicated

Details of la

Locality ……

Taluk………

Land………

Item

(d) Land (Inc

(e) Inte

(f) Othe

indicated

48

[Reverse of Form D]

nd, etc, and their value………

………. Village…………….

………… District……………

….Hectares……………Ares……..

Value

Rs.P

luding building) if any ………….

rest if any ………………….

r charges (purpose to be

)…….

……...

Total Rs. ………………

………………

[Reverse of Form D]

nd, etc, and their value………

………. Village…………….

………… District……………

….Hectares……………Ares……..

Value

Rs.P

luding building) if any ………….

rest if any ………………….

r charges (purpose to be

)…….

……...

Total Rs. ………………

………………

Page 49: Land acquisition rules

49

Form E [See Rule 13(2)]

Name work and of Department for which land has been acquired ……………… No.and date of declaration ……………. To The Officer in charge of………..Treasury please receive for transfer to credit of Revenue Deposits the sum of Rs………..on account ofcompensation for land taken up for the above purposepayable as detailed below: Serial No. Name of Area of Amount Remarks in award persons to land payable statement whom due to each No. Rs.P (1) (2) (3) (4) (5)

TotalDate: Land Acquisition Officer Received the above amount credited to Revenue Deposits

Treasury Officer.

Form E [See Rule 13(2)]

Name work and of Department for which land has been acquired ……………… No.and date of declaration ……………. To The Officer in charge of………..Treasury please receive for transfer to credit of Revenue Deposits the sum of Rs………..on account ofcompensation for land taken up for the above purposepayable as detailed below: Serial No. Name of Area of Amount Remarks in award persons to land payable statement whom due to each No. Rs.P (1) (2) (3) (4) (5)

TotalDate: Land Acquisition Officer Received the above amount credited to Revenue Deposits

Treasury Officer.

Page 50: Land acquisition rules

Form F

[See Rule 14(3)]

Name work for which land

has been acquired………To

the Judge of the Court

at……………….The sum

Rs………..on account of

compensation for land taken

up for the above purpose

payable as detailed below, is

tendered for deposit in

Court under section 31(2) of

the Act 1 of 1894

Form F

[See Rule 14(3)]

Name work for which land

has been acquired………To

the Judge of the Court

at……………….The sum

Rs………..on account of

compensation for land taken

up for the above purpose

payable as detailed below, is

tendered for deposit in

Court under section 31(2) of

the Act 1 of 1894

Form F

[See Rule 14(3)]

Name work for which land

has been acquired………To

the Judge of the Court

at……………….The sum

Rs………..on account of

compensation for land taken

up for the above purpose

payable as detailed below, is

tendered for deposit in

Court under section 31(2) of

the Act 1 of 1894

Sl.N

o. in

aw

ard

stat

emen

tN

ames

of p

artie

s

Are

a of

land

Am

ount

pay

able

toea

chSl

.No.

in a

war

d

stat

emen

tN

ames

of p

artie

s

Are

a of

land

Am

ount

pay

able

toea

chSl

.No.

in a

war

d

stat

emen

tN

ames

of p

artie

s

Are

a of

land

Am

ount

pay

able

toea

ch

1 2 3 4 1 2 3 4 1 2 3 4

Hect.Rs.P Hect.Rs.P Hect.Rs.P

Dated………. 19………..

Land Acquisition Officer

Received the above amount

for credit to Civil Court

Deposits.

Judge,

Note:- This form should be

used when the amounts of

compensation due are sent

to a Civil Court for deposit.

Dated………. 19………..

Land Acquisition Officer

Received the above amount

for credit to Civil Court

Deposits.

Judge,

Note:- This form should be

used when the amounts of

compensation due are sent

to a Civil Court for deposit.

Dated………. 19………..

Land Acquisition Officer

Received the above amount

for credit to Civil Court

Deposits.

Judge,

Note:- This form should be

used when the amounts of

compensation due are sent

to a Civil Court for deposit.

50


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