RD 166 AQW 84 Date: 07-01-1985 [ L ]

[ 205 ]

[ Letter from the Revenue Commissioner and Secretary to Govt. Revenue Dept to all DVCS, DCS, Spl DCS, ACS, SLAOS ]

Sub:- Land Acquisition [ Amendment ] Act, 1984 - Instructions - regarding.

Ref:- In continuation of TPM No. RD DS 7248.84 dated 10-10-1984

[1] I am directed to state that the Land Acquisition Act, 1894 [ Central Act 1 of 1894 ] has been made applicable to the whole of India [ including the State of Karnataka ] except the State of Jammu and Kashmir by virtue of the 1984 Amendment Act, by the Central Government amending Sub-Section [2] of Section 1 of the Principal Act. This Amendment Act has already come into force on 24th September, 1984, and is therefore applicable to this State without requiring any further State enactment to adopt the Central Act.

[2] Further, by virtue of Art. 254 of the Constitution of India, the Central Act [1] of 1894 as amended by the 1984 Amendment Act, is applicable to the State of Karnataka and will prevail over the State Act i.e. Act 17 of 1961. Prior to this Amendment made by the 1984 Amendment Act, the law applicable in the State of Karnataka was the State law i.e. Act 17/61 which extended the application of the Central Act [1] of 1894 as it was then in force with certain amendments, and it has been held by the High Court of Karnataka, in several rulings that it was the State law that was applicable to acquisition of the properties in the State .

[3] In view of the application of Central Act [1] of 1894 to the State of Karnataka by virtue of the Amendment Act of 1984, those provisions in Karnataka Act 17/61 to the extent they are not repugnant to the provisions of the Central Act 1894 as amended by the Amending act of 1984, become void. However, the provisions of the Karnataka Act 17/61 to the extent they are not repugnant to any of the provisions of the Central Act [1] 1894 as amended by the Central Amendment Act 1984, continue to remain in force along with the provision of the Central Act as amended by the Amendment Act, 1984 .

[4] In the circumstances stated above, I am directed to request you to follow the amendments made by the Central Government while processing the Land Acquisition Cases, subject to the observations made above. As the Central Amendment Act, 1984 has come into force, the draft awards may be approved and compensation paid, and all land acquisition cases pending or arising in future processed in accordance with the provisions of the law as explained above.

[5] If any doubts are felt in the correct application of law, the same may be referred to Government for further clarification.

[6] A copy of amendments and a summary of such amendments have already been supplied to you in Government Letter No. RD. 166 AQW 84 [P] dated: 14-11-1984 and 14-12-1984 respectively.

ENCLOSURE

Broad details of action to be taken by State Government and Union Territory Administration on various important provisions of the Land Acquisition [Amendment] Act, 1984 [ No. 68 of 1984]

Section of the L.A.Act as Amended

Implication and action to be taken

[ 1 ] [ 2 ]
Section 5A, 6[1] Read with Sub- Clause [4] of Rule 4 of Land Acquisition [Companies] Rules 1963 [19] In case of companies, sub-clause [4] of rule 4 of the company rules provides that no declaration shall be made under Section 6, unless the appropriate Government has considered the report submitted by the L. A. committee and that under Section 5A of the Act and also till an agreement under Section 41 has been executed by the company.

With the amended definition of company and a number of corporations owned or controlled by the State as now defined in the newly added sub-clause[cc] of Section 3, there may be many such cases which are no longer covered by the amended definition of company and consequently in respect of acquisition for such acquiring body which though came under the definition of company under the un-amended law but are no longer covered by the term 'company' under the amended law, in such cases the consideration of the report of the Land Acquisition Committee is no longer necessary.

Therefore, this implication of the amended law, if not already brought to the notice of Land Acquisition committee and the Secretary or the authorised officer of the Govt. eligible

For issue of declaration under section 6, be brought to their notice now so that declaration under Section 6 may not be delayed on this account.

[20] Now only such cases need to be referred to the Land Acquisition Committee in which acquiring body comes under the definition of word 'company' under the amended law.
11 [ 2] [30] In order that the acquiring bodies and the public may be able to take advantage of the facility of quick award on the basis of agreement, pre E condition is that the agreement has to be in the form prescribed by rules. It is, therefore necessary that the State Government should prescribe this form and publicise it at the earliest, Since even the award based on agreement shall be an award under the Land Acquisition Ace, while prescribing the form and by way of issue of necessary instructions or rules, it should be ensured that the amount awarded is according to the scheme of the Land Acquisition Act.
11 [ 4 ] [31] Attention of the public also needs to be drawn to the provision that no registration of such agreement is necessary.



Source of Document:

GOVERNMENT OF KARNATAKA
COMPENDIUM OF LAND ACQUISITION
CIRCULARS, ORDERS, NOTIFICATIONS
AND LETTERS ISSUED
BY GOVERNMENT OF KARNATAKA
( 1981 to 1997 )

( Compiled by ) : THE ADMINISTRATIVE TRAINING INSTITUTE, MYSORE