1. Introduction
The word award has not defined in Land Acquisition Act 1984. The land acquisition officer is in no sense a judicial officer. The proceeding before him can’t be called legal progressing. he’s engaged to form recompense under the land acquisition act. The jurisdiction of the gatherer is restricted. He practices the chief and administrative power. The grant cannot be authorized as decree of the court.
2. Relevant Provisions
Section 4 to 12 of the land acquisition act, 1894 accommodate the procedure of constructing a bequest.
3. Meaning of Award
The decision or determination rendered by arbitrators or commissioners or other private or extra-judicial deciders, upon an argument submitted to them, also the writing or document emplying such decision. (Black’s Law Dictionary)
4. Contents of Award
Following are the essential contents of the award
(i) Area of Land
The award must contain true and measured area of the land.
(ii) Amount of Compensation
The award must contain amount of compensation.
(iii) Apportionment of compensation
The award must contain apportionment of compensation.
(iv) Signature of collector
The award must be signed by the collector making the identical.
5. Procedure or steps taken by Land acquisition officer / collector before making award
These are the steps taken by the land acquisition officer/collector before making award.
(i) Publication of Preliminary Notification
Whenever, it appears to the provincial government that land within the locality is required or is probably going to be needed for any public purpose, a notification to effect shall be published within the official Gazette.
(ii) Collector to cause public notice at convenient places section 4
The collector shall cause publish notice of the substance of such notification to tend at convenient place within the said locality.
(iii) Officer may come upon the land section 4
Thereupon it shall be lawful for any officer, either generally or specially authorized by such Government during this behalf and for his servants and workmen to come upon any land in such locality.
(iv) Power to dig or bore into sub sol section 4
Thereupon it shall be lawful for any officer either generally or specially authorized by such Government during this behalf and for his servants and workmen to dig or bore in to the sub-soil.
(v) Power to try and do all other necessary acts
Thereupon it shall be lawful for any officer, either generally or specially authorized by such government during this behalf and for his servants and workmen to try and do all other acts necessary to determine whether the land is customized for such purpose.
(vi) Power to line out boundaries of Land
Thereupon it shall be lawful for any officer either generally of specially authorized by such government during this behalf and for his servant and workmen to line out the boundaries of the land proposed to be taken and therefore the intended line of the work if any proposed to be made thereon.
(vii) Power to mark level, boundaries and line
Thereupon it shall be lawful for any officer either generally or specially authorized during this behalf by such Government and for his servants and workmen to mark such levels, boundaries and contours by placing marks and cutting trenches.
(viii) Power to chop down any party of standing crop section 4
Thereupon it shall be lawful for any officer, either generally or specially authorized by such government during this behalf and for his servants and workmen, where otherwise the survey can’t be completed and therefore the levels taken and also the boundaries and contours marked to chop down and remove any party of any standing crop, fence or jungle.
(ix) Payment of Damages; Section 5;
The officer so authorized shall at the time of such entry pay or tender payment for all necessary damage to be done as aforesaid.
(a) Dispute on the sufficiency of amount section 5;
In case of dispute on the sufficiency of the quantity so paid or tendered he shall directly refer the dispute to the choice of the collector or other chief Revenue officer of the district and such decision shall be final.
(x) Hearing of Objections section 5-A;
(a) Period for raising objections
Any person fascinated by any land which has been notified under section 4, sub section 1 as being needed or likely to be needed for a public purpose or for an organization may, within thirty days after the difficulty of the notification, object to the acquisition of the land or of any land within the locality because the case could also be.
(b) Mode of objection
Every objection under sub section 1 shall be made to the collector in writing.
(c) Opportunity of being heard section
The collector shall give the objector a chance of being heard either head to head or by pleader.
(d) Submission of case for the choice of provincial government
After making such further inquiry, if any, as he thinks necessary, submit the case for the choice of the provincial government, along with the record of the proceedings held by him and a report containing his recommendations on the objections.
(e) judgment
The decision of the provincial government on the objections shall be final.
(f) Meaning of term person interested
For the aim of this section an individual shall be deemed to have an interest in land who would be entitled to say an interest in compensation of the land were acquired under this act.
Conclusion
To conclude that award is decision of land procurement officer. it’s made within the wake of taking after the system within the land acquisition act. someone intrigued who isn’t fulfilled with award can seek remedy available under acquisition act.
References:
Book:
1.Land Acquisition Act, 1984
Online Sources:
1.https://indiankanoon.org/doc
2.https://dolr.gov.in/sites/default/files
3.http://www.bareactslive.com/ACA
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