Tuesday, September 15, 2009

STRICT RULES FOR GOVT TO ACQUIRE LAND

The Supreme Court has ruled that the Government has to mandatory issue a "declaration" for acquiring public land within a year after the "preliminary notification" had been issued, as otherwise, the acquisition proceedings would become illegal. Under Section 4 of the Land Acquisition Act, 1894, the Government has to first issue a "preliminary notification" informing the public about its proposal to acquire the public land in question. Thereafter, under Section 6 of the Act, it has to issue a separate "declaration" about its intent to acquire the land. But under Section 6, it is clearly stated that such a declaration must be mandatory made within a year of the issuance of preliminary notification.

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