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24/07/2011 124/07/2011 Jamaludin Yaakob


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LAND ACQUISITION

O bjectives

Introduction

Definition

Legal basis

Governing law

Purpose

Procedure

Compensation

Challenging


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A t the end of the lectures students should acquire theseabilities:

To discuss the legal basis

To analyse the purpose

To examine the procedure

To explain the assessment of market value

To evaluate the validity

24/07/2011 Jamaludin Yaakob

LAND ACQUISITION


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Chiranjit Lal v. Union of India AIR 1951 SC 41

Acquisition means the acquiring of the entiretitle of the expropriated owner, whatever the

nature or extent of that title may be. The entirebundle of rights which were vested in the original holder would pass on acquisition to the acquirer

leaving nothing to the former. A t page 51


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Citizens view

strictly contrary to freedom of property in capitalist society.

Role/function of government welfare of society whereland is required to carry out this function land acquisition becomes necessary.

States view


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Legal Principle

Solus populi suprema lex

the public interest is paramount and that private interestmay in certain circumstances be subordinated to the higherinterest of the public.

Doctrine of eminent domain S tate of Bihar v. Kameshirar S ingh

Yeap S eak Pen v. Government of Kelantan


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Legal Principle

The exercise of such power has been recognised in the jurisprudence of all civilised countries as conditioned by public necessity and payment of compensation.

Y eap Seak Pen v. Government of Kelantan


LAND ACQUISITION


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F ederal Constitution (Article 13)

Legal Principle

a. No person shall be deprived of property save inaccordance with law.

b. No law shall provide for compulsory acquisition or use

of property without adequate compensation.


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Ch aranjit Lal v. Union of India

Legal Principle

It is a right of every sovereign to take and appropriate private property belonging to individual citizens for publicuse. This right which is described as eminent domain in American law, is like the power of taxation, an offspring of

political necessity and it is supposed to be based upon animplied reservation by government that property acquired by its citizens under its protection may be taken or its useis controlled for public benefit irrespective of the wishes of the owner. BK Mukherjee J .


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LAND ACQUISITION

Federal Constitution

National Land Code 1965

Land Acquisition Act 1960 (Rev. 1965)


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Public Purpose

S yed Omar al- S agoff & Anor v. Government of the S tate of Johore [1979] 1 MLJ 49

Pu rpose

Kulaisingam & Anor v. Commissioner of Lands, Federal Territory & Anor [1982] 1 MLJ 204

Yeap S eok Pen v. Government of S tate of Kelantan [1982] 2 MLJ 202S tamford Holdings S dn. Bhd. V. Kerajaan Negeri Johor & 4 Ors. [1995] 2 AMR 1138


LAND ACQUISITION

Section 3 Land Acquisition Act 1960

More cases on Public Purpose


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1. Declarations of A cquisition(sections 4,5 & 6 - Forms A & B)

PROCEDURE

2. Enquiry (section 9 - Form E )

3 . A ward (sections 14 & 16 - Forms G & H )

4. Taking Possession (section 22 - Form K)

5. Payment (section 29 )


LAND ACQUISITION

Note : Importance of Procedure

6. Reference to Court (section 36, 37, 38 43 )


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PROCEDURE


LAND ACQUISITION

Importance of Procedure

Article 13(1):

No person can be deprived of property except in accordance with law.

Goh S eng Peow & S ons Realty v. CLR WP [1986] 2 MLJ

395


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PROCEDURE


LAND ACQUISITION

1. Declarations of AcquisitionSection 4 - F orm A

Preliminary Declaration (Declaration of Intention

It enables the State A uthority to enter land and carry out investigation/inspection, survey, soil test, etc.

Section 5 - F orm B

State A uthority prepares Schedule of land affected by the intended acquisition exercise.

Section 7 -F

orm C


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PROCEDURE


LAND ACQUISITION

1. Declarations of Acquisition

Section 8 - F orm D

Declaration of A cquisition

If investigation proves site suitable for purpose of acquisition then State A uthority issues Declaration of A cquisition in Form D

Period between Form A and Form B 12 months


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PROCEDURE


LAND ACQUISITION

Significant of F orm D

Market Value:

Notice of RDT:

o Form D is issued within 6 months of Form A market value as at date of Form A Form D is issued after 6 months of Form A market

value as date of Form D

Notice of acquisition endorse in RDT on date of Form D


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PROCEDURE


LAND ACQUISITION

Significant of F orm D

A ward

A cquisition exercise lapses:

within 2 years of Form D otherwise the declaration

under section 4 lapses.

Form D is issued after 12 months of Form A A cquisitionlapses.

A ward not paid within 2 years of Form DConclusive Evidence [s. 8 (3 )] :

Purpose of acquisition permits by the A ct


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2 . Enquiry

PROCEDURE

Purposes :To investigate interested parties and their status withrespect to the land.To hear claims or objectionsTo determine value of land prepare valuation reportTo make awards

Section 11 - F orm F

Notice requiring written answer


LAND ACQUISITION

Section 9 - F orm E


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3. Award

PROCEDURE

Section 14 - Form G :

Written award of compensation

Section 16 - Form H :

Notice of award and offer of compensation


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4. TAKING POSSESSION

PROCEDURE

Section 22 - Form K :

Notice that possession of land has been taken

Entry in Document of Title

Memorial in RTDSurrender of IDT


LAND ACQUISITION

Section 24 - Form L :

Notice to deliver IDT


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4. TAKING POSSESSION

PROCEDURE

Section 19 - Form I :

Certificate of Urgency


LAND ACQUISITION

Section 5 8 - Form Q :

Notice to occupy temporarily

Section 20 - Form J :

Notice to vacate building/land under certificate of urgency


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5. PAYMENT O F AWARD

PROCEDURE

Section 29(1 ) as soon as may be


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6. Reference to Court

PROCEDURE


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Section 36 - Form M : B y Collector of Land Revenue

Section 38 (1) - Form N : B y Proprietor

Section 38 (5) - Form O : B y State A uthority

Section 4 3 - Form P : Notice of Hearing

Section 56

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