2.  The Preamble says the act was brought for allowing the acquisition of land needed for public purpose and for companies and for determining the amount of compensation to be made on account of such acquisition.

3. IMPORTANT DEFINITIONS  Section 3  (a) the expression” land" includes benefits to arise out of land, and things attached to the earth or permanently fastended to anything attached to the earth;  (b) the expression " person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land;

4.  (f)The expression " public purpose" includes   (i) the provision of village-sites, or the extension, planned development or improvement of existing village-sites;  (ii) the provision of land for town or rural planning;  (iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;

5.  (iv) the provision of land for a corporation owned or controlled by the State;  (v) the provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the State;

6.  (vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or by any authority established by Government for carrying out any such scheme, or with the prior approval of the appropriate Government, by a local authority, or a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State;

7.  (vii) the provision of land for any other scheme of development sponsored by Government or with the prior approval of the appropriate Government, by a local authority;  (viii) the provision of any premises or building for locating a public office, but does not include  acquisition of land for companies;]

8.  Section 4 of Land Acquisition Act, 1894 deals with the publication of preliminary notification and the powers of officers thereupon.Land Acquisition Act, 1894  Publication is made by the appropriate Government or the District Collector when a land is needed or is likely to be needed for a public purpose or for a company.  Publication should be in Official Gazette or District Gazette and in two daily news papers, one of which should be in regional language.

9.  A public notice of the publication should be made within 40 days in the locality in a convenient place and mentioning the last dates of the publication, referred as the date of publication of the notification.Section 4(2) allows the appropriate Government or the District Collector or any officer generally or specially authorized, his servants or workmen to do certain acts including:

10.  Entering into, and surveying, and taking levels of the landDig or bore into sub-soil of the land to be acquiredDo acts that ascertain whether the land is adoptable for the purpose for which it will be acquiredPlacing marks and cutting trenches and clear away any crop, fence or jungle in making the surveySeven day notice should be given before a person is allowed to enter into a building, court or a garden related to the land to be acquired.

11.  Section 5 of Land Acquisition Act, 1894 deals with payment of damages. Section 5A deals with hearing of objections.Land Acquisition Act, 1894  Section 5A allows a land loser to submit objections to the land acquisition officer in response to a publication / notification issued under Section 4 of Land Acquisition Act, 1894.Section 4 of Land Acquisition Act, 1894

12.  Any person interested can submit objections. A person who would be entitled or claim an interest in compensation for the land intended to be acquired is considered a person interested.  Objections should be submitted within 30 days of public notice as per Section 4.

13.  Section 5A(1): Objections should be submitted to the District CollectorDistrict Collector shall give an opportunity of being heard by the land owner personally or an authorized person or through a pleader.

14.  District Collector, if he feels necessary, shall conduct an inquiry and submit his report together with the proceedings held by him to the Government for its decision.Decision of the appropriate Government is final.

15.  Section 6 of Land Acquisition Act, 1894 deals with the declaration that the land to be acquired is for a public purpose.Land Acquisition Act, 1894  The District Collector, after being satisfied that the land is needed for a public purpose, shall make a declaration under the signature of the Secretary to the Government or any other officer duly authorized, or the District Collector himself as the case may be.  Different declarations from time to time can be made in respect to different parcels of land covered under the same notification.  No declaration can be made without compensating for the land. The compensation should be from public revenues or some fund controlled or

16.  or managed by the local authority.The Declaration shall be published in Official Gazette or District Gazette and two daily newspapers, one of which is a regional language newspaper. Public notice of the same shall be made and displayed at a convenient place in the said locality.Declaration shall be treated as a conclusive evidence.After the declaration, the appropriate Government or the District Collector may acquire the land in a manner specified.

17.  Section 7 of Land Acquisition Act, 1894 says that District Collector or some officer authorized by the appropriate Government is to take order for acquisition.Land Acquisition Act, 1894

18.  Section 8 of Land Acquisition Act, 1894 empowers District Collector to measure, mark or if require, if no plan has been made thereof, a plan to be made of the same.Land Acquisition Act, 1894

19.  Section 9 of Land Acquisition Act, 1894 deals about notice to person interested.Land Acquisition Act, 1894  Section 9(1) deals with the public notice of the Collector at convenient place on or near the land to be taken, stating the Government intends to take possession of the land, and that claims to compensation for all interested parties in such land shall be made by him.

20.  Section 9(2) says that the Collector, in the notice, shall state the particulars of the land so needed, and that persons interested shall be present before him personally or by an agent at an appropriate date and time not less than 15 days to state their objections, if any. The collector can make a statement in writing and signed by the party or his agent.  Section 9(3) says that notice to all interested persons with the same effect as that of the occupier shall be given.

21.  Section 9(4) says that in case if the interested persons are residing elsewhere and has no agent, the notice shall be sent by post in a letter addressed to him at his last known residence address or place of business.

22.  Section 10 of Land Acquisition Act, 1894 says that the Collector may require any such person to make or deliver to him of a time and place mentioned, to make a statement of the name of every other person in possession of any interest in the land or any part thereof and having an interest, of the rents and profits received or receivable on account thereof for three years next preceding the date of statement.Land Acquisition Act, 1894  A person making a statement under Section 9 or Section 10 is legally bound to do within the meaning of the Section 175 of the Indian Penal Code.

23.  175. Omission to produce document to public servant by person legally bound to produce it.- - Whoever, being legally bound to produce or deliver up any document to any public servant, as such, intentionally omits so to produce or deliver up the same, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;

24.  Section 11 of Land Acquisition Act, 1894 deals with enquiry and award by Collector.Land Acquisition Act, 1894  On the date fixed, or any other date to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections and make an award under his hand of:  true area of the land  compensation which in his opinion should be allowed for the land

25.  The award passed by the Collector is not similar to that of an Arbitrator under the Arbitration & Conciliation Act, 1996. The award by Collector is an 'offer' and an aggrieved party can always ask for an enhancement in the compensation.

26.  The determination of compensation by the Land Acquisition Officer is purely an administrative act and can be challenged in the Court of Law.Evidentiary Value: The market rate mentioned in the award has evidentiary value as per Sections 9 and 11 of the Indian Evidence Act, 1872.Indian Evidence Act, 1872

27.  Market Value: Market value as of the date of preliminary notification are to be taken, and not prevailing rates.The Land Acquisition Officer should know the market value by his own resources. He has discretionary power to the correct basis of valuation.

28.  Apportionment: Land Acquisition Officer can apportion the compensation in between persons interested, if they are more than one and mention their shares and names in the award.  Discretionary power: The Land Acquisition Officer has discretionary power in judgment as to the correct basis of valuation.

29.  Land Acquisition Officer should not refrain from passing the award solely on the reasons of unavailability of funds. - G Gnanesha vs Special Deputy Collector (LA)(1994(2) ALT)Section 11(A) says that the Collector shall make an award under Section 11 within a period of two years from the date of publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land lapses.

30.  Santosh Kumar and others vs Central Warehousing Corporation and another (AIR 1986 SC 1164)