Land Acquisition Act 1894
The Government of Andhra Pradesh acquired a piece of land belonging to X in the year 2010, while the possession of the property was taken in the year 2011. However, no compensation has been paid to X in spite of repeated representations made by him. Advise him as to his rights under the Land Acquisition Act, 1894.
1. Whether the delay in payment of compensation is valid? NO
2. Whether X is entitled to damages for the delay by Govt.? YES
Section 16 of the Land Acquisition Act, 1984 : When the Collector has made an award under Section 11, he my take possession of the land, which shall thereupon vest absolutely in the Government, free from all encumbrances.
This problem is related to the Damages in case of delay in taking possession after acquisition. Section 23 deals with matters which are to be taken into consideration by the person making the award.
Therefore, when Section 23 refers to damage sustained at the time of taking possession, it can only be such damage as can have been reasonably anticipated at or before the time of making the award.
Dayaprakash Trikambhai Vs. Special Land Acquistion Officer, AIR 1969 Guj 34, it does not lay down any time limit within which the collector is obliged to the possession after the declaration of the award., The claimant is not expected to keep his land uncultivated till the Collector decides to take possession of it. Where crops were planted during the pendency of acquisition proceedings, but before taking of possession by the Government, it has been held that the Court, while determining compensation, was bound to take into consideration the damage sustained by the claimant by reason of taking standing Crop which were on the land acquired at the time the Collector took possession.
Vidya Sagar Vs. Union of India. AIR 1980 Del 173 (SJ), it would be impracticable if not impossible to specify a time limit for taking possession. The Stature places no restriction over the land-owner's ownership of the property until the Government has actually taken possession.
In the instant problem, the delay in payment of compensation by the Government after acquisition is not valid. Hence X is entitled to damages for the delay by Government.
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