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Land Acquisition Act 1894 - Andhra Pradesh Academy of Rural ...

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5.4 Government or the District Collector to publish Notification U/S 4(1) <strong>of</strong>the <strong>Act</strong> in the <strong>of</strong>ficial Gazette and in two daily News Papers <strong>of</strong> whichatleast one shall be in regional language.5.5 Public Notice <strong>of</strong> the substance <strong>of</strong> Notification also to be given in thelocality.5.5(a) State Amendment <strong>of</strong> Section 4 regarding service <strong>of</strong> public notice within40 days from 4(1) Notification got diffused on introduction <strong>of</strong> CentralAmendment <strong>Act</strong>, 68 <strong>of</strong> 1984.- Refer Article 254 <strong>of</strong> the Constitution <strong>of</strong> India. Also refer 1996-LACC(Suppl.) 538-S.C5.6 The last <strong>of</strong> the dates <strong>of</strong> publication shall be the date <strong>of</strong> publication.5.7 The Notification has to be issued in Form 2-A for the purpose <strong>of</strong> Stateand in Form 2-B for the purpose <strong>of</strong> the Union. It serves a two foldpurpose. One is to decide whether the land is needed for a publicpurpose. The other one is to give an opportunity to persons interestedto put forward their view that the land is not required for a publicpurpose. There shall not be any delay at Draft Notification stage toavoid escalation in the market value.5.8 Cases <strong>of</strong> inclusion <strong>of</strong> Government lands and Government assignedlands in the Draft Notification and Draft Declaration noticed. On thedirections <strong>of</strong> the Courts, awards had to be passed resulting inavoidable heavy expenditure and consequential enhancement <strong>of</strong>compensation. No land which is already property <strong>of</strong> Government tobe acquired. (Para 1(i) <strong>of</strong> BSO 90).Government cannot acquire its own land 1995 - Supplementary (3)S.C.C. Cases 249.5.9 (i) Civil Court jurisdiction in L.A barred Refer 1999-6 ALT - Page122.(ii) Civil Court not to entertain Suits on L.A. Refer - 2005 L.A & C.C 557.(iii)Questioning 4(1) Notification before Civil Court barred Refer 1995-S.C 1955.5.10 After 4(1) Notification is issued, L.A. proceedings can be cancelled byNotification in Form-25, in case lands not required.6

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