Discuss the procedure of acquisition of land in case of  urgency | LekiPedia

1. Introduction 

The Supreme Court has said that the government cannot forcefully acquire private  properties by invoking the "urgency clause" unless there was a genuine need.

If the State has failed to give a fair hearing to the land owners and invoke the urgency  clause without proper reason, it would be violation of the fundamental right of the  citizens as provided in the constitution. Government has a right to acquire the land for the  public purpose. And a land acquisition officer can acquire the possession of land for public  purpose. 

2. Relevant provisions 

Section 17 of the land acquisition act 1984 deals with acquisition of land under  urgency.

 
3. Definition of urgency

Under land acquisition act urgency means when government is empowered to acquire  the land of the citizens for public purpose for immediate or compulsory action. 

4. Definition of collector 

The collector is an officer who is appointed by the provincial government in order to  perform administrative functions such as acquisition of land within the district under  the provision of constitution.

5. Circumstances for acquisition of land  

Following are circumstances when land can be acquired.

(i) Under ordinary circumstances 

Under the land acquisition act a collector who is an administrative officer of the  district can acquire the possession of the land for the public purpose under ordinary  circumstance.

 
(ii) Under urgency

Under the land acquisition act a collector who is an administrative officer of the  district can acquire the possession of the land for the public purpose under urgency.

6. Determination of urgency 

⮚ Case Law

The declaration of an emergency is a matter to be determined by the government and  is not a subject of judicial review. 

7. Procedure in urgency 

Collector who is an administrative officer of the district on the direction of the provincial  government can acquire the possession of land before the expiration of fifteen days form the publication of notice. 

8. Essential of procedure in urgency 

Following are the essentials of procedure of the urgency. 

1. Notice  

The notice should be published for the acquisition of the land by the collector and  government must give an order of such kind of acquistion. 

2. Measurement of land 

The required land for acquisition should be measured by the collector before  acquistion. 

3. Mark out of land 

The required land for acquisition should be marked out by the collector before  possession. 

4. Nature of land  

The nature of land should be waste whose acquisition of possession is being made by  the government for the purpose of public; it should not be a domestic land or  cultivable land. 

5. Nature of acquisition  

The nature of acquisition of the land should be declared by the collector, whether it  would be permanent or temporary acquisition. 

6. Offer of compensation  

There should be an offer of compensation against the acquisition of the possession of  the land. 

7. Assessment of compensation  

Before the acquisition of the possession of the land the compensation should be  assessed by the collector which will be awarding to the owner of the land. 

8. Public purpose

The acquisition of the possession of the land should be for the public purpose or for any  company. 

9. What constitution urgency 

The section 17 of the land acquisition act deals with urgency clause. Land of the public  can be acquired by the State for the use of the public at large, or, for a company. To  establish the purpose of acquisition of land acquisition is two-fold: firstly to fulfill the  needs of Government and companies for their projects, and secondly, to determine  and pay compensation to owners. The collector is only the person who can determine  whether there is urgency or not. 

10. Temporary Acquisition 

Temporary acquisition of waste land is distinguished from permanent acquisition of  land in general. When such waste land is needed for any public purpose or for a  Company the Provincial Government directs the Collector to procure the temporary  acquisition and use the land for the same. Such temporary acquisition will not be  exceeded three years from the commencement of the acquisition. Collector should  pay the amount agreed upon to them.

11. Application of Section 17 

Section 17 of the acquisition of land is applicable to waste land as well as all other  lands of the state for the public use. 

Conclusion 

To conclude it is said that the provincial government can acquire a waste land for the  public use or for any company by marking out the land and measuring the land after the  assessment of the amount of compensation for the owner of the property. And collector  of the district is responsible for this and before such acquisition a notice must be served  by him. And collector is a person who can declare the urgency for the declaration of the  urgency.