Understanding Preliminary Notification and Declaration under the Land Acquisition Act, 1894
The Land Acquisition Act of 1894 was enacted to facilitate the process of acquiring land for public purposes while ensuring fair compensation and due process for landowners. Two of the most critical components of this Act are:
- Preliminary Notification (under Section 4)
- Final Declaration (under Section 6)
These two steps are foundational in the legal framework governing land acquisition in India.
What is Preliminary Notification? (Section 4)
The Preliminary Notification under Section 4(1) is the first step in the acquisition process. It signifies the government’s intent to acquire a specific parcel of land for a public purpose.
Key Features:
- Purpose Declaration: It notifies landowners and the public that the land may be acquired for a stated public use.
- Official Gazette: The notification is published in the Official Gazette and widely circulated newspapers, especially one in the regional language.
- Public Access: A copy is also pasted at convenient places in the locality of the land to inform the residents.
- Right to Object: Landowners and interested persons have 30 days from the date of notification to file objections with the Collector under Section 5A.
- Survey Permission: It empowers government officials to enter the land for surveying, digging, leveling, or marking boundaries.
Legal Implication:
- It does not confirm acquisition but merely initiates the procedure.
- Acts as a pre-acquisition notice and provides a window for objections.
What is Declaration? (Section 6)
After considering the objections raised during the preliminary stage, if the government still deems the land necessary, it issues a Declaration under Section 6.
Key Features:
- Confirmation of Purpose: This declaration confirms that the land is required for a public purpose.
- Time Limit: It must be made within one year from the date of the Preliminary Notification.
- Published Officially: Like the preliminary notification, this is also published in the Official Gazette and local newspapers.
- Extent of Land: It clearly mentions the area, boundaries, and purpose for which the land is to be acquired.
- Legal Sanction: Post declaration, the acquisition becomes legally binding and irreversible in most cases.
Legal Implication:
- The declaration is conclusive proof of the government’s intent.
- The landowner can no longer raise objections (unless the procedure was not properly followed).
- It leads to further steps like measurement, notice to interested parties, and compensation under Section 9 and 11.
Difference Between Preliminary Notification & Declaration
| Feature | Preliminary Notification (Sec 4) | Declaration (Sec 6) |
|---|---|---|
| Purpose | Indicates intention to acquire | Confirms acquisition for public purpose |
| Legal Binding | Not legally binding | Legally binding |
| Stage | Initial stage of acquisition | Later stage, after objections are considered |
| Objection Window | Allows objections under Section 5A | No objection allowed after declaration |
| Publication | Gazette + Local Circulation | Gazette + Local Circulation |
| Time Constraint | Can be issued any time | Must be issued within 1 year of Sec 4(1) |
| Field Work | Authorizes survey & inspection of land | Authorizes full acquisition proceedings |
Legal Relevance Post-2013
With the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Land Acquisition Act, 1894 has been repealed. However, understanding the 1894 framework is still crucial for:
- Legacy cases still under litigation
- Legal studies and judiciary exams
- Policy evolution and historical context
Importance of Both Steps
- Ensures transparency in the acquisition process
- Provides a fair opportunity to landowners to raise objections
- Balances public interest with private property rights
- Sets the timeline for further procedures like compensation and possession
Memory Code Table: “PANDA-D”
| Letter | Stands For | Meaning |
|---|---|---|
| P | Preliminary Notification | Initial stage under Section 4 |
| A | Announce Purpose | Government announces intention to acquire |
| N | Notice & Objections | Objections allowed within 30 days |
| D | Declaration under Section 6 | Final legal confirmation of acquisition |
| A | Acquire Legally | No objections post this stage |
| D | Deadline of 1 year | Declaration must follow notification within 1 year |
