Introduction
The Land Acquisition Act of 1894 was the primary legal framework used in India to acquire private land for public purposes until it was replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Under the 1894 Act, land could be acquired by the government through a step-by-step legal process. Two critical milestones in this process were:
- Notification under Section 4
- Declaration under Section 6
While both are essential steps in land acquisition, they serve different legal purposes. This essay will explain their meanings, functions, and key distinctions with reference to the Land Acquisition Act, 1894.
What is Notification Under Section 4 of the Land Acquisition Act, 1894?
Definition:
The notification under Section 4(1) is the first step taken by the government when it intends to acquire land for a public purpose.
Legal Text (Summary):
“Whenever it appears to the appropriate government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the Official Gazette and in two daily newspapers circulating in that locality (one of which in the regional language).”
Purpose:
- To inform the public of the government’s intent to acquire specific land.
- To allow interested or affected parties to file objections (under Section 5A).
- To initiate the process of preliminary investigation.
Key Features:
- Preliminary stage of acquisition
- It does not create a binding obligation to acquire
- Enables survey and assessment of the land
- Objections can be raised within 30 days
What is Declaration Under Section 6 of the Land Acquisition Act, 1894?
Definition:
The declaration under Section 6 is the official confirmation that the land is needed for a public purpose and will be acquired.
Legal Text (Summary):
“When the appropriate government is satisfied, after considering the report under Section 5A (if any), that a particular land is indeed needed for a public purpose, a declaration shall be made to that effect.”
Purpose:
- Formal confirmation of the intent to acquire land
- Marks the beginning of the actual acquisition
- It is a conclusive evidence that the land is needed
Key Features:
- Issued after hearing objections (if any) under Section 5A
- Must be made within one year of Section 4 notification
- Legally empowers the government to proceed with acquisition, compensation, and possession
- Declared in Official Gazette and newspapers, like the notification
Key Differences Between Notification (Section 4) and Declaration (Section 6)
| Feature | Section 4 Notification | Section 6 Declaration |
|---|---|---|
| Nature | Preliminary notification of intent | Final declaration of acquisition |
| Purpose | To inform and invite objections | To confirm acquisition for public purpose |
| Legal Effect | No legal acquisition happens | Land is officially marked for acquisition |
| Objection Mechanism | Objections can be raised under Section 5A | No further objections entertained |
| Time Limit | No acquisition if Section 6 is not issued within 1 year | Must follow Section 4 and 5A |
| Authority | Government’s proposal | Government’s confirmed decision |
| Publication | Gazette + Newspapers + Local notice | Same as Section 4, but post-enquiry |
Important Case Laws
1. K. Krishna Reddy v. Special Deputy Collector (1993)
Held that publication of both Section 4 and Section 6 must strictly comply with legal requirements, or acquisition would be invalid.
2. State of Mysore v. Abdul Razak Sahib (1973)
Declared that Section 6 is conclusive evidence of public purpose, and its validity cannot be challenged on the ground that the purpose is not public.
3. Munshi Singh v. Union of India (1973)
Established the importance of Section 5A enquiry before Section 6 is issued to protect landowners’ rights.
Legal Significance of the Two Steps
Section 4:
- Protects citizen’s right to be heard
- Prevents arbitrary acquisitions
- Offers a check and balance through objections
Section 6:
- Ensures finality and certainty in the process
- Government commits legally to acquire and compensate
- Ensures administrative efficiency post-confirmation
Constitutional Angle
Though the 1894 Act preceded the Indian Constitution, it was interpreted in light of Article 300A (Right to Property), ensuring:
- No person shall be deprived of property without the authority of law
- Compensation is required under Article 31 (repealed, but evolved via case law and 2013 Act)
Summary: Code to Remember
| Code | Meaning | Stage | Key Right |
|---|---|---|---|
| NIP | Notification – Intent – Preliminary | Section 4 | Right to object (Section 5A) |
| DAC | Declaration – Acquire – Conclusive | Section 6 | No further objections |
