The Land Acquisition (Kerala) Rules, 1990

*The Land Acquisition (Kerala) Rules, 1990 In exercise of the powers conferred by sub-section (1) of Section 55 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), the Government of Kerala hereby make the following rules, the same having been previously published as required by sub-section (2) of the said section, namely: -Rules
1. Short title and commencement.-
(i) These rules may be called the Land Acquisition (Kerala) Rules, 1990. (ii) They shall come into force at once.
2. Definitions.- In these Rules unless the context otherwise requires

(i) "Act" means the Land Acquisition Act, 1894;
(ii) "Form" means the form appended to these Rules;
(iii) "Government" means the Government of Kerala;
(iv) "Land Acquisition Officer" means any officer specially appointed byGovernment by notification under clause (c) of Section 3 of the Act to
perform the function of a Collector under the Act;
(v) "Section" means a section of the Act.
3. Appointment of Collectors.- All appointments of Collectors under clause (c) of Section 3 shall be by notification in the Official Gazette in Form No. 1.
4. Requisitions for Acquisition.-
(1) Requisitions for acquisition of land under the Act shall be made in Form No. 2 to the District Collector concerned within whose jurisdiction the land is situated.
(2) As soon as a requisition is received, the District Collector shall if it is decided that the land applied for should be acquired under the Act, forward it to the concerned Land Acquisition Officer for initiating land acquisition proceedings.
5. Publication of Preliminary Notifications.-
(1) When the acquisition is for any public purpose (other than for the purposes of the Central Government), the Land Acquisition Officer shall publish a preliminary notification in Form No. 3 (a) duly approved by him in the Official Gazette and in the newspapers as required by sub-section (1) of Section 4.
(2) When the acquisition is for the purposes of the Central Government, the Land Acquisition Officer shall forward to Government in the concerned Department a draft preliminary notification in Form No. 3 (b) in triplicate together with an attested copy of the requisition, an extract of settlement/ Adangal/Land Tax Register and a Sketch of the site.
* Issued by Noti. G.O. (MS) No. 345/90/RD dt 14-5-1990 pub. in K.G. Ex. No. 501 dt. 18-5-1990 as SRO 675/90.
(3) The Government shall, if they are satisfied that the acquisition is for the purposes of the Central Government approve the notification and send one copy of the notification to the Government Press for publication in the Official Gazette and return one copy of the approved notification to the Land Acquisition Officer for publication in the newspapers, as required by sub-section (1) of Section 4.
6. Procedures for acquisition in cases of urgency.-
(1) Where any requisition is received by the District Collector for acquisition of land under the urgency clause for any public purposes (other than for the purposes of the Central Government), he may, if it appears to him that it is a fit case to dispense with the provision of Section 5A, make a recommendation to that effect to the Secretary, Board of Revenue for appropriate sanction.
(2) As soon as the sanction referred to in sub-rule (1) is received, the Land Acquisition Officer shall 'publish' a composite notification in Form No. 3 (c) duly approved by him in the Official Gazette, and in the newspapers as required in sub-section (1) of section 4 read with sub-section (4) of section 17.
(3) Where the requisition for acquisition of land under the urgency clause is for the purposes of the Central Government, the District Collector may, if it appears to him that it is a fit case to dispense with the provision of Section 5 A make a recommendation to that effect to Government in the concerned Department. The District Collector shall also submit along with his report to Government a draft composite notification in Form No. 3 (d) an attested copy of the requisition, an extract of the Settlement/ Adangal/Land Tax Register and a sketch of the site.
(4) The Government may if they are satisfied that it is a fit case to invoke the powers under Section 17, issue a formal sanction to dispense with the provision of Section 5 A of the Act and approve the composite notification. One copy of the approved notification shall be sent to the Superintendent, Government Presses, Trivandrum for the publication in the Official Gazette and one copy to the concerned Land Acquisition Officer for arranging publication in the newspapers.

7. Issue of Public Notice.- Immediately after the publication of the preliminary notification referred to in sub-rule (1) or (3) of rule 5, the Land Acquisition Officer shall issue a public notice in Form No. 4 (a) stating that the land is needed or is likely to be needed for a public purpose and requiring all persons interested in the land to lodge before him a statement in writing of their objections if any to the proposed acquisition within 30 days of the last of the dates of the publication of such preliminary notification or the giving of such public notice whichever is later. The said notices shall be published at convenient places in the locality and copies thereof fixed up in the Taluk Office, Village Office and in the offices of the District Collector and Land Acquisition Officer.

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(3) As soon as the composite notification referred into sub-rule (2) or (3) of rule 6 is published, the Land Acquisition Officer shall issue a public notice in Form No. 4 (b). The said notice shall also be published at convenient places in the locality in the Taluk Office, in the Village Office and in the Office of the Land Acquisition Officer.

8. Hearing of objections and further actions.-

(1) If any objection is received from any person actually interested in the land within the period prescribed in section 5A, the Land Acquisition Officer shall fix a date for hearing the objectors and give notice thereof in Form No. 4(c) to the objectors as well as to the requisitioning body with copies of the objections. The requisitioning authority may file on or before the date fixed for hearing statement by way of answer to the objections and may also depute a representative to attend the enquiry.

(2) If the statement of objections is not filed within the prescribed period or if it is filed by a person who is not actually interested in the land, it shall be summarily rejected.

(3) On the date fixed for hearing or any dale to which the hearing may be adjourned by the Land Acquisition Officer, the Land Acquisition Officer shall hear the objector or his pleader and the representative if any of the requisitioning body and record any evidence that may be produced in support of the objections.

(4) The Land Acquisition Officer shall also immediately after the publication of the preliminary notification or composite notification as the case may be, arrange for the preparation of the sketch and sub-division records of the land notified for acquisition in duplicate and send one copy to the Superintendent of Survey and Land Records for scrutiny and preparation of revised sketches and area list.

(5) The Land Acquisition Officer shall thereupon prepare a draft declaration in the appropriate form [Form No. 5 (a) or No. 5(b) or No. 5(c) or No. 5 (d) as the case may be] and submit his report with the following documents for the decision of Government if the acquisition is for the purposes of the Central Government, or for the decision of the Board of Revenue if the acquisition is for any other public purpose.

(a) An attested copy of the requisition.

(b) Attested copy of Gazette sheet and paper cuttings containing published copies of the preliminary/composite notification.

(c) Served and published copies of notices referred to in rule 7.

(d) The sketch of the site.

(e) Extract from the Village Settlement/Adangal/Land Tax Register relating to the land.

(f) Sub-division statement.

(g) The objection petitions (in original). 3

(h) The record of enquiry under section 5 A.

(i) Statement reconciling difference between the particulars shown in

the preliminary/composite notification and the declaration together

with a certificate that the difference has been reconciled.

(j) A confidential note on the nature and weight to be attached to the

existence of religious buildings, tombs, grave yards etc., if any, on

the land under acquisition.

9. Publication of Declaration.-

(1) On consideration of the objections and the report of the Land Acquisition Officer, if the Board of Revenue or the Government, as the case may be, is or are satisfied that the land should be acquired, the declaration shall be approved after overruling the objections and sent up for publication in the Official Gazette as required under section 6. One copy of the approved declaration with the records shall be returned to the Land Acquisition Officer for arranging the publication of the Draft Declaration in the newspapers as required under Section 6.

(2) If on the other hand the Board of Revenue or the Government as the case may be decides or decide to give up the acquisition a notification withdrawing from such acquisition shall be published by Government in Form No. 6.

(3) When the acquisition is for a public purpose other than for the purposes of the State Government or Central Government no declaration shall be published unless the requisitioning authority executes in favour of the District Collector, an agreement in Form No. 7.

(4) Every declaration for the acquisition of land for the purposes of the Central Government, under Section 6 of the Act shall be in Form No. 5 (a) and that under Section 6 read with sub-section (l) of Section 17 of the Act shall be in Form No. 5 (b). Every declaration for any other public purpose under Section 6 of the Act shall be in Form No. 5 (c) and that under Section 6 read with sub-section (1) of Section 17 of the Act shall be in Form No. 5 (d).

(5) The Officer competent to authenticate the orders under Section 6, shall be the Secretary to Government, Additional Secretary to Government, Joint Secretary to Government or Deputy Secretary to Government of the concerned Administrative Department where the declaration is made by Government and the Secretary, Board of Revenue where the declaration is made by the Board of Revenue.

10. Procedure for the preparation of basis of valuation and valuation statement of the property under acquisition.-

(1) As soon as the preliminary/composite notification is published the Land Acquisition Officer shall prepare a basis for valuation of the property under acquisition and forward the same to the District Collector for approval. In preparing the basis for valuation, the Land Acquisition Officer may obtain from the offices of the Sub-Registrars concerned copies of available sale deeds of similar lands in the locality as on or immediately prior to the date of publication of the

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aforesaid notification and such other details as are found necessary. Buildings or structures under acquisition which are likely to cost more than Rs. 5,000 shall be got valued by the Engineer of the Public Works Department or by qualified Engineers of the requisitioning body at the rate prescribed by the Public Works Department, subject to the monetary powers given by Government to each grade of Engineers.

(2) Immediately after the basis for valuation is approved by the District Collector and the structures got valued by the competent Engineers, the Land Acquisition Officer shall arrange to prepare a mahazar and a detailed valuation statement in Form No. 8 showing the details of land under acquisition, the improvements thereon and the estimated amount of compensation and get valuation statement approved by the District Collector.

(3) The Land Acquisition Officer shall, before sending the basis for valuation and the detailed valuation statement to the District Collector for approval, personally inspect the site and record a certificate in the mahazar and detailed valuation statement to the effect that he has actually inspected the site and is satisfied as to the correctness of the details shown in the mahazar and detailed valuation statement prepared by the Revenue Inspector or Valuation Assistant as the case may be.

1[Explanation. - For the purposes of this rule and Rules 6,11,12 and 14 the expression "District Collector" means the Collector of a District and includes an Officer, if any, not below the rank of a District Collector in the Revenue Department, specially empowered by the Government to exercise the powers of the District Collector, where the land to be acquired is for any road or bridge project,]

11. Notice to persons interested on the land.-

(1) A soon as the revised sketches and area lists are received from the Superintendent of Survey and Land Records and the detailed valuation statement is approved by the District Collector, the Land Acquisition Officer shall cause public notice in Form No.9 (a) to be given at the convenient places on or near the land to be taken as required under sub-section (1) of section 9.

(2) A notice in Form No. 9 (b) shall be served on all the persons concerned in the manner prescribed in Section 45 and as required in sub-section (3) of Section 9.

1. Inserted by Noti. G.O. (P) No. 26/2002/RD dt. 5-2-2002 pub. in KG. Ex. No. 233 dtl3-3-2002 as SKO 135/2002

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12. Awards for compensation.-

(1) A soon as the claims of the persons interested in the land are enquired into as contemplated in rule 11 the Land Acquisition Officer shall prepare a draft award (in Form No. 10) and submit the same with all connected records.

1 [(a) to the District Collector where the award does not exceeded Rs. One Crore.

(b) to the Commissioner of Land Revenue, where the award exceeds Rs. One Crore but does not exceed Rs. Two crores.

(c) to the Government in the concerned Department, where the award exceeds Rs. Two crores.]

(2) As soon as previous approval is received the Land Acquisition Officer shall make an award in Form No. 10 and send one copy of such award to the District Collector for effecting necessary changes in the revenue records and one copy to the requisition authority. A copy of the award statement shall thereupon be sent to the Accountant General in 'Form A' in duplicate.

(3) No award shall be passed unless the Land Acquisition Officer has sufficient funds at his disposal for making payment of the compensation or depositing the same in to the Treasury or Court as the case may be.

(4) Where all the persons interested in the land notified for acquisition executes an agreement as required under sub-section (2) of Section 11, award at any stage of the proceedings after the publication of the draft declaration under Section 6 of the Act in terms of such agreement without making any further enquiry.

(5) The agreement shall be in Form No. 10(a) appended to these rules and it shall be executed between the owner or owners of the land of any person or persons interested therein on the one part and the District Collector for and on behalf of the Government of Kerala, on the other part,

(6) No award shall be passed under sub-rule (4), unless previous approval is obtained from the competent authority as required under sub section (1) of Section 11.

2[12A. Re-de termination of the amount of compensation on tne basis of the award of the Court,-

(i) On receipt of an application under Section 28 A from the persons interested within the stipulated period, the Collector shall conduct an enquiry after due notice to all the persons interested and after giving them a reasonable opportunity of being heard, make an award re-determining the compensation payable to each applicant. The value of each sub-division shall be decided upon by the collector. The applicability of the award of the Court and the rate of compensation to be awarded on

1. Substituted by SRO 491/2001 dt. 3-5-2001 pub. in K.G. Ex. No, 691 dt. 8-5-2001.

2. Added by Noti. G.O. (P) No. 111/94/RD dt. 5-4-1994 pub. in K.G. Kx. No. 317 dt. 8-4-1994 as SRO 427/94.

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re-determination have to be adjudicate, upon by the Collector taking into consideration all relevant act and circumstances. Every award under Section 28 A shall be supported by a note to award giving justification in passing such award.

(ii) The re-determination compensation shall not be less than the compen-sation originally awarded or shall not be more than the amount awarded by the Court. It shall not be more than the compensation originally claimed by the landowner.

(iii) Every award under Section 28 A shall be in Form No. 10 (C).

(iv) Every award under Section 28 A shall be got approved by the Competent Authority subject to the monetary limit prescribed under clauses (a) to (c) of sub-rule (1) of Rule 12.

(v) No application under section 28 A shall be entertained when a land acquisition appeal case is pending before a Court.

(vi) 1[xxx]

(vii) A register in Form. No. 10 (aa) showing the details of applications under Section 28 A shall be maintained by the Collector.

13. Notice of award and payment.-

(1) Immediately, after the award is made, the Land Acquisition Officer shall issue a notice of award in Form No. 10 (b). The said notice shall be served on the awardees as well as other persons interested in the land in the manner prescribed in section 45.

(2) In case the awardees or their authorised agents fail to appear and accept the award or fail to apply for a reference to court under section 18, the amount due shall be paid into the treasury as Revenue Deposit payable to the persons to whom it is respectively due and vouched for in Form E. A notice intimating the deposit of the amount into the Treasury shall also be served on all the awardees and interested persons in Form No. 11.

(3) As soon as the payment or deposit of the award is completed, a subsidiary statement in Form 'B' showing the acceptance of award shall be sent to the Accountant General in duplicate.

(4) Where an award has been made by a court under section 25, a second award statement shall be prepared in Form 'C' by the Land Acquisition Officer and a copy thereof sent to the Accountant General in duplicate.

(5) The Accountant General will forward one copy each of the completed A, B and C statements to the Board of Revenue which will be filed there and retained permanently.

14. Mode of payment of awards. -

(1) The amount required for payment or deposit of the award shall not be drawn by the Land Acquisition Officer in cash. It shall be drawn in favour of the payee by means of printed and machine numbered TV form cheques to be obtained from the treasury on proper indent through the District Collector.

1. Omitted by SRO 963/99 pub. in K.G. Ex. No. 2163 dt. 26-11-1999, 7

(2) The payment relating to an award shall be made or the amount credited to Court of Revenue deposit within one month from the date of the award and in the case of an award made in the-month of March it shall be paid or deposited before the end of the financial year.

(3) All payments into Court for deposits shall be made by means of ‘D’ form cheques drawn in favour of the Presiding Officer of the Court payable by order of the Court to the credit of Civil Court deposits. In such case the Form ‘D’ cheques shall be accompanied with receipts in triplicate in Form ‘F’ duly filled up. The Presiding Officer shall retain one copy of the Form ‘F’ and return two copies to the Land Acquisition Officer after sending acknowledgments on them. One copy of the Form F shall be retained by the Land Acquisition Officer and the other copy sent to the Accountant General in Form ‘B’ statement.

(4) A stock register of printed ‘D’ form cheques shall be maintained by each Land Acquisition Officer in Form No. 11 (a). The serial number of cheques used for each award shall be noted in the register and balance struck. The Land Acquisition Officer shall retain the used cheque books in his personal custody and shall also maintain a separate register of cheques issued giving reference to the details such as (a) cheque number, (b) date of drawal, (c) award number and date, (d) name of payee, (e) Treasury drawn upon and (f) amount.

15. Taking possession of land.-

(1) The payment or deposit of the amount awarded shall not be effected unless the land is taken possession of.

(2) A soon as the award is made, the Land Acquisition Officer shall take over the property if not already taken and hand over possession of the same to the authorised representative of the requisition body under proper acknowledgement in the sketches and mahazers.

(3) For the purpose of taking over and handing over possession of the land a notice in Form No. 12 shall be served on all the parties interested in the land and an intimation given to the requisitioning authority in Form No. 13.

(4) Where any difficulty arises in obtaining surrender of property, the Land Acquisition Officer shall if he is not a Magistrate, apply to a Magistrate to enforce surrender of the property as required under section 47. The Magistrate may issue a warrant to a Police Officer not below the rank of a Sub Inspector, for enforcing surrender of the land, if necessary, by using force.

1[(5) In the cases where possession of land is taken in advance under Section 17 of the Act; it should be done only after giving a notice to the land owner and occupier thereof as required under sub-section (2) of Section 17 of the Act. Such advance possession of land shall not be

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1. Substituted by Noti.G.O. (P) No. 337/97/RD dt. 7-5-1997 pub. in K.G. Ex. 581 dt. 7-5-1997 as SRO 357/97.

taken unless a detailed mahazer showing the description of land and improvements thereon is prepared by the Land Acquisition Officer in the presence of the owner or other persons interested and the repre-sentative of the requisition body and got attested by them.)

(6) A soon as the land is taken possession of intimation to that effect shall be given to the Sub Registrar concerned in Form No. 14 under proper acknowledgement to enable the Registration Department to maintain the permanent land records in their offices.

16. Reference to Court.- Reference to Court under section 18 or sub-section (3) of section 28A or Section 30 of the Act shall be made by the Land Acquisition Officer in Form No. 15 supported by information in the prescribed schedule in Form Nos. 16 and 17:

Provided that in the case of application presented to the Land Acquisition Officer for reference to Court it shall be refereed within a period of six months from the date of receipt of the application.

1[16A. (1) Every application for reference to Courts under Sub-section (1) of Section 18 and sub-section (3) of Section 28A of the Act shall be made in Form No. 22A, in triplicate, and shall be filed within the time limit prescribed for the purpose.

(2) As soon as the reference application is received, the Land Acquisition Officer shall make necessary entries in the Register in Form Nos, 21 and 23.

(3) One copy of the application shall be returned to the applicant duly acknowledging its receipt with the office seal and dated signature of the Land Acquisition Officer, immediately on receipt. The other copies shall be used for reference to Court and for office records],

17. Cancellation or modification of notification.- The authority competent to approve the notifications and declarations under these rules shall also be competent to cancel them or to modify them by issuing appropriate cancellation or erratum notification as the case may be.

18. Maintenance of Registers.- The following registers shall be maintained in all the offices dealing with land acquisition work.

(a) A special Register of Land Acquisition Cases in Form No. 19.

(b) A award Register in Form 20.

(c) A register of Land Acquisition Suits in Form No. 21.

(d) A register of claims made by interested parties in Form No. 22.

(e) A register of reference applications filed by awardee in Form No. 23. 2[(f) A register of applications for re-determination of compensation under

Section 28 A filed by persons interested in Form No. 10 (aa)).

1. Added by Noti. G.O. (P) No. 105/99/TD dt. 29-3-1999 pub. in K.G. Ex. No. 704 dt.6-4-1999

as SRO 322/99.

2. Added by G.O. (P) No. 111/94/RD dt. 5-4-1994 pub. in K.G. Ex. No. 317 dt. 8-4-1994 as SRO 427/94. 9

Appendix

(The Forms given in this Appendix may be used for the purposes mentioned therein with such variations as the circumstances of each case may require without affecting the substances thereof).

Form No. 1

(See Rule 3)

In exercise of the powers conferred by clause (c) of section 3 of the Land Acquisition Act, 1894 (Central Act 1 of 1894), the Government of Kerala hereby appoint the officers specified in column (1) of the Schedule below to perform the functions of a Collector under the said Act within the area specified in column (2) thereof and under sub-section (2) of section 4 of the said Act authorise them, their servants and workman to exercise the powers conferred by the said subsection in respect of any land within their respective jurisdiction for the acquisition of which a notification under sub-section (1) of section 4 has been published.

Schedule

Sl.No. Designation of the Officer

Area of jurisdiction

(1) (2)

(3)

(1) ......….

(2) ……….etc.

By order of the Governor,

Form 2

[See Rule 4(1)]

Form of Requisition for acquisition of land

1. Name of District, Taluk and Village,

2. Survey Number(s).

3. Extent of land to be acquired.

4. Purpose for which it is to be acquired.

5. (a) Name and designation of the departmental officer, if any, deputed for

the joint inspection with the revenue officer.

(b) Whether it is necessary to take possession of the land in advance by invoking the urgency clause under section 17 of the Land Acquisition Act.

(c) If so, the special reasons to be given in a detailed manner as possible to enable the Government to decide upon the question

(d) If the land is to be taken possession of in advance of the award whether the requisitioning officer has gone through the relevant provisions of the Land Acquisition Act and the rules made thereunder and satisfied himself about the need for doing so.

(e) Whether interest charge on the compensation amount may be paid from the date of taking possession of the land under the urgency clause.

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6. Whether the resolution of the Panchayat or Municipal Council or Corporation undertaking to use the land for the specific purposes etc. is attached.

7. If required on behalf of Panchayat or Municipal Council or Corporation whether the certificates regarding the suitability of the site are appended.

8. (a) Whether the sanction of the competent authority has been obtained.

(i) for the work for which the land is required, (ii) for the requisition of the land in question.

(b) Whether necessary budget provision exists for meeting the cost of acquisition.

Certificates

1. Demarcation. - That the site was peg marked on the ground and the demarcation approved by a responsible Officer.

2. Plan.- That accurate measurements are furnished in the plan attached.

3. Objection.- That the objections of the owners have been duly considered and that the selection of another suitable site less open to objection by the owners was found impossible.

4. Sanction.- That sanction of the competent authority exists for the work for which the land it required.

5. Funds.- That provisions has actually been made in the budget for the cost of acquisition under the head of account".........."

6. That the acquisition proposal satisfied the conditions prescribed in Rule 2 of the Kerala Municipalities (Acquisition and Transfer of Immovable Properties) Rules, 1962, Section 68 of the Trivandrum City Municipal Act, 1116 or Section 72 of the Calicut City Municipal Act, 1961 (Applicable to Municipal Councils and Corporations Only).

7. That the acquisition proposal satisfied the conditions prescribed in Rule 3 of the Kerala Panchayats (Acquisition and Transfer of Immovable Properties) Rules, 1963 (Applicable to Panchayats only).

8. That the Panchayat, the Municipality or the Corporation has agreed to abide by the conditions that may be imposed for alienation of the land after acquisition.

9. Agreed also to pay such compensation for damage as may be determined under section 48 of the Land Acquisition Act, if there has to be a withdrawal notification.

Signature and Designation of the Requisitioning Authority.

Form No. 3 (a) [See Rule 5(1)]

Form of Preliminary Notification to be Issued by the Land Acquisition Officer under sub-section (1) of the Section 4

Notification

No............ Place................ Dated.........

Whereas the Government of Kerala have in notification No........dates.......

appointed by the...........to perform the functions of a Collector under the Land

Acquisition Act, 1894 (Central Act 1 of 1894); 11

And Whereas it appears to the Government of Kerala that the land specified in the schedule below is needed or is likely to be needed for a public purpose, to wit………………..;

Now, therefore, notice to that effect is hereby given to all whom it may concern, in accordance with the provisions of sub-section (1) of section 4 of the Land Acquisition Act, 1894.

Schedule

District:

Taluk Village or Amsom and Desom:

(The extent given is approximate)

Serial No. Survey No. Description Extent

H.Are Sq. meter

…………………

Total

………………….

Land Acquisition Officer. Form No. 3 (b)

[See Rule 5(2)]

Form of Preliminary Notification to be Issued by the Government under sub-section (1) of Section 4

Notification No……. Place……... Dated…….

Whereas in exercise of the powers conferred by clause (1) of Article 258 of the Constitution of India, the President has in notification No. 12011/32/13/ 84/LRD Dated the 19th January, 1985, published as S.O. 33 (E) in Part II, Section 3, sub-section (ii) of the Gazette of India Extraordinary No. 28 dated the 19th January 1985 entrusted the Government of Kerala with their consent the functions of the Central Government under the Land Acquisition Act, 1894 (Central Act 1 of 1894), in relation to the acquisition of land for the purposes of the Union, in the State of Kerala;

And Whereas, it appears to the Government of Kerala that the land specified in the schedule below is needed or is likely to be needed for a public purpose, to wit for ………………,

Now, therefore, notice to that effect is hereby given to all whom it may concern, in accordance with the provisions of sub-section (!) of section 4 of the said Act.

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Schedule District

Taluk Village or Amsom and Desom

(The extent given is approximate)

Serial No. Survey No. Description Extent

H. Are Sq. Meter

…………

Total

…………

By order of the Governor, Secretary to Government. -

Form No. 3 (c) [See Rule 6 (2)1

Form of composite notification to be issued by the Land

Acquisition Officer under sub-section (1) of section 4

and sub-section (4) of section 17

Notification No......... Place........... Dated........

Whereas the Government of Kerala have in notification No..............dated

the.............appointed.............to perform the functions of a Collector under the

Land Acquisition Act, 1894 (Central Act 1 of 1894);

And whereas it appears to the said Collector that the land specified in the schedule below is needed or is likely to be needed for a public purpose, to wit for.........................................................................................................................;

Now, therefore, notice to that effect is hereby given to all whom it may concern, in accordance with the provisions of sub-section (1) of section 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894).

In view of the urgency of the case, the Board of Revenue under subsection (4) of Section 17 of the said Act has directed that the provisions of sections 5 A of the Act shall not apply to this case.

Schedule

District:

Taluk: Village or Amsom and Desom:

(The extent given is approximate)

Serial No. Survey No. Description Extent

H. Are Sq. Meter

……………

Total

……………

Land Acquisition Officer 13

Form 3 (d)

[See Rule 6 (3)]

Form of composite notification to be issued by Government under sub-section (1) of Section 4 and sub-section (4) of Section 17

Notification No..., Place... Dated...

Whereas in exercise of the powers conferred by clause (1) of Article 258 of the Constitution of lndia, the President has in Notification No. 12011/32/13/ 84/LRD dated the 19th January, 1985 published as S.O. 33 (E) in Part II, Section 3, sub-section (ii) of the Gazette of lndia Extraordinary, No. 28 dated the 19th January, 1985 entrusted the Government of Kerala with their consent, the functions of the Central Government under the Land Acquisition Act, 1894 (Central Act 1 of 1894) in relation to the acquisition of land for the purposes of the union, in the State of Kerala;

And whereas, it appears to the Government of Kerala that the land specified in the schedule below is needed or is likely to be needed for a public purpose, to wit………;

Now, therefore, notice to that effect is hereby given to all whom it may concern, in accordance with the provisions of sub-section (1) of section 4 of the said Act.

Under sub-section (4) of section 17 of the said Act, the Government direct that in view of the urgency of the case, the provisions of section 5 A of the Act shall not apply to this case.

Schedule

District:

Taluk : Village or Amsom or Desom

(The extent given is approximate) Serial No. Survey No. Description Extent

H. Are Sq. Meter

……………

Total

……………

By order of the Governor,

Secretary to Government

Form No. 4 (a)

[See Rule 7(1)]

Notice

No....... Dated............

Notice is hereby given that the land specified in the appended schedule and situated in the village of …… in the taluk of in the District of …… is needed or is likely to be needed for a public purpose, to wit for... in accordance with the notification No …….. published, under sub-section (1) of section 4 of the Land 14

Acquisition Act, 1894 (Central Act 1 of 1894) at pages...of Part 1 of Kerala Gazette dated.....................................................................daily dated and daily dated..................................................................................All persons interested in the said land are accordingly required to lodge before the at within 30 days from the date of publication of the above notification, or the giving of this public notice whichever is later a statement in writing of their objections, if any to the proposed acquisition of the said land. Any objection statement which is received after the due date or which does not clearly explain as to how the objection is interested in the land is liable to be summarily rejected.

Schedule

Serial No. Survey No. Description Extent Name of Reputed

required Owners/Interested in hecters Persons

Land Acquisition Officer

Form No. 4 (b)

[See Rule 7 (2)]

Notice

No.... Dated............

Notice is hereby given that the land specified in the appended schedule and

situated in the village of............in Taluk of............in the District of................

is needed or is likely to be needed for a public purpose, to wit for................in

accordance with the notification No..............published under sub-section( 1) of

section 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) at

pages..............of Part I of Kerala Gazette dated............daily dated..................

and...............daily dated etc.

Schedule

Serial No. Survey No. Description Extent Name of Reputed

required Owners/Interested in hecters Persons

Land Acquisition Officer

Form No. 4 (c)

[See Rule 8(1)

Notice

No....... Dated............

Pursuant to the notice in respect of the acquisition of land mentioned in the Schedule below, issued under sub-section (!) of section 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and under sub-rule (1) or Rule 8 thereof, objections have been received from the following persons:

(a)..........................

(b)..........................

(c)..........................

(d).......................... 15

2. Notice is hereby given to the above objectors that their objections will be enquired into by the……….at……….on………. when they will be at liberty to appear in person or by pleader and to adduce any oral documentary evidence in support of their objections.

3. Copies of the above objections are herewith forwarded to the **..........

...........who may file, on or before the date specified in paragraph 2 above, a

statement by way of answer to the objections and also depute a representative to attend the inquiry.

Schedule

Taluk: District: Village:

(The Extent given is approximate)

Sy. No. Description Extent (in hecters)

Land Acquisition Officer

Place:

Date:

** Departmental Officer, or Local Authority as the case may be.

Form No. 5 (a)

[See Rule 8 (5)]

Form of Declaration to be Issued by the Government under Section 6 of

the Land Acquisition Act, 1984 when the acquisition is for the

purpose of Central Government under the ordinary clause.

Declaration No............... Dated..............

Whereas in exercise of the powers conferred by clause (1) of Article 258 of the Constitution of India the President has in Notification No. 12011/32/13/ 84/LRD dated the 19th January, 1985 published on S.O. 38(E) in Part II. Section 3 sub-section (ii) of the Gazette of India Extraordinary No. 28 dated the 19th January, 1985 entrusted the Government of Kerala with their consent, the functions of the Central Government, under the Land Acquisition Act, 1894 (Central Act 1 of 1894) in relation to the acquisition of land for the purpose of the Union in the State of Kerala;

And whereas under sub-section (1) of section 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) notification No……….dated the……….in respect of the land specified in the Schedule below has been published as SRO No………. in the Kerala Gazette No……….dated the……….

And whereas, the Government of Kerala are satisfied that the said land has to be acquired for a public purpose.

Now, therefore, the Government of Kerala hereby declare under section G of the Act that the land specified in the schedule below and measuring ……….hectares ……….ares be the same a little more or less, is needed, for a public purpose, to wit……….and under section 7 of the said Act direct the……….to take order for the acquisition of the land. 16

A plan of the land is kept in the Office of the........and may be inspected at

any time during Office hours.

Schedule

Taluk District Village or Amsom and Desom,

(The extent given is approximate) Serial No. Survey No, Description Extent

Hectare Are Sq.m

……….……….

Total

……….……….

By order of the Governor,

Form No. 5 (b)

[See Rule 8 (5)]

Form of Declaration to be Issued by the Government under

Section 6 of the Land Acquisition Act, 1894 when the

acquisition is under the urgency clause

Declaration No... Dated...

Whereas, in exercise of the powers conferred by clause (1) of Article 258 of the Constitution of India the President has, in notification No. 12011/32/13/ 84/LRD dated the 19th January. 1985 published as S.O. 33 (E) in Part II. section 3 sub-section (ii) of the Gazette of India Extraordinary No. 28 dated the 19th January, 1985 entrusted the Government of Kerala, with their consent, the function of the Central Government under the Land Acquisition Act, 1894 (Central Act I of 1894) in relation to the acquisition of land for the purpose of the Union in the State of Kerala;

And whereas under sub-section (1) of section 4 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) notification No………. date……….....in respect of the land specified in the schedule below has been published as S.R.O. No……….in the Kerala Gazette No……….dated the……….

And whereas, under sub-section (1) of section 17 of the said Act the Government of Kerala have directed that in view of the urgency of the case the provisions of Section 5 A of the Act shall not apply to the land specified, in the schedule below;

And Whereas, the Government of Kerala are satisfied that the said land has to be acquired for a public purpose;

Now, therefore, the Government of Kerala hereby declare under section 6 of the Act that the land specified in the schedule below and measuring………. hecters………. ares be the same a little more or less, is needed for a public purpose, to wit……….and under section 6 of the act, direct the……….to take order for the acquisition of the land. Further, under sub-section (1) of

17

section 17 of the said Act the Government direct that the Collector may take possession of the land on the expiry of fifteen days from the date of publication of the notice mentioned in sub-section (1) of section 9 of the Act,

A plan of the land is kept in the office of the......and may be inspected-at

any time during office hours.

Schedule

Taluk: District Village or

Amsom and Desom: (The extent given is approximate)

Serial No. Survey No. Description Extent (in H/are).

By order of the Governor

Form No. 5 (c)

[See Rule 8 (5)]

Form of Declaration to be issued by the Secretary, Board of Revenue

under section 6 of the Land Acquisition Act, 1894 when the

Acquisition is under the ordinary clause

Declaration No........... Dated the............

Whereas, under sub-section (!) of section 4 of the Land Acquisition Act,

1894 (Central Act 1 of 1894) Notification Nodated.........in respect of the land

specified in the schedule below has been published;

And whereas the Board of Revenue is satisfied after considering the report made by the Land Acquisition Officer under sub-section (2) of section 5 A of the Land Acquisition Act, 1894 (Central Act 1 of 1894) that the land specified in the schedule below has to be acquired for a public purpose;

Now, therefore, the Board of Revenue hereby declares under section 6 of the Act, that the land specified in the schedule below and measuring………. hecters……….ares, to be the same a little more or less, is needed for a public purpose, to wit……….and under section 7 of the Act, direct the ……….to take order for the acquisition of the land.

Apian of the land is kept in the office of the..............and may be inspected

at any time during office hours.

Schedule

Taluk: District Village or Amsom and Desom:

(The extent given is approximate)

Serial No, Survey No, Description Extent

H. Are. Sq. m.

……….

Total

……….

Secretary,

Board of Revenue 18

Form No. 5 (d)

[See Rule 8 (5)]

Form of declaration to be issued by the Secretary, Board of Revenue under section 6 of the Land Acquisition Act, 1894 when the acquisition is

under the urgency clause

Declaration No............ Dated.................

Whereas, under sub-section (1) of section 4 of the Land Acquisition Act,

1894 (Central Act 1 of 1894) Notification No........dated the.............in respect

of the land specified in the Schedule has been published...........

And whereas under sub-section (4) of section 17 of the Land Acquisition Act, 1894 (Act 1 of 1894) the Board of Revenue has direct that in view of the urgency of the case, the provision of section 5A of the said Act shall not apply to the land specified in the schedule below;

And whereas, the Board of Revenue is satisfied that the said land has to be acquired for a public purpose;

Now, therefore, the Board of Revenue hereby declares under section 6 of the Act, that the land specified in the schedule below and measuring………. hectares ……….ares; be the same a little more or less is needed for a public purpose to wit and under section 7 of the Act direct the……….to take order for the acquisition of the land. Further under sub-section (1) of section 17 of the Act the Government direct that the collector may take possession of the land on the expiry of fifteen days from the date of publication of the notice mentioned in sub-section (1) of section 9 of the Act.

A plan of the land is kept in the office of the.......and may be inspected at

any time during office hours.

Schedule

Taluk: District Village or Amsom and Desom:

(The extent given is approximate)

Serial No. Survey No. Description Extent

H. Are. Sq. m.

Total

Secretary, Board of Revenue

Form No. 6

[See Rule 9 (2)] Notification

No............ Place, dated...............

Under sub-section (1) of section 48 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) the Government of Kerala hereby withdraw from the acquisition of the land/lands mentioned in the Schedule hereto annexed in respect of which land acquisition proceedings were initiated by the issue of the Notification No……….dated ……….under sub-section (1) of section 4 thereof published. at page……….of part……….of the Kerala Gazette

19

dated……….and the Declaration No………. dated ………. under section 6 of the said Act published at page……….of……….the Kerala Gazette dated……….and……….

Schedule

District

Taluk Village:

SI.No. Sy. No. Description Extent

By order of the Governor Secretary to Government

Form No. 7

[See Rule 9 (3)]

Draft form of agreement under the Land Acquisition Act, 1894 for the

acquisition of land for public purpose other than for the purpose

of State Government or Central Government

Articles of Agreement made this the........day of...........19...........between

...........(here enter the name of the Institution/Association/Local Authority)...

registered under.............and having its office at............(hereinafter called "the

Bounden") of the one part and the Governor of Kerala (herein after called "the Government") of the other part.

Whereas upon the application of the Bounden the Government have agreed to acquire on behalf of the Bounden under the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894) the land described and alienated in the schedule hereto annexed and situation in……….Village……….Taluk……….District, it having been shown to the satisfaction of the said Government that the proposed acquisition is needed for the construction of a work likely to prove/useful to the public namely or for a purpose calculated to promote and develop agricultural industry or co-operation and whereas the said Government have called upon the Bounden to enter into the agreement with the Government as hereinafter contained. Now these presents witness and it is hereby agreed of and declared as follows:-

1. The Bounden shall deposit with the Collector (Land Acquisition Officer) at the time of execution of the agreement or at any other date to be fixed by the Collector (Land Acquisition Officer), the following amounts:-

(a) The estimated amount of compensation as may be provisionally fixed by the Collector (Land Acquisition Officer), and the estimated amount of establishment charges likely to be incurred by the Government in connection with this acquisition to be provisionally fixed by the Collector (Land Acquisition Officer).

(b) The decision of the collector (Land Acquisition Officer) regarding the estimated amounts under this sub-clause shall be final and legally binding on the Bounden.

2. After adjustment of the amount so deposited, the bounden shall pay to the Government before the said land transferred to the bounden the excess, if any, of the cost of the land as settled by the Collector (Land Acquisition Officer) 20

or if reference is made to the Court by the final court of appeal all costs of acquisition inclusive of all payments and allowances in respect thereof payable under the said Act and all Court costs and Pleader's fee etc., incurred by the said Government in defending the references, if any, made to the court as aforesaid and on appeal or appeals filed in connection therewith and all costs, pleader's fee etc., payable or paid by the said Government to the claimant in the said matters and also of the amount of establishment charges incurred by the Government as finally settled by the Collectors (Land Acquisition Officer), The Government shall not be bound to give possession of the land until all the said moneys have been paid and may withdraw from the acquisition and in case of withdrawal in Bounden shall be liable to indemnify the Government against all expenses incurred and damage sustained as a result of anything done by them in the matter of acquisition till the date of withdrawal.

The decision of the Government regarding the amounts payable by the Bounden upon such withdrawal shall be final and legally binding on the Bounden. Upon such payment by the bounden the Government shall execute and do all such acts, deeds, matters and things as may be necessary or proper for effectively vesting the said land in the Bounden and giving the Bounden an absolute title thereto subject to the payment of an assessment or ground rent as hereinafter provided.

3. The terms upon which the said land shall be held by the Bounden are;

(a) that the land shall be used for the..........;

(b) That the Bounden shall pay to the Government annually the appropriate assessment or ground rent, as the case may be, on land which shall be liable to revision at any general revision of the land revenue assessment;

(c) that the Bounden shall not except with the previous sanction of the Government, use the land for purpose other than that for which it is acquired;

(d) that the Bounden shall erect or provide the dwelling houses or amenities directly connected therewith within a period of years from the date of transfer of the land to it subject to the conditions and in the manner specified below;

(e) the Bounden shall execute the work for the construction of which the

land is acquired within a period of......... years and maintain it subject to the

following conditions:-

(f) that the Bounden shall allow the public to use the work on following terms:- (here enter the special clause if any, to be provided in each case on its merit).

That in the event of the Bounden being wound up or in the event or failure

on the part of the Bounden to carry out the terms of agreement, that is to say....

the land shall be liable to resumed and taken back by the Government on payment to the Bounden of the amount of the award as finally settled less the 30 per cent awarded for compulsory acquisition or estimated market value of land at the time of resumption which ever shall be less and if there are any buildings on the land the Government may at their option either purchase the buildings on payment of their estimated value at the time or direct the Bounden to remove the buildings at its own cost with him such time as may be allowed by the Government. 21

That in the event of the voluntary relinquishment of the land by the Bounden as not required for the purpose for which it was acquired the Government may resume the land if it is required for a public purpose/or if they consider that it should be returned to the original owner. If the Government decide not to exercise this power and inform the Bounden accordingly, the later may disposses of the land in any manner it likes. In the event of the resumption of the land under this condition, the compensation payable to the Bounden shall be the value of the land at the time of resumption whichever may be less together with the value of the building and other improvements at the time of resumption. If there are building on the land which the Government do not require the institution shall remove them at its cost;

(g) that the Government shall have the right to resume the land if the Bounden does not use the land for the purpose for which it was acquired within a period of year or such period as further extended by the Government to be reckoned from the date on which the Bounden was placed in possession of the land;

(h) that the Bounden shall allow any officer of the Land Revenue Department not below the rank of a Village Assistant, whenever, required to enter upon the land for the purpose of verifying whether matters provided for in the agreement have been complied with.

4. All the costs and expenses of, and incidental to the preparation and execution of this agreement excluding stamp duty but including costs of regis- tration if registration is required by the Government shall be paid by the Bounden.

5. All sums found due to the Government under or by virtue of this agreement shall be recovered from the Bounden and its properties movable and immovable, as if such sums are arrears of land revenue under the provisions of the Kerala Recovery Act, 1968 and in such other mariner as the Government may deem Fit.

In witness where the seal of the Bounden hath hereunto been affixed and

the indenture executed for land on behalf of the Bounden by...and Sri.............

by order and direction of and acting for and on behalf of the Governor of Kerala hath hererunto set their hands the day and the year first above written.

(Here enter Schedule above referred to)

Registration District:

Sub District:

Name of Village and Town:

Description of land-wet or dry with Sy. Nos.

Boundries and area etc..

Signed by Sri...........

{in the presence of witnesses) Witnesses: 1.

2.

Signed by Sri

(in the presence of witnesses)

1.

2. 22

Form 8

[See Rule 10 (2)].

Valuation of Statement of Lands Proposed to be Acquire for…………

SL.No

Taluk

Village

Survey

Sub division No. or letter

Tenure

Classification

Land

Are under acquisition Hect.Are

Rate per H.Are Sq.M. Rs.P

Amount of estimated Compensation Rs.P

(1)

(2)

(3)

(4)

(5)

(5a)

(6)

(7)

(8)

Form No.8- (Contd.)

Trees

Buildings

Description

No

Amount of estimated compensation Rs.P

Description

Amount of estimated compensation Rs.P

Total of Columns (8), (11) and (13) Rs.P

30% of solatium on market value shown in column (14)

Total Columns (14) +(15)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

Form No.8 -(Contd.)

Name of Pattadar

Name of person in possession

Remarks

(17)

(18)

(19)

Revenue Inspector

Valuation Assistant

Land Acquisition Officer

23

Form No. 9(a)

[See Rule 11 (1)]

Notice under section 9(1) of the Land Acquisition Act, 1894

(Central Act 1 of 1894)

Notice is hereby given that the Government intend to take possession of the land mentioned in the list below, which is required for a public purpose under the Land Acquisition Act, 1894(Central Act 1 of 1894). All persons interested in the Land are required to appear in person or by authorised agent on……………..before the…………. at…………..(Place) and to state/put in a statement in writing signed by themselves or their agents, showing the nature of their respective interests in the land, the amount and particulars of their claims to compensation for such interests, in the land and their objections, if any, to the measurements made under Section 8 of the Act.

Particulars of Land

District and Taluk

Village

Name of owner, occupier, or other persons interested on the land or entitled to act for persons so interested

Description

of land

Survey

Number

Extent

Place: Land Acquisition Officer

Date:

Form No. 9 (b)

[See Rule 11(2)]

Notice under section 9 (3) of the Land Acquisition Act, 1894

(Central Act 1 of 1894)

Notice is hereby given that the Government intend to take possession of the land mentioned in the list below which is required for a public purpose under the Land Acquisition Act, 1894 (Central Act 1 of 1894). You are hereby required to appear in person or by authorised agent on……………before……………at……………(place) and to state/put in a statement in writing signed by you or your authorised agent showing the nature of your interest in the land, the amount and particulars of your claim to compensation for such interest and your objection if any, to the measurement made under section 8 of the Act. 24

Particulars of the Land

District

Tuluk and

Village

Name of owner, occupier, or other persons interested in the land or entitled to act

for persons so interested

Description of land

Survey Number

Extent

H.A. Sq.M

Place: Date:

Land Acquisition Officer

Form No. 10

[See Rule 12(1)] Award

No.

Made by -

Under section 11 of the Land Acquisition Act, 1894 (Central Act 1 of 1894).

Whereas an extent of land measuring.............and situated in the Village

of............in the Taluk of...............in the District of.................and registered in

the name of, or occupied by the persons specified below has been declared by

Government at page of......................of the Gazette, Part.........................dated...........................................................daily dated......................................and ……………daily dated.....................to be needed for the undersigned after full

enquiry into the case and on due consideration of the various circumstances connected with the acquisition as hereto before set forth make the following award under his hand:

(i) The true area of the land in hectares/ares

(ii) The compensation allowed for the land is Rs......as shown below:

(a) value of the land at Rs........per hectare/are

(b) value of improvements

(c) value of buildings, wells, crops, trees etc.

(c) market value of land (total of a, b and c)

(iii) increase on market value [item ii(d)] at 12 per cent per annum

under section 23 (1A) for the period............

(iv) 30% solatium on market value [item ii (d)] (v) Interest if any,

(a) at 9% (specify period)

(b) at 15% (specify period) Total -[items (ii) (b) + (iii) + iv +v (a) and (b)]

District, Taluk and Village

(1)

Survey

Number

(2)

Extent

(3)

Name of Registered

holder or occupier

(4) 25

(vi) The persons or person to whom the compensation is due. Serial Number______________Name_________________Rs. P.

The undersigned certifies that:

(a) notices have been promulgated or served in accordance with section 9 of the Land Acquisition Act and that evidence for such promulgation or service forms part of the record.

(b)There is a plotted plan of the land or lands to be acquired.

Land Acquisition Officer.

Form No. 10 (a)

[See Rule 12 (5)]

Agreement to be executed when land is acquired for public purposes by agreement between the persons interested and the Acquiring body

An agreement made this............day of............19.............between.............

hereinafter called the 'Owner' (which expression shall unless repugnant to the context or meaning thereof include his heirs, executors and administrators) and

................hereinafter called the 'Interested Party1 (which expression shall unless repugnant to the context or meaning thereof include their successors and assignees (to be scored out if there is no interested party) on the one part and the Governor of Kerala acting through…………… hereinafter called the 'Government' on the other part.

AND WHEREAS the right, title and interest of the owner/owners and the interested part/parties in the following land/lands hereinafter called the 'said land/lands' is/are as specified below:

(a) Owner/owners being the absolute owner/owners of the property or having an interest therein capable of leading to ownership ultimately, hereinafter mentioned and hereby conveyed in the following shares, that is to say:

(1).............................. s/o........................... share...........................

(2).............................. s/o........................... share...........................

(3).............................. s/o........................... share...........................

(b) Where the land/lands are held by the interested party/parties under the owners named herein above with respective terms and nature of interest:

(1)...,......... s/o..................... Define term and nature of interest..............

(2)............ s/o..................... Define term and nature of interest..............

(3)............ s/o...................... Define term and nature of interest..............

(To be scored out if there is no interested party)

AND WHEREAS the said land/lands have been notified for acquisition

under section 4 of the Land Acquisition Act. 1894, under Notification No........

dated...........published on.................

AND WHEREAS the owner and the interested party agree to refer the matter to the reference of the Collector and to accept the award to be made thereon as compensation payable under section 23 of the Land Acquisition Act including additional amount ©12% under sub-section (1AJ solatium @ 30% under subsection (2) thereof for the said land/lands and also agree to apportion the same between themselves as stated in detail at the end.

26

AND WHEREAS the owner and the interested persons further agree to deduction of the total amount shown in the award, in case any or all of the said thing(s) attached to the earth or permanently fastened to anything attached to the earth is withdrawn with the prior approval of the Land Acquisition Collector.

AND WHEREAS the owner an