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Learning Outcomes Introduction Definition Legal basis

Purpose Procedure Compensation Challenging

Governing law

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At the end of the lecture students should acquire these abilities: To discuss the legal basis To analyse the purpose To examine the procedure

To explain the assessment of market value

To evaluate the validity
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Torrens System NLC 1965 land belongs to state Powers of disposal - alienation -reversion Land state matter
Land development by Federal & State State needs to acquire alienated land from registered proprietor of alienated land Definition of land acquisition
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Chiranjit Lal v. Union of India AIR 1951 SC 41

Acquisition means the acquiring of the entire title of the expropriated owner, whatever the nature or extent of that title may be. The entire bundle of rights which were vested in the original holder would pass on acquisition to the acquirer leaving nothing to the former. At page 51

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Citizens view
strictly contrary to freedom of property in capitalist society. States view Role/function of government welfare of society where land is required to carry out this function land acquisition becomes necessary.

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Legal Principle Solus populi suprema lex the public interest is paramount and that private interest may in certain circumstances be subordinated to the higher interest of the public. Doctrine of eminent domain

State of Bihar v. Kameshirar Singh

Yeap Seak Pen v. Government of Kelantan
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Legal Principle
Yeap Seak Pen v. Government of Kelantan The exercise of such power has been recognised in the jurisprudence of all civilised countries as conditioned by public necessity and payment of compensation.

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Legal Principle Federal Constitution (Article 13) a. No person shall be deprived of property save in accordance with law. b. No law shall provide for compulsory acquisition or use of property without adequate compensation.

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Legal Principle Charanjit Lal v. Union of India It is a right of every sovereign to take and appropriate private property belonging to individual citizens for public use. This right which is described as eminent domain in American law, is like the power of taxation, an offspring of political necessity and it is supposed to be based upon an implied reservation by government that property acquired by its citizens under its protection may be taken or its use is controlled for public benefit irrespective of the wishes of the owner. BK Mukherjee J.
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Federal Constitution National Land Code 1965 Land Acquisition Act 1960 (Rev. 1965)

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Purpose
Public Purpose Section 3 Land Acquisition Act 1960 Syed Omar al-Sagoff & Anor v. Government of the State of Johore [1979] 1 MLJ 49 Kulaisingam & Anor v. Commissioner of Lands, Federal Territory & Anor [1982] 1 MLJ 204 Yeap Seok Pen v. Government of State of Kelantan [1982] 2 MLJ 202 Stamford Holdings Sdn. Bhd. V. Kerajaan Negeri Johor & 4 Ors. [1995] 2 AMR 1138 More cases on Public Purpose
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PROCEDURE
Note : Importance of Procedure 1. Declarations of Acquisition (sections 4,5 & 6 - Forms A & B) 2. Enquiry (section 9 - Form E) 3. Award (sections 14 & 16 - Forms G & H) 4. Taking Possession (section 22 - Form K)

5. Payment (section 29) 6. Reference to Court (section 36, 37, 3843)

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PROCEDURE
Importance of Procedure
Article 13(1): No person can be deprived of property except in accordance with law. Goh Seng Peow & Sons Realty v. CLR WP [1986] 2 MLJ 395

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PROCEDURE
1. Declarations of Acquisition Section 4 - Form A Preliminary Declaration (Declaration of Intention Section 5 - Form B It enables the State Authority to enter land and carry out investigation/inspection, survey, soil test, etc.

Section 7 - Form C
State Authority prepares Schedule of land affected by the intended acquisition exercise.

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PROCEDURE
1. Declarations of Acquisition Section 8 - Form D Declaration of Acquisition

If investigation proves site suitable for purpose of acquisition then State Authority issues Declaration of Acquisition in Form D
Period between Form A and Form B 12 months

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PROCEDURE
Significant of Form D Market Value: o Form D is issued within 6 months of Form A market value as at date of Form A Form D is issued after 6 months of Form A market value as date of Form D Notice of RDT: Notice of acquisition endorse in RDT on date of Form D
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PROCEDURE
Significant of Form D

Award within 2 years of Form D otherwise the declaration under section 4 lapses. Acquisition exercise lapses: Form D is issued after 12 months of Form A Acquisition lapses.
Award not paid within 2 years of Form D Conclusive Evidence [s.8(3)]: Purpose of acquisition permits by the Act
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PROCEDURE
2. Enquiry Section 9 - Form E Purposes: To investigate interested parties and their status with respect to the land. To hear claims or objections To determine value of land prepare valuation report To make awards Section 11 - Form F Notice requiring written answer
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PROCEDURE
3. Award Section 14- Form G: Written award of compensation Section 16 - Form H: Notice of award and offer of compensation

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PROCEDURE
4. TAKING POSSESSION Section 22 - Form K: Notice that possession of land has been taken Section 24 - Form L: Notice to deliver IDT Entry in Document of Title Memorial in RTD Surrender of IDT
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PROCEDURE
4. TAKING POSSESSION Section 19 - Form I: Certificate of Urgency

Section 20 - Form J:
Notice to vacate building/land under certificate of urgency Section 58 - Form Q: Notice to occupy temporarily

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PROCEDURE
5. PAYMENT OF AWARD Section 29(1) as soon as may be

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PROCEDURE
6. Reference to Court Section 36 - Form M : By Collector of Land Revenue Section 38(1) - Form N : By Proprietor

Section 38(5) - Form O : By State Authority

Section 43 - Form P : Notice of Hearing

Section 56

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