INTRODUCTION
In case of urgency, the government is empowered to acquire land only for public purposes or for company. The government is to decide about the public purpose. A collector can acquire the possession of land under the Land Acquisition Act 1894 for public purposes. Such land vests with the Government free from all encumbrances.
RELEVANT PROVISIONS
Section 17 of the Land Acquisition Act 1894 deals with the Acquisition of Land in Urgency.
LITERAL MEANING
Urgency means something which leads to compulsory and immediate attention.
WHAT CONSTITUTES URGENCY?
Section 17 relates to the concept of ‘EMINENT DOMAIN” which means the power of the government to take away private property for public purposes. It would depend on the circumstances what would constitute an urgency. The collector is the sole Judge to determine whether there is urgency or not.
DEFINITION OF COLLECTOR
The expression collector means the collector of a district and includes a district and any special officer appointed by the provincial government to perform the functions of a collector under this Act.
CIRCUMSTANCES FOR ACQUISITION
Following are circumstances when land can be acquired.
- Acquisition of Land in Ordinary Circumstances
- Acquisition of land in Urgency
OBJECTIVE
The object of exacting Section 17 was to allow the authority to do so without waiting for other formalities to be completed.
DETERMINATION OF URGENCY
The existence of an emergency is a matter solely for the determination of the Government and is not a subject of judicial review.
PROCEDURE IN URGENCY
Collector on the direction of the Provincial Government on the expiration of fifteen days from the publication of notice can take possession of the land.
PRE-REQUISITES:
- The declaration must have been published
- Land must have been measured
- The land must have been marked out
- The land must be required for permanent acquisition
- Order of government should have been received
- Compensation has been assessed
- Compensation has been offered to the person whose land is to be required
- Land must be waste or arable
- 15 days have expired after the publication of the notice
- Public Purpose
APPLICATION OF SECTION 17
Section 17 (1) applies to arable or wasteland as well as all other land.
EFFECT OF ACQUISITION
Such land shall thereupon vest absolutely in the Government from all encumbrances.
CONCLUSION
It is concluded that the provincial Govt is empowered to acquire land in case of emergency it can direct the collector to take possession of the land or any building. The competent authority in case of urgency does not follow the formalities while taking possession of the land.
FAQs
What are the special powers granted in case of urgency as provided under section 17 of the Land Acquisition Act, of 1894?
(2019-A)
Under what provision of law, objections are heard for the land to be acquired coupled with the fact that the same is being acquired for public purpose?
(2019-A)
Explain the procedure of acquisition of land in case of urgency as provided in the Land Acquisition Act.
(2017-S)
Explain the acquisition of land in cases of urgency.
(2016-S)
Discuss the procedure of acquisition of land in case of urgency.
(2015-S, 2014-A, 2013-A, 2011-S, 2010-A)
