Compensation for Land
198. The procedure to be observed for the payment of compensation for land taken up for public purposes under the Land Acquisition Act of 1894, is regulated by the rules in Appendix XI. Detailed instructions on the subject will also be found in Chapters XIV to XXI of the Revenue Manual.
199. In the case of land acquired by private negotiations the Government servant who settles the price, etc. should draw up Form no. A prescribed for use in the case of an awards, and this should be made the basis of the subsequent payments.
200. Rules relating to the acquisition of land for railway purposes are given in Chapter XXI of the Revenue Manual.
201. Before application is made for the acquisition of land for public purposes, the necessary of the appropriation must be clearly established and an estimate framed of the compensation to be paid and of the revenue to be remitted. It should also be stated that formal acquisition under the Land Acquisition Act is considered preferable to purchase by private contract or that the latter course has been found to be impracticable. When easements are found to exist, purchase by private contract should not be adopted, inquiry should invariably be made into the existance of easements, the results being mentioned in the application for acquisition.
202. All heads of departments should report to Government in the Revenue Department whenever any land taken for a public purpose is relinquished by their department. It will be sufficient to specify the situation and area of the relinquished land.
203. When a special officer is employed for the acquisition of land for any department, the expenditure on account of pay, allowances and leave and pensionary contributions of himself and his establishment, contingencies, etc. is chargeable to that department as part of the cost of land. When the land is taken up by a civil officer, not specially employed for the work, the pay and allowances of the officer and the charges of his ordinary establishment and contingencies are finally brought to account in the Civil Department as part of the cost of the Collectors establishment but any special charges incurred in connexion with the acquisition of the land in question, on establishment, contingencies, etc., are borne by the department for which the land is acquired (See note 2 under (8) Appendix IX).
NOTEThe above rule does not interfere with the powers of the Government to waive recovery of the special charges incurred in connexion with the acquisition of land for local bodies.