HomeLand LawsLand Acquisition Act, 1894Possession Power of Government

Possession Power of Government

Under the Land Acquisition Act, 1894, the government has the power to take possession of the acquired land after the compensation is paid to the affected landowners. This power is known as the Possession Power of the Government.

Once the government takes possession of the land, it becomes the legal owner of the land, and the landowners lose all rights and interests in the land. The government may use the land for the purpose for which it was acquired, such as constructing public infrastructure like roads, railways, or airports, or for any other public purpose that is deemed necessary.

The government is required to provide the landowners with adequate compensation before taking possession of the land. The compensation is based on the market value of the land and any other losses incurred by the landowners due to the acquisition, such as loss of livelihood or damage to structures on the land.

The government must also provide the landowners with a notice of at least fifteen days before taking possession of the land. The notice must specify the date on which possession will be taken and must be served on the landowners or posted on a conspicuous place on the land.

If the landowners refuse to give possession of the land, the government may take possession of the land by force, as provided for under the law. However, the use of force is generally avoided, and the government usually resorts to legal proceedings to acquire possession of the land.

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