Functions of Land & Building
Land & Building Department of Govt. of Delhi is responsible for
large-scale acquisition of land for Planned Development of Delhi and placing
it at the disposal of DDA for development and disposal. It has 4 main
branches viz Land Acquisition Branch, Alternative Plot branch, E.P. Cell and
Housing Loan branch.
I Functions of Land Acquisition
This branch processes the proposal for acquisition of land
received from DDA as well as other Departments of Govt. of Delhi. It also
processes the applications for de-notification of land.
(A) Procedure for Acquisition of Land under the provision of Land
Acquisition Act 1984
On receipt of the proposal for acquisition of land from the DDA or any
other Govt. department, the same is forwarded to the concerned Land
Acquisition Collector for furnishing the draft notification under the
provisions of the Land Acquisition Act 1894 after conducting the joint
survey of the land proposed to be acquired.
The ADM/LAC concerned furnishes the requisite draft notification under
section 4 & 6 of the L.A. Act, 1894 either under the normal clause or by
invoking urgency clause depending upon the proposal received from the
requisitioning department. The draft notification so received from the ADM/LAC
concerned are scrutinized by the Revenue officials of this department. If
any discrepancies are found in the draft notification, the same is
conveyed to the ADM/LAC concerned for rectification. The rectified draft
notification is put up to Hon’ble L.G. for approval as per categories
- Notification U/s 4 is an intention of the Government to acquire the
land, issued after obtaining approval of L.G.
- Objection U/s 5-A is to be filed by the landowners, whose land is
notified U/s 4 of the L.A. Act, within 30 days of publication of the
notification, with LAC concerned.
- On receipt of the report on 5-A objections from the LAC concerned, the
report is considered by the Appropriate Government i.e. LG and thereafter,
declaration U/s 6 is issued either for the whose land notified u/s 4 or
less on the basis of the consideration of the report of the LAC. The
declaration u/s 6 has to be issued within one year from issuance of
section 4 notification, failing which notification issued u/s 4 will
- LAC concerned has to announce the Award u/s 11 of the L.A. Act within
two years of declaration U/s 6. After announcing the Award, possession of
the land is taken/handed over as per provision of section 16 of the L.A.
||(B) Steps involved in acquisition of land
invoking urgency clause
- In case the land is urgently required, then urgency clause is invoked.
Approval of the Competent Authority i.e. LG is obtained for issuance of
notification U/s 4 read with 17(4), 6 & 17(1) dispensing with filing of
the objections by the land owners U/s 5-A before the LAC.
After obtaining approval of L.G, notification U/s 4 read with 17(4) is
issued. Section 17(4) dispenses with objections U/s 5-A.)
- Declaration U/s 6 & 17 (i) can be issued after publication of
notification U/s 4, within one year of such notification (U/s 17(i)
possession of land can be taken before announcement of Award. It is
mandatory for the requisitioning department to deposit 80% estimated
compensation amount, the demand for which is raised by concerned LAC, with
L&B Department before issuance of declaration U/s 6 & 17(i), as LAC has to
offer 80% estimated compensation amount, to the land owners at the time of
taking over the possession).
- ADM/LAC concerned will take possession of land notified U/s 6 & 17(i)
giving 15 days notice U/s 9(i) to the interested persons, after offering
80% of the compensation amount.
- Further LAC concerned will have to announce the Award within 2 years
from date of issuance of declaration U/s 6 & 17(i).
POLICY GUIDELINES AND PROCEDURE FOR DENOTIFICATION OF LAND ACQUIRED UNDER
LAND ACQUISITION ACT
(A) LEGAL PROVISIONS:
Section 48 (i) of the LA Act 1894 provides that except in case
provided for U/s 36(i), the Govt. shall be at liberty to withdraw from
the acquisition of any land of which possession has not been taken.
Thus, the power to withdraw any land from acquisition has been created
under the statute, which provides that the land can be de-notified if
the possession of which has not been taken over by the government.
However, this power has to be exercised in judicious manner and on the
basis of guidelines framed by the Govt. the details of which in brief
are as under:
(B) Guidelines and procedure for de-notification
A Committee called as ‘Denotification Committee’ consisting of the
following members shall examine all denotification proposals and submit
its recommendations to the Lt. Governor as to whether such proposal may
be accepted or rejected.
Secretary to Lt. Governor
Commissioner (Land Acquisition) DDA
Dy. Commissioner (Concerned)
The recommendations of the Committee shall not be binding on the Lt.
Governor who may take a decision on each recommendation, at his
On approval of the Lt. Governor of any proposal, a notification under
Section 48 91) of the Land Acquisition Act shall be issued in respect of
the land in question.
(C) COMMON CONDITIONS FOR CONSIDERING DENOTIFICATION
- Possession of the land should not have been taken.
- The persons interested in the land should not have received any part
of the compensation towards acquisition of land.
- Where the requisitioning department itself request for
de-notification of a land, it may be recommended for de-notification.
As per the decision of the Standing Committee in the meeting dated
3.6.93, land 50 meters from village abadi is not acquired. However, in
case any such land has been notified for acquisition, it may be
recommended for denotification provided its absence will not materially
affect the public purpose for which it is being acquired.
(D) PROPERTIES BUILT-UP PRIOR TO ISSUE OF NOTIFICATION U/S 4 OF THE
LAND ACQUISITION ACT, 1894
- Built-up properties existing at the time of notification U/s 4 of
the Land Acquisition Act, 1894 may be recommended for denotification
- the absence of the land on which the built-up portion exists will
not materially affect the public purpose.
- the property was built-up after requisite approvals of the
- When the public purpose can be satisfied by another viable land,
which would cause less financial burden to the Government.
(E) PROPERTIES BUILT-UP AFTER THE ISSUE OF NOTIFICATION U/S 4 OF THE
LAND ACQUISITON ACT, 1894.
- Land on which built-up structures have come up after issue of
notification under section 4 of the Land Acquisition Act, shall normally
not be considered for denotification. However, if cluster of largely
residential structures has come upon a long period of time and
demolition of the structures shall cause immense hardship to a large
number of inhabitants, the following procedures may be adopted
- Where there is a recommendation from the technical department/
committee of the Government that the land is inappropriate/unsuitable.
- Where the feasibility studies, if any, conducted show that the
land is not suitable for the public purpose for which it is being
- Where the Colony including the area in question has itself been
regularized and services handed over to MCD, the land may be
recommended for denotification.
- In all cases, a sub-committee comprising the Land
Acquisition Collector, a representative of Land & Building department
(not below the rank of a Dy. Secretary) and a Representative of DDA (not
below the rank of a Dy. Secretary), shall inspect the land and submit a
detailed report outlining the number and nature of structures, the
feasibility of taking over the land after demolition of the structures,
and the specific recommendation on denotification of the land. The
Denotification Committee shall consider the report of the Sub-committee,
the comments of the requisitioning department with specific reference to
its need for land, and then make a recommendation to the Lt. Governor
for considering or rejecting the proposal.
Any religious structure existing on the land at the time of issue of
notification under section 4 of the Land Acquisition Act, 1894 may be
considered for denotification. However, the area, which may be recommended
for denotification, may include any appurtenant area up to 500 sq.m.
If there is any structure like Hospital, School, Charitable Dispensary
existing before issuing the notification U/s 4 of Land acquisition Act,
then the case may be considered for denotification.