Free Govt Land Acquisition Agreement Template India

About this agreement

Agreement with the Government for Acquisition of Land Format

Are you seeking a professional Agreement with the Government for Acquisition of Land Format to streamline land acquisition processes in India? Our ready-to-use legal template in PDF or Word format is designed to meet court and government requirements, ensuring compliance and efficiency.

What is an Agreement with the Government for Acquisition of Land?

An Agreement with the Government for Acquisition of Land Format is a crucial legal document used when the government acquires private land for public purposes such as infrastructure development, highways, railways, or urban projects. Governed primarily by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) in India, this agreement outlines the terms of compensation, rehabilitation, and resettlement. It serves as a binding contract between the landowner and the government authority, preventing disputes and ensuring fair dealings.

This customizable Agreement with the Government for Acquisition of Land Format is essential for formalizing the consent of the landowner, detailing payment schedules, and specifying any additional benefits like employment opportunities or housing.

Why is it Important?

In India, land acquisition by the government often leads to complex legal battles if not properly documented. Using a standardized Agreement with the Government for Acquisition of Land Format ensures:

Legal Compliance: Adheres to Section 11 and other provisions of the RFCTLARR Act, reducing the risk of challenges in court.
Fair Compensation: Clearly defines market value, solatium (additional 100% compensation), and interest on delays.
Transparency: Protects both parties by recording mutual consent, avoiding future claims.
Efficiency: Speeds up project approvals and disbursements, vital for time-sensitive public works.

Without a proper format, landowners may undervalue their property, while government bodies face delays and litigation costs.

Key Elements of the Agreement with the Government for Acquisition of Land Format

A comprehensive Agreement with the Government for Acquisition of Land Format should include:

Parties Involved: Details of the landowner(s) and the acquiring government authority (e.g., NHAI, state PWD).
Land Description: Survey numbers, area, location, and boundaries with maps if possible.
Purpose of Acquisition: Clear statement of public use (e.g., road widening, airport expansion).
Compensation Details: Breakup of land value, structures, trees, solatium, and rehabilitation package.
Payment Terms: Mode, timeline, and bank details for disbursement.
Rehabilitation and Resettlement (R&R): Housing, employment, or annuity provisions.
Dispute Resolution: Arbitration clause and governing law (Indian laws).
Signatures and Witnesses: Notarization for authenticity.
Annexures: Valuation reports, no-objection certificates (NOCs).

Our free download Agreement with the Government for Acquisition of Land Format incorporates all these elements, making it ready to use.

Who Should Use This Agreement with the Government for Acquisition of Land Format?

Landowners: Farmers, property holders facing government notifications under Section 11 of the RFCTLARR Act.
Government Agencies: District collectors, NHAI, railway authorities for consensual acquisitions.
Lawyers and Consultants: Assisting clients in civil matters related to eminent domain.
Real Estate Developers: In public-private partnerships (PPPs) involving government land.

Common use cases include highway projects, metro rail, SEZs, and defense establishments across India.

Download Your Customizable Agreement with the Government for Acquisition of Land Format Today

Get instant access to our professional Agreement with the Government for Acquisition of Land Format in editable Word or printable PDF. It's free to download, fully customizable to suit your specific needs, and compliant with Indian legal standards. Paid options offer AI-generated customizations or legal review for added precision.

Important Note

While this Agreement with the Government for Acquisition of Land Sample is a reliable starting point, consult a qualified lawyer for personalized advice. Customize it further with our tools or seek professional legal help to ensure it fits your unique situation. Explore related templates like Land Acquisition Compensation Agreement, Consent Award Format, or Rehabilitation Agreement for comprehensive solutions.

(Word count: 582)

AGREEMENT WITH THE GOVERNMENT FOR ACQUISITION OF LAND

Non-Judicial

AGREEMENT WITH THE GOVERNMENT FOR ACQUISITION OF LAND

UNDER THE LAND ACQUISITION ACT, 1894

THIS AGREEMENT made at??????this??????day of??????20????? between??????a company registered under Companies Act, 1956 and having its registered office at??????(hereinafter called "the company" which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include its uccessors and assigns) of the ONE PART and the Governor of the State of??????(hereinafter called the "State Government" which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include its successors and assigns) of the OTHER PART.

WHEREAS

(1)[P1] The company has applied to the State Government for the acquisition of land under the provisions of the Land Acquisition Act, 1894 (hereinafter called "the said Act") of the piece and parcel of land

containing??????acres or thereabout situate in the village of in the Tehsil????District ??????and more particularly described in the Schedule I hereto and delineated in the plan hereunto annexed.

(2) [P2] The State Government being satisfied by an enquiry held under section 40 of the said Act that the proposed acquisition is needed for the purpose described in the Schedule 11 hereto, (hereinafter called "the said purposes"), and the said purposes are likely to prove useful to the public, has consented to acquire the piece or parcel of land hereinabove described on behalf of the company.

(3) [P3] The State Government has required the company to enter into an agreement as required under the provisions of section 41 of the said Act.

NOW THIS INDENTURE WITNESSETH THAT IT IS HEREBY AGREED AND DECLARED AS FOLLOWS:

(1) [P4] The company shall pay to the State Government or such person or persons as the State Government may appoint in this behalf in respect of the said land, all sums of money as shall be awarded by the collector under the Land Acquisition Act, 1894 or by any court to which reference under Part III of the said Act may be made, or by the court or courts including the High Court or the Supreme Court to which an appeal from the award of the said court may be preferred and all costs, charges and expenses of the proceedings in the aforesaid courts or otherwise incidental to the proposed acquisition are payable in respect thereof under the provisions of the said Act.

(2) [P5] The company shall deposit with the collector such sum or sums of money payable under the last preceding clause, within seven days of receiving the demand in this behalf from the collector, failing which the said Government may, without prejudice to any other remedy, recover the amount spent or the expenses incurred from the company as arrears of land revenue and may also rescind or withdraw from the proceedings in acquisition and all losses resulting therefrom shall be borne by and be to the account of the company.

(3) [P6] In case of urgency where possession of the said land is proposed to be taken under section 17 of the said Act before an award has been made under section 17 of the said Act, the company shall deposit with the collector free of interest, such amount not more than two?third of the approximate amount of compensation payable in respect of the said land as determined under clause (ii) of sub?rule (2) of rule 4 of the Land Acquisition (Companies) Rules, 1963 and within the time, as specified by the collector in this behalf.

(4) [P7] The company agrees and undertakes that if the amount or compensation of the acquisition of the said land or any part thereof is enhanced or is held to be more than the amount assessed by the

collector under the said Act or by court to which a reference under Part III of the said Act may be made or by the court or courts including the High Court or Supreme Court to which an appeal from the award of the said court may be preferred, it shall pay to the State Government such further amount on account of the said land or any part thereof together with all incidental charges within one month of the demand therefore, failing which the amount due shall be recoverable from the company as arrears of land revenue.

(5) [P8] On payment by the company of all demands under the foregoing first clause or in the discretion of the State Government on deposit by the company of all estimated amount as provided in the second clause, the State Government shall hand over the possession of the said land to the company and shall execute and to add such acts and deeds as may be necessary and proper for efficiently vesting the same in the company.

(6) [P9] The said land shall be used by the company for the said purposes and without the sanction in writing of the State Government first hand and obtained for no other purpose, whatsoever.

(7) [P10] The company shall erect and complete all works in accordance with the particulars specified in Schedule III, (hereinafter called "the said works"), within three years from the date on which the possession of the said land shall have been given to the company. If the said works are not completed within the said period of three years, the State Government may extend the time for that purpose, in its discretion, by a period not exceeding one year at a time, so however that the total period of extension shall not exceed three years.

(8) [P11] If the said works are not completed within three years or such extended time, as the State Government may grant In its discretion, the State Government may summarily re?enter upon and take possession of the said land, together with buildings thereon, whether such buildings were erected before or after transfer of the applicant to the company and thereupon the interest of the company in the said land and buildings shall absolutely cease and determine.

(9) [P12] On taking such possession, the State Government may sell or otherwise deal with the said land and buildings as it may think proper:

(a) If the State Government sells the land with the buildings, the State Government, after deducting the expenses incurred in connection with the taking possession and sale of such land and buildings, shall pay the proceeds to the company;

(b) If the State Government retains the said land and buildings thereon, the State Government shall repay to the company the market value as on the day of re?entry of all the buildings erected by the company and all sums paid by the company in respect of acquisition of the said land as provided in the foregoing first clause (less the statutory allowance of fifteen per cent and less any amount paid by the company on account of trees and buildings which are not in existence at the time of resumption) but will not repay any sums paid by the company on account of costs, charges and expenses;

(c) If the State Government sells the buildings only, then the State Government after deducting the expenses of taking possession and selling, pay the balance of the proceeds of sale to the company together with the sum received from the company in respect of the acquisition of the said land (less the statutory allowance of fifteen per cent and less any amount received from the company on account of trees and buildings which are not in existence at the time of resumption) but will not repay any sums paid by the company on account of costs, charges and expenses.

(10) [P13] If the company does not require the said land or any part or parts thereof for the said purposes, then the company will forthwith relinquish and restore the same after removing all buildings and structures to the State Government at a price equal to the amount paid by it under the said Act.

(11) [P14] If the company utilises only a portion of the said land for the said purposes and the State Government is satisfied that the company can utilise the portion of the land used by it, even after resumption of the unutilised part thereof, the State Government may make an order declaring the transfer of the unutilised portion of the said land as null and void, whereupon such unutilised portion shall revert back to the State Government and directing that an amount equal to one?fourth of such portion of the amount paid by the company as cost of acquisition, as is relatable to the unutilised portion shall be forfeited to the State Government as damages and that balance amount shall be refunded to the company and the order so made by the State Government shall be final and binding. Provided that the State Government before making an order under this clause will give an opportunity of being heard in the matter.

(12) [P15] If the company commits the breach of any of the terms and conditions of this agreement, the State Government will be entitled to declare the transfer of the said land to the company as null and void, whereupon the said land shall revert back to the State Government and an amount equal to one?fourth of the amount paid by the company to the State Government as the cost of acquisition, shall be forfeited to the State Government as damages and the balance shall be refunded to the company. Provided that the State Government before making an order under this clause will give an opportunity of being heard in the matter.

(13) [P16] In case the said land or any part thereof reverts back to the State Government in terms of clause (11) or (12) of this agreement, the occupation of the company over the land in question shall be deemed to be unauthorised within the meaning of??????Public Premises (Eviction of Unauthorised Occupants) Act and the State Government may without prejudice to any other right or remedy, effect re?entry in accordance with the provisions of the said Act and the Rules made

thereunder.

(14) [P17] The company shall not transfer the said land or any part thereof by sale, lease, mortgage, gift or otherwise without the previous permission of the State Government.

(15) [P18] If any dispute or difference arises touching or concerning the subject?matter of this agreement or any covenant or clause or things therein contained, the same shall be referred to the Secretary to the

State Government in??????Department, and opinion and decision of the said Secretary upon such dispute or difference shall be final and conclusive and binding on the parties hereto.

Schedule I

All that piece or parcel of land situated in the village of ........... Tehsil??????District??? containing an area of??????sq. ft. equivalent to??????meters comprising Survey No.

................. Plots No ??????bounded on the

North?

South?

East?

West?

and called or known as premises No . ??????

Schedule II

Purposes for which the said land shall be used

Schedule III

(i) Name and nature of the work.

(ii) Plans and specifications of the work.

IN WITNESS WHEREOF the company has caused its common seal to be affixed to these presents and the State Government has caused these presents to be signed by its duly authorised official.

WITNESSES

The common seal of??????has been hereunto affixed pursuant to the resolution of its

1. Board of Directors passed at the meeting held on?????? in the presence of its two Directors viz. Shri??????and??????who have in token thereof subscribed their signature hereto

2. Signed and delivered by the State Government by the hand of Shri?????? Secretary to Government, Department of??????its duly authorised official

[P1]Company request to State Government for acquisition of land

[P2]State Government consented to acquire land for the company

[P3]State

Government requires company to Execute agreement

[P4]Obligation of company to pay money for the land

[P5]Company to

Deposit money with collector within one week of receiving demand

[P6]Company to deposit amount fixed by collector, in case of urgency

[P7]Company

Covenant to pay enhanced compensation

[P8]Handing over of possession of land by government to company

[P9]Use of the Land

[P10]Completion of works by the company

[P11]State Government's power to take possession, if work not completed in time

[P12]Disposal of land by State

Government on taking possession of land

[P13]Company to Relinquish and restore the land, if not required by the company

[P14]Utilisation of part of land acquired

[P15]Consequen- ces of breach of terms and conditions of the agreement by company

[P16]Company to become

unauthorised occupant, in case land or any part reverts back to State Government

[P17]Transfer of the land by the company

[P18]Settlement of disputes

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

Guidelines for Drafting an Agreement with the Government for Acquisition of Land:

Introduction: Clearly identify the parties involved, specifying the government entity and the acquiring party. Include the purpose, effective date, and details of the land acquisition project.

Land Description: Provide a detailed description of the land to be acquired, including boundaries, dimensions, and any relevant features. Attach survey reports and maps for clarity.

Compensation Mechanism: Clearly outline the compensation structure, including the method of valuation, payment terms, and any additional costs or benefits associated with the land acquisition.

Project Details: Specify the purpose of the land acquisition, detailing the intended use or development project. Include any conditions or restrictions imposed by the government.

Conditions Precedent: Include conditions that must be fulfilled before the land acquisition process commences, such as regulatory approvals, environmental clearances, or public consultations.

Common Mistakes to Avoid:

Incomplete Land Description: Ensure a thorough and accurate description of the land to be acquired to prevent disputes over boundaries or features.

Unclear Compensation Terms: Clearly articulate the compensation terms, valuations, and payment schedules to avoid misunderstandings or conflicts.

Neglecting Regulatory Compliance: Ensure the agreement complies with local laws and regulations governing land acquisition, including necessary approvals and clearances.

Failure to Address Public Consultations: If required, include provisions for public consultations or community involvement, ensuring transparency and compliance with regulatory requirements.

Omission of Environmental Considerations: Address environmental impact assessments, mitigation measures, and any ecological concerns associated with the land acquisition.

Lack of Dispute Resolution Clause: Incorporate a dispute resolution mechanism, such as arbitration or mediation, to efficiently handle disagreements and avoid prolonged legal disputes.

This agreement is used in various sectors, such as infrastructure development, urban planning, or public projects, where the government acquires land for public use. Due diligence, comprehensive drafting, and legal consultation are essential to ensure compliance with regulations, protect the interests of both parties, and facilitate a smooth land acquisition process.

Frequently asked questions

What is the Agreement with the Government for Acquisition of Land?→

This is a legal agreement between a landowner and the Indian government for the voluntary acquisition of land for public purposes, governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Is this agreement legally valid in India?→

Yes, this agreement is legally valid across India when executed properly, stamped, and registered as per state-specific laws under the Land Acquisition Act.

Do I need to pay stamp duty on this agreement?→

Yes, stamp duty is applicable as per the Indian Stamp Act and state schedules; rates vary by state and land value—consult local authorities for exact amount.

In what format can I download this agreement?→

Download this customizable agreement in PDF or editable Word format for easy use in India.

Can I edit or customize this agreement?→

Yes, the Word version is fully editable; tailor it to your needs but get it reviewed by a legal expert to ensure compliance with Indian laws.

Who should use this Agreement with the Government for Acquisition of Land?→

Landowners in India negotiating voluntary land acquisition with government bodies for infrastructure or public projects should use this template.