To check whether land is under government acquisition, go to the office that holds the record: the district collector's land acquisition branch for the district where the land sits, and the land and land reforms office that maintains the record-of-rights. A buyer's advocate verifies the notification history, any requisition, and the entries in the record-of-rights before money changes hands, because an acquisition often does not appear in a fresh encumbrance certificate. The check is done before payment, never after, because once the land is notified the government's interest attaches and a private sale cannot undo it.
Where the records sit
- District collector's office, land acquisition branch: the acquisition files, the notifications issued, the awards and the compensation records for the district.
- Land and land reforms office (BL&LRO): the record-of-rights and the up-to-date ROR, which show the recorded owner and any vesting or ceiling entry. Vesting and ceiling matters under the West Bengal Land Reforms Act 1955 sit here.
- Sub-registrar's office: the deeds and, where recorded, the notices that touch the property.
- Municipal or panchayat records: the notified-area and land-use entries for the locality.
Steps
- Identify the land precisely. Get the dag, khatian, plot and JL numbers, the mouza and the district. An acquisition check is run against the plot, not the postal address.
- Apply for the record-of-rights and the up-to-date ROR. The BL&LRO issues the ROR for the plot. Look for a vesting entry, a ceiling proceeding or a note of acquisition, any of which changes the picture.
- Ask the collector's land acquisition branch. Have the branch search its register and files for the mouza. The chain usually begins with a preliminary notification under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, followed by a declaration under Section 19, and later an award.
- Check for requisition. A requisition is a temporary taking for a public purpose and does not always ripen into acquisition. It still bars a clean sale while it stands, so ask whether any requisition order covers the plot.
- Read the deed for warning signs. A deed that recites a "notified area", carries an indemnity by the seller against acquisition, gives possession late, or sells at a value far below the locality are all flags. So is a seller who cannot produce a recent ROR.
- Inspect on the ground. Have the advocate inspect the plot and compare it with the notified-area maps held at the office. A boundary mark, a survey pillar or a road alignment can reveal a proposed acquisition before the papers do.
- If acquisition has occurred, understand the remedy. Compensation is determined under the 2013 Act, and if the owner disputes the quantum, the dispute goes by reference to the Land Acquisition, Rehabilitation and Resettlement Authority under Section 64 of that Act, which replaced the reference to the civil court that the older Land Acquisition Act 1894 gave under Section 18.
- Decide before payment. If the land is acquired or notified, do not release money; if the reference on quantum is pending, the buyer is buying a right to litigate, and that belongs in the price or out of the deal.
Documents to keep
- The record-of-rights and the up-to-date ROR for the plot.
- The search result from the collector's land acquisition branch, in writing.
- A current encumbrance certificate, read together with the record-of-rights.
- The advocate's title opinion recording the acquisition and requisition position.
What goes wrong
- Relying on the encumbrance certificate alone. An acquisition can be notified and awarded without an entry appearing in a fresh certificate, so the ROR and the collector's file must be checked too.
- Buying land in a notified area. The notification is published and the buyer's search missed it, and the sale cannot defeat the government's interest.
- Ignoring a requisition. A temporary taking is treated as harmless when it will block possession or construction.
- Missing ceiling proceedings. A ceiling entry under the West Bengal Land Reforms Act 1955 can vest surplus land, and the plot the buyer is paying for may not be the seller's to sell.
- Seller concealment. A seller who knows of a pending reference on compensation has every reason to sell quickly, which is why the check belongs to the buyer's advocate, not the seller.
Common questions
Does an acquisition show in the encumbrance certificate?
Not always. The encumbrance certificate records registered transactions, while acquisition lives in the collector's files and the record-of-rights. A prudent check reads all three together. Our property title desk runs them as one exercise.
Who can claim compensation if land is acquired?
The persons interested in the land, as recorded and as entitled, claim compensation under the 2013 Act. A buyer who purchases after the notification generally buys subject to the government's interest, which is why the timing of the purchase matters. The civil litigation team handles references over the quantum of compensation.
What is the difference between requisition and acquisition?
A requisition is a temporary taking for a public purpose under the law that governs it, while acquisition transfers the land. Both affect a sale, and both are checked at the collector's office. The property registration formats we publish show the indemnity and warranty clauses a buyer should insist on.
What if I discover the acquisition after paying?
The remedy depends on the stage. A court may set aside a sale that the law bars, but it is slower and costlier than checking first. Our property registration service vets the record before a deed is presented.