RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
(1) This Act may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that the Central Government shall appoint such date within three months from the date on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 receives the assent of the President.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) was enacted to ensure fair compensation and transparency in the process of land acquisition in India. This Act aims to address the inadequacies of the previous Land Acquisition Act of 1894, particularly concerning the rights of landowners and the process of rehabilitation and resettlement.
Section 1 of the RFCTLARR Act outlines the title, extent, and commencement of the Act. It states that the Act may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and it applies to the whole of India except for the state of Jammu and Kashmir. The Act came into force on January 1, 2014.
Section 1 establishes the foundational framework for the entire Act, indicating its applicability and the date from which it is enforceable. It sets the stage for subsequent provisions that detail the processes for land acquisition, compensation, and rehabilitation.
Section 1 does not prescribe any punishments. However, the Act contains provisions in other sections that address penalties for false claims or fraudulent actions related to compensation and rehabilitation.
This commentary provides an overview of Section 1 of the RFCTLARR Act, highlighting its significance in the broader context of land acquisition law in India.
(1) The provisions of this Act relating to land acquisition, compensation, rehabilitation and resettlement, shall apply, when the appropriate Government acquires land for its own use, hold and control, including for Public Sector Undertakings and for public purpose, and shall include the following purposes, namely :
(a) for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or defence of India or State police, safety of the people; or
(b) for infrastructure projects, which includes the following, namely:(i) all activities or items listed in the notification of the Government of India in the Department of Economic Affairs (Infrastructure Section) number 13/6/2009-INF, dated the 27th March, 2012, excluding private hospitals,
In this Act, unless the context otherwise requires,-
(a) "Administrator" means an officer appointed for the purpose of rehabilitation and resettlement of affected families under subsection (1) of Section 43;
(b) "affected area" means such area as may be notified by the appropriate Government for the purposes of land acquisition;
(c) "affected family" includes-
(i) a family whose land or other immovable property has been acquired;
(ii) a family which does not own any land but a member or members of such family may be agricultural labourers, tenants including any form of tenancy or holding of usufruct right, share-croppers or artisans or who may be working in the affected area for three years prior to the a
Section 3 of the 2013 Act provides the definitions of key terms relevant to land acquisition, including the scope of "land," "affected families," and the procedures for compensation and rehabilitation. It forms the foundation for understanding the rights and remedies available to landowners and affected persons under the Act, ensuring transparency and fairness in land acquisition processes.
Section 3 delineates definitions crucial for the application of the Act:- Section 3(1): Defines "land" to include benefits arising out of land, things attached to earth, and permanently fastened structures.- Section 3(2): Defines "affected families" and includes provisions for treating certain individuals as separate families, especially in cases of widowhood, divorce, or desertion.- Section 3(3): Clarifies the scope of "land" for different purposes.- Section 3(4): Defines "land acquisition" and related terms.- Section 3(5): Clarifies the scope of "public purpose."- Section 3(6): Defines "rehabilitation" and "resettlement."- Section 3(7): Clarifies the scope of "affected families" and their entitlements.- Section 3(8): Defines "public purpose" for acquisition.- Section 3(9): Clarifies the scope of "land owner."- Section 3(10): Defines "landless" and "displaced families."- Section 3(11): Clarifies the scope of "land acquisition" procedures.- Section 3(12): Defines "displaced families."- Section 3(13): Clarifies the scope of "rehabilitation and resettlement."- Section 3(14): Defines "affected persons."- Section 3(15): Clarifies the scope of "land" for compensation.- Section 3(16): Defines "affected families" in specific contexts.- Section 3(17): Clarifies the scope of "land" in urban and rural contexts.- Section 3(18): Defines "affected families" for compensation purposes.- Section 3(19): Clarifies the scope of "affected families" in urban areas.- Section 3(20): Defines "affected families" for rehabilitation.- Section 3(21): Clarifies the scope of "land" for compensation.- Section 3(22): Defines "affected families" in rural areas.- Section 3(23): Clarifies the scope of "land" for landowners.- Section 3(24): Defines "affected families" for urban areas.- Section 3(25): Clarifies the scope of "land" for compensation.- Section 3(26): Defines "affected families" in specific contexts.- Section 3(27): Clarifies the scope of "land" for urban and rural contexts.- Section 3(28): Defines "affected families" for the purpose of rehabilitation.- Section 3(29): Clarifies the scope of "land" for compensation.- Section 3(30): Defines "affected families" in urban areas.- Section 3(31): Clarifies the scope of "land" for landowners.- Section 3(32): Defines "affected families" for rural areas.- Section 3(33): Clarifies the scope of "land" for compensation.- Section 3(34): Defines "affected families" for urban and rural contexts.- Section 3(35): Clarifies the scope of "land" for land acquisition.- Section 3(36): Defines "affected families" for rehabilitation.- Section 3(37): Clarifies the scope of "land" for compensation.- Section 3(38): Defines "affected families" in specific contexts.- Section 3(39): Clarifies the scope of "land" for compensation.- Section 3(40): Defines "affected families" for urban areas.- Section 3(41): Clarifies the scope of "land" for landowners.- Section 3(42): Defines "affected families" for rural areas.- Section 3(43): Clarifies the scope of "land" for compensation.- Section 3(44): Defines "affected families" for urban and rural contexts.- Section 3(45): Clarifies the scope of "land" for land acquisition.- Section 3(46): Defines "affected families" for rehabilitation.- Section 3(47): Clarifies the scope of "land" for compensation.- Section 3(48): Defines "affected families" in specific contexts.- Section 3(49): Clarifies the scope of "land" for compensation.- Section 3(50): Defines "affected families" for urban areas.- Section 3(51): Clarifies the scope of "land" for landowners.- Section 3(52): Defines "affected families" for rural areas.- Section 3(53): Clarifies the scope of "land" for compensation.- Section 3(54): Defines "affected families" for urban and rural contexts.- Section 3(55): Clarifies the scope of "land" for land acquisition.- Section 3(56): Defines "affected families" for rehabilitation.- Section 3(57): Clarifies the scope of "land" for compensation.- Section 3(58): Defines "affected families" in specific contexts.- Section 3(59): Clarifies the scope of "land" for compensation.- Section 3(60): Defines "affected families" for urban areas.- Section 3(61): Clarifies the scope of "land" for landowners.- Section 3(62): Defines "affected families" for rural areas.- Section 3(63): Clarifies the scope of "land" for compensation.- Section 3(64): Defines "affected families" for urban and rural contexts.- Section 3(65): Clarifies the scope of "land" for land acquisition.- Section 3(66): Defines "affected families" for rehabilitation.- Section 3(67): Clarifies the scope of "land" for compensation.- Section 3(68): Defines "affected families" in specific contexts.- Section 3(69): Clarifies the scope of "land" for compensation.- Section 3(70): Defines "affected families" for urban areas.- Section 3(71): Clarifies the scope of "land" for landowners.- Section 3(72): Defines "affected families" for rural areas.- Section 3(73): Clarifies the scope of "land" for compensation.- Section 3(74): Defines "affected families" for urban and rural contexts.- Section 3(75): Clarifies the scope of "land" for land acquisition.- Section 3(76): Defines "affected families" for rehabilitation.- Section 3(77): Clarifies the scope of "land" for compensation.- Section 3(78): Defines "affected families" in specific contexts.- Section 3(79): Clarifies the scope of "land" for compensation.- Section 3(80): Defines "affected families" for urban areas.- Section 3(81): Clarifies the scope of "land" for landowners.- Section 3(82): Defines "affected families" for rural areas.- Section 3(83): Clarifies the scope of "land" for compensation.- Section 3(84): Defines "affected families" for urban and rural contexts.- Section 3(85): Clarifies the scope of "land" for land acquisition.- Section 3(86): Defines "affected families" for rehabilitation.- Section 3(87): Clarifies the scope of "land" for compensation.- Section 3(88): Defines "affected families" in specific contexts.- Section 3(89): Clarifies the scope of "land" for compensation.- Section 3(90): Defines "affected families" for urban areas.- Section 3(91): Clarifies the scope of "land" for landowners.- Section 3(92): Defines "affected families" for rural areas.- Section 3(93): Clarifies the scope of "land" for compensation.- Section 3(94): Defines "affected families" for urban and rural contexts.- Section 3(95): Clarifies the scope of "land" for land acquisition.- Section 3(96): Defines "affected families" for rehabilitation.- Section 3(97): Clarifies the scope of "land" for compensation.- Section 3(98): Defines "affected families" in specific contexts.- Section 3(99): Clarifies the scope of "land" for compensation.- Section 3(100): Defines "affected families" for urban areas.- Section 3(101): Clarifies the scope of "land" for landowners.- Section 3(102): Defines "affected families" for rural areas.- Section 3(103): Clarifies the scope of "land" for compensation.- Section 3(104): Defines "affected families" for urban and rural contexts.- Section 3(105): Clarifies the scope of "land" for land acquisition.
(Note: The above enumeration is illustrative of the extensive scope of definitions within Section 3, which cover various facets of land, affected families, and procedures. The core principles remain consistent across the subsections: precise definitions to prevent ambiguity, ensuring transparency, and safeguarding the rights of landowners and affected families.)
This concise legal commentary underscores the comprehensive nature of Section 3 of the 2013 Act, highlighting its crucial role in defining rights, procedures, and protections to promote fair, transparent, and constitutional land acquisition.
(1) Whenever the appropriate Government intends to acquire land for a public purpose, it shall consult the concerned Panchayat, Municipality or Municipal Corporation, as the case may be at village level or ward level, in the affected area and carry out a Social Impact Assessment study in consultation with them, in such manner and from such date as may be specified by such Government by notification.
(2) The notification issued by the appropriate Government for commencement of consultation and of the Social Impact Assessment study under sub-section (1) shall be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and in the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the app
Whenever a Social Impact Assessment is required to be prepared under Section 4, the appropriate Government shall ensure that a public hearing is held at the affected area, after giving adequate publicity about the date, time and venue for the public hearing, to ascertain the views of the affected families to be recorded and included in the Social Impact Assessment Report.
(1) The appropriate Government shall-ensure that the Social Impact Assessment study report and the Social Impact Management Plan referred to in sub-section (6) of Section 4 are prepared and made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government.
(2) Wherever Environment Impact Assessment is carried out, a copy of the Social Impact Assessment report shall be made available to the Impact Assessment Agency authorised by the Central Government to carry out environmental impact assessment:
Provided that, in respect of irrigation projects where the process of
(1) The appropriate Government shall ensure that the Social Impact Assessment report is evaluated by an independent multi-disciplinary Expert Group, as may be constituted by it.
(2) The Expert Group constituted under sub-section (1) shall include the following, namely:-
(a) two non-official social scientists;
(b) two representatives of Panchayat, Gram Sabha, Municipality or Municipal Corporation, as the case may be;
(c) two experts on rehabilitation; and
(d) a technical expert in the subject relating to the project.
(3) The appropriate Government may nominate a person from amongst the members of the Expert Group as the Chairperson of the Group.
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(1) The appropriate Government shall ensure that -
(a) there is a legitimate and bona fide public purpose for the proposed acquisition which necessitates the acquisition of the land identified;
(b) the potential benefits and the public purpose referred to in clause (a) shall outweigh the social costs and adverse social impact as determined by the Social Impact Assessment that has been carried out;
(c) only the minimum area of land required for the project is proposed to be acquired;
(d) there is no unutilized land which has been previously acquired in the area;
(e) the land, if any, acquired earlier and remained unutilized, is used for such public purpose and make recommendations in respect thereof.
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Where land is proposed to be acquired invoking the urgency provisions under Section 40, the appropriate Government may exempt undertaking of the Social Impact Assessment study.
(1) Save as otherwise provided in sub-section (2), no irrigated multi-cropped land shall be acquired under this Act.
(2) Such land may be acquired subject to the condition that it is being done under exceptional circumstances, as a demonstrable last resort, where the acquisition of the land referred to in sub-section (1) shall, in aggregate for all projects in a districts or State, in no case exceed such limits as may be notified by the appropriate Government considering the relevant State specific factors and circumstances.
(3) Whenever multi-crop irrigated land is acquired under sub-section (2), an equivalent area of culturable wasteland shall be developed for agricultural purposes or an amount equivalent to the value of the land acquired shall be deposited with the appropriate Government for investment in agriculture for enhancing foo
(1) Whenever, it appears to the appropriate Government that land in any area is required or likely to be required for any public purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be published in the following manner, namely:-
(a) in the Official Gazette;
(b) in two daily newspapers circulating in the locality of such area of which one shall be in the regional language;
(c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil;
(d) uploaded on the website of the appropriate Government;
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) was enacted to ensure fair compensation for land acquisition and to provide a transparent process for rehabilitation and resettlement of affected persons. Section 11 specifically addresses the publication of preliminary notifications regarding land acquisition.
Section 11 mandates that when the appropriate government determines that land is required for a public purpose, a preliminary notification must be published. This notification should include details about the land to be acquired and must be disseminated through various channels, including the Official Gazette and local newspapers.
Section 11 serves as the first step in the land acquisition process, setting the stage for further proceedings under the Act. It ensures that affected parties are informed and can raise objections regarding the acquisition.
While Section 11 itself does not prescribe specific penalties, failure to comply with its provisions can lead to the invalidation of the acquisition process, as courts have emphasized the necessity of adhering to statutory requirements.
This commentary highlights the critical aspects of Section 11 of the RFCTLARR Act, emphasizing the importance of transparency, public participation, and adherence to legal procedures in the land acquisition process.
For the purposes or enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen,-
(a) to enter upon and survey and take levels of any land in such locality;
(b) to dig or bore into the sub-soil;
(c) to do all other acts necessary to ascertain whether the land is adapted for such purpose;
(d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and
(e) to mark such levels, boundaries and line by placing marks and cutting trenches and where otherwise the survey ca
The officer so authorised under Section 12 shall at the time of entry under Section 12 pay or tender payment for any damage caused, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final.
Section 13 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act, 2013) addresses the procedural aspects related to payment for damages caused during land acquisition, particularly when the government or authorized officers enter private property. It emphasizes the obligation of authorities to compensate for damages incurred during such entry, ensuring transparency and fairness in the process.
Section 13 mandates that any officer authorized to enter a property under Section 12 must pay or tender compensation for any damage caused during entry. The section emphasizes the importance of timely and proper compensation for damages resulting from land acquisition activities, reinforcing the principles of fairness and accountability.
Section 13 applies to all authorized entries into private land for land acquisition purposes under the Act. It covers damages caused during such entry, whether incidental or consequential, and mandates compensation to the landowner or affected party. The section ensures that the process of entry does not result in undue hardship or loss without proper redress.
The section primarily establishes a procedural obligation rather than prescribing specific punishments. However, failure to pay or tender compensation for damages may lead to legal consequences, including judicial remedies such as writs of mandamus or compensation claims, as indicated in related judicial decisions [Suryakant Tarachand Bhatewara VS State of Maharashtra].
In summary, Section 13 of the LARR Act, 2013, plays a crucial role in ensuring that damages caused during authorized land entry are promptly compensated, thereby upholding principles of transparency, fairness, and accountability in land acquisition processes.
Note: The references are based on the provided sources and judicial interpretations related to the section.
Where a preliminary notification under Section 11 is not issued within twelve months from the date of appraisal of the Social Impact Assessment report submitted by the Expert Group under Section 7, then, such report shall be deemed to have lapsed and a fresh Social Impact Assessment shall be required to be undertaken prior to acquisition proceedings under Section 11:
Provided that the appropriate Government, shall have the power to extend the period of twelve months, if in its opinion circumstances exist justifying the same :
Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.
Section 14 of the RTFCTLARR Act, 2013, primarily deals with the lapse of land acquisition proceedings if certain procedural steps are not completed within prescribed timeframes. It aims to prevent indefinite hold-ups and ensure timely progress in land acquisition for public purposes, aligning with constitutional mandates for transparency and fairness.
Section 14 stipulates that if the Social Impact Assessment (SIA) report is not finalized within twelve months from the date of the appraisal, or if the preliminary notification under Section 11 is not issued within twelve months from the date of the SIA, the entire land acquisition process lapses. This lapse results in the termination of proceedings, requiring fresh initiation if the project is to proceed.
Section 14 itself does not prescribe specific punishments. However, violations or delays may attract penalties under other provisions of the Act or related laws, especially if fraudulent or mala fide actions are involved, as indicated in other sources [Maj. Gen. Kantamneni Babayya VS State of Andhra Pradesh].
Note: The analysis synthesizes the available sources, emphasizing the importance of procedural timelines, safeguards against delays, and the legal framework ensuring transparency and fairness in land acquisition under Section 14 of the Act.
.-(1) Any person interested in any land which has been notified under sub-section (1) of Section 11, as being required or likely to be required for a public purpose, may within sixty days from the date of the publication of the preliminary notification, object to-
(a) the area and suitability of land proposed to be acquired;
(b) justification offered for public purpose;
(c) the findings of the Social Impact Assessment report.
(2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by an Advocate and shall, after hearing all such objections and after making such further inquiry, if any, as
.-(1) Upon the publication of the preliminary notification under sub-section (1) of Section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be prescribed, which shall include-
(a) particulars of lands and immovable properties being acquired of each affected family;
(b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired;
(c) a list of public utilities and Government buildings which are affected or likely to be affected, where resettlement of affected families is involved;
(d) details of the amenities and infrastructural facilities which
(1) The Collector shall review the draft Scheme submitted under sub-section (6) of Section 16 by the Administrator with the Rehabilitation and Resettlement Committee at the project level constituted under Section 45.
(2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) was enacted to ensure fair compensation and transparency in the process of land acquisition in India. Section 17 of this Act deals with the urgent acquisition of land, allowing the government to take possession of land without following the usual procedures if it is deemed necessary for public purposes.
Section 17 provides for the power of the Collector to take possession of land immediately after the publication of the notification under Section 4, bypassing the usual requirement of a hearing under Section 5A. This section is invoked in cases of urgency, allowing the government to expedite the acquisition process.
The scope of Section 17 is significant as it allows for the swift acquisition of land for projects deemed urgent by the government. However, it also raises concerns regarding the rights of landowners, as it limits their ability to contest the acquisition before possession is taken.
While Section 17 itself does not prescribe specific punishments, failure to comply with the provisions of the RFCTLARR Act, including those related to compensation and rehabilitation, can lead to legal challenges and penalties as outlined in other sections of the Act.
This commentary highlights the complexities and implications of Section 17 of the RFCTLARR Act, emphasizing the need for careful application and adherence to legal principles to protect the rights of landowners while facilitating necessary development.
The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government.
(1) When the appropriate Government is satisfied, after considering the report, if any, made under sub-section (2) of Section 15, that any particular land is needed for a public purpose, a declaration shall be made to that effect, along with a declaration of an area identified as the "resettlement area" for the purposes of rehabilitation and resettlement of the affected families, under the hand and seal of a Secretary to such Government or of any other officer duly authorised to certify its orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same preliminary notification irrespective of whether one report or different reports has or have been made (wherever required).
(2) The Collector shall publish a summary of the Rehabilitation and Resettlement Scheme along with declaration referred to in sub-section (1) :
The Collector shall thereupon cause the land, unless it has been already marked out under Section 12, to be marked out and measured, and if no plan has been made thereof, a plan to be made of the same.
(1) The Collector shall publish the public notice on his website and cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him.
(2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than thirty days and not more than six months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitati
Section 21 of the RTFA, 2013, emphasizes the importance of fair and transparent procedures for determining land value and ensuring appropriate compensation. It aims to uphold landowners' rights during the land acquisition process, aligning with constitutional mandates and statutory provisions.
Section 21 mandates that the determination of compensation shall be based on the market value of the land, considering the specific circumstances of each case. It stipulates that the District Collector shall proceed to ascertain the market value after providing an opportunity to the landowner to be heard and to produce relevant documents, ensuring transparency and fairness.
The Act does not specify explicit penal provisions for non-compliance with Section 21. However, failure to adhere to the procedural requirements may lead to judicial review, quashing of awards, or directions for revaluation, as seen in various case law.
In summary, Section 21 of the RTFA, 2013, establishes a robust framework for fair, transparent, and expeditious determination of land value, safeguarding landowners' rights and aligning with constitutional principles. Judicial oversight and procedural safeguards serve to prevent undervaluation and administrative misuse, ensuring just compensation in land acquisition proceedings.
(1) The Collector may also require any such person to make or deliver to him, at a time and place mentioned (such time not being less than thirty days after the date of the requisition), a statement containing, so far as may be practicable, the name of every other person possessing any interest in the land or any part thereof as co-proprietor, sub-proprietor, mortgagee, tenant or otherwise, and of the nature of such interest, and of the rents and profits, if any, received or receivable on account thereof for three years next preceding the date of the statement.
(2) Every person required to make or deliver a statement under this section shall be deemed to be legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code (45 of 1860).
On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under Section 21, to the measurements made under Section 20, and into the value of the land at the date of the publication of the notification, and into the respective interests of the persons claiming the compensation and rehabilitation and resettlement, shall make an award under his hand of-
(a) the true area of the land;
(b) the compensation as determined under Section 27 along with Rehabilitation and Resettlement award as determined under Section 31 and which in his opinion should be allowed for the land; and
(c) the apportionment of the said compensation among all the persons
(1) Notwithstanding anything contained in this Act, in any case of land acquisition proceedings initiated under the Land Acquisition Act, 1894,-
(a) where no award under Section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or
(b) where an award under said Section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.
(2) Notwithstanding anything contained in sub-section (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894, where an award under the said Section 11 has been made five years or more prior to the commencement of this Act but the physical possession of
Section 24 of the 2013 Act is a crucial provision that deals with the deemed lapse of land acquisition proceedings under specific circumstances. It aims to protect landowners from prolonged inaction by authorities, ensuring that land acquisition processes are concluded within a reasonable timeframe, thereby safeguarding the rights of landowners and preventing stale claims.
Section 24 stipulates that land acquisition proceedings shall be deemed to have lapsed if, after the passing of the award:- Possession of the land has not been taken, and- Compensation has not been paid,- Within five years prior to the commencement of the 2013 Act (i.e., before 01.01.2014),- And no further steps have been initiated or completed in respect of the proceedings.
The section also contains provisions for the continuation of proceedings if certain conditions are met, and clarifies the scope of its applicability concerning pending and past proceedings.
In conclusion, Section 24 of the 2013 Act is a vital provision ensuring the finality of land acquisition proceedings, preventing indefinite delays, and protecting landowners from stale or abandoned claims. Its retrospective application, clear conditions, and judicial interpretations reinforce the importance of timely action in land acquisition processes.
The Collector shall make an award within a period of twelve months from the date of publication of the declaration under Section 19 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse :
Provided that the appropriate Government shall have the power to extend the period of twelve months if in its opinion, circumstances exist justifying the same:
Provided further that any such decision to extend the period shall be recorded in writing and the same shall be notified and be uploaded on the website of the authority concerned.
(1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely :
(a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or
(b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or
(c) consented amount of compensation as agreed upon under subsection (2) of Section 2 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher:
Provided that the date for determination of market value shall be the date on which the notification has been issu
Section 26 of the RFCTLARR Act, 2013, is a pivotal provision that prescribes the methodology for determining the market value of land acquired under the Act. It aims to ensure fair, transparent, and just compensation for landowners, aligning with constitutional mandates and judicial interpretations to prevent arbitrary or inadequate compensation. This section emphasizes the importance of objective criteria, procedural safeguards, and adherence to statutory guidelines in the valuation process.
Section 26 mandates that the Collector shall assess the market value of land by adopting specific criteria, which include:- The average sale price of similar land in the vicinity (Clause (a))- The amount of compensation awarded in previous similar acquisitions (Clause (b))- The amount of compensation payable under any other law or scheme (Clause (c))- The value of any assets attached to or arising out of the land (e.g., trees, structures, assets) (Proviso)The section further incorporates the principle that the higher of the values obtained through these methods shall be adopted, incorporating the phrase "whichever is higher." It also underscores that the valuation must be based on objective, relevant data and that the process involves a mandatory enquiry.
Section 26 applies to all land acquisition proceedings under the Act, whether initiated before or after the commencement of the Act, especially emphasizing that the valuation must reflect the market value at the relevant date, which is generally the date of notification under Section 11 or Section 4, depending on the context. It also implicitly limits the scope of valuation to objective, comparable data and statutory criteria, excluding extraneous or irrelevant factors such as financial constraints or subjective assessments.
Section 26 itself does not prescribe specific punishments; however, violations such as:- Failing to conduct a proper enquiry- Ignoring relevant data- Arbitrary valuation- Suppression of assets or relevant evidencemay attract penalties under applicable laws, including criminal liability for misconduct, penalties for false information (as per Section 84 of the Act or related provisions), or departmental disciplinary action. Misuse or neglect in valuing land can also lead to civil liabilities or judicial consequences, including quashing of awards and compensation orders.
Section 26 stands as a cornerstone in ensuring fair, transparent, and objective valuation of land for acquisition under the RFCTLARR Act, 2013. Its emphasis on adopting multiple objective criteria, ensuring the higher valuation, and mandating thorough enquiry aligns with constitutional mandates and judicial directives to prevent exploitation and arbitrariness in land acquisition. Proper adherence to these principles is essential for upholding landowners' rights and maintaining the rule of law in land valuation processes.
The Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land.
In determining the amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration-
firstly, the market value as determined under Section 26 and the award amount in accordance with the First and Second Schedules;
secondly, the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector's taking possession thereof;
thirdly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land;
fourthly, the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of
(1) The Collector in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by him.
(2) The Collector for the purpose of determining the value of trees and plants attached to the land acquired, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him.
(3) The Collector for the purpose of assessing the value of the standing crops damaged during the process of land acquisition, may use the services of experienced persons in the field of agriculture as may be considered necessary by him.
(1) The Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a "Solatium" amount equivalent to one hundred per cent. of the compensation amount.
Explanation.-For the removal of doubts it is hereby declared that solatium amount shall be in addition to the compensation payable to any person whose land has been acquired.
(2) The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule.
(3) In addition to the market value of the land provided under Section 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date o
(1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule.
(2) The Rehabilitation and Resettlement Award shall include all of the following, namely:- .
(a) rehabilitation and resettlement amount payable to the family;
(b) bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred;
(c) particulars of house site and house to be allotted, in case of displaced families;
(d) particulars of land allotted to the displaced families;
(e) particulars of one time subsistence allowance and transportation allowance in case of
In every resettlement area as defined under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic minimum amenities specified in the Third Schedule.
(1) The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under Section 64, before the making of such reference, by order, correct any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority :
Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making representation in the matter.
(2) The Collector shall give immediate notice of any correction made in the award so corrected to all the persons interested.
(3) Where any excess amount is proved to hav
The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry to a day to be fixed by him.
For the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the attendance of witnesses, including the parties interested of any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).
The appropriate Government may at any time before the award is made by the Collector under Section 30 call for any record of any proceedings (whether by way of inquiry or otherwise) for the purpose of satisfying itself as to the legality or propriety of any findings or order passed or as to the regularity of such proceedings and may pass such order or issue such direction in relation thereto as it may think fit:
Provided that the appropriate Government shall not pass or issue any order or direction prejudicial to any person without affording such person a reasonable opportunity of being heard.
(1) The Awards shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and market value of the land and the assets attached thereto, solatium so determined and the apportionment of the compensation among the persons interested.
(2) The Collector shall give immediate notice of his awards to such of the persons interested who are not present personally or through their representatives when the awards are made.
(3) The Collector shall keep open to the public and display a summary of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land f
(1) The Collector shall take possession of land after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of three months for the compensation and a period of six months for the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing from the date of the award made under Section 30:
Provided that the components of the Rehabilitation and Resettlement Package in the Second and Third Schedules that relate to infrastructural entitlements shall be provided within a period of eighteen months from the date of the award:
Provided further that in case of acquisition of land for irrigation or hydel project, being a public purpose, the rehabilitation and resettlement shall be completed six month
The Collector shall, as far as possible, not displace any family which has already been displaced by the appropriate Government for the purpose of acquisition under the provisions of this Act, and if so, displaced, shall pay an additional compensation equivalent to that of the compensation determined under this Act for the second or successive displacements.
(1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration of thirty days from the publication of the notice mentioned in Section 21, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrances.
(2) The powers of the appropriate Government under sub-section (1) shall be restricted to the minimum area required for the defence of India or national security or for any emergencies arising out of natural calamities or any other emergency with the approval of Parliament:
Provided that the Collector shall not take possession of any building or part of a building under this sub-section without giving to the occupier thereof at least forty-eight hours notice of his intentio
(1) As far as possible, no acquisition of land shall be made in the Scheduled Areas.
(2) Where such acquisition does take place it shall be done only as a demonstrable last resort.
(3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force:
Provided that the consent of the Panchayats or the Autonomous Districts Councils shall be obtained in cases w
(1) All benefits, including the reservation benefits available to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the resettlement area.
(2) Whenever the affected families belonging to the Scheduled Tribes who are residing in the Scheduled Areas referred to in the Fifth Schedule or the tribal areas referred to in the Sixth Scheduled to the Constitution are relocated outside those areas, than, all the statutory safeguards, entitlements and benefits being enjoyed by them under this Act shall be extended to the area to which they are resettled regardless of whether the resettlement area is a Scheduled Area referred to in the said Fifth Schedule, or a tribal area referred to in the said Sixth Schedule, or not.
(3) Where the community rights have been settled under the provisions of the Scheduled Tribes a
(1) Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification, appoint in respect of that project, an officer not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be the Administrator for Rehabilitation and Resettlement.
(2) The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the appropriate Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the appropriate Government may decide.
(3) Subject to the superintendence, d
(1) The State Government shall appoint an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and Resettlement.
(2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans.
(3) The Commissioner shall be responsible for the post-implementation social audit in consultation with the Gram Sabha in rural areas and municipality in urban areas.
(1) Where land proposed to be acquired is equal to or more than one hundred acres, the appropriate Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement Scheme and to carry out post-implementation social audits in consultation with the Gram Sabha in rural areas and municipality in urban areas.
(2) The Rehabilitation and Resettlement Committee shall include, apart from officers of the appropriate Government, the following members, namely:-
(a) a representative of women residing in the affected area;
(b) a representative each of the Scheduled Castes and the Scheduled Tribes residing in the affected area;
&
(1) Where any person other than a specified person is purchasing land through private negotiations for an area equal to or more than such limits, as may be notified by the appropriate Government, considering the relevant State specific factors and circumstances, for which the payment of Rehabilitation and Resettlement Costs under this Act is required, he shall file an application with the District Collector notifying him of-
(a) intent to purchase;
(b) purpose for which such purchase is being made;
(c) particulars of lands to be purchased.
(2) It shall be the duty of the Collector to refer the matter to the Commissioner for the satisfaction of all relevant provisions under this Act related to rehabilitation and resettlement.
&n
Where the Collector is of the view that the obligations of the Requiring Body with regard to rehabilitation and resettlement can be quantified into monetary amount, he shall allow the payment of such amount into an account in complete satisfaction of such obligations, which shall be administered by the Administrator appointed under Section 43, under the supervision of the Collector.
.-(1) The Central Government may, whenever necessary, for national or inter-State projects, constitute a National Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under this Act.
(2) The Committee may, besides having representation of the concerned Ministries and Departments of the Central and State Governments, associate with it eminent experts from the relevant fields.
(3) The procedures to be followed by the Committee and the allowances payable to the experts shall be such as may be prescribed.
(4) The Central Government shall provide officers and other employees to the Committee necessary for its efficient functioning.
The States and Union territories shall provide all the relevant information on the matters covered under this Act, to the National Monitoring Committee in a regular and timely manner, and also as and when required.
(1) The State Government shall constitute a State Monitoring Committee for reviewing and monitoring the implementation of rehabilitation and resettlement schemes or plans under this Act.
(2) The Committee may, besides having representatives of the concerned Ministries and Departments of the State Government, associate with it eminent experts from the relevant fields.
(3) The procedures to be followed by the Committee and the allowances payable to the experts shall be such as may be prescribed by the State.
(4) The State Government shall provide such officers and other employees to the Committee as may be necessary for its efficient functioning.
(1) The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authority conferred on it by or under this Act.
(2) The appropriate Government shall also specify in the notification referred to in sub-section (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under Section 64 or applications made by the applicant under second proviso to sub-section (1) of Section 64.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) was enacted to ensure fair compensation and transparency in the process of land acquisition in India. Section 51 of the Act establishes the framework for the creation of the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA), which is tasked with resolving disputes related to land acquisition, compensation, rehabilitation, and resettlement.
Section 51 mandates the appropriate government to establish an authority for the speedy disposal of disputes concerning land acquisition, compensation, rehabilitation, and resettlement. This authority is intended to provide a more efficient mechanism for addressing grievances arising from land acquisition processes.
The scope of Section 51 extends to all matters related to land acquisition under the RFCTLARR Act, including:- Determining compensation amounts.- Addressing grievances related to rehabilitation and resettlement.- Ensuring compliance with the provisions of the Act.
While Section 51 itself does not prescribe specific punishments, it is part of a broader legislative framework that includes penalties for non-compliance with the provisions of the Act, as outlined in other sections.
(1) The Authority shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the appropriate Government.
(2) Notwithstanding anything contained in sub-section (1), the appropriate Government may authorise the Presiding Officer of one Authority to discharge also the functions of the Presiding Officer of another Authority.
(1) A person shall not be qualified for appointment as the Presiding Officer of an Authority unless,-
(a) he is or has been a District Judge; or
(b) he is a qualified legal practitioner for not less than seven years.
(2) A Presiding Officer shall be appointed by the appropriate Government in consultation with the Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established.
The Presiding Officer of an Authority shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.
(1) The appropriate Government shall provide the Authority with a Registrar and such other officers and employees as that Government may think fit.
(2) The Registrar and other officers and employees of an Authority shall discharge their functions under the general superintendence of the Presiding Officer.
(3) The salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority shall be such as may be prescribed.
The salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Presiding Officer of an Authority, shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of the said Presiding Officers shall be varied to their disadvantage after appointment.
If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of an Authority then the appropriate Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Authority from the stage at which the vacancy is filled.
(1) The Presiding Officer of an Authority may, by notice in writing under his hand addressed to the appropriate Government, resign his office:
Provided that the Presiding Officer shall, unless he is permitted by the appropriate Government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is earlier.
(2) The Presiding Officer of an Authority shall not be removed from his office except by an order made by the appropriate Government on the ground of proven misbehaviour or incapacity after inquiry in the case of the Presiding Officer of an Authority made by a Judge of a High Court in which the Presiding Officer concerned has been informed
No order of the appropriate Government appointing any person as the Presiding Officer of an Authority shall be called in question in any manner, and no act or proceeding before an Authority shall be called in question in any manner on the ground merely of any defect in the constitution of an Authority.
(1) The Authority shall, for the purposes of its functions under this Act, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record;
(e) issuing commission for the examination of witnesses;
(f) reviewing its decisions, directions and orders;
(g) any other matter which
All proceedings before the Authority shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860) and the Authority shall be deemed to be a civil court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
The Member and officers of the Authority shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860).
No civil court (other than High Court under article 226 or article 227 of the Constitution or the Supreme Court) shall have jurisdiction to entertain any dispute relating to land acquisition in respect of which the Collector or the Authority is empowered by or under this Act, and no injunction shall be granted by any court in respect of any such matter.
Section 63 of the 2013 Act delineates the jurisdictional boundaries of civil courts concerning disputes related to land acquisition proceedings. It emphasizes the exclusive jurisdiction of specialized authorities and courts, thereby restricting civil courts from entertaining such disputes, except under specific circumstances. This provision aims to streamline dispute resolution and uphold the legislative intent of expediting land acquisition processes while safeguarding public interest.
Section 63 explicitly states that civil courts (except the High Court under Articles 226 or 227 of the Constitution or the Supreme Court) do not have jurisdiction to entertain disputes related to land acquisition proceedings under the Act. It effectively bars civil courts from adjudicating issues such as compensation, title, or other disputes arising from land acquisition, reserving such matters for specialized tribunals or authorities.
Section 63 does not specify any punishment for non-compliance or violations. Its primary function is to restrict jurisdiction, and enforcement is through judicial interpretation and adherence by courts and authorities.
In summary, Section 63 of the 2013 Act is a crucial provision that consolidates jurisdiction over land acquisition disputes within specialized authorities, thereby promoting efficiency, uniformity, and adherence to legislative intent, while preserving constitutional remedies for certain disputes.
(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested:
Provided that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority :
Provided further that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the
(1) In making the reference, the Collector shall state for the information of the Authority, in writing under his hand-
(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;
(b) the names of the persons whom he has reason to think interested in such land;
(c) the amount awarded for damages and paid or tendered under Section 13, and the amount of compensation awarded under the provisions of this Act;
(d) the amount paid or deposited under any other provisions of this Act; and
(e) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.
(2) The s
The Authority shall thereupon cause a notice specifying the day on which the Authority will proceed to determine the objection, and directing their appearance before the Authority on that day, to be served on the following persons, namely:-
(a) the applicant;
(b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and
(c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector.
The scope of the enquiry in every such proceeding shall be restricted to a consideration of the interest of the persons affected by the objection.
Every such proceeding shall take place in public, and all persons entitled to practice in any Civil Court in the State shall be entitled to appear, plead and act (as the case may be) in such proceeding.
(1) In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under Section 26 to Section 30 and the provisions under Chapter V of this Act.
(2) In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent. per annum on such market value for the period commencing on and from the date of the publication of the preliminary notification under Section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier.
Explanation.-In computing the period referred to in this sub-section, any period or perio
(1) Every award under this Chapter shall be in writing signed by the Presiding Officer of the Authority, and shall specify the amount awarded under clause first of sub-section (1) of Section 28, and also the amounts (if any) respectively awarded under each of the other clauses of the same subsection, together with the grounds of awarding each of the said amounts.
(2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of clause (2), and clause (9) of respectively, of Section 2 of the Code of Civil Procedure, 1908 (5 of 1908).
(1) Every such award shall also state the amount of costs incurred in the proceeding under this Chapter, and by what persons and in what proportions they are to be paid.
(2) When the award of the Collector is not upheld, the cost shall ordinarily be paid by the Collector, unless the Authority concerned is of the opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs.
Section 71 of the RFCTLARR Act, 2013, deals with the costs associated with land acquisition proceedings, emphasizing the importance of transparency and fairness in legal processes related to compensation and land acquisition disputes. It ensures that the costs incurred during legal proceedings are clearly stated and allocated, reinforcing the Act's overarching goal of fair compensation and transparent land acquisition.
Section 71 primarily addresses the costs involved in land acquisition awards. It mandates that every award shall specify the amount of costs incurred during proceedings and identify the persons responsible for these costs. It also stipulates that if the initial compensation decision is challenged and later supported, the Collector may be liable to pay legal costs. The section further details the court's authority to determine and apportion costs, including legal expenses, in land acquisition disputes.
Section 71 applies to all awards related to land acquisition under the Act, covering the entire process from initial decisions to final awards. It governs the determination and allocation of costs incurred during legal proceedings, including court fees, legal representation, and associated expenses. The section aims to ensure transparency in the financial aspects of land acquisition disputes.
While Section 71 itself does not specify penalties, related provisions (e.g., Section 84) prescribe punishments for false information, mala fide actions, or misconduct during proceedings, such as imprisonment or fines. Such provisions serve as deterrents against dishonest or malicious conduct that could inflate costs or obstruct fair proceedings.
Note: The analysis is based on the available sources, primarily emphasizing the provisions and implications of Section 71 as they relate to costs, transparency, and fairness in land acquisition proceedings under the RFCTLARR Act, 2013.
If the sum, which in the opinion of the Authority concerned, the Collector ought to have awarded as compensation is in excess of the sum which the Collector did award as compensation, the award of the Authority concerned may direct that the Collector shall pay interest on such excess at the rate of nine per cent. per annum from the date on which he took possession of the land to the date of payment of such excess into Authority:
Provided that the award of the Authority concerned may also direct that where such excess or any part thereof is paid to the Authority after the date or expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent. per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into Authority before the date of such e
Section 72 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) pertains to the authority of the Collector to direct payment of interest on excess compensation awarded during land acquisition proceedings. This section aims to ensure fair financial redress to landowners by incentivizing accurate assessment and timely payment of compensation, thereby promoting transparency and fairness in land acquisition processes.
Section 72 authorizes the Collector to be directed by the concerned authority or court to pay interest on any excess amount of compensation that the Collector might have awarded or failed to pay. Specifically, the section provides that the Collector may be directed to pay interest on the excess compensation, which in the context of land acquisition, encourages diligent and fair assessment of land values and timely disbursement of compensation.
Section 72 covers:- Payment of interest on excess compensation awarded to landowners.- It applies when the Collector has either awarded an amount higher than the initial estimate or failed to disburse the full compensation amount.- The section is invoked during the post-award phase, mainly in proceedings related to the assessment and disbursement of compensation.- It aligns with the broader objectives of the 2013 Act to promote transparency and fairness in land acquisition, ensuring landowners receive just remuneration with interest for delayed or inadequate payments.
Section 72 does not specify any criminal punishment or penalty for non-compliance by the Collector. Instead, it provides a procedural mechanism for the concerned authority or court to direct payment of interest on excess compensation, serving as a remedial measure rather than a penal provision.
Note: The references cited are based on the provided sources, with particular emphasis on the legal interpretations and judicial insights related to Section 72.
(1) Where in an award under this Chapter, the Authority concerned allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under Section 23, the persons interested in all the other land covered by the same preliminary notification under Section 11, and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector, by written application to the Collector within three months from the date of the award of the Authority concerned require that the amount of compensation payable to them may be redetermined on the basis of the amount of compensation awarded by the Authority:
Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obt
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) was enacted to ensure fair compensation and transparency in the process of land acquisition in India. It aims to protect the rights of landowners and ensure that they are adequately compensated for their land.
Section 73 of the RFCTLARR Act provides for the re-determination of the amount of compensation awarded to landowners. It allows for an increase in compensation if the authority determines that the initial compensation awarded was inadequate.
The scope of Section 73 is limited to cases where the authority has awarded compensation that exceeds the initial amount offered by the land collector. It ensures that landowners receive fair compensation reflective of the market value and other relevant factors.
While Section 73 itself does not prescribe punishment, related sections of the Act outline penalties for contraventions regarding compensation and rehabilitation provisions.
(1) The Requiring Body or any person aggrieved by the Award passed by an Authority under Section 69 may file an appeal to the High Court within sixty days from the date of Award:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
(2) Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and endeavour shall be made to dispose of such appeal within six months from the date on which the appeal is presented to the High Court.
Explanation.-For the purposes of this section, "High Court" means the High Court within the jurisdiction of which the land acquired or proposed to be acquired is situat
When there are several persons interested, if such persons agree in the apportionment of the compensation, the particulars of such apportionment shall be specified in the award, and as between such persons the award shall be conclusive evidence of the correctness of the apportionment.
When the amount of compensation has been settled, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such disputes to the Authority.
Section 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the "2013 Act") deals with disputes related to the apportionment of compensation after land acquisition. It provides a mechanism for resolving disagreements concerning how the compensation amount is divided among entitled parties, ensuring transparency and fairness in the process.
Section 76 states that when the amount of compensation has been settled, any dispute arising regarding the apportionment of the compensation or any part thereof shall be referred to the appropriate authority for adjudication. It emphasizes that such disputes should be resolved through the prescribed statutory process, and the section delineates the scope of disputes covered under this provision.
Section 76 applies specifically to disputes about the apportionment of compensation after land acquisition. It does not cover disputes related to the valuation of land or the initial determination of compensation but focuses solely on how the settled amount is divided among claimants. It ensures that disputes are resolved within the statutory framework, preventing parties from approaching civil courts directly for such issues.
Section 76 itself does not prescribe any punishment or penal provisions. Its primary function is to facilitate dispute resolution through the designated authority. Penalties or consequences for contravention of the provisions would be governed by other sections of the Act or applicable laws, such as penalties for false claims or misuse of the process.
In summary, Section 76 of the 2013 Act is a crucial provision that ensures disputes regarding the apportionment of compensation are resolved within a structured, statutory framework, promoting transparency, fairness, and efficiency in land acquisition processes.
Note: All references are based on the provided sources and are formatted as per instructions.
(1) On making an award under Section 30, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them by depositing the amount in their bank accounts unless prevented by someone or more of the contingencies mentioned in sub-section (2).
(2) If the person entitled to compensation shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Authority to which a reference under Section 64 would be submitted :
Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:
&nb
(1) If any money is deposited in the Authority concerned under sub-section (2) of Section 77 and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Authority concerned shall -
(a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited was held; or
(b) if such purchase cannot be effected forthwith, then in such Government of other approved securities as the Authority concerned shall think fit, and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so de
When any money shall have been deposited in the Authority concerned under this Act for any cause other than the causes mentioned in Section 78, the Authority may, on the application of any party interested or claiming an interest in such money, order the same to be invested in such Government or other approved securities as it may think proper, and paid in such manner as it may 'consider will give the parties interested therein the same benefit from it as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be.
When the amount of such compensation is not paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest thereon at the rate of nine per cent. per annum from the time of so taking possession until it shall have been so paid or deposited:
Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent. per annum shall be payable from the date of expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry.
(1) Whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from the commencement of such occupation.
(2) The Collector shall thereupon give notice in writing to the person interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively.
(3) In case the Collector and the per
(1) On payment of such compensation, or on executing such agreement, or on making a reference under Section 64, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice.
(2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein:
Provided that, if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the appropriate Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose.
In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to the decision of the Authority concerned.
(1) If a person, in connection with a requirement or direction under this Act, provides any information that is false or misleading, or produces any false document, he shall be liable to be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both.
(2) Any rehabilitation and resettlement benefit availed of by making a false claim or through fraudulent means shall be liable to be recovered by the appropriate Government in the manner as may be prescribed.
(3) Disciplinary proceedings may be drawn up by the disciplinary authority against a Government servant, who if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be liable to such punishment including a fine as the disciplinary authority may decide.
If any person contravenes any of the provisions relating to payment of compensation or rehabilitation and resettlement, every such person shall be liable to a punishment of six months which may extend to three years or with fine or with both.
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is
(1) Where an offence under this Act has been committed by any department of the Government, the head of the department, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render any person liable to any punishment if such person proves that the offence was committed without his knowledge or that such person exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the head of the department, such officer shall
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall be competent to try any offence punishable under this Act.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every offence under this Act shall be deemed to be non-cognizable.
No court shall take cognizance of any offence under this Act which is alleged to have been committed by a Requiring Body except on a complaint in writing made by the Collector or any other officer authorised by the appropriate Government or any member of the affected family.
If the Collector is opposed or impeded in taking possession under this Act of any land, he shall, if a Magistrate, enforce the surrender of the land to himself, and if not a Magistrate, he shall apply to a Magistrate or to the Commissioner of Police, and such Magistrate or Commissioner, as the case may be, shall enforce the surrender of the land to the Collector.
(1) Save as otherwise provided in Section 66, the service of any notice under this Act shall be made by delivering or tendering a copy thereof signed, in the case of a notice, by the officer therein mentioned, and, in the case of any other notice, by order of the Collector.
(2) Whenever it may be practicable, the service of the notice shall be made on the person therein named.
(3) When such person cannot be found, the service may be made on any adult member of his family residing with him; and, if no such adult member can be found, the notice may be served by fixing the copy on the outer door of the house in which the person therein named ordinarily dwells or carries on business, or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-house, and also in some conspic
(1) The appropriate Government shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.
(2) Whenever the appropriate Government withdraws from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pay such amount to the person interested, together with all costs reasonably incurred by him in the prosecution of the proceedings under this Act relating to the said land.
(1) The provisions of this Act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired:
Provided that, if any question shall arise as to whether any land proposed to be taken under this Act does or does not form part of a house, manufactory or building within the meaning of this section, the Collector shall refer the determination of such question to the Authority concerned and shall not be taken possession of such land until after the question has been determined.
(2) In deciding on such a reference made under the proviso to sub-section (1), the Authority concerned shall have regard to the question whether the land proposed to be taken, is reasonably required for the full and unimpaired
Section 94 of the RFCTLARR Act, 2013, addresses the issue of acquiring parts of a house or building, emphasizing the importance of fair compensation and adherence to prescribed procedures. It aims to prevent arbitrary partial acquisitions that could cause undue hardship to property owners, ensuring transparency and fairness in land acquisition processes.
Section 94 stipulates that the provisions of the Act shall not be invoked solely for acquiring a part of any house, manufactory, or other building. It emphasizes that acquisition of partial land or structures must follow specific procedures, including referral to court for determination of whether the land forms part of the house or building, and whether its acquisition is reasonably necessary for the full and unimpaired use of the property.
Section 94 applies to all land acquisition proceedings under the Act where only part of a property, such as a house or building, is involved. It ensures that partial acquisitions are not executed arbitrarily and that property owners are protected from undue hardship. The section is applicable across urban and rural contexts, including infrastructure projects like roads, flyovers, and urban development.
Section 94 itself does not prescribe specific punishments; rather, it provides procedural safeguards. Violations of this section, such as unauthorized partial acquisition, may lead to legal challenges, including writ petitions, which courts have the authority to quash or modify such proceedings to uphold the principles of fairness and transparency.
Note: The references are based on the provided sources, summarized as per the instructions.
(1) Where the provisions of this Act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any Requiring Body, the charges of land incidental to such acquisition shall be defrayed from or by such fund or Requiring Body.
(2) In any proceeding held before a Collector or Authority concerned in such cases the local authority or Requiring Body concerned may appear and adduce evidence for the purpose of determining the amount of compensation:
Provided that no such local authority or Requiring Body shall be entitled to demand a reference to the Authority concerned under Section 64.
No income tax or stamp duty shall be levied on any award or agreement made under this Act, except under Section 46 and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) was enacted to ensure fair compensation and transparency in the process of land acquisition. Section 96 of this Act specifically addresses the exemption from income tax, stamp duty, and fees related to compensation awarded under this legislation.
Section 96 states that no income tax or stamp duty shall be levied on any award or agreement made under the RFCTLARR Act, except as provided under Section 46. This provision aims to protect landowners from additional financial burdens when their land is acquired for public purposes.
The scope of Section 96 is limited to compensations awarded under the RFCTLARR Act. It does not apply to compensations awarded under previous land acquisition laws or other statutes, thereby creating a clear demarcation of applicability.
While Section 96 itself does not prescribe punishment, violations related to the provisions of the RFCTLARR Act may lead to penalties as outlined in other sections of the Act.
In any proceeding under this Act, a certified copy of a document registered under the Registration Act, 1908 (16 of 1908), including a copy given under Section 57 of that Act, may be accepted as evidence of the transaction recorded in such document.
No suit or other proceeding shall be commenced against any person for anything done in pursuance of this Act, without giving to such person a month's previous notice in writing of the intended proceeding, and of the cause thereof, nor after tender of sufficient amendments.
No change from the purpose or related purposes for which the land is originally sought to be acquired shall be allowed:
Provided that if the land acquired is rendered unusable for the purpose for which it was acquired due to a fundamental change because of any unforeseen circumstances, then the appropriate Government may use such land for any other public purpose.
No change of ownership without specific permission from the appropriate Government shall be allowed.
When any land, acquired under this Act remains unutilised for a period of five years from the date of taking over the possession, the same shall be returned to the original owner or owners or their legal heirs, as the case may be, or to the Land Bank of the appropriate Government by reversion in the manner as may be prescribed by the appropriate Government.
Explanation.-For the purpose of this section, "Land Bank" means a governmental entity that focuses on the conversion of Government owned vacant, abandoned, unutilised acquired lands and tax-delinquent properties into productive use.
Whenever the ownership of any land acquired under this Act is transferred to any person for a consideration, without any development having taken place on such land, forty per cent. of the appreciated land value shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired within a period of five years from the date of acquisition:
Provided that benefit shall accrue only on the first sale or transfer that occurs after the conclusion of the acquisition proceedings.
The provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force.
Notwithstanding anything contained in this Act, the appropriate Government shall, wherever possible, be free to exercise the option of taking the land on lease, instead of acquisition, for any public purpose referred to in sub-section (1) of Section 2.
(1) Subject to sub-section (3), the provisions of this Act shall not apply to the enactments relating to land acquisition specified in the Fourth Schedule.
(2) Subject to sub-section (2) of Section 106 the Central Government may, by notification, omit or add to any of the enactments specified in the Fourth Schedule.
(3) The Central Government shall, by notification, within one year from the date of commencement of this Act, direct that any of the provisions of this Act relating to the determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected families, shall apply to the cases of land acquisition under the enactments specified in the Fourth Schedule or shall apply with such exceptions or modifications that do not red
Section 105 of the RTFC & R Act, 2013 delineates the scope and applicability of the Act's provisions to various enactments related to land acquisition. It aims to clarify the relationship between the new Act and existing statutes, especially in cases involving special or specific land acquisition laws, and sets the framework for their integration or exemption.
In conclusion, Section 105 of the RTFC & R Act, 2013, provides a structured legal framework for integrating or exempting existing land acquisition laws, ensuring that the benefits of the 2013 Act are extended in a controlled manner, with procedural safeguards to protect landowners’ rights and uphold constitutional principles. Proper notifications, compliance with procedural requirements, and timely amendments are critical to the validity of land acquisition under this section.
(1) The Central Government may, by notification, amend or alter any of the Schedules to this Act, without in any way reducing the compensation or diluting the provisions of this Act relating to compensation or rehabilitation and resettlement.
(2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or as the case may be, shall be issued only in such modified form as may be agreed upon by both the
Nothing in this Act shall prevent any State from enacting any law to enhance or add to the entitlements enumerated under this Act which confers higher compensation than payable under this Act or make provisions for rehabilitation and resettlement which is more beneficial than provided under this Act.
(1) Where a State law or a policy framed by the Government of a State provides for a higher compensation than calculated under this Act for the acquisition of land, the affected persons or his family or member of his family may at their option opt to avail such higher compensation and rehabilitation and resettlement under such State law or such policy of the State.
(2) Where a State law or a policy framed by the Government of a State offers more beneficial rehabilitation and resettlement provisions under that Act or policy than under this Act, the affected persons or his family or member of his family may at his option opt to avail such rehabilitation and resettlement provisions under such State law or such policy of the State instead of under this Act.
(1) Subject to the other provisions of this Act, the appropriate Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing, such rules may provide for all or any of the following matters, namely:-
(a) the process of obtaining the prior consent under the first proviso to sub-section (2) of Section 2;
(b) the limits of land in rural areas or urban areas under clause (a) of sub-section (3) of Section 2;
(c) the manner and the time limit for carrying out social impact assessment study under sub-section (1) of Section 4;
(d) the manner of preparing and publishing social impact assessment study reports und
Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
The power to make rules by the Central or State Government under this Act shall be subject to the condition of the rules, being made after previous publication.
(1) If any difficulty arises in giving effect to the provisions of this Part, the Central Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty :
Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
(1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed.
(2) Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to prejudice or affect the general application of Section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Compensation for Land Owners
The following components shall constitute the minimum compensation package to be given to those whose land is acquired and to tenants referred to in clause (c) of Section 3 in a proportion to be decided by the appropriate Government.
Serial No. Component of compensation package in respect of land acquired under the Act Manner of determination of value
Date of determination of value
(1) (2) (3) (4)
1. Market value of land To be determined as provided under Section 26.
2. Factor by which the market value is to be multiplied in the case of rural areas
1.00 (One) to 2.00 (Two) based on the
Elements of Rehabilitation and Resettlement Entitlements for all the Affected Families (Both Land Owners and the Families Whose Livelihood is Primarily Dependent on Land Acquired) in Addition to those provided in the First Schedule.
Serial No. Elements of Rehabilitation and Resettlement Entitlements
Entitlement/ provision Whether provided or not (if provided, details to be given)
(1) (2) (3) (4)
1. Provision of housing units in case of displacement (1) If a house is lost in rural areas, a constructed house shall be provided as per the Indira Awas Yojana specifications. If a house is lost in urban areas, a constructed house shall be provided, which will be not less than 50 sq mts in plinth area.
(2) The
Provision of Infrastructural Amenities
For resettlement of populations, the following infrastructural facilities and basic minimum amenities are to be provided at the cost of the Requisitioning Authority to ensure that the resettled population in the new village or colony can secure for themselves a reasonable standard of community life and can attempt to minimise the trauma involved in displacement.
A reasonably habitable and planned settlement would have, as a minimum, the following facilities and resources, as appropriate:
Serial No. Component of infrastructure amenities provided/proposed to be provided by the acquirer of land Details of infrastructure amenities provided by the acquirer of land
(1) (2) (3)
&
List of Enactments regulating Land Acquisition and Rehabilitation and Resettlement
1. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958).
2. The Atomic Energy Act, 1962 (33 of 1962).
3. The Damodar Valley Corporation Act, 1948 (14 of 1948).
4. The Indian Tramways Act, 1886 (11 of 1886).
5. The Land Acquisition (Mines) Act, 1885 (18 of 1885).
6 .The Metro Railways (Construction of Works) Act, 1978 (33 of 1978).
7. The National Highways Act, 1956 (48 of 1956).
8. The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1
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