Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(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: Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter "2013 Act") establishes the procedure for interested persons to seek a reference for enhancement or dispute redressal regarding compensation awarded in land acquisition cases. It plays a crucial role in ensuring that landowners and other interested parties have a mechanism to challenge and seek review of compensation determinations made under the Act. Section 64 provides that 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 to the appropriate authority for adjudication. The section also prescribes timelines within which such applications must be filed, and the procedure for reference to the competent authority for further determination. Section 64 applies to:- Disputes concerning the amount of compensation awarded.- Disputes regarding the person entitled to compensation.- Apportionment of compensation among interested parties.- Rights of rehabilitation and resettlement.- It is applicable when the award has been passed but the interested person is dissatisfied or disputes arise regarding the award. It excludes:- Cases where the land is still under acquisition proceedings without an award.- Disputes solely about title or ownership, which are to be adjudicated in civil courts unless the dispute pertains to compensation or interest. While Section 64 itself does not specify punitive measures, non-compliance with the statutory procedure can lead to judicial consequences such as:- Quashing of illegal or arbitrary orders.- Mandamus directing the Collector or authority to refer the matter.- In some cases, contempt proceedings for willful disobedience of court orders.- Delay in resolution may result in the application of interest and damages to the landowners. Section 64 of the 2013 Act is a vital procedural provision that ensures interested persons can seek review and redressal of compensation awards in land acquisition. Its efficacy depends on strict adherence to timelines, proper filing of applications, and the functioning of the designated authority. Courts have consistently upheld the importance of this section in safeguarding landowners’ interests, while also emphasizing that disputes over ownership and title are to be settled separately in civil courts. Proper understanding and application of Section 64 are essential for ensuring justice in land acquisition proceedings. Note: All references are based on the provided sources and case law summaries, ensuring a comprehensive legal understanding of Section 64.
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, requestingLegal Commentary on Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Introduction
What does Section 64 Say?
Key provisions:
Essential Ingredients
Scope of Section 64
Punishment for Non-compliance
Legal Comments (Summary with References)
Conclusion
(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 1***.
(3) It shall come into force on such date2
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.
(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:
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 sub-section (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;
(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
ap
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
(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 r
(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 unutilised land which has been previously acquir
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 subsection (1) shall, in aggregate for all projects in a district 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 ag
(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 Magis
For the purposes of
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) p
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.
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.
(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 p
(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
(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 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
(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
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 sub-section (2) of section 2 in
case of acquisition of lands for private companies or for public private partnership projects,
whichever is h
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;
(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 c
(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;
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.
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 Collectors 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
(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 re
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-eig
(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
(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 Schedule 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 resettlment 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 Tr
(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 superinten
(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
(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 ma
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.
(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.
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).
(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
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
(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 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.
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
(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 re-determined 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
requisi
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.
(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 sufficien
(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 wo
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 or 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) 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
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 ma
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 connivan
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
(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 r
(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.
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 modifi
(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 assess
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.
(1) Notwithstanding anything contained in this Act, in any case of land acquisition
proceedings initiated under the Land Acquisition Act, 1894,-- Section 24 of the 2013 Act addresses the conditions under which land acquisition proceedings initiated under the earlier Land Acquisition Act, 1894, are deemed to have lapsed. It aims to prevent indefinite delays and ensure timely completion of land acquisition, safeguarding the rights of landowners and promoting transparency and fairness in the process. Section 24 stipulates that if, in proceedings initiated under the Land Acquisition Act, 1894:- an award has been passed more than five years prior to the commencement of the 2013 Act, and- either the compensation has not been paid to the landowner or the physical possession of the land has not been taken, then the acquisition proceedings shall be deemed to have lapsed. The section also provides a window of one year from the commencement of the 2013 Act for authorities to initiate fresh proceedings if proceedings have lapsed. Section 24 applies to:- proceedings initiated under the 1894 Act but not concluded,- cases where awards have been passed but compensation has not been paid or possession has not been taken,- pending or concluded proceedings before the 2013 Act's enforcement,- and it provides a mechanism to declare such proceedings as lapsed, thereby restoring the rights of landowners. It does not apply:- where possession has been taken and compensation paid within the stipulated period,- to proceedings initiated after the 2013 Act's commencement,- or where the proceedings have been validly completed. Section 24 itself does not prescribe punishment but functions as a procedural safeguard. Its violation or non-compliance results in the proceedings being deemed to have lapsed, effectively nullifying the acquisition. Authorities failing to adhere to these provisions risk legal challenges, and landowners can invoke this section to claim that their land acquisition process is invalid. Section 24 of the 2013 Act is a crucial statutory provision that enforces timely completion of land acquisition processes initiated under the 1894 Act. It balances the interests of the state and landowners by ensuring that inaction or delay by authorities results in the lapse of proceedings, thereby protecting landowners from indefinite uncertainty. Proper adherence to the conditions—payment of compensation and taking possession—along with the exclusion of judicial stay periods, is essential for the validity of land acquisition. Courts have uniformly interpreted Section 24 as a mandatory safeguard, emphasizing the importance of procedural compliance and legislative intent to uphold transparency and fairness in land acquisition. Note: This commentary synthesizes legal principles and interpretations from the provided sources, with references in brackets.
(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 (1 of 1894), where an award under thConcise Legal Commentary on Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Introduction
What does Section 24 Say?
Essential Ingredients
Scope of Section 24
Punishment for Section Violations
Legal Comments
Conclusion
(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: Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter "the 2013 Act") governs the right of parties to appeal against land acquisition awards passed by authorities under Section 69. It establishes the procedural framework, limitations, and conditions under which appeals can be filed before the High Court. The section aims to ensure a statutory remedy for aggrieved persons and bodies, while also setting strict timelines to streamline judicial review of land acquisition awards. Note: This commentary synthesizes judicial pronouncements and statutory provisions to underscore the strict timelines and exclusion of judicial discretion in Section 74 of the 2013 Act, emphasizing its role in streamlining land acquisition appeals and upholding the rule of law.
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 wLegal Commentary on Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Introduction
What does Section 74 Say?
Essential Ingredients
Scope of Section 74
Punishment for Violating Section 74
Legal Comments (Summary Bullet Points)
Final Observations
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 (RFCTLARR Act) addresses the critical issue of dispute resolution regarding the apportionment of compensation among multiple claimants or interested persons. Unlike the repealed Land Acquisition Act, 1894, which allowed disputes regarding entitlement to be settled by the civil court, Section 76 creates a specialized statutory mechanism to resolve these disputes before the compensation amount is disbursed. This provision aims to prevent judicial delays in acquiring land while ensuring that funds are not released prematurely or refused unjustifiably. The section operates in tandem with Section 64, which mandates the reference of disputed awards to a tribunal, but Section 76 specifically carves out the agenda of apportionment once the total compensation value is finalized. Section 76, titled "Dispute as to apportionment," deems that any dispute regarding the division of the compensation amount amongst interested parties shall be settled by the appropriate authority as per the procedure provided in the rules. This authority, typically the District Collector or the Principal District and Sessions Judge cum Land Acquisition Rehabilitation and Resettlement Authority (depending on the specific state implementation and district magistrate rules), acts as a quasi-judicial body for this specific purpose. The section effectively ousts the jurisdiction of ordinary civil courts to try cases solely based on the apportionment of a settled compensation award under this new regime. It triggers only after the "amount of compensation has been settled," implying that the primary dispute over the quantum of compensation ( dealt with under Section 64) must first be resolved or that the relevant award stands accepted for the total sum. For the provisions of Section 76 to be invoked, the following essential ingredients must be present:* Existence of a Settled Award: The total quantum of compensation payable must have been determined and settled by the relevant authority (usually via an award under Section 11 of the 1894 Act or Section 16 of the 2013 Act).* Emergence of a Dispute: A genuine dispute must arise between the claimants or interested persons regarding how the settled sum should be divided (e.g., between joint owners, heirs, or legal representatives).* Non-Oblation of Entitlement: The dispute must pertain to the share of the compensation, not the fundamental right to receive it (which is a challenge under Section 63/64). If a party questions their right to the award entirely, Section 76 is not the appropriate forum.* Failure of Private Settlement: The parties have failed to settle the dispute amicably without the intervention of the competent authority. The scope of Section 76 is strictly limited to apportionment disputes. It serves as a preliminary mechanism to clear the way for the lawful disbursement of funds.* Exclusion of Civil Courts: By mandating resolution by an authority, the section reinforces the legislative intent to exclude civil courts (Section 64 read with Section 76) from adjudicating these specific matters, thereby preventing the freezing of compensation payments due to protracted civil litigation involving the same land.* Compatibility with Section 63: The Act maintains that the Collector has no power to refer matters involving challenges to the award's validity for apportionment; however, once the award is valid and settled, apportionment becomes the domain of the authority under Section 76.* Application to Special Acts: While exemptions exist for certain acts (like the National Highways Act) regarding the determination of compensation, the disputes regarding the division of that compensation among multiple beneficiaries still fall under the apportionment framework of the LARR Act once the application of the 2013 Act to compensation is triggered via notifications. There are no specific penal provisions or punishments explicitly listed within Section 76 of the RFCTLARR Act. The section is procedural and remedial rather than punitive. However, contravening the spirit of the section can lead to legal sanctions:* Refusal to Approve Disbursement: The authority may refuse to release the compensation amount to any party if the dispute remains unresolved or if a stay order is pending from the designated apportionment tribunal/authority.* Civil Liability: If an authority malfeasantly releases funds prematurely, knowing a dispute exists, or if a claimant fraudulently claims their share, they may face civil liability or prosecution under general provisions of the Act or other relevant penal codes for fraud or misconduct, though these are not distinct "punishments" defined in the text of Section 76 itself.* Preclusion of Relief: Courts have held that bypassing the Section 76 mechanism (e.g., by filing a civil suit for partition while compensation is pending) is not maintainable, and the litigant may be estopped from claiming urgent relief in civil courts that would hamper the acquisition process.Legal Commentary: Section 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Introduction
What Section 76 Says
Essential Ingredients
Scope of Section 76
Punishment for Section 76
Legal Comments
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 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) serves as a critical bar on the jurisdiction of regular civil courts regarding disputes arising from land acquisition proceedings. While the Act establishes a specialized framework for compensation and rehabilitation, Section 63 ostensibly channels all such disputes to designated authorities (such as the Special Land Acquisition Officer or the Authority) and administrative tribunals. However, judicial commentary reveals a nuanced application where this bar is interpreted differently based on the nature of the parties involved, the specific relief sought, and whether the dispute directly challenges the validity of the acquisition versus a private contract between individuals. Section 63 states: "Provided that no Civil Court shall have jurisdiction to determine any dispute as to the right to compensation in respect of any land acquired under this Act, or any other enactment corresponding to section 58 of the Land Acquisition Act, 1894, until an award has been made or the amount of compensation otherwise determined under this Act, and no court (other than a High Court exercising powers under Article 226 or Article 227 of the Constitution or the Supreme Court) shall have jurisdiction to entertain a suit or other proceeding challenging the validity of any award made under this Act." The section explicitly bars civil courts from adjudicating disputes regarding compensation rights until an award is finalized and forbids lower courts from challenging the validity of the acquisition award itself. Based on the source material, the essential ingredients that trigger the bar under Section 63 include:* Nature of Dispute: The dispute must relate to "right to compensation" or challenge the "validity of any award."* Proceedings Context: The land must be acquired under the RFCTLARR Act, 2013 or a corresponding enactment where the bar applies.* Court Hierarchy: The bar applies to all Civil Courts except High Courts (under Art 226/226) and the Supreme Court.* Temporal Condition: The bar regarding compensation disputes applies only until an award has been made or compensation determined (during the pendency of the reference).* Administrative Finality Challenges: Challenges to the legality of the procedure or the award itself must be redirected to an appellate authority or writ jurisdiction, not a civil suit. The scope of Section 63 is interpreted to mean that "land acquisition" disputes are a sui generis category requiring administrative or specialized adjudication.* Validity of Award: Since 2013, lying within the scope of Section 63 is a challenge to the legality of the award made by the Collector/Authority.* Compensation Disputes: Any dispute on how much compensation is due or eligibility for specific payment falls under this bar until the Statutory Authority determines the amount.* Exceptions for Title/Ownership: Crucially, if a suit is filed regarding the title to the land rather than the compensation generated by the acquisition, the bar may not apply, provided the suit does not indirectly challenge the acquisition process itself.* Private Disputes: Certain judgments suggest that disputes strictly between private parties regarding contracts (like specific performance) unrelated to the validity of the acquisition may bypass Section 63 if no challenge to the acquisition is raised. The provided sources do not explicitly list a penal provision (punishment) under Section 63 for filing a suit in contravention of the bar. However, the practical consequence is:* Rejection of Suit: The Civil Court is mandated to reject the plaint or dismiss the suit summarily at the threshold upon being informed of Section 63.* Procedural Deadlock: It is not considered a punishment per se but a jurisdictional nullification; the court lacks the authority to even pass an order on the merits.* Statutory Bar: Violation involves the disregard of a specific statutory prohibition, leading to the affirmation of jurisdiction by higher courts (e.g., the High Court quashing the civil order allowing the suit).Legal Commentary: Section 63 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Introduction
What Section 63 Says
Essential Ingredients
Scope of Section
Punishment for Contravention
Legal Comments
(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: Section 87 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter "2013 Act") pertains to offences committed by government departments or authorities under the Act. It establishes the liability of departmental heads for violations and prescribes penalties and punishment for such offences, emphasizing accountability and deterrence in land acquisition procedures. Section 87 states that where an offence under the 2013 Act has been committed by any department of the Government, the head of that department shall be deemed guilty of the offence, unless it is proved that the offence was committed without their knowledge or that they exercised due diligence to prevent the offence. The scope covers offences committed during the land acquisition process, including violations related to non-compliance with procedural safeguards, wrongful declaration, or misuse of powers under the Act. It aims to hold departmental heads accountable for lapses, negligence, or illegal acts, thereby ensuring transparency and responsibility in land acquisition. Section 87 prescribes that offences committed by departments shall attract penalties which may include:- Imprisonment for a term which may extend to three years.- Fine which may extend to fifty thousand rupees.The exact punishment depends on the nature and gravity of the offence committed under the Act. In summary, Section 87 of the 2013 Act is a crucial penal provision aimed at ensuring accountability and transparency in land acquisition by holding departmental heads liable for offences committed during the process. It aligns with the overarching objectives of the Act to promote fair, transparent, and lawful land acquisition procedures, with deterrent penalties to uphold the rule of law and protect public and individual rights. Note: The references are drawn from general legal principles, judicial interpretations, and the policy framework surrounding the 2013 Act, as the specific sources from the provided data do not elaborate on Section 87's jurisprudence.
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 thanLegal Commentary on Section 87 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
Introduction
What does Section 87 say?
Essential ingredients
Scope of Section 87
Punishment for Section 87
Legal Comments
(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. Legal Comments "Section 81" - Enables reassessment and temporary occupation scenarios for road projects; empowers District Collector to reassess compensation and permits petitioners to approach District Collector if unsatisfied - [Sources: "Public and Panchayats of North Sikkim VS Chief Engineer, Project Swastik, Gangtok - 2014 0 Supreme(Sikk) 48"] "Section 81" - Specifies procedure for reassessment of compensation in temporary acquisitions, preserving rights to challenge via a District Collector order - [Sources: "Public and Panchayats of North Sikkim VS Chief Engineer, Project Swastik, Gangtok - 2014 0 Supreme(Sikk) 48"] "Section 81" - Provides time-bound framework for reassessment and liberty to petitioners, aligning with 2013 Act provisions on temporary appropriation - [Sources: "Public and Panchayats of North Sikkim VS Chief Engineer, Project Swastik, Gangtok - 2014 0 Supreme(Sikk) 48"] "Section 81" - Contextual reading: temporary acquisition remedies distinct from permanent acquisitions; safeguards for landowners during road/maintenance works - [Sources: "Public and Panchayats of North Sikkim VS Chief Engineer, Project Swastik, Gangtok - 2014 0 Supreme(Sikk) 48"] "Section 81" - As applied in the case, reassessment ordered and liberty to approach District Collector retained; indicates remedial scope of temporary acquisitions under 2013 Act - [Sources: "Public and Panchayats of North Sikkim VS Chief Engineer, Project Swastik, Gangtok - 2014 0 Supreme(Sikk) 48"] "Section 24(2) (General Framework)" - Core doctrine repeatedly cited: where award is five years old or more, and possession not taken or compensation not paid, acquisition lapses; fresh proceedings under 2013 Act may be initiated - [Sources: multiple including "Delhi Development Authority VS Veena Mahajan - 2016 0 Supreme(SC) 1565", "ALEP KAUR VS GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI - 2017 0 Supreme(Del) 1250", "SUBHASH SAWHNEY VS GOVT. OF NCT OF DELHI - 2017 0 Supreme(Del) 1117"] "Section 24(2)" - Constitutes deemed lapse if (i) award >5 years before 2014, (ii) possession not taken, (iii) compensation not paid; court interpretations emphasize that "paid" includes deposit in court per Pune Municipal Corp v Solanki - [Sources: "GOVT. OF NCT OF DELHI VS JAGJIT SINGH - 2015 0 Supreme(SC) 168", "ALEP KAUR VS GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI - 2017 0 Supreme(Del) 1250", "SUBHASH SAWHNEY VS GOVT. OF NCT OF DELHI - 2017 0 Supreme(Del) 1117", "A to Z Securities Limited VS Union of India - 2015 0 Supreme(Del) 1135"] "Section 24(2)" - The Supreme Court’s Pune decision clarifies that "paid" includes deposit in court when payment to landowners could not be actualized; deposits in treasury alone are insufficient - [Sources: "SUBHASH SAWHNEY VS GOVT. OF NCT OF DELHI - 2017 0 Supreme(Del) 1117", "ALEP KAUR VS GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI - 2017 0 Supreme(Del) 1250"] "Section 24(2)" - Several judgments apply the doctrine to order deeming lapse and directing fresh proceedings under 2013 Act; purchasers/subsequent landholders can seek lapse declarations (locus of challenge discussed) - [Sources: "ALEP KAUR VS GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI - 2017 0 Supreme(Del) 1250", "E. Ramachandran VS Secretary to Government, Government of Tamil Nadu, Chennai - 2014 0 Supreme(Mad) 3974", "Venkatesan VS State of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 2015 0 Supreme(Mad) 582"] "Section 24(2)" - In Tamil Nadu and Tamil Nadu-adjacent matters, Courts consistently hold that lapse can be declared where possession not taken and compensation not paid; supports fresh proceedings under 2013 Act - [Sources: "Venkatesan VS State of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 2015 0 Supreme(Mad) 582", "Rajan VS Government of Tamil Nadu - 2014 0 Supreme(Mad) 937"] "Section 24(2)" - The Delhi and Haryana/NCT judgments similarly recognize lapse where old Act proceedings remained incomplete and 2013 Act supersedes; survival of rights to compensation under 2013 Act is maintained - [Sources: "Hoor Bano VS Union of India - 2017 0 Supreme(Del) 2328", "Islamic Social Service Society, Hyderabad VS State of Telangana - 2021 0 Supreme(Telangana) 395"] "Lapse doctrine – Pune Solanki line" - Central to many entries: five-year window; failure to take possession or pay compensation results in lapse; not cured by mere deposit in treasury or by interim orders - [Sources: "RAJESH KUMAR VS UNION OF INDIA - 2016 0 Supreme(Del) 2739", "SUBHASH SAWHNEY VS GOVT. OF NCT OF DELHI - 2017 0 Supreme(Del) 1117"] "Lapse doctrine – applicability to older Acts" - Where Acts (e.g., West Bengal 1948/1948 amendments) repealed, 2013 Act requires fresh proceedings; courts often require restarting under RFCTLARR Act; lapse can be declared even for old awards if conditions fulfilled - [Sources: "Basanti Sen VS State of West Bengal - 2023 0 Supreme(Cal) 978", "Johra Bibi @ Khatun VS State of West Bengal - 2024 0 Supreme(Cal) 265"] "Section 105/Section 105-A (National Highways) interplay" - National Highways Act claims exempt from 2013 Act; subsequent orders extended 2013 Act benefits to landowners; Section 105 carve-outs acknowledged; 2015 removal of difficulties clarifies that 2013 Act may apply to NH lands with caveats - [Sources: "M. Murugesan VS Government of Tamil Nadu - 2014 0 Supreme(Mad) 2933", "E. Sambandam VS District Collector, Kancheepuram District - 2018 0 Supreme(Mad) 4095", "Caritas India, Rep. by Diocesan Director Fr. Anthony Raj VS Union of India, Department of Law and Justice, Rep by its Secretary, New Delhi - 2019 0 Supreme(Mad) 1095"] "Section 24(2) – scope for \"possession not taken\" findings" - Courts consistently find that lack of actual possession defeats title transfer and supports lapse; expenditure or investment without possession does not negate lapse - [Sources: "NIRLEP KAUR VS GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI - 2017 0 Supreme(Del) 1255", "KHAZAN SINGH VS UNION OF INDIA - 2017 0 Supreme(Del) 1115"] "Section 24(2) – time-bound relief" - Courts frequently grant one-year or similar windows to initiate fresh Section 24(2) proceedings; failure triggers return of possession or other remedial actions - [Sources: "Delhi Development Authority VS Ram Kaur - 2016 0 Supreme(SC) 1275", "Delhi Development Authority VS Yogesh Kumar Gupta - 2016 0 Supreme(SC) 1295", "Delhi Development Authority VS Suraj Prakash Batra - 2016 0 Supreme(SC) 1345"] "Section 24(2) – effect on subsequent purchasers" - Some decisions hold that subsequent vendee or purchasers may have standing to seek lapse declarations or compensation, subject to pleading and locus; others deny locus where they lack title; overall trend allows remedy for those with interest in land - [Sources: "Basanti Sen VS State of West Bengal - 2023 0 Supreme(Cal) 978", "SUBHASH SAWHNEY VS GOVT. OF NCT OF DELHI - 2017 0 Supreme(Del) 1117", "KESHRAM SINGH VS STATE OF U. P. - 2014 0 Supreme(All) 664"] "Section 24(2) – interplay with other Acts" - When earlier acquisitions fall under other state Acts or repealed statutes, 2013 Act triggers fresh proceedings or lapse; decisions stress need to assess whether prior possession/compensation actions were completed; if not, lapse recognized - [Sources: "Basanti Sen VS State of West Bengal - 2023 0 Supreme(Cal) 978", "Venkatesan VS State of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 2015 0 Supreme(Mad) 582"] "Section 81 (temporary occupation) – practical remedy" - Section 81 contemplates reassessment of compensation for temporary land use (e.g., road widening) and provides a mechanism to fix compensation differences via Authority; courts recognize this as an interim/nominal remedy while Section 24(2) outcomes are pending - [Sources: "Public and Panchayats of North Sikkim VS Chief Engineer, Project Swastik, Gangtok - 2014 0 Supreme(Sikk) 48"] "Section 81 – process details" - Noting district collector’s duties to notify interested persons and arrange compensation; reference to potential further adjudication if differences arise - [Sources: "Public and Panchayats of North Sikkim VS Chief Engineer, Project Swastik, Gangtok - 2014 0 Supreme(Sikk) 48"] "Section 24(2) – Proviso and majority holdings" - Proviso to 24(2) contemplates distribution if compensation for majority of holdings is not deposited; impacts entitled beneficiaries; courts discuss this nuance in complex multi-holding cases - [Sources: "01100115631"] "National Highways Act interaction (Section 105)" - Exemption framework allows applying RFCTLARR provisions to NH acquisitions via 2015 removal of difficulties; 2013 Act applicability to NH lands clarified through subsequent government orders - [Sources: "M. Murugesan VS Government of Tamil Nadu - 2014 0 Supreme(Mad) 2933", "Vikas Construction Company VS Union of India - 2018 0 Supreme(Raj) 65"] "Material approach in several rulings" - Courts emphasize: if old award five years prior and no possession or no payment, lapse; if possession occurred but not payment, deposit in Court can satisfy payment requirement; thus, outcomes hinge on factual proof of possession and payment - [Sources: multiple: "J. B. M. Builders Private Limited VS Union of India - 2015 0 Supreme(Del) 1134", "RAM CHANDER VS UNION OF INDIA - 2015 0 Supreme(Del) 1666"] "Impact on rehabilitation and entitlement" - 2013 Act emphasizes rehabilitation; where lapse occurs, courts direct initiation of fresh proceedings to ensure compensation and rehabilitation; in certain cases, direct payment or reconveyance pursued under other statutes - [Sources: "01100062309", "Rajan VS Government of Tamil Nadu - 2014 0 Supreme(Mad) 937"] "Key procedural takeaway" - For Section 24(2) claims, petitioners must show (i) award made more than five years prior, (ii) non-tendered compensation or non-taken possession; (iii) appropriate government action to initiate fresh proceedings under RFCTLARR Act; courts may grant relief within a set timeframe - [Sources: "Delhi Development Authority VS Dharampal - 2016 0 Supreme(SC) 1273", "MAHESH CHAND VS LAND ACQUISITION COLLECTOR - 2017 0 Supreme(Del) 2948"] "Policy note" - The corpus of cited cases collectively underscores the primacy of the RFCTLARR Act 2013 framework for land acquisition disputes, ensuring fair compensation and timely rehabilitation, while acknowledging the transitional complexities with older Acts and specialized state Acts - [Sources: overall set including "E. Sambandam VS District Collector, Kancheepuram District - 2018 0 Supreme(Mad) 4095", "Venkatesan VS State of Tamil Nadu, Rep. by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 2015 0 Supreme(Mad) 582"] "Overall conclusion on Section 81 and Section 81/24(2) interplay" - Section 81 provides a targeted relief mechanism for reassessment in temporary acquisitions, while Section 24(2) governs lapse and fresh proceedings; the two provisions operate complementarily to protect affected landowners in India’s evolving land acquisition landscape - [Sources: "Public and Panchayats of North Sikkim VS Chief Engineer, Project Swastik, Gangtok - 2014 0 Supreme(Sikk) 48", "GOVT. OF NCT OF DELHI VS JAGJIT SINGH - 2015 0 Supreme(SC) 168"]
(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
(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:-- Legal Comments "Section 60" - Authority powers and applicability under RFCTLARR Act, 2013 - The material indicates that Section 60 concerns the Powers of Authority and procedure before it, including its role in enforcing awards and related execution matters; however, the cited batch shows discussion around attachment of salary and CPC procedures rather than a direct exposition of Section 60's text. "Section 60" - Execution/salary attachment mechanism challenged - A Patna High Court matter notes that attaching salary of a public officer to enforce compensation awarded under RFCTLARR is not supported by the Act’s underlying provisions; the Court modified such an order, emphasizing State liability for payment, not personal liability of the petitioner. [["Tauqueer Akram VS State of Bihar - 2017 0 Supreme(Pat) 1614"]] "Section 60" - Relationship to CPC Order 21 Rule 48 - In the same Patna matter, the court refrained from endorsing an attachment mechanism that runs afoul of Order 21 Rule 48 CPC, clarifying that execution should align with RFCTLARR provisions rather than general civil procedure rules. [["Tauqueer Akram VS State of Bihar - 2017 0 Supreme(Pat) 1614"]] "Section 60" - Administrative adequacy and accountability - Decisions repeatedly stress that misuse or overreach in execution (such as salary attachment) reflects administrative laxity; courts advocate accountability for officials, especially where public funds and large compensation are involved. [["C. Lajith, S/o. C. Vijayan VS State Of Kerala - 2024 0 Supreme(Ker) 9"]] "Section 60" - Interaction with other sections - The sources show Section 60's execution context intersecting with Section 51 (Acquisition of land) and CPC, but there is no direct textual exposition available in the provided sources linking all facets; the commentary relies on cases where execution and attachment issues arose in Section 60 contexts. [["Tauqueer Akram VS State of Bihar - 2017 0 Supreme(Pat) 1614"]] "Scope of Section" - Scope limited to execution of awards against state/authorities - The jurisprudence indicates Section 60 empowers an Authority to enforce awards, but actual enforcement remains tethered to RFCTLARR's scheme of compensation payment by the State, not personal liability of officers. [ ["Tauqueer Akram VS State of Bihar - 2017 0 Supreme(Pat) 1614"] ] "Punishment for Section" - Not applicable per se - No criminal sanction is described in the provided notes for violations of Section 60; the focus is on civil enforcement and institutional accountability rather than criminal penalties. [ ["Tauqueer Akram VS State of Bihar - 2017 0 Supreme(Pat) 1614"] ] "Introduction to Section 60" - Context within RFCTLARR 2013 framework - The RFCTLARR Act creates a structured framework for compensation, rehabilitation, and resettlement; Section 60 sits within the enforcement apparatus (the Authority) that ensures compliance with awards, subject to procedural safeguards and limitations highlighted in the case law. [ ] "Essential ingredients" - State liability for payment of compensation - The cited authorities consistently emphasize that the State bears the liability for paying compensation; execution against an individual officer is generally not permissible as personal liability under Section 60, reinforcing the State’s duty to disburse. [ ["Tauqueer Akram VS State of Bihar - 2017 0 Supreme(Pat) 1614"] ] "Essential ingredients" - Due process and statutory compliance in execution - The cases stress adherence to statutory procedures and due process; improper attachment of salaries or non-compliant execution methods must be corrected to align with RFCTLARR and related statutes. [ ["Tauqueer Akram VS State of Bihar - 2017 0 Supreme(Pat) 1614"] ] "Essential ingredients" - Interaction with Limitation/Delay principles - Several judgments discuss Section 24 (lapse) and delays affecting compensation, which interacts indirectly with Section 60 executions when determining timely payment and enforcement, although Section 60 itself is not about limitation. [ ["Indore Development Authority VS Shailendra (Dead) Through LRs. - 2018 0 Supreme(SC) 123"] , ["ALEP KAUR VS GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI - 2017 0 Supreme(Del) 1250"] ] "Scope of Section" - Application to National Highways and other special Acts - Several judgments discuss applicability of RFCTLARR to lands acquired under other frameworks (e.g., National Highways Act, KIADB) and the removal of difficulties; while not all directly about Section 60, these decisions frame the enforceability environment within which Section 60 operates. [ ["A. Muthuramalingam VS Project Director, Tanjore - 2019 0 Supreme(Mad) 1872"], ["Arun Kumar VS State of Karnataka - 2022 0 Supreme(Kar) 1537"] ] "Punishment for Section" - No express penal sanction in cited material - The materials do not describe specific penalties under Section 60; sanctions or penalties would typically arise from violations of statutory duties by officials, potentially in other contexts (not explicit in the provided sources). [ ["Tauqueer Akram VS State of Bihar - 2017 0 Supreme(Pat) 1614"] ] "Judicial stance" - Accountability and good governance emphasis - Courts repeatedly underscore accountability of state machinery in execution of awards, warning against collusion or carelessness; this underpins Section 60’s enforcement function by ensuring proper administration. [ ["C. Lajith, S/o. C. Vijayan VS State Of Kerala - 2024 0 Supreme(Ker) 9"] ] "Practical guidance" - For practitioners, focus on proper defendant and proper mode of execution - Given the tendency to contest salary attachment, practitioners should ensure that execution follows RFCTLARR provisions and avoids personal liability routes, pursuing state payment and appropriate statutory channels. [ ["Tauqueer Akram VS State of Bihar - 2017 0 Supreme(Pat) 1614"] ] "Relation to other Acts" - Interplay with Land Acquisition Act and 2013 Act - Several entries discuss interplay between 1894 Act/other Acts and RFCTLARR 2013; while Section 60 is an enforcement mechanism, its interpretation often requires aligning with how compensation and possession are processed under 2013 Act. [ ["DELHI DEVELOPMENT AUTHORITY VS SUKHBIR SINGH - 2016 7 Supreme 7"] , ["E. Ramachandran VS Secretary to Government, Government of Tamil Nadu, Chennai - 2014 0 Supreme(Mad) 3974"] ] "Policy implication" - Ensuring timely payment to avoid lapsed proceedings - The jurisprudence on lapses (Section 24) underscores the policy aim: timely payment and possession to prevent lapse; Section 60 enforcement supports achieving that objective by ensuring awards are honored promptly. [ ["NIRLEP KAUR VS GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI - 2017 0 Supreme(Del) 1255"] , ["Basanti Sen VS State of West Bengal - 2023 0 Supreme(Cal) 978"] ] "Format note" - Citations and square-bracket references - The bullet points above reference the sources in square brackets, as requested, to accompany each summarized point. [See individual bullet lines pointing to sources above] "Overall takeaway" - Section 60 supports enforcement by the Authority, but execution must adhere to RFCTLARR’s structure, with state liability for compensation and careful procedural compliance to avoid personal liability and preserve due process. [["Tauqueer Akram VS State of Bihar - 2017 0 Supreme(Pat) 1614"]]
(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;
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