Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Main Provisions of the 2013 Act - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) emphasizes fair compensation, transparency, and rehabilitation for landowners affected by land acquisition. It specifies compensation calculation based on Schedule I, rehabilitation under Schedule II, and incorporates provisions for infrastructure and resettlement. The Act came into force from January 1, 2014, replacing earlier laws like the Land Acquisition Act of 1894 ["2026 Supreme(Online)(Ker) 7527"].
Amendments and Notifications - The Central Government issued the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Removal of Difficulties) Order, 2015, to address implementation issues. This order aimed to clarify provisions and facilitate smooth application of the Act, especially concerning compensation and rehabilitation ["2024 0 Supreme(Chh) 683"]. Additionally, amendments like the Tamil Nadu Amendment Bill 2013 and various state rules (e.g., Telangana Rules 2014) have been enacted, but their applicability varies depending on the region and specific land acquisition cases ["2018 0 Supreme(Mad) 1150"].
Application and Judicial Interpretation - Courts have consistently held that the provisions of the 2013 Act override previous laws, such as the Land Acquisition Act of 1894, especially after the Act's commencement. For instance, awards made prior to the 2013 Act are subject to re-evaluation under its provisions, and courts have directed authorities to initiate fresh proceedings where necessary ["2024 0 Supreme(Gau) 316"], ["2025 0 Supreme(Jhk) 583"]. Several judgments emphasize that compensation should be determined as per the 2013 Act, including solatium and interest, and that delays or procedural lapses require re-assessment of compensation ["2026 Supreme(Online)(Mad) 4340"].
Land Acquisition under Other Laws - The 2013 Act's applicability is sometimes contested in cases under regional laws like the Tamil Nadu Highways Act or the Coal Bearing Areas Act. Courts have clarified that once the 2013 Act is in force, it generally takes precedence, rendering previous or regional statutes inoperative for land acquisition cases, unless explicitly exempted ["2018 0 Supreme(Mad) 1150"].
Implementation Challenges and Landowners' Rights - Several cases highlight issues such as non-fixed compensation, delays, or procedural violations. Courts have directed authorities to comply strictly with the 2013 Act’s provisions, including initiating fresh proceedings and ensuring fair valuation ["2023 Supreme(Online)(KAR) 2084"]. The Act also provides for the rights of landowners to challenge awards under Section 64 and to seek re-assessment if they believe the compensation is inadequate or improperly determined ["2023 0 Supreme(All) 1579"].
Conclusion - The 2013 Act is the comprehensive legal framework governing land acquisition, emphasizing fair compensation, transparency, and rehabilitation. Amendments and notifications aim to address implementation issues, but courts have reinforced that all land acquisition cases post-enactment must adhere to its provisions. For the latest or amended version, one must refer to the official Gazette notifications, amendments, and state-specific rules, as the Act itself has undergone various updates to address practical challenges ["2026 Supreme(Online)(Ker) 7527"].
Note: Since the user requested an amended copy, it is recommended to consult the official government gazette or legal repositories for the most current and authoritative version of the Act, including all amendments and notifications issued after 2013.
Land acquisition in India has long been a contentious issue, balancing development needs with fair treatment for landowners. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (commonly called LARR Act 2013 or RFCTLARR Act) replaced the colonial-era Land Acquisition Act, 1894, introducing higher compensation, rehabilitation, and transparency. But what if you're searching for the amended copy and can't find it?
A common query arises: The Bare Act Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 not available. I need the amended copy of the same. This post explores why the full amended text isn't always readily available in judgments or summaries, highlights crucial judicial interpretations—especially of Section 24—and guides you to official sources. Note: This is general information, not legal advice. Consult a qualified lawyer for your specific situation.
Enacted on September 26, 2013, the LARR Act 2013 mandates fair market value-based compensation (up to four times in rural areas), comprehensive rehabilitation, and resettlement for affected families. It applies to government acquisitions for public purposes and includes safeguards like social impact assessments.
Amendments, such as those proposed in 2015 (though not fully passed), aimed to expedite processes for infrastructure projects. However, the original or amended full text is rarely reproduced in court judgments, which focus on interpretations instead. Judicial documents provide summaries and rulings but not the statutory Bare Act itself. 2020 5 Supreme 194
Key components include:- Acquisition procedures (Sections 4-30)- Compensation framework (First Schedule)- Rehabilitation and resettlement (Second and Third Schedules)- Transitional provisions (Section 24)
Understanding amendments is vital for landowners, developers, and lawyers dealing with ongoing cases.
Court rulings extensively analyze the Act without providing its complete text. For instance, the main legal finding is that references contain interpretative judgments on provisions like Section 24, but not the amended Act itself. 2020 5 Supreme 194 2014 0 Supreme(SC) 883
Section 24 addresses pre-2013 acquisitions:- Section 24(1): Awards not made lapse; new Act applies.- Section 24(2): If award made five+ years prior, compensation not paid, and possession not taken, proceedings lapse.
Courts have clarified:- The provisions of section 24 of the Act of 2013, do not revive barred or stale claims... 2014 0 Supreme(SC) 883- The word ‘paid’ in Section 24(2) means ‘tender of payment’ as in Section 31(1) of the 1894 Act. 2014 1 Supreme 508- Periods under stay orders are excluded from the five-year limit. 2016 0 Supreme(SC) 799 2014 7 Supreme 165
In one case, acquisition lapsed as the award pertaining to the subject property has been made more than five years prior to the commencement of the new Act... compensation also has neither been paid... nor possession taken. 2021 0 Supreme(Mad) 3125
Judgments emphasize: Compensation must be tendered, not just deposited, to avoid lapsing. 2014 1 Supreme 508 2018 0 Supreme(SC) 123
These rulings underscore judicial scrutiny but confirm no full amended text in documents.
The LARR Act 2013 extends to 13 enactments via Section 105, including the National Highways Act, 1956.
Roshanbi Aziz Motiwala Through POA Mr. Iliyas Aziz Motiwala VS Union of India
Roshanbi Aziz Motiwala Through POA Mr. Iliyas Aziz Motiwala VS Union of India
Section 64 (Reference to Authority) ensures proper compensation assessment: Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed... 2025 0 Supreme(Pat) 703
Section 101 allows land reversion if unused: Under Section 101 of the Act, power is given to the Government... for reversion of lands... State rules like Telangana's G.O.Ms.No.50 (2014) implement this. 2025 Supreme(Online)(Tel) 57990 2025 Supreme(Online)(Tel) 57989 2025 Supreme(Online)(Tel) 57997
In urgency cases under the old Act, new procedures may not apply if possession taken pre-2013: This appellant is not required to follow the new procedure... 2019 0 Supreme(Jhk) 37
Notifications under Section 105(3), like SO No. 2368 (2015), extend benefits without discrimination. Striking them down would defeat uniformity. 2019 0 Supreme(Mad) 1986
Challenges include delays, urgency invocations, and classification disputes (e.g., agricultural vs. residential). 2025 0 Supreme(Pat) 703
The provided references don't include the legislative text. To get the official amended version:- Gazette of India: Search notifications for amendments.- Legislative Department, India Code: Official repository (indiacode.nic.in).- Ministry of Law and Justice: Latest consolidations.- State Gazettes: For rules like Telangana's G.O.Ms.No.50.
Always use Bare Acts from government sites for accuracy. Private summaries risk errors.
While judicial interpretations enrich understanding—especially Section 24's lapsing rules and extensions to highways—the full amended LARR Act 2013 text requires official sources. Key points:- No revival of stale claims under Section 24. 2014 0 Supreme(SC) 883- Tender, not just deposit, counts as 'paid'. 2014 1 Supreme 508- Apply to facts: Rehabilitation can't be mechanically denied.
Roshanbi Aziz Motiwala Through POA Mr. Iliyas Aziz Motiwala VS Union of India
- Reversion rights under Section 101. 2025 Supreme(Online)(Tel) 57990Landowners should verify entitlements case-by-case. Developments like 2015 notifications enhance uniformity, but consult professionals. This Act promotes fairness, but navigation demands vigilance.
Disclaimer: This post summarizes public judgments and general knowledge. Laws evolve; seek expert advice for disputes. Stay informed via official channels.
#LARRAct2013, #LandAcquisition, #IndianLandLaw
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 reads as under:- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . The c....
received bythe land owners for the land acquired under the Right of Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLAAR Act) Reg. ... received bythe land owners for the land acquired under the Right of Fair Compensation ....
This is a batch of Writ Petitions that involve a singular and common question of law – whether, and how, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“2013 Act”) would apply to determination of compensation, provision ... Before delving into the contents of 2017 Notification, it....
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013 or to pass...” ... When the matter is taken up for hearing, learned counsel for the petitioner has submitted that this Court, in similar situations, considering the compensation to be paid in terms of the Right to Fair Compensation and #H....
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013 or to pass...” ... When the matter is taken up for hearing, learned counsel for the petitioner has submitted that this Court, in similar situations, considering the compensation to be paid in terms of the Right to Fair Compensation and #H....
S.O. 2368(E) - Whereas, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) (hereinafter referred to as the RFCTLARR Act) came into effect from 1st January, 2014. ... The provisions of the Right to Fair Compensation and Transparency in #H....
It is provided in Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 :- "64. Reference to Authority. ... The case of the petitioner in brief is that a notice under Section 11(1) of The Right to Fair Compensation and Transparency in Land Acquisi....
Meanwhile, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force and under Section 101 of the Act, power is given to the Government and also rights are created in the original owners of the lands for reversion of lands in case the ... Thereafter State Government had framed rules vide G.O.Ms.No.50 dated 19.12.2014 i.e., Telangana....
Meanwhile, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force and under Section 101 of the Act, power is given to the Government and also rights are created in the original owners of the lands for reversion of lands in case the ... Thereafter State Government had framed rules vide G.O.Ms.No.50 dated 19.12.2014 i.e., Telangana....
Meanwhile, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force and under Section 101 of the Act, power is given to the Government and also rights are created in the original owners of the lands for reversion of lands in case the ... Thereafter State Government had framed rules vide G.O.Ms.No.50 dated 19.12.2014 i.e., Telangana....
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. As per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the award pertaining to the subject property has been made more than five years prior to the commencement of the new Act i.e. Therefore, the entire acquisition proceedings have lapsed as per Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Therefore, acquisition proceedings cannot be vitiated on the ground of lapses as contemplated under Section 24 (2) of the new Act i.e. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Even the subsequent purchasers cannot be said to be land owners entitled to registration of land and cannot be termed to be affected persons within the provisions of the new Act i.e. It is not open to them to claim that the proceedings have lapsed under Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisitio....
One can note that it has four components namely, acquisition, compensation, rehabilitation and resettlement. The aforesaid conclusion is fortified by a reading of the title of the Act. Central Act 30 of 2013 bears the following title: "THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (30 of 2013)"
Thus, this appellant is not required to follow the new procedure for the land acquisition under Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 nor the respondent is entitled to get any compensation under new Act, namely Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. This Letters Patent Appeal is allowed and disposed of. We therefore, quash and set aside the judgment and order delivered by the learned Single Judge in Civil Review No.95 of 2012 dated 18th Jun....
• Subsequently, the Land Acquisition Authority issued a Notice dated 28.4.2014 under Sections 9(3) & 10 of the Land Acquisition Act, 1894 requiring the Petitioners to participate in an Enquiry for quantifying the Compensation payable and for passing the Award. By then, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act, In other words, Notices under Sections 9(3) & 9(4) of Land Acquisition Act, 1894, were issued after the repeal of the very Act under which Notices were issued. • 30/2013) (henceforth wi....
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