AI Overview...
Section 63 RFCTLARR
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Legal Framework & Amendments
The RFCTLARR Act, 2013, consolidates land acquisition laws, emphasizing fair compensation, transparency, and rehabilitation. Notably, Sections 26-28 specify criteria for determining just compensation based on market value, with provisions for comparable sale exemplars and deductions for smaller plots (INDMAD00000383162, IND_HC_KLHC010558012020). The Act also introduces the concept of 'persons interested' and mandates procedures for land acquisition, including notices and hearings (02100140802, 00400055242). -
Procedural Aspects & Legal Principles
Proceedings under RFCTLARR require adherence to specific steps, such as initiating acquisition properly, issuing notices under Sections 9(3) and 4, and following the schedule for compensation determination. The Act's provisions are to be applied in conjunction with relevant statutes like the National Highways Act, 1956, ensuring procedural consistency (01400032681, IND_HC_KLHC010558012020). Amendments and notifications under Sections 105 and 113 of the 2013 Act enable the removal of difficulties and ensure beneficial provisions are applied (02100156217). -
Judicial Interpretations & Challenges
Courts have emphasized the importance of following due process, especially regarding fair compensation and rehabilitation. For example, proceedings initiated without proper adherence to RFCTLARR provisions are deemed invalid, and the Act's protections are to be strictly observed, including the right to solatium and additional compensation (00800052439, 01300042522). Challenges often involve valuation disputes, such as using comparable sales or addressing arbitrary or illegal acquisition actions (02100156217, 00400055170). -
Specific Case Applications
Cases involving highway projects, pipeline acquisitions, or other infrastructure developments highlight the application of RFCTLARR provisions, especially regarding market value assessment, notices to interested parties, and proper procedural compliance (00200050615, IND_HC_KLHC010558012020). The Act's provisions are designed to ensure transparency and fairness, with courts scrutinizing whether procedures and compensation calculations meet statutory standards.
Analysis and Conclusion
Section 63 of RFCTLARR relates to the overarching legal principles and procedural safeguards under the Act, emphasizing fair valuation, proper initiation of proceedings, and adherence to statutory mandates. The Act's comprehensive framework aims to protect landowners' rights, ensure just compensation, and promote transparency, with judicial bodies actively enforcing these provisions to prevent arbitrary or illegal land acquisition practices.
References:
- J. Deepak VS Secretary to Government, Government of Tamil Nadu, Tamil Nadu Development and Information Department, Chennai - Madras, Mehtab Laiq Ahmed Shaikh of Mumbai VS State of Maharashtra Through its Principal Secretary to the Urban Development Department - Bombay, KESAVAN.G vs The Union of India - Madras, Kesiraju Seetharamaiah VS Union of India - Andhra Pradesh, National Highways Authority of India (herein after referred as N. H. A. I. ) through its Project Director, (the competent authority on behalf of ‘N. H. A. I. ’), Project Implementation Unit (herein after referred as ‘P. I. U. ’) Patna, House No. D-63, Rajesh Kumar Path, Sri Krishnapuri, Patna VS The State of Bihar through District Land Acquisition Officer, Patna - Patna, Harish Ali Barbhuiya, S/o Lt. Nenu Mia Laskar VS State of Assam, Represented by its Commissioner and Secretary To The Government of Assam - Gauhati, TRIVEDI JANARDAN GHANSHYAMBHAI V/s COMPETENT AUTHORITY - Gujarat, K.Saravanan vs The Special District Revenue Officer (Land Acquisition), Chennai – Kanyakumari Industrial Corridor Project, Kumbakonam. - Madras, K.P.ASMA Vs THE SPECIAL TAHSILDAR - Kerala, City & Industrial Development Corporation VS State of Maharashtra - Bombay
Search Results for "Section 63 Rfctlarr"
2021 0 Supreme(Mad) 2458 • India - Madras
N. SESHASAYEE
Constitution of India, 1950 - Article 226 - Right to Fair Compensation – Section 64 - RFCTLARR Act - Sections ... 2 of RFCTLARR Act - While so, without waiting for orders, Land Acquisition Officer had issued a public declaration under Section ... 19 of RFCTLARR Act. ... They only fall under the category of ‘persons interested’ within the meaning of Section 3(x) of the RFCTLARR Act. That a memorial will fall within the inclusive definition of “public ....
2017 0 Supreme(Bom) 1627 • India - Bombay
MANJULA CHELLUR, N.M.JAMDAR, G.S.KULKARNI
24(2)-Land Acquisition Act, 1894, Section 4-Maharashtra Regional and Town Planning Act, 1966, Section 125-Phrase ... -Acquisition proceedings initiated in terms of Sections 125 to 127 of MRTP Act not attract Section 24(2) of Right to Fair Compensation ... -Word "initiated" used in Section 24(2) of Act not means mere presentation but consciously putting process in motion. ... Section 11 of RFCTLARR Act is relatable to Section 4 of the L.A. Act. #HL_ST....
2025 Supreme(Online)(Mad) 30991 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE R.SURESH KUMAR
and Resettlement Act, 2013 - Section 105(1) and 113(1) - Writ petitions challenging notifications for land acquisition under the ... (Paras 61, 62) ... ... (B) Legal Principle - The power to remove difficulties under Section 113 ... the 2013 Act can be invoked to ensure that beneficial provisions are applied to land acquisitions, even if a notification under Section ... Subsequently, the RFCTLARR (Amendment) Ordinance, 2015 (4 of 2015) was promulgated on 03.04.2015 to give continuity to the provisions of RFCT....
2019 0 Supreme(AP) 210 • India - Andhra Pradesh
C.PRAVEEN KUMAR, M.SATYANARAYANA MURTHY
realigned portion of National Highway 16 SH107 (EGK) on the stretch of land from Kms. 15.700 to Kms. 81.400 from Gundugolanu-Kowuru Section ... Act 2013), as illegal arbitrary, in violation of the National Highways Act, 1956, the RFCTLARR Act, 2013 in violation of Articles ... market value as per the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR ... value as per the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (#HL_....
2023 0 Supreme(Pat) 13 • India - Patna
RAJEEV RANJAN PRASAD
Arbitration and Conciliation Act, 1996 – Section 34 – National Highways Act, 1956 – Section 3-G(5) – Setting ... order of Additional District and Sessions Judge in so far as to direct setting aside of impugned award – In an application under Section ... and 28 of RFCTLARR Act, 2013. ... 26 to 28 of RFCTLARR Act will be relevant. ... However, in the process of determination of just and fair compensation, the provisions in Section 26 to 28 of RFCTLARR Act, 2013 will be ....
2023 0 Supreme(Gau) 512 • India - Gauhati
MANISH CHOUDHURY
Land Acquisition Act, 1894 - Section 4, 6, 17[4] - Right to Fair Compensation and Transparency in Land Acquisition ... Case has already been lapsed due to non-deposit of fund by Indian Army and since RFCTLARR Act, 2013 has come into force, proceedings ... for acquisition of land, if any, are to be initiated denovoas per extant RFCTLARR Act, 2013 - There is no cause of action for petitioner ... The said Notification under Section 4 was issued in exercise of the power under Section 17[4] of the L.A. Act, ....
2025 Supreme(Online)(Guj) 8169 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SA,CJ,DNR
denied solatium and additional compensation at 12% - Petitioners challenge validity and legality of award; Notifications under RFCTLARR ... (A) Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 - Section 10; Right to Fair Compensation and ... Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 30 and 26 - Writ petitions for land acquisition ... Referring to Section 105 of the RFCTLARR Act, 2013, it was argued by Mr. ... , the notificatio....
2025 Supreme(Online)(Mad) 55730 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
Section 26 (1) of the RFCTLARR Act, 2013. Section 26 (1) of the RFCTLARR Act, 2013? (2) Whether there are valid and comparable sale exemplars available within the meaning of Section 26 of the RFCTLARR Act, 2013, to rely upon sale instances of small-sized housing plots from neighbouring villages, provided appropriate deductions are made to account for the smaller extent and nature of the plots.
2020 Supreme(Online)(KER) 40450 • India - High Court of Kerala
ANIL K. NARENDRAN, J
Compensation - Land Acquisition - National Highways Act, 1956 (Section 3H) and RFCTLARR Act, 2013 (First Schedule) - The court ... Further, in this LA case, all proceedings except determination of compensations which is done as per provisions in the FIRST schedule of the RFCTLARR Act 2013, are to be carried out as per provisions contained in sections in NH Act 1956. 6. ... Moreover it is submitted that all proceedings except determination of compensations which is done as per provisions in the FIRST schedule of the #HL_S....
2017 0 Supreme(Bom) 1684 • India - Bombay
R.D.DHANUKA, SUNIL K.KOTWAL
Fact of the Case: The petitioner, a Special Planning Authority, initiated land acquisition proceedings under Section ... The Land Acquisition Officer issued notices under Section 9(3)(4) of the Land Acquisition Act, 1894 to all the interested persons ... The respondent No.7 then filed an application before the learned Minister for Revenue and Forests under section 48 of the Land Acquisition ... A reference is also made to Section 4 of the Notification in the proviso to Section 24(2) of the said #HL_ST....
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