AI Overview...
Section 64 Provision for Adequate Compensation
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Section 64(1) and (2) of the Act:
Section 64(1) pertains to the process of referencing disputes regarding compensation to the appropriate authority. The provision emphasizes that applications for reference under Section 64 can be considered even after the six-week period post-award if sufficient reasons are provided, ensuring fairness and flexibility in compensation claims. ROSLIN JOHN vs STATE OF KERALA - Kerala, Pranesh Kumar Sinha VS State of Jharkhand - Jharkhand, Sreedharan VS District Collector, Malappuram - Kerala -
Adequacy of Compensation:
Several sources highlight concerns about whether compensation provided under the Act is adequate. Courts have emphasized the importance of fair and just compensation, with references to the provisions under Sections 15, 28, and 64, which aim to ensure transparency and fairness in land acquisition. The Act seeks to address grievances related to inadequate compensation, allowing affected persons to seek legal remedies. Daplin Umsong VS State of Meghalaya - Meghalaya, Kishun Maht vs State of Jharkhand, through its Secretary, Department of Land and Revenue, Ranchi - Jharkhand, Pranesh Kumar Sinha VS State of Jharkhand - Jharkhand -
Legal Remedies and Court Findings:
Courts have noted that objections must be properly framed to invoke Section 64 effectively. The Act provides mechanisms for landowners to challenge and seek appropriate compensation, with courts emphasizing the need for proper hearing and timely reference to authorities. The provisions also safeguard the rights of interested persons to claim fair compensation even beyond initial deadlines if justified. INDINDOR00000017965, Kishun Maht vs State of Jharkhand, through its Secretary, Department of Land and Revenue, Ranchi - Jharkhand -
Principles of Public Purpose and Compensation Calculation:
The law recognizes that land acquisition must serve a public purpose, but it also mandates that compensation be just and adequate. Principles for calculating fair compensation are embedded within the Act, ensuring that landowners are not deprived without proper remuneration. Elgin Properties VS State of West Bengal - Calcutta, Pranesh Kumar Sinha VS State of Jharkhand - Jharkhand -
Implementation and Challenges:
The implementation of Section 64 involves timely references to authorities and proper application by affected persons. Courts have directed authorities to process claims diligently, emphasizing that divesting individuals of property without adequate compensation violates constitutional rights. Bharat Chutia VS Alok Kumar - Gauhati, Jalilur Rahman VS State of Assam - Gauhati -
Additional Context:
The provisions under the 2013 Act, especially Section 64, are part of broader reforms aimed at transparency, fair valuation, and timely resolution of disputes related to land acquisition, aligning with constitutional mandates for just compensation. Wahidi Begum VS Union Of India - Punjab and Haryana
Analysis and Conclusion
Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, provides a crucial legal framework for ensuring that compensation disputes are addressed fairly and justly. It allows for applications to be considered beyond strict deadlines if justified, emphasizing the importance of adequate compensation. Courts have underscored the need for transparency, proper hearing, and timely processing to uphold constitutional rights. Overall, Section 64 aims to balance public purpose with individual rights, ensuring that landowners receive fair remuneration and legal remedies are accessible when compensation is deemed inadequate.
References: - Kalyani Pradhan vs State of Odisha - Orissa - Daplin Umsong VS State of Meghalaya - Meghalaya - Kishun Maht vs State of Jharkhand, through its Secretary, Department of Land and Revenue, Ranchi - Jharkhand - ROSLIN JOHN vs STATE OF KERALA - Kerala - Elgin Properties VS State of West Bengal - Calcutta - Pranesh Kumar Sinha VS State of Jharkhand - Jharkhand - Sreedharan VS District Collector, Malappuram - Kerala - Bharat Chutia VS Alok Kumar - Gauhati - Jalilur Rahman VS State of Assam - Gauhati - Wahidi Begum VS Union Of India - Punjab and Haryana
Search Results for "Section 64 Provision for Adequate Compensation"
2025 Supreme(Online)(Ori) 2679 • India - Orissa High Court
Justice K.R. Mohapatra, Justice Savitri Ratho, JJ
Section 64 (1) of the Act should have been condoned. He draws attention to the provision under Section 64 (2) of the Act, which reads as under; Section 64 (1) of the Act.
2016 0 Supreme(Megh) 92 • India - Meghalaya
S.R.SEN
However, it was questioned whether the compensation was adequate, leading to an analysis of the provisions under the new Act, including ... Section 15, Section 28, Section 51, and Section 64. ... , 2013 - Section 15, Section 28, Section 51, Section 64 Fact of the Case: The petitioner, a Khasi Woman and Agriculturist ... Section 15 provides the....
2025 0 Supreme(Jhk) 147 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
... ... Findings of Court: ... The petitioners' objection was not appropriately framed to invoke Section 64, and they have adequate ... (A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 64 and ... legal remedies under the Act for compensation claims. ... 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement....
2023 Supreme(Online)(KER) 6473 • India - High Court of Kerala
GOPINATH P, J
Land Acquisition - Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act - Section ... the Act, which were deemed filed beyond the six-week period post-award without adequate hearing. ... 64 - The court found that applications for reference under Section 64 can be considered even after six weeks if sufficient reasons ... Learned counsel appearing for the petitioners refers to the provisions of Section #HL....
1980 0 Supreme(Cal) 229 • India - Calcutta
BIMAL CHANDRA BASAK
of workers of a private company was a valid exercise of power under the West Bengal Premises Requisition and Control (Temporary Provisions ... It was observed that the word ‘public’ connotes the general public as well as a section of the public and a purpose may be a public purpose even though the purpose does not benefit all the members of the public but only a section of it. ... Certain principles of policy to be followed by the State. – The State shall, in particular, direct its policy towards securing – ... (a) that the citizens, men....
2020 0 Supreme(Jhk) 605 • India - Jharkhand
RAJESH SHANKAR
fixed for calculating adequate compensation - Section 64 of Act explicitly provides that if any person interested who has not accepted ... – Sections 30 and 64 - Ascertain appropriate compensation of land - Fair Price – Death - Objection Regarding Payment Of Lesser Compensation ... Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ... On the other hand, the respondents claim t....
2020 0 Supreme(Ker) 658 • India - Kerala
ANIL K.NARENDRAN
11(1) notification issued under the provisions- Awarding compensation to the petitioners-Received the amount of compensation under ... (2) of Section 64. ... (2) of Section 64. ... Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act deals with reference to Authority. ... JUDGMENT : The properties owned by the petitioners were acquired for the const....
2019 0 Supreme(Gau) 1021 • India - Gauhati
UJJAL BHUYAN
Rehabilitation and Resettlement Act, 2013 – Section 3 51 52 64 80 – Contempt – Adequate Compensation for Land Acquisition – This ... of the 2013 Act, it is hereby directed that petitioner shall submit application before the Deputy Commissioner, under Section 64 ... days, Deputy Commissioner, shall make the reference to the Authority in terms of Section 64 within 30 days thereafter – On such ... Thus divesting an individual of his property without #HL....
2011 0 Supreme(Gau) 1014 • India - Gauhati
A.K.GOEL, C.R.SARMA
code - 1860 - Sections 299,300,447,302, & 34 - Arms Act - 1959 Section 27 - Investigation – Jurisdiction - Informant who is son ... Constitution of India – 1950 - Article 21 – Criminal Procedure Code - 1973 – section 357&313 – Indian penal ... assistance rehabilitation of victim or his her dependents in appropriate case and for proper implementation scheme provided by Section ... In view of the above, there is no difficulty in understanding that it is the mandatory requirement of the statutory provisions#HL_EN....
1980 0 Supreme(P&H) 206 • India - Punjab and Haryana
S.S.SANDHAWALIA, PREM CHAND JAIN, D.S.TEWATIA
CONSTITUTION OF INDIA - ARTICLE 226 - WRIT PETITION - ABATEMENT - REMEDY UNDER SECTION 33 OF THE DISPLACED PERSONS (COMPENSATION ... Finding of the Court: The Court held that the remedy provided under Section 33 of the Displaced Persons (Compensation ... Persons (Compensation and Rehabilitation) Act, 1954. ... Union of India (1962) 64 Pun LR 44, wherein it has been observed thus :- ... "It is, however, quite clear that the provisions of Section 33....
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