LAND LAWS

CHAPTER VII - XIII OF RIGHT TO FAIR

COMPENSATION AND TRANSPARENCY IN
LAND ACQUISITION, REHABILITATION
AND RESETTLEMENT ACT, 2013
Submitted By-

Name: MOHD WASIF

Student ID: 20168557

Roll No. 35

B.A.LL.B (Hons.) 9th semester (Regular)

Faculty Of Law, Jamia Millia Islamia

Submitted To: Prof. KAHKASHAN Y. DANYAL (Faculty Of Law, Jamia Millia Islamia, New
Delhi)
 ACKNOWLEDGEMENT

First of all, I would like thanks my subject teacher Prof. Kahkashan Y. Danyal for giving
me such an assignment to prepare which I found very interesting and helped me to know
various law and the prevailing situation in our country related to land laws. I would also
like to thank my family and friends who helped a lot in completing this assignment.

THANKING YOU

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 INDEX

Page No.

 INTRODUCTION…………………………………………………………………4

 NATIONAL MONITORING COMMITTEE FOR REHABILITATION AND

RESETTLEMENT…………………………………………………………………7

 ESTABLISHMENT OF LAND ACQUISITION, REHABILITATION AND

RESETTLEMENT AUTHORITY……………………………………………….11

 APPORTIONMENT OF COMPENSATION……………………………………23

 PAYMENT………………………………………………………………............24

 TEMPORARY OCCUPATION OF LAND……………………………..............28

 OFFENCES AND PENALTIES…………………………………………...…….31

 MISCELLANEOUS……………………………………………………………...34

 CONCLUSION……………………………………………………….................38

 BIBLIOGRAPHY……………………………………………………………..…38

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 INTRODUCTION

In India, the Land Acquisition Act 1894 had served as the basis for all government acquisition of
land for public purposes. The first land acquisition law was enacted during the British Raj in
1824, which underwent several modifications and was finally replaced by the land acquisition
act, 1894. The Government of India in 1947 adopted the land acquisition act 1894. In
Constitution of India, Acquisition and requisitioning of property is placed in Entry 42 in the
Concurrent List. This meant that both the Centre and States could make laws governing land
acquisition. However, when there is a conflict between the central and state law, the central
legislation would prevail. The Act has been reviewed by various committees appointed by the
Government of India. In 1967, a committee was appointed by the Government of India to study,
consult and recommend principles to amend the land acquisition 1894 Act. As a result of such
reviews, the land acquisition act 1894 was amended 17 times, after independence in 1947 by
various elected governments.

The Standing Committee on Rural Development (SCRD), in its report on the Land Acquisition,
Rehabilitation and Resettlement (LARR) Bill 2011, a precursor to The Right To Fair
Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act,
2013, explained the amendments made over the years.1

“Initially the exercise of the doctrine of Eminent Domain was limited to acquiring land for public
purpose such as roads, railways, canals, and social purposes like state run schools and hospitals.
The Act, however, added the words or Company to ‘public purpose’ to distinguish land
acquisition by the State for ‘public purposes’ from land acquisition by the State for ‘a Company’.
Moreover, acquisition of land for ‘Companies’ was restricted to Railway Companies, until by an
amendment effected in 1933, acquisition was permitted for the ‘erection of dwelling houses for
workmen employed by the Company or for the provision of amenities directly connected
therewith’.

The ambit of the land acquisition act 1894 was then significantly expanded by a number of
amendments in 1962 which permitted acquisition for a Company ‘which has been engaged or is
taking steps for engaging itself in any industry or work which is for a public purpose’. The

1
Standing Committee report on the Land Acquisition and Rehabilitation and Resettlement Bill, 2011, Department of
Land Resources, Ministry of Rural Development, Government of India, accessed on February 9, 2015.
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amendments made in 1984 in the land acquisition act 1894 extinguished any differentiation
between acquisition for a State purpose and ‘acquisition for a private enterprise‘ or ‘State
enterprise‘ by amending section 4 of the original Act to insert the words ‘a Company’ after ‘any
public purpose’.”

However, the law failed to address some important issues associated with land acquisition,
particularly forcible acquisitions, the definition of ‘public purpose‘, widespread misuse the of
‘urgency clause‘, compensation and lack of transparency in the acquisition process, participation
of communities whose land was being acquired and lack of Resettlement and Rehabilitation
(R&R) package.

Due to a lack of clear definition of ‘public purpose‘, there had been considerable difference of
opinion among various judgments of the Supreme Court (SC), which resulted in granting very
wide discretionary powers to the state in terms of deciding the lineament of ‘public purpose‘
under particular circumstances.

In the State of Bombay v. R. S. Nanji (1956), the Supreme Court observed, “It is impossible to
precisely define the expression ‘public purpose’. In each case, all the facts and circumstances
will require to be closely examined in order to determine whether a public purpose has been
established. Prima facie, the government is the best judge as to whether public purpose is served
by issuing a requisition order, but it is not the sole judge. The courts have the jurisdiction and it
is their duty to determine the matter whenever a question is raised whether a requisition order is
or is not for a public purpose.”

In the 1988 case of Coffee Board v. Commissioner of Commercial Taxes, the Supreme Court
again stated, “Eminent domain is an essential attribute of sovereignty of every State and
authorities are universal in support of the definition of eminent domain as the power of the
sovereign to take property for public use without the owner‘s consent upon making just
compensation.”

On December 31, 2014, President Pranab Mukherjee promulgated the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Ordinance, 2014. The ordinance amended the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR). The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
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was passed by the Parliament on September 5, 2013 and came into force on January 1, 2014. The
Act override the colonial Land Acquisition Act, 1894 which had been criticized for giving both
the Government of India and the State Governments absolute power to acquire private land in the
name of “public purpose” and for promoting an unfair compensation policy. The 2013 Act, for
the first time, integrated land acquisition with rehabilitation and resettlement (R&R) and Social
Impact Assessment (SIA).

As per Section 105 of the Act, the provisions of the Act did not apply to 13 Central Acts which
acquired land under special provisions specific to their domain, considered critical for
development. However, the Government of India could issue a notification and direct any
provision of the Act, relating to compensation and Rehabilitation and Resettlement , to be made
applicable to these 13 Acts within a year of its enactment. The notification had to be placed
before Parliament for a period of 30 days for its approval. The Act was extended to13
legislations such as The Atomic Energy Act, 1962, The Indian Tramways Act, 1886, The Land
Acquisition (Mines) Act, 1885, The Metro Railways (Construction of Works) Act, 1978, The
National Highways Act, 1956 etc.2 for the land acquisition to facilitate development projects.
This amendment brought these 13 Acts under the dominion of this stringent piece of law, within
a year of the commencement of the Act3 of 2013 for the purpose of compensation, rehabilitation
and resettlement which facilitates instrumental growth of the farmers, poor and backward
community. The Act faced stiff opposition from the industry and the State Governments. The
industry raised concerns regarding the stalling of projects due to large consent requirements,
compulsory social impact assessment, increased project costs due to high compensation,
rehabilitation and resettlement package for displaced families, and retrospective implementation
of the Act. The State Governments were also of the similar view. Therefore, the NDA
Government, which came to power in May 2014, decided to amend Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013.

2
Fourth Schedule, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
3
Section 105, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
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 NATIONAL MONITORING COMMITTEE

National Monitoring Committee has been set up to look into issues related to displacement,
compensation, payment and resettlement including those of tribal persons. In accordance with
the provisions of Section 48 of the Right To Fair Compensation And Transparency In Land
Acquisition, Rehabilitation And Resettlement Act, 2013 a National Monitoring Committee has
been set up under the Chairmanship of Secretary, Department of Land Resources in the Ministry
of Rural Development for reviewing and monitoring the implementation of Rehabilitation and
Resettlement Scheme, looking into issues related to displacement of people, payment of
compensation, rehabilitation and resettlement, and the status of land acquisition.

The Department of Land Resources in the Ministry of Rural Development is the nodal agency
for matters relating to land acquisition. Acquisition of land for various projects is done by
concerned State Governments/ UT Administrations as per provisions laid down in the Land
Rehabilitation Act, 1894 as well as under the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013). Further,
the Ministry of Water Resources, River Development and Ganga Rejuvenation are the nodal
Ministry for implementing irrigation and Water Resources Projects in the country.
Representations have been received during the last 60 days in connection with the displacement
of people due to Polavaram Dam, Andhra Pradesh.

Sardar Sarovar Project

The issue of resettlement and rehabilitation of the people displaced due to development projects,
in particularly large multi-purpose river valley projects, came to the limelight with the
emergence of the Narmada Bachao Andolan. The Sardar Sarovar project was the first to be taken
up (started in 1987), in the government’s ambitious plan of creating more than 3000 large and
small dams. The project included the construction of a high dam on the Narmada River, the
creation of a reservoir submerging land in the states of Gujarat, Maharashtra and Madhya
Pradesh, and an extensive canal and irrigation system in Gujarat, that was likely to displace
approximately 100,000 people residing in 245 villages of the states of said states (EPW, 1993),

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largely tribals and a lot more likely to be affected. In 1985, the World Bank entered into credit
and loan agreements with India ($450 million) and the concerned three states, to help finance the
construction of the Sardar Sarovar project. Despite the benefits, studies (Berger, 1993, Garikpati,
2002) reveal that the human and environmental costs of the project have not been investigated
thoroughly. Prior consultation of the displaced population with regard to the rehabilitation and
resettlement packages was not undertaken, leading to something of an ‘involuntary resettlement
and non-consideration of human rights. The rehabilitation and resettlement packages of each of
the states varied, but it only looked good on paper and were not abided in reality (Berger, 1993,
Garikpati, 2002, EPW, 1993).The packages also differed in terms of land ownership, but the
tribals largely having no legal documents to prove so, were regarded as ‘encroachers’ and the
packages offered to them were limited (Modi, 2004). The credit and loan agreements of the
World Bank with the states concerned, only accorded those persons whose villages would be
affected by submergence as ‘project-affected’ individuals, entitled to resettlement and
rehabilitation. The land for land package in the rehabilitation and resettlement package was
contentious, as it was granted to only those who were landowners i.e., those who had legal titles,
the tribals on the other hand were largely ‘encroachers’ (Morse & Berger, 1992). Whitehead’s
(1999) study of the oustees of the Sardar Sarovar project in resettlement sites in Vadodara,
Gujarat focuses more on the change in the livelihood of a self-sufficient tribal community
dependent on natural resources or on non-timber forest produces, to an agricultural labourer,
even migrating to other states or urban areas as wage labourers, thereby leading to their
impoverishment. A study by Garikipati (2002) in the resettled sites in Gujarat reported that
although the displaced population had been resettled and the new resettled sites had been
provided the amenities of water, electricity, school, roads etc, about 96% of the households felt
that their lives have deteriorated after relocation, the reason being the degraded quality of
agricultural land and the condition of other amenities at the resettlement sites. There appears to
be a mismatch between the government resettlement documents and the actual reporting of the
people, as the former focused only on the quantitative attributes of resettlement and not on the
qualitative (Garikpati, 2002). The dam led to the submergence of villages or the people were
harped with the threat of submergence and as a result were displaced nor fully resettled or
rehabilitated. Other inadequacies of the resettlement process in the three states include non-
availability of land, incomplete land surveys, incorrect enumeration of the project-affected
adivasis, non-granting of land rights, dissatisfaction among the ‘encroachers’, unsatisfactory

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compensation, poor quality of land either rocky, barren, waterlogged or saline, disparity in
resettlement policies of the states concerned, incorrect definition of project-affected persons,
corruption, ill maintenance of the facilities provide in the resettled sites(Morse& Berger, 1992,
Whitehead’s 1999, Sangvai, 2001, Levien, 2006, Shunglu, et.al., 2006). Modi government
(2004) claims that the resettlement packages were based on a patriarchal definition of family,
which did not provide compensation for women-headed households, unmarried daughters,
deserted or divorced women and widows. Losing their customary rights on land and also income,
the women’s access to resources was mediated through their husbands or other kins. Reduced
supply of food crops and increase in their prices led to cutting down the calorific intake among
the resettles which impacted majorly the women and female children. The other issues that
emerged were breakdown of families and social ties due to dispersion of people, hostile relations
with host communities due to competition over scarce resources, utilization of same land by
different families due to land shortage therefore leading to conflicting situations. Gender
inequality in resettlement planning was also highlighted by Sikka (2014), focusing on the
provision of civic amenities in the resettlement sites in Gujarat, especially lack of separate
sanitation facilities. The protest movement garnered support and resulted in vehement protests
for the rights of the ‘oustees’ from individuals and organizations from all round the world,
notably those carried out by the Narmada Bachao Andolan- a body comprising of civil society
organizations and individuals, led by social activist Medha Patekar. It has now taken shape into a
larger platform called the ‘National Alliance for People’s Movement’. (Narula, 2008, Nayak,
2010, Peterson, 2010) The issue can be summed up by the excerpts extracted from the above
mentioned Committee, the World Banks’ Morse Report (1992), “We think the Sardar Sarovar
Projects as they stand are flawed, that resettlement and rehabilitation of all those displaced by the
Projects is not possible under prevailing circumstances, and that the environmental impacts of
the Projects have not been properly considered or adequately addressed. There was no proper
appraisal made of the Sardar Sarovar Projects, no adequate appraisals of resettlement and
rehabilitation, or of environmental impact, were made prior to approval. The Projects proceeded
on the basis of an extremely limited understanding of both human and environmental impact,
with inadequate plans in place and inadequate mitigative measures under way.” This report of
the Independent Review ultimately led to the World Bank withdrawing from the project.
However, the Indian Government continued with the project through other sources of fund and
affirmed commitment to the rehabilitation and resettlement and environmental standards

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embedded in its agreements with the Bank. The Sardar Sarovar dam was finally completed in
2006 in Gujarat by the Government of India, resulting in the displacement of approximately
320,000 people, more than the estimated population (Narula, 2008). But it is argued that the
withdrawal of the World Bank from the project, resulted in the removal of a body that had the
obligation and ability to hold the project to a higher set of standards than the Indian government
would have adhered to on its own”, and also “reduced the Indian government’s accountability to
the outside world” (Narula, 2008). However, it can also be argued that the Narmada Bachao
movement as well as the withdrawal of the World Bank from the project had significance in the
light that the issue of displacement and of resettlement and rehabilitation garnered attention,
globally, something that was ignored before (Cullet, 2007).

Section 48 of Land Acquisition Act 2013 "Establishment of National monitoring committee

for rehabilitation and resettlement"

(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 the Committee necessary
for its efficient functioning.

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Section 49 of Land Acquisition Act 2013 "Reporting Requirements"

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.

Section 50 of Land Acquisition Act 2013 "Establishment of state monitoring committee for
rehabilitation and resettlement"

(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.

LAND ACQUISITION, REHABILTATION AND RESETTLEMENT

AUTHORITY

The appropriate government shall establish a Land Acquisition, Rehabilitation and Resettlement
Authority under chapter VIII of the Act.

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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 Land Acquisition,
Rehabilitation and Resettlement Authority shall be the same as applicable to a District Judge.

The salary and allowances payable to and the other terms and conditions of service (including
pension, gratuity and other retirement benefits) of the Registrar of the Land Acquisition,
Rehabilitation and Resettlement Authority shall be the same as applicable to the rank of Deputy
Secretary in Central Government.

The salary and allowances payable to and the other terms and conditions of service (including
pension, gratuity and other retirement benefits) of the officers and employees of the Land
Acquisition, Rehabilitation and Resettlement Authority shall be the same as applicable to the
equivalent officers of the Central Government.4

Section 51 of Land Acquisition Act 2013 "Establishment of land acquisition rehabilitation

and resettlement authority"

(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 subsection (I)
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 (I) of section 64.

4
Section 56 of the land acquisition act 2013.
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In Dulari Bai Vs State of Chhattisgarh & others5

Petitioner owns an area admeasuring 2.00 acres bearing khasra No.266 & 267 at village Palod,
PH No.69/18 RI Block Mandir Hasod, Tahsil Arang, District Raipur. A part of the said area
belonging to the petitioner has been used for construction of road by the Naya Raipur
Development Authority (NRDA), however, according to the petitioner, the award passed under
the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (for short ‘the Act, 2013’) is only in respect of 0.04 hectares land
whereas on the spot much more area belonging to the petitioner has been used for construction of
road. The petitioner has prayed for a direction to the respondents to demarcate the area and pay
the compensation commensurate to the area, which has been used for construction of road.

It was contented provisions contained in Sections 64 & 65 read with Section 51 of the Act, 2013
to contend that the nature of dispute raised by the petitioner is within the jurisdiction of the Land
Acquisition, Rehabilitation and Resettlement Authority under Section 51 of of the Act, 2013,
therefore, the petitioner should approach the said authority.

Under Section 51 (1) of the Act, 2013 it is provided that 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.

Section 64 (1) 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 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 with a proviso that the Collector shall, within a
period of thirty days from the date of receipt of application, make a reference to the appropriate
Authority. The second proviso to Section 64 (1) provides that where the Collector fails to make
such reference within the period so specified, the applicant may apply to the Authority, as the

5
WPC No. 113 of 2017
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case may be, requesting it to direct the Collector to make the reference to it within a period of
thirty days.

Chhattisgarh High Court held that when land holder is awarded less compensation for reduced
area than the area actually used by the Govt. the dispute would fall within the jurisdiction of the
Authority under section 51 read with Section 64 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Section 64: Reference to Authority.–(1) Any person interested who has not accepted the award
may, by written application to the Collector, require that the matter be referred by the Collector
for the determination of the Authority, as the case may be, whether his objection be to the
measurement of the land, the amount of the compensation, the person to whom it is payable, the
rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the
compensation among the persons interested: Provided that the Collector shall, within a period of
thirty days from the date of receipt of application, make a reference to the appropriate Authority:
Provided further that where the Collector fails to make such reference within the period so
specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the
Collector to make the reference to it within a period of thirty days.

(2) The application shall state the grounds on which objection to the award is taken: Provided
that every such application shall be made— (a) person making it was present or represented
before the Collector at the time when he made his award, within six weeks from the date of the
Collector‘s award, (b) in other cases, within six weeks of the receipt of the notice from the
Collector under section 21, or within six months from the date of the Collector‘s award,
whichever period shall first expire: Provided further that the Collector may entertain an
application after the expiry of the said period, within a further period of one year, if he is
satisfied that there was sufficient cause for not filing it within the period specified in the first
proviso.

Section 52 of Land Acquisition Act 2013 "Composition of Authority"

(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.

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(2) Notwithstanding anything contained in sub-section (I), the appropriate Government may
authorise the Presiding Officer of one Authority to discharge also the functions of the Presiding
Officer of another Authority.

Section 53 of Land Acquisition Act 2013 "Qualification for appointment as presiding

officer"

(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.

Section 54 of Land Acquisition Act 2013 "Terms of office of presiding officer"

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.

Section 55 of Land Acquisition Act 2013 "Staff of authority"

(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.

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Section 57 of Land Acquisition Act 2013 "Filling up of vacancies"

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.

Section 58 of Land Acquisition Act 2013 "Resignation and removal"

(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 misbehavior 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 of the charges against him
and given a reasonable opportunity of being heard in respect of these charges.

3) The appropriate Government may, by rules, regulate the procedure for the investigation of
misbehavior or incapacity of the aforesaid Presiding Officer.

Section 59 of Land Acquisition Act 2013 "Orders constituting authority to be final and not
to invalidate its proceedings"

No order of the appropriate Government appointing any person as the Presiding Orders Officer
of an Authority shall be called in question in any manner, and no act or proceeding Authority to
before an Authority shall be called in question in any manner on the ground merely of any be
final and defect in the constitution of an Authority.
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Powers of Authority and procedure - 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 addition to the matters listed under sub-section (1) of Section 60
of the Act, in respect of any other matter notified for the purpose by Secretary to the Revenue
Department of the State Government or of the Union Territory Administration.

Section 61 of Land Acquisition Act 2013 "Proceedings before authority to be judicial

proceedings"

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 and the Authority shall be deemed to
be civil court for the purposes of sections 345 and 346 of the Code of criminal Procedure, 1973

Section 62 of Land Acquisition Act 2013 "Members and officers of authority to be public
servants"

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.

Section 63 of Land Acquisition Act 2013 "Jurisdiction of civil courts barred"

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 74 of Land Acquisition Act 2013 "Appeal to High Court"

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(I) The Requiring Body or any person aggrieved by the Award passed by an Authority under
section 69 may file an appeal to the High Court within sixty days from the date of Award:

Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal within the said period, allow it to be filed within a further period not
exceeding sixty days.

(2) Every appeal referred to under sub-section (1) shall be heard as expeditiously as possible and
endeavour shall be made to dispose of such appeal within six months from the date on which the
appeal is presented to the High Court.

Explanation.- For the purposes of this section. "High Court" means the High Court within the
jurisdiction of which the land acquired or proposed to be acquired is situated.

Jurisdiction Of Courts

No lower civil court, under section 63 shall have jurisdiction to entertain any dispute relating to
land acquisition in respect of which the collector or the authority is empowered and no injunction
shall be granted by any court in respect of any such matter. If aggrieved by the Award of the
Collector by person interested in compensation and any reference is made to Authority under
section 64 by the Collector, the final Award shall be in accordance with section 69. Appeal to
High Court: The appropriate Government or a Requiring Body or any person aggrieved by the
Award passed by an Authority under section 69 may file an appeal to the High Court within sixty
days from the date of Award, provided that the High Court may, if it is satisfied that the
appellant was prevented by sufficient cause from filing the appeal within the said period, allow it
to be filed within a further period not exceeding sixty days as per section 74. A period of six
months is the time limit for disposal of case.

Section 64 of Land Acquisition Act 2013 "Reference to Authority"

(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
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amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and
Resettlement under Chapters V and VI or the apportionment of the compensation among the
persons interested:

Provided that the Collector shall, within a period of thirty days from the date of receipt of
application, make a reference to the appropriate Authority:

Provided further that where the Collector fails to make such reference within the period so
specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the
Collector to make the reference to it within a period of thirty days.

(2) The application shall state the grounds on which objection to the award is taken:

Provided that every such application shall be made-

(a) If the person making it was present or represented before the Collector at the time when he
made his award, within six weeks from the date of the Collector's award,

(b) In other cases, within six weeks of the receipt of the notice from the Collector under section
21, or within six months from the date of the Collector's award, whichever period shall first
expire:

Provided further that the Collector may entertain an application after the expiry of the said
period, within a further period of one year, if he is satisfied that there was sufficient cause for not
filing it within the period specified in the first proviso.

Section 65 of Land Acquisition Act 2013 "Collectors statement to authority"

(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,

19 | P a g e
(b) the names of the persons whom he has reason to think interested in such land,

(c) the amount awarded for damages and paid or tendered under section 13, and the amount of
compensation awarded under the provisions of this Act,

(d) the amount paid or deposited under any other provisions of this Act, and

(e) if the objection be to the amount of the compensation, the grounds on which the amount of
compensation was determined.

(2) The statement under sub-section (1) shall be attached a schedule giving the particulars of the
notices served upon and of the statements in writing made or delivered by the persons interested
respectively.

Section 66 of Land Acquisition Act 2013 "Service of notice by authority"

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.

Section 67 of Land Acquisition Act 2013 "Restriction on scope of proceedings"

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.

Section 68 of Land Acquisition Act 2013 "Proceedings to be in public"

20 | P a g e
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.

Section 69 of Land Acquisition Act 2013 "Determination of award by authority"

(1) In determining the amount of compensation to be awarded for land acquired including the
Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether
the Collector has followed the parameters set out under section 26 to section 30 and the
provisions under Chapter V of this Act.

(2) In addition to the market value of the land, as above provided, the Authority shall in every
case award an amount calculated at the rate of twelve per cent per annum on such market value
for the period commencing on and from the date of the publication of the preliminary
notification under section 11 in respect of such land to the date of the award of the Collector or
the date of taking possession of the land, whichever is earlier.

Explanation- In computing the period referred to in this sub-section, any period or periods during
which the proceedings for the acquisition of the land were held up on account of any stay or
injunction by the order of any Court shall be excluded.

(3) In addition to the market value of the land as above provided, the Authority shall in every
case award a solatium of one hundred per cent. over the total compensation amount.

Section 70 of Land Acquisition Act 2013 "Form of award"

(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 sub-section,
together with the grounds of awarding each of the said amounts.

21 | P a g e
(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

Section 71 of Land Acquisition Act 2013 "Costs"

(1) Every such award shall also state the amount of costs incurred in the proceeding under this
Chapter, and by what persons and in what proportions they are to be paid.

(2) When the award of the Collector is not upheld, the cost shall ordinarily be paid by the
Collector unless the Authority concerned is of the opinion that the claim of the applicant was so
extravagant or that he was so negligent in putting his case before the Collector that some
deduction from his costs should be made or that he should pay a part of the Collector's costs.

Section 72 of Land Acquisition Act 2013 "Collector may be directed to pay interest on
excess compensation"

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 pan thereof is paid to the Authority after the date or expiry of a period of one year from the
date on which possession is taken, interest at the rate of fifteen per cent per annum shall be
payable from the date of expiry of the said period of one year on the amount of such excess or
part thereof which has not been paid into Authority before the date of such expiry.

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Section 73 of Land Acquisition Act 2013 "Re-determination of amount of compensation on
the basis of the award of the authority"

(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 requisite for obtaining a copy of the award shall be excluded.

(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry
after giving notice to all the persons interested and giving them a reasonable opportunity of being
heard, and make an award determining the amount of compensation payable to the applicants.

(3) Any person who has not accepted the award under sub-section (2) may, by written
application to the Collector, require that the matter be referred by the Collector for the
determination of the Authority concerned.

APPORTIONMENT OF COMPENSATION

When there many persons interest and they agree to the apportionment of the compensation of
such. The particulars of all the interested persons has to be specified in award and it can be called

23 | P a g e
as conclusive evidence of apportionment.6 If any dispute arise in apportionment or to any part of
such apportion such dispute, the collector may refer such dispute to the authority.7

Section 75 of Land Acquisition Act 2013 "Particulars of apportionment to be specified"

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.

Section 76 of Land Acquisition Act 2013 "Disputes as to apportionment"

When the amount of compensation has been settled, if any dispute arises as to the apportionment
of the same or any part thereof or as to the persons to whom the same or any part thereof is
payable, the Collector may refer such disputes to the Authority.

PAYMENT

Section 26 of the Act that deals with compensation for the land owners. It outlines the proposed
minimum compensation, based on multiples of the market value. Usually, the market value is
multiplied by a factor of one of two times, for land acquired in rural and urban areas.

The market value of the land is determined by the average sale price for similar types of land
situated in the nearest village or nearest vicinity area. This sale price is assessed, by considering
one-half of the total number of sale deeds or the agreements to sell, in which the highest price
has been mentioned. The compensation can also be a consented amount, in case the land is
acquired for private companies or public-private partnership projects. How the compensation to

6
As per section 75 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
7
As per section 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013
24 | P a g e
be given to landowners and its procedure has been laid down under chapter X of land acquisition
act 2013.

In Indore Development Authority v. Shailendra (2018), Justice Mishra overturned the finding
in Pune Municipal Corporation that paying compensation cannot entail a deposit in the treasury.
He also clarified that in instances where a beneficiary has not received a payment, the State may
have to pay interest on the original compensation as per Sections 31 and 34 of the LA Act
(equivalent in 2013 Act: section 77 and 80). Justice Mishra held that once the State has tendered
the compensation under Section 31(1) of the Land Acquisition Act, its obligation to pay is
fulfilled. He referred to Black’s Law Dictionary, which defines the noun “tender” as an
“unconditional offer of money”. The Dictionary specifies that “the tender may save the tendering
partner from a penalty of non-payment”. Justice Mishra concluded that once the State tenders the
compensation, the land acquisition cannot lapse under Section 24(2).

Section 77 of Land Acquisition Act 2013 "Payment of compensation or deposit of same in

authority"

(1) On making an award under section 30, the Collector shall tender payment of the
compensation awarded by him to the persons interested entitled thereto according to the award
and shall pay it to them by depositing the amount in their bank accounts unless prevented by
someone or more of the contingencies mentioned in sub-section (2).

(2) If the person entitled to compensation shall not consent to receive it, or if there be no person
competent to alienate the land, or if there be any dispute as to the title to receive the
compensation or as to the apportionment of it, the Collector shall deposit the amount of the
compensation in the Authority to which a reference under section 64 would be submitted:

Provided that any person admitted to be interested may receive such payment under protest as to
the sufficiency of the amount:

25 | P a g e
Provided further that no person who has received the amount otherwise than under protest shall
be entitled to make any application under sub-section (1) of section 64:

Provided also that nothing herein contained shall affect the liability of any person, who may
receive the whole or any part of any compensation awarded under this Act, to pay the same to
the person lawfully entitled thereto.

Section 78 of Land Acquisition Act 2013 "Investment of money deposited in respect of

lands belonging to person incompetent to alienate"

(1) If any money is deposited in the Authority concerned under sub-section (2) of section 77 and
it appears that the land in respect whereof the same was awarded belonged to any person who
had no power to alienate the same, the Authority concerned shall-

(a) order the money to be invested in the purchase of other lands to be held
under the like title and conditions of ownership as the land in respect of which such money shall
have been deposited was held, or

(b) if such purchase cannot be effected forthwith, then in such Government of other approved
securities as the Authority concerned shall think fit, and shall direct the payment of the interest
or other proceeds arising from such investment to the person or persons who would for the time
being have been entitled to the possession of the said land, and such moneys shall remain so
deposited and invested until the same be applied-

(i) in the purchase of such other lands as aforesaid, or

(ii) in payment to any person or persons becoming absolutely entitled thereto.

(2) In all cases of money deposited to which this section applies the Authority concerned shall
order the costs of the following matters, including therein all reasonable charge and expenses
incident thereon, to be paid by the Collector, namely:-

(a) the costs of such investments as aforesaid,

26 | P a g e
(b) the costs of the orders for the payment of the interest or other proceeds of the securities upon
which such moneys are for the time being invested, and for the payment out of the Authority
concerned of the principal of such moneys, and of all proceedings relating thereto, except such as
may be occasioned by litigation between adverse claimants.

Section 79 of Land Acquisition Act 2013 "Investment of money deposited in other cases"

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

Section 80 of Land Acquisition Act 2013 "Payment of Interest"

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
percent 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 percent 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.

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 TEMPORARY OCCUPATION OF LAND

The Land acquisition Act also provides for the acquiring authority to directly negotiate for the
acquisition of land for a public work and the acquiring authority has powers to compulsorily take
interests in land, the land owner must be informed of taking that interest in land with the
purchase monies. Article 19 of the Indian Constitution also guarantees to all citizens the right to
acquire, hold and dispose off property. It also provided that compensation would be paid to the
person whose property has been taken for public purposes.

So what can be inferred from the above paragraph is that a land can be acquired by the state for
the below mentioned reasons:

(i) for public purposes,

(ii) for urgency purposes,

(iii) for temporary purposes,

(iv) for companies.

Land acquired temporarily by the state that has been discussed in Chapter XI of the Land
Acquisition Act, 2013. It deals with the temporarily occupation of land for a period of not more
than three years and states about the compensation that is to be awarded at different conditions.

Allahabad high court in case of Mankeshwar Nath v Collector, Agra8 said that whenever the
Government requires any waste or arable land for temporary occupation for more than three
years it can give permission to the Collector who on the strength of such permission, is required
to give a notice in writing to the interested persons intimating to them the purpose for which the
land was needed. But where the acquiring body intends to acquire the land permanently but an

8
1983 AllLJ 975
28 | P a g e
order under section 359 is issued acquiring the land for temporary occupation, the order is valid
and cannot be termed as fraud on the statute. The compensation can be paid either in a gross sum
of money or by monthly or other periodical payments for occupying and using the land, for the
term, for which the Government needs it, and for taking material, if any from such land.

It is also to be noted that until the procedure contained in section 35 has been duly followed, the
Collector has no right to either enter upon or to occupy the land or to use the same even for the
purpose for which the Government has been given permission. Further, when the land has been
used for the purpose for which it has been occupied, the Collector is liable to tender an amount
as compensation to the landowners, for any damage done to the land not covered under the
agreement, and to restore possession over the land to the owners thereof. If the land that was
occupied becomes unusable then the land can be acquired permanently for public purpose
provided that the owner of the land so demands. The language and spirit behind section 36
requires that the Collector should strictly abide by the terms on which the land has been
temporarily occupied and also confine strictly to the user of the same within the terms agreed
upon.

Also it cannot be said that temporary occupation of land amounts to acquisition by the
Government. The tenure-holder continues to be the tenure-holder of the said land. He only
remains out of possession for the period during which the land is temporarily occupied by the
Government and is paid compensation for being so kept out of possession. He, however,
continues to be the tenure-holder.

Compensation is awarded to the owners -

(i) for the use and occupation of the land for the term fixed, and

(ii) for the material to be taken from the land.

Section 81 of Land Acquisition Act 2013 "Temporary occupation of waste or arable land
procedure when difference as to compensation exists"

9
Land acquisition act 1984.
29 | P a g e
(1) Whenever it appears to the appropriate Government that the temporary occupation and use of
any waste or arable land are needed for any public purpose, the appropriate Government may
direct the Collector to procure the occupation and use of the same for such terms as it shall think
fit, not exceeding three years from the commencement of such occupation.

(2) The Collector shall thereupon give notice in writing to the person interested in such land of
the purpose for which the same is needed, and shall, for the occupation and use thereof for such
term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such
compensation, either in a gross sum of money, or by monthly or other periodical payments, as
shall be agreed upon in writing between him and such persons respectively.

(3) In case the Collector and the persons interested differ as to the sufficiency of the
compensation or apportionment thereof, the Collector shall refer such difference to the decision
of the Authority.

Section 82 of Land Acquisition Act 2013 "Power to enter and take possession and
compensation on restoration"

(1) On payment of such compensation, or on executing such agreement, or on making a

reference under section 64, the Collector may enter upon and take possession of the land. and use
or permit the use thereof in accordance with the terms of the said notice.

(2) On the expiration of the term, the Collector shall make or tender to the persons interested
compensation for the damage (if any) done to the land and not provided for by the agreement and
shall restore the land to the persons interested therein:

Provided that, if the land has become permanently unfit to be used for the purpose for which it
was used immediately before the commencement of such term, and if the persons interested shall
so require, the appropriate Government shall proceed under this Act to acquire the land as if it
was needed permanently for a public purpose.

30 | P a g e
In Samalia Ram v PWD, Agra,10 the land that was acquired under section 35 was restored and
compensation was awarded by the Collector under section 36(2)11 for the damage that was
caused to the land. The petitioner objected to it but the Collector refused to interfere and directed
the petitioner to withdraw the amount deposited in his name. Thereafter a writ was filed under
Article 226 in the High Court contending upon the cast of the duties on the opposite parties to
refer the matter to court for determination of amount of compensation in case of dispute under
section 35. The High Court held that:

(i) The dispute as to the amount of compensation awarded under section 35 had to be
raised at the time of acquisition. As no dispute at that time was raised so a writ of
mandamus cannot be enforced by the court.
(ii) the petitioner has no right to ask for mandamus for reference to any court because no
dispute as to the condition of land was raised at the time of expiration of the term, nor
there was there any allegation that there was any dispute connected with the
agreement which could be referred to any court

OFFENCES AND PENALTIES

If an offence is committed by a government department, the head of the department will be held
guilty unless he can show that he had exercised due diligence to prevent the commission of the
offence. The Bill removes this section. It adds a provision to state that if an offence is
committed by a government employee, he can be prosecuted only with the prior sanction of the
government. Unless it is proved that such was committed without knowledge.12

Offences and Penalties are described in detail for govt. officers, companies and other persons
responsible under Chapter XII of the central Act. States have only stated the provision for non-

10
(1957) AllWR (HC) 96
11
Section 82(2) the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
12
Section 87 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
31 | P a g e
refusal of consent once given by the owner of the land or collective consent to the acquisition of
land in scheduled areas by the competent Gram Sabhas/Autonomous District Councils. For
instance, Rajasthan government has however defined that if any person wilfully obstructing any
person in doing any of the acts authorized by section 4 or section 8, or wilfully fills up, destroys,
damages or displaces any trench or mark made under section 4 shall be liable to imprisonment
for not less than 3 months and may extend to 6 months, or to a fine between a range of Rs 10,000
to Rs 300,000 or to both after conviction before a Magistrate and contrastingly given edge to
companies or representatives for acquisition process with in depth scrutiny and examined under
different allegations where a limited allegations have been made punishable.

Section 84-Punishment for false information, mala fide action, etc-

(1) If a person, in connection with a requirement or direction under this Act, provides any
information that is false or misleading, or produces any false document, he shall be liable to be
punished with imprisonment of either description for a term which may extend to six months, or
with fine which may extend to one lakh rupees, or with both.

(2) Any rehabilitation and resettlement benefit availed of by making a false claim or through
fraudulent means shall be liable to be recovered by the appropriate Government in the manner as
may be prescribed.

(3) Disciplinary proceedings may be drawn up by the disciplinary authority against a

Government servant, who if proved to be guilty of a mala fide action in respect of any provision
of this Act, shall be liable to such punishment including a fine as the disciplinary authority may
decide.

Section 85- Penalty for contravention of provisions of Act.–

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.

Section 86. Offences by companies.–(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

32 | P a g e
be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment if he proves that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has
been committed by a company and it is proved that the offence has been committed with the
consent or connivance of, or that the commission of the offence is attributable to any neglect on
the part of, any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.

Section 87- Offences by Government departments.–

(1) Where an offence under this Act has been committed by any department of the Government,
the head of the department, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly: Provided that nothing contained in this section shall
render any person liable to any punishment if such person proves that the offence was committed
without his knowledge or that such person exercised all due diligence to prevent the commission
of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has
been committed by a Department of the Government and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part of any
officer, other than the head of the department, such officer shall also be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished accordingly.

33 | P a g e
 MISCELLANEOUS

Return of Land to the Original Land Owner13

Where any land acquired under the Act remains unutilised for a period specified for setting up of
any project or a period of five years whichever is later, from the date of taking over the
possession by the requiring body, 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 by issuing a notice to the Requiring
Body for whom the land was acquired and by giving an opportunity of being heard and by
passing necessary order in writing by the District Collector in this behalf for this purpose.14

After passing the written order as above, the District Collector shall take the possession of the
acquired land for the purpose of returning the same to the original owner or owners or their legal
heirs, as the case may be, or to the Land Bank as defined in section 104 of the Act.

If the Requiring Body does not handover possession of the said land to the Collector, Collector
shall be competent to take the help of Executive Magistrate and police force to take the
possession by after giving prior notice to the Requiring Body.

Pune Municipal Corporation and Anr. vs Harakchand Misirimal Solanki and Ors (2014),
the Court clarified that where land acquisition proceedings have been initiated under the 1894
Act but no award under Section 11 of the 1894 Act is passed, then the provisions of 2013 Act
would determine amount of compensation to be awarded. The court also held that if the
acquisition proceedings are initiated under 1894 Act and an award has been made five years or
more prior to the commencement of the 2013 Act and either of the two contingencies - physical
possession of the land has not been taken or the compensation has not been paid - such
acquisition proceedings would be deemed to have lapsed. Further, on the lapse of such
proceedings, if the appropriate government still chooses to acquire the land which was the

13
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
(Compensation, Rehabilitation and Resettlement, Development Plan) Rules, 2015.
14
Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
34 | P a g e
subject matter of acquisition under the 1894 Act then it has to initiate the proceedings afresh
under the 2013 Act.

Section 91 of Land Acquisition Act 2013 "Magistrate to enforce surrender"

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.

Serving of the notice under section 92 of the land acquisition act 2013 is same as issuing of
summon under criminal procedure code 1908.

Section 93 of the land acquisition act 2013 Completion of acquisition not compulsory, but
compensation to be awarded when not completed.–

(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.

Section 94 of the land acquisition act 2013- Acquisition of part of house or building.–

(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
35 | P a g e
whether any land proposed to be taken under this Act does or does not form part of a house,
manufactory or building within the meaning of this section, the Collector shall refer the
determination of such question to the Authority concerned and shall not be taken possession of
such land until after the question has been determined.

(2) In deciding on such a reference made under the proviso to sub-section (1), the Authority
concerned shall have regard to the question whether the land proposed to be taken, is reasonably
required for the full and unimpaired use of the house, manufactory or building.

(3) If, in the case of any claim under this Act, by a person interested, on account of the severing
of the land to be acquired from his other land, the appropriate Government is of opinion that the
claim is 36 unreasonable or excessive, it may, at any time before the Collector has made his
award, order the acquisition of the whole of the land of which the land first sought to be acquired
forms a part.

(4) In the case of any acquisition of land so required no fresh declaration or other proceedings
under sections 11 to 19, (both inclusive) shall be necessary, but the Collector shall without delay
furnish a copy of the order of the appropriate Government to the person interested, and shall
thereafter proceed to make his award under section 23.

Section 95 of the land acquisition act 2013- Acquisition of land at cost of a local authority
or Requiring Body.–

(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.

Section 96 of the land acquisition act 2013- Exemption from income-tax, stamp duty and
fees.–

36 | P a g e
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.

Section 97 of the land acquisition act 2013- Acceptance of certified copy as evidence.–

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.

Section 107 of the land acquisition act 2013- Power of State Legislatures to enact any law
more beneficial to affected families.–

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.

Section 108 of the land acquisition act 2013- Option to affected families to avail better
compensation and rehabilitation and resettlement.–

(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.

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 CONCLUSION

The Land, unlike some other natural resources, is ever dwindling and is extremely critical for
economic and infrastructure development especially in developing economies. The imperfect and
varying nature of the land market has made the situation more complex and unpredictable in the
context of transaction of land. Though development projects bring prosperity, they also bring
adverse effects in the pattern of livelihoods and socio-cultural activities of the local community
and the weaker sections get affected the most. Development-induced displacement also looms
large as a crisis of the 21st century. All these create resistance in acquisition and stall project
implementation. The Impact of the Right To Fair Compensation And Transparency in Land
Acquisition, Rehabilitation And Resettlement Act, 2013 Act, 2013 is an attempt to address these
bottlenecks in a participative way. The rehabilitation and resettlement provisions provided under
this act is exhaustive in nature. It provides a wide range of substantial public benefits for the
affected people caused out of land acquisition. Conducting social impact assessment of land
acquisition is a challenge as it involves multiple stakeholders with sometimes conflicting
interests. However, conducting social impact assessment in a comprehensive way by taking into
account all affected individuals dependent on the land to be acquired can minimize the resistance
and make the situation a win-win one.

BIBLIOGRAPHY

 legislative.gov.in/sites/default/files/A2013-30.pdf

 legalserviceindia.com/article/l257-Process-of-Land-Acquisition.html

 livelaw.in

 indiankanoon.org

 dolr.gov.in/sites/default/files/THE%20LAND%20ACQUISITION%20ACT.p

df

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 latestlaws.com/bare-acts/central-acts-rules/civil-laws/right-fair-

compensation-transparency-land-acquisition-rehabilitation-resettlement-

act2013/right-to-fair-compensation-and-transparency-in-land-acquisition-

rehabilitation-and-resettlement-compensation-rehabilitation-and-

resettlement-development-plan-rules-2015/

 bareactslive.com/ACA/ACT046.HTM

 papers.ssrn.com

 lawctopus.com/academike/land-acquisition-india

 indiatoday.in

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