• Right to fair compensation Act, 2013

• Acquiring property – public purpose – Eminent Domain – As discussed

• Salus Populi est Suprema Lex - Earlier enactments related to Land Acquisition –
Issues – Valuation / Rehab etc - Discuss.
• THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 – to
address the lacunae in the erstwhile legislation.
• Right
• Fair compensation
• Transparency in land acquisition
• Rehabilitation
• Resettlement
Objectives –
• To ensure a humane, participative, informed, and transparent process for
land acquisition for industrialization, development of essential infrastructural
facilities and urbanization.

• Causing least possible disturbance to the owners of the land and other
affected families
• Provide just and fair compensation to the affected families whose land has
been acquired or proposed to be acquired or are affected by such acquisition.
• Make adequate provisions for such affected persons for their rehabilitation
and resettlement – intertwined with acquisition.
 • Ensuring that the cumulative outcome of compulsory acquisition should be
that affected persons become partners in development leading to an
improvement in their post-acquisition social and economic status.

• The Principal Act – 2013

• First Schedule – Compensation for Land Owners
• Second Schedule – Element of Rehabilitation and Resettlement entitlements
• Third Schedule – Infrastructural Amenities
• Fourth Schedule – List of enactments regulating LARR
• The Principal Act repealed the 1894 Land Acquisition Act.

• Applicability of the Act – Section 2: Provisions of the Act relating to acquisition/

compensation / rehabilitation and resettlement – ACRR - shall apply -
• Sub Section 1. When the Appropriate Government acquires land for its own use,
hold and control, including for PSU and include the following:
• Public Purpose – Activities as specified in Section 2(1) – Inclusive Definition
• for strategic purposes relating to naval, military, air force, and armed forces
of the Union, including central paramilitary forces.
• for infrastructure projects – as listed in - Harmonised Master List of Infrastructure
Sub Sectors – Excluding Private Hotels - Updated from time to time.
• projects involving agro-processing, supply of inputs to agriculture, warehousing,
cold storage facilities, marketing infrastructure for agriculture and allied activities.
• project for industrial corridors or mining activities.
• project for Government administered, Government aided educational and research
schemes or institutions
• project for water harvesting and water conservation structures, sanitation ……..
• project for sports, health care, tourism, transportation, or space programme;
• project for project affected families;
• project for housing for such income groups, as may be specified from time to time
by the appropriate Government;
• project for planned development or the improvement of village sites or any site in
the urban areas or provision of land for residential purposes for the weaker sections
in rural and urban areas.
• project for residential purposes to the poor or landless or to persons residing in
areas affected by natural calamities, or to persons displaced or affected by reason of
the implementation of any scheme undertaken by the Government, any local
authority or a corporation owned or controlled by the State.

•Sub section 2 - Provisions relating to – ACRR and consent – shall apply when
Appropriate Government acquires land for
• public private partnership projects, where the ownership of the land
continues to vest with the Government – for a public purpose.
• for a private company – for a public purpose
• Provided that in the case of acquisition for:
o private companies, the prior consent of at least eighty per
cent of those affected families
o public private partnership projects, the prior consent of at
least seventy per cent. of those affected families
o shall be obtained through a process as may be prescribed by
the appropriate Government:
• The process of obtaining the consent shall be carried out along with
the Social Impact Assessment study.
• No land shall be transferred by way of acquisition, in the Scheduled
Areas in contravention of any law relating to land transfer, prevailing
in such Scheduled Areas.

• Sub Section 3. Specific provisions relating to rehabilitation and resettlement

under this Act shall apply in the cases – when
• a “private company” purchases land – itself - in either rural / urban
areas - equal to such limits - as may be prescribed - through private
negotiations with the land owners - or
 • A “private company” requests the Appropriate Government for
acquisition of a part of an area so prescribed for a public purpose.
• A private company - substituted by “Private Entity” – 2015
amendment.

• Some Definitions:

• Public Purpose – means the activities specified under sub-section (1) of Section 2;

• Market Value - means the value of land determined in accordance with Section 26

• Person interested means:

• All persons claiming an interest in compensation to be made on account of
the acquisition of land under this Act.
• The Scheduled Tribes and other traditional forest dwellers, who have lost
any forest rights recognised by law.
• Person interested in an easement affecting the land.
• Persons having tenancy rights under the relevant State laws.
• Any person whose primary source of livelihood is likely to be adversely
affected.

• Authority - means the Land Acquisition and Rehabilitation and Resettlement

Authority established under Section 51.

• Affected area - means such area as may be notified by the appropriate Government
for the purposes of land acquisition.

• Affected Family: Includes -

• A family whose land or other immovable property has been acquired;
• A family which does not own any land but a member or members of such
family may be agricultural labourers, including any form of tenancy whose
primary source of livelihood stand affected by the acquisition of land;
 • The Scheduled Tribes and other traditional forest dwellers who have lost
any of their forest rights recognised by Law due to acquisition of land;

• A family whose primary source of livelihood is dependent on forests or

water bodies and includes gatherers of forest produce, hunters, fisher folk
and boatmen and such livelihood is affected due to acquisition of land;
• A member of the family who has been assigned land by the State
Government or the Central Government under any of its schemes and such
land is under acquisition;
• A family residing on any land in the urban areas for preceding three years
or more prior to the acquisition of the land or whose primary source of
livelihood is affected by the acquisition of such land.

• Private Entity - means any entity other than a Government entity or undertaking
and includes a proprietorship, partnership, company, corporation, non-profit
organisation, or other entity under any law for the time being in force.

• Cost of acquisition includes -

• Amount of compensation which includes solatium, any enhanced
compensation ordered by the Land Acquisition and Rehabilitation and
Resettlement Authority or the Court and interest payable thereon and any
other amount determined as payable to the affected families by such
Authority or Court
• Demurrage to be paid for damages caused to the land and standing crops in
the process of acquisition.
• Cost of acquisition of land and building for settlement of displaced or
adversely affected families;
• Cost of development of infrastructure and amenities at the resettlement
areas and cost of rehabilitation and resettlement as determined in accordance
with the provisions of this Act
• Administrative cost and Cost of undertaking Social impact Assessment
Study
• Requiring Body - means
• a company, a body corporate, an institution, or any other organisation or
person for whom land is to be acquired by the appropriate Government, and
includes
• the appropriate Government, if the acquisition of land is for such
Government either for its own use or for subsequent transfer of such land is
for public purpose to a company, body corporate, an institution, or any other
organisation, as the case may be, under lease, licence or through any other
mode of transfer of land.

• Resettlement Area - means

• an area where the affected families who have been displaced as a result of
land acquisition are resettled by the appropriate Government;

• Chapter II - Determination of social impact and public purpose

• Section 4 - Preparation of Social Impact Assessment study. (SIA)

• Whenever the appropriate Government - intends to acquire land for a public
purpose, it shall consult the concerned Panchayat, Gram Sabha, Municipality
or Municipal Corporation - in the affected area and carry out a Social Impact
Assessment study in consultation with them.
• Notification of commencement of SIA – local language – with local
authorities – published – uploaded on the website – authorities to be
adequately represented.
• To be completed within 6 months from the date of commencement – report
to be made available to the public.
• SIA to include – amongst other matters – the following:
• whether the proposed acquisition serves public purpose
• estimation of affected families and the number of families among them
likely to be displaced
 • extent of lands - public and private, houses, settlements, and other common
properties likely to be affected.
• whether the extent of land proposed for acquisition is the absolute bare-
minimum extent needed for the project.
• whether land acquisition at an alternate place has been considered and
found not feasible
• study of social impacts of the project, - Cost – benefit analysis -
Environmental Impact Assessment study to be caried out simultaneously.

• SIA to take into account - Consider the impact that the project is likely to
have on various components, for instance:
• Livelihood of affected families –
• Assets and infrastructure particularly roads - public transport,
drainage, sanitation, sources of drinking water, sources of water for
cattle- community ponds, grazing land, plantations.
• Public utilities such as post offices, fair price shops, food storage
godowns, electricity supply, health care facilities, schools and
educational or training facilities, children parks, places of worship,
burial, and cremation grounds
• List the ameliorative measures required to be undertaken for
addressing the impact for a specific component - from those
mentioned above – Social Impact Management Plan.

• Section 5 – Public Hearing.

• Appropriate Government shall ensure that a public hearing is held at the
affected area, after giving adequate publicity about the date, time, and venue
for the public hearing, to ascertain the views of the affected families to be
recorded and included in the Social Impact Assessment Report.

• Section 6 – Publication of Social Impact Assessment study

• SIA study report – along with the Social Impact Management Plan - local
language – with local authorities – published – uploaded on the website.
 • Environmental Impact Assessment Report too.

• Section 7 - Appraisal of Social Impact Assessment report by an Expert Group

• The Appropriate Government shall ensure that the Social Impact
Assessment report is evaluated by an independent multi-disciplinary Expert
Group, as may be constituted by it.
• Expert Group – shall include –
• two non-official social scientists
• two representatives of Panchayat, Gram Sabha, Municipality or Municipal
Corporation
• two experts on rehabilitation / a technical expert in the subject relating to
the project – Chairperson to be nominated

• If the Expert Group opines that:

• the project does serve any public purpose
• the potential benefits outweigh the social costs and adverse social
impacts of the project –
• it shall make specific recommendations within two months - from the date
of its constitution - whether the extent of land proposed to be acquired is the
absolute bare-minimum extent needed for the project and whether there are
no other less displacing options available.

• Recommendations to be made available to general public – same manner as

discussed.

• If the Expert Group opines that:

• the project does not serve any public purpose
• the social costs and adverse social impacts of the project outweigh the
potential benefits –
• it shall make a recommendation within two months - from the date of its
constitution - to the effect that the project shall be abandoned forthwith and
 no further steps to acquire the land will be initiated in respect of the same –
reasons to be specified
• Recommendations to be made available to general public – same manner as
discussed.
• Can this be ignored by the Government? Discuss.

• Section 8 – Examination of proposals for land acquisition and Social Impact

Assessment report by appropriate Government – an obligation
• The appropriate Government shall ensure that:
• There is a legitimate and bona fide public purpose for the proposed
acquisition which necessitates the acquisition of the land identified.
• The potential benefits and the public purpose referred to in clause shall
outweigh the social costs and adverse social impact as determined by the
Social Impact Assessment that has been carried out.

• Only the minimum area of land required for the project is proposed to be
acquired.
• There is no unutilised land which has been previously acquired in the area.
• The land, if any, acquired earlier and remained unutilised, is used for such
public purpose, and make recommendations in respect thereof.

• SIA / Expert Group recommendations to be examined – recommend such

acquisition – as would ensure minimum displacement of people, minimum
disturbance to the infrastructure, ecology and minimum adverse impact on
the individuals affected – decision of the government to be made available in
the local language – same manner as discussed.

• Section 9 - Exemption from Social Impact Assessment.

• Urgency provisions – u/s 40 - appropriate Government may exempt
undertaking of the Social Impact Assessment study.
• Section 10 - Special provision to safeguard food security.
• No irrigated multi-cropped land shall be acquired under this Act unless
• that it is being done under exceptional circumstances, as a demonstrable
last resort.
• an equivalent area of land shall be developed for agricultural purposes /
equal amount of the value of the land - deposited with the govt for
investment in agriculture for enhanced food security
linear projects – an exemption.

• Section 10A - 2015 Amendment - Appropriate Government – may – notify – that

SIA provisions not to apply to the following projects:
• Projects vital to national security or defence of India
• Rural infrastructure / affordable housing / industrial corridors
• Infrastructure Projects – including PPP – where ownership is with the
Government.
• Proviso - Extent of land – to be kept to bare minimum

• Chapter IV – Notification and Acquisition:

• Section 11 – Publication of Notification

• Whenever, it appears - Appropriate Government - land in any area is
required or likely to be required for any public purpose – “Preliminary
Notification” to that effect along with details of the land to be acquired in
rural and urban areas shall be published:
• In the Official Gazette
• In two daily newspapers circulating in the locality of such area of which
one shall be in the regional language
• In the local language in the Panchayat, Municipality or Municipal
Corporation, as the case may be and in the offices of the District Collector,
the Sub-divisional Magistrate, and the Tehsil
• Uploaded on the website of the appropriate Government
 • In the affected areas, in such manner as may be prescribed.

• Nature of Public Purpose / reasons for displacement / SIA Summary –

Details of the Administrator for resettlement and rehabilitation – to be
included in the notification.
• No person shall make any transaction of land specified in the preliminary
notification or create any encumbrances on such land from the date of
publication.
• Exceptions to be allowed if approved by the Collector – Reasons recorded
• After issuance of preliminary notification - but before the issue of a
declaration under section 19 - the Collector shall - undertake and complete
the exercise of updating of land records as prescribed within a period of two
months.
• Section 12 – Preliminary survey of land and power of officers to carry out survey
• To help determine the extent of land needed to be acquired – it shall be
lawful for any officer authorized – to enter / survey / dig the soil / set out
boundaries / levels / clear the land / cut crops / cut fence etc.
• To be conducted in presence of the owner or person authorized by him – if
he does not turn up – even after a reasonable notice – 60 days – survey can
be done in absentia.
• Not to enter in to a building / dwelling house – without the consent of the
occupier - 7 days’ notice to do so.

• Section 13 – Pay for damages – if amount disputed – refer to the Collector – to be

final.

• Section 14. Lapse of Social Impact Assessment report.

• If preliminary notification is not issued within 12 months of appraisal of
SIA report – SIA lapses – to be freshly conducted.
• Government may extend period – justify reasons – extension to be notified.
• Section 15 – Hearing objections.
• Any person interested in any land notified – within 60 days of preliminary
notification – may object to:
• The area and suitability of land proposed to be acquired
• The justification offered for public purpose;
• The findings of the Social Impact Assessment report.
• Object in writing to the Collector - to be given opportunity to be heard – in
person or representative – report to Government – his recommendations on
the objections.
• Separate report containing - approximate cost of land acquisition - number
of affected families likely to be resettled / rehabilitated- for the decision of
that Government.
• Decision of the government – on the objections - to be final – Discuss.

• Section 16 - Rehabilitation and Resettlement Scheme.

• Administrator of RR – u/s 43 - to prepare the Rehabilitation and
Resettlement Scheme.
• Conduct a survey – census of affected families – including:
• particulars of lands and immovable properties being acquired of each
affected family
• livelihoods lost - whose livelihoods are primarily dependent on the lands
being acquired
• Public utilities / government properties / infrastructure facilities affected

• Based on survey – draft a Rehabilitation and Resettlement Scheme –

resettlement and rehabilitation entitlements – of each land owner – and of
those whose livelihoods are primarily dependent on the lands being acquired.

• It includes:
• a list of Government buildings to be provided in the Resettlement Area
 • details of the public amenities and infrastructural facilities which are to be
provided in the Resettlement Area – include the timelines for scheme
implementation.
• To be given wide publicity in the affected area – public hearing – submit
the scheme along with his report on the claims and objections raised in the
Public hearing to the Collector.

• Section 17 – Collector to review the Rehabilitation and Resettlement Scheme – to

submit the same with his suggestions to the Commissioner Rehabilitation and
Resettlement – u/s 44 - for his approval.

• Section 18 – Approved scheme to be published – in the manner discussed.

• Section 19 - Publication of declaration and summary.

• After considering the report – if the AG satisfied – that any particular land
is needed for a public purpose, a declaration shall be made to that effect
• Along with it - a declaration of an area identified as the “resettlement area”
– for resettlement of affected families.
• A summary of the Rehabilitation and Resettlement Scheme – to be
published along with the declaration.
• No declaration shall be made unless the Requiring Body deposits an
amount - in full or part - towards the cost of acquisition of the land.
Declaration to be published – in the manner as preliminary notification.
• Declaration to state – district / purpose / area
• Declaration – a conclusive evidence – land required for a public purpose
and - after making such declaration - Government may acquire the land.
• If no declaration made – withing 12 months – from the date of the
Preliminary notification – notification deemed to be rescinded – discuss stay
/ injunction / extension.

• Section 20 - Marking out / measurement of lands

• Section 21. Notice to persons interested:
• Collector - public notice – website / at convenient places / on or near the
land to be taken - stating that the Government intends to take possession of
the land - claims to compensations and rehabilitation and resettlement may
be made to him.
• Persons interested - to appear personally / representative - at a time and
place mentioned in the public notice - not being less than 30 days and not
more than 6 months after the date of publication of the notice - state the
nature of their respective interests in the land.
• Notice to occupier / agent authorized to receive service – on behalf of
interested persons - in case any such person interested resides elsewhere -
Collector shall ensure that the notice shall be sent to him by post in letter
addressed to him at his last known residence / business.

• Section 22. Collectors power to require and enforce the making of statements as to
names and interests – may require statements to be made – person possessing an
interest in the land – tenant / mortgagee - Discuss – implications:
• Legally bound to do so within the meaning of sections 175 and 176 of the
IPC

• Section 23: Enquiry and land acquisition award by Collector.

• Collector shall proceed to enquire into the objections (if any) which any
person interested has stated with respect to -
• Measurement / Area and Value of the land
• Respective interests of persons claiming compensation
• Respective interests of persons claiming resettlement and rehabilitation
• Shall make and award – True area / Compensation / Rehabilitation and
Resettlement Award and apportionment of compensation among persons

• Section 24: Sub Section 1 - Land acquisition process under Act No. 1 of 1894
shall be deemed to have lapsed in certain cases:
 • Notwithstanding anything contained in this Act - in any case of land
acquisition proceedings initiated under the Land Acquisition Act, 1894,
• (a) where no award has been made - under section 11 of the said Land
Acquisition Act - then all provisions of this Act relating to the determination
of compensation shall apply; or
• (b) where an award has been made - under said section 11 (1894 Act) - then
such proceedings shall continue under the provisions of the said Land
Acquisition Act, as if the said Act has not been repealed.

• Section 24: Sub Section 2 –

• In case of land acquisition proceedings initiated under the 1894 Act - where
an award has been made – u/s 11 of the 1894 Act - five years or more prior to
the commencement of this Act - but the physical possession of the land has
not been taken or the compensation has not been paid - the said proceedings
under the old Act - shall be deemed to have lapsed.
• The AG – if it so chooses, shall initiate the proceedings of such land
acquisition afresh in accordance with the provisions of this Act.
• Proviso - where an award has been made – under the old Act - and
compensation in respect of a majority of land holdings has not been
deposited in the account of the beneficiaries – then - all beneficiaries - shall
be entitled to compensation in accordance with the provisions of this Act.
• Proviso – 2015 amendment – stay / injunction period to be excluded.

•Case Law -Pune Municipal Corporation & Anr v Harakchand Misrimal Solanki &
Ors
• Discuss Facts / Issues / Contentions - Judgement
• Explaining what amounts to payment of compensation:
• The compensation may be said to have been “paid” within the meaning of
Section 24(2) when the Collector (or for that matter Land Acquisition
Officer) has discharged his obligation and deposited the amount of
compensation in court / made that amount available to the interested person.
 • The 1894 Act - being an expropriatory legislation - the procedure, mode,
and manner for payment of compensation are prescribed has to be strictly
followed.
• where a power is given to do a certain thing in a certain way, the thing
must be done in that way or not at all.
• WRT case:
• Since the 1894 Act provided for payment of compensation to interested
persons or deposit of compensation in the designated Court - Other methods
of performance are necessarily forbidden.
• It is clear that the award pertaining to the subject land has been made more
than five years prior to the commencement of the 2013 Act.
• The compensation so awarded has neither been paid to the
landowners/persons interested nor deposited in the court. The deposit of
compensation amount in the government treasury is of no avail and cannot
be held to be equivalent to compensation paid to the landowners/persons
interested.
• Land acquisition deemed to have lapsed as mandated by section 24.

• Case Law - Delhi Development Authority v. Kusham Jain

• Discuss Facts / Issues / Contentions – Judgement
• There was no evidence on record to show an offer of payment of money was
made to the land owner at the time of passing the Award.
• Neither – was there any evidence that after the Award was made, notice
was issued to the land owners requesting them to receive the compensation.
• Further – no evidence - that any effort was taken by the Land Acquisition
Collector - for disbursing the compensation to the land owners
• As per the scheme of acquisition - the money was to be deposited in the
treasury only after these steps had been under taken – which is not the case
here.
• Strangely, what is deposited in Court in the year 2013 is the amount in
terms of the Award passed in the year 1986, without any interest as provided
under the Act for the intervening period.
 • Deposit in the Court is permitted only in specified cases – which did not
exist in this case – Follow procedure to the “T” - Relied upon Pune
Municipal Corporation Judgement.
• To ensure third party interests - It is open to the appropriate Government, if
they choose so, to initiate proceedings for acquisition of such land afresh but
the only rider is that the acquisition should be in accordance with the
provisions under 2013 Act. – SC gave them a time period of 1 year to do so –
if they do not – return the physical possession to the land owners.
• Therefore, without prejudice to the liberty available to the appellant to
initiate steps afresh for acquisition of the subject land under the provisions of
the 2013 Act, this appeal is dismissed.

• The aftermath:
•Pune Municipal Corporation & Anr v Harakchand Misrimal Solanki & Ors-
was a 3 Judge Bench.
• In another case - Indore Development Authority v Shailendra - a Bench of
three Judges was of the view that the judgment in Pune Municipal
Corporation judgement did not consider several aspects relating to the
interpretation of Section 24 of the Act of 2013 – 2 judges opined prima facie
that decision appeared to be per incuriam.
• In yet another case - Indore Development Authority v Shyam Verma & Ors
- considered it appropriate to refer the matter to Hon’ble the Chief Justice of
India to refer the issues to be resolved by a larger Bench at the earliest – The
main contention - Compensation paid / “or” – should it be disjunctive or
conjunctive – should it be read as “and.” – Parliament divesting the State of
its Title - could that have been the legislative intent?
• This question answered in …..
• Case Law - Indore Development Authority v. Manoharlal and Others
• The word ‘or’ used in Section 24(2) between possession and compensation
has to be read as ‘nor’ or as ‘and’. The deemed lapse of land acquisition
proceedings under Section 24(2) of the Act of 2013 takes place where due to
inaction of authorities for five years or more prior to commencement of the
 said Act, the possession of land has not been taken nor compensation has
been paid. In other words, in case possession has been taken, compensation
has not been paid then there is no lapse. Similarly, if compensation has been
paid, possession has not been taken then there is no lapse.
• The provisions of Section 24(2) providing for a deemed lapse of
proceedings are applicable in case authorities have failed due to their
inaction to take possession and pay compensation for five years or more
before the Act of 2013 came into force.

• Section 25: Period within which an award shall be made:

• The Collector shall make an award within a period of twelve months from
the date of publication of the declaration under section 19 – else the entire
proceedings for the acquisition of the land shall lapse.
• Government may extend period – justify reasons – extension to be notified.

• Section 26: Determination of the Market Value –

• Collector to adopt the following criteria:
• the market value - as specified - for the registration of sale deeds or
agreements to sell - in the area where the land is situated, or
• the average sale price for similar type of land situated in the nearest
vicinity area, or – Discuss.
• Consented amount of compensation as agreed upon under - in case
of acquisition of lands for private entities / public private partnership
projects –
• whichever is higher

• Date for determination of MV - shall be the date of issue of notification u/s

11.
• Market value to be multiplied by a “factor” – First Schedule – Discuss
Shares as a means of payment.

• Section 27: Determination of compensation:

 • Collector after having determined the market value of the land - shall
calculate the total amount of compensation to be paid - by including all
assets attached to the land.

• Section 28: Parameters to be considered by Collector in determination of award:

• Market Value u/s 26.
• Damages sustained – standing crops etc / severance of land.
• If the person interested is compelled to change his residence or place of
business - the reasonable expenses incidental to such change.
• Diminution in the profits from the land – between publication of
declaration u/s 19 and taking possession.
• Any other ground which may be in the interest of equity, justice and
beneficial to the affected families.

• Section 29: Determination of value of things attached to land or building:

• Collector to determine such value – use services of a competent person –
engineer or any specialist in the relevant field.
• Value of trees and plants / standing crops - use services of a competent
person - agriculture, forestry, horticulture etc.

• Section 30: Awarding Solatium:

• The Collector – after having determined the total compensation to be paid –
shall - to arrive at the final award - impose a Solatium amount - equivalent to
100% of the compensation amount.
• It shall be in addition to the compensation payable.
• In addition - amount calculated at the rate of 12% p.a. on such market value
- from the date of the publication of the notification of the SIA - till the date
of the award / taking possession of the land - whichever is earlier.
• As per the First Schedule - Discuss.

• Section 31 - Rehabilitation and Resettlement Award for affected families by

Collector
 • Discuss Entitlements – Second Schedule.
• Collector to make a Rehabilitation and Resettlement Awards – to include –
• rehabilitation and resettlement amount payable - bank account number.
• Particulars of Home sites / houses allotted
• Particulars of Land allotted to displaced families
• Particulars of one time Subsistence Allowance / Artisans / traders -
allowance.
• Particulars of payments for Cattle Sheds / Petty Shops
• Compulsory Employment – at least 1 member of the affected family of the
farm labourer - Fishing Rights / Annuity
• Appropriate Government may, by notification increase the rate of
rehabilitation and resettlement amount payable to the affected families,
taking into account the rise in the price index.

• Section 32 - Provision of infrastructural amenities in resettlement area.

• Every resettlement area - minimum amenities specified in the Third
Schedule to be provided – Discuss

• Section 33 – Correction of Awards by the Collector:

• Clerical / Arithmetical Errors – not later than 6 months – from date of
award – either on own motion or application received.
• If to affect a person prejudicially – opportunity of being heard.
• Notice of correction to be given to all Persons Interested.
• Cases where excess amounts have already been paid – Discuss.

Section 34 - Adjournment of enquiry –The Collector may, for any cause he thinks
fit, from time to time adjourn the enquiry to a day to be fixed by him.

• Section 35 – Powers of the Collector - Powers of a Civil Court.

• Section 36 – Powers of Appropriate Government – call for records – for satisfying

itself as to the legality or propriety of findings / order / proceedings.
• Section 37 – Finality of Collectors Award
• Award once made - to be final - and a conclusive evidence - of the true area
and market value of the land and the assets attached thereto, solatium so
determined and the apportionment of the compensation among the persons
interested.
• A summary of the entire proceedings with respect to the acquisition of land
to be kept open and displayed to the public – website.
• Do I have a choice of not accepting this award?

• Section 38 – Possession of the land.

• Collector to take the possession of the land after making the full
• payment of compensation - within a period of three months – from
the date of award
• payment rehabilitation and resettlement entitlements – within a
period of six months for the monetary part of rehabilitation and
resettlement entitlements – from the date of award
• infrastructural entitlements shall be provided within a period of eighteen
months from the date of the award.
• The Collector shall be responsible for ensuring that the rehabilitation and
resettlement process is completed in all its aspects before displacing the
affected families.

. Section 39 – Additional compensation in case of multiple displacements.

• The Collector shall, as far as possible, not displace any family which has
already been displaced by the appropriate Government for the purpose of
acquisition under the provisions of this Act.
• If so displaced, shall pay an additional compensation equivalent to
that of the compensation determined under this Act for the second or
successive displacements.

• Section 40 – Special powers in case of urgency to acquire land in certain cases.

 • In cases of urgency – if AG directs so - on the expiration of thirty days from
the publication of the notice mentioned u/s 21 – notice to persons interested -
take possession of any land needed for a public purpose and such land shall
thereupon vest absolutely in the AG.
• To be restricted to –
• Minimum area required for the defence of India or National security, or
• For any emergencies arising out of natural calamities, or
• Any other emergency with the approval of Parliament.
• Possession of any building – not to be taken - without giving to the
occupier - at least forty-eight hours’ notice of intention to do so - or such
longer notice - as may be reasonably sufficient to enable such occupier to
remove his movable property from such building without unnecessary
inconvenience.
• Before taking possession – Shall pay 80% of the estimated compensation.
• AG may direct that any or all of the provisions of Chapter II to Chapter VI
– Sec 4 to Sec 47 - shall not apply - and, if it does so direct, a declaration
may be made under section 19 in respect of the land at any time after the date
of the publication of the preliminary notification under section 11.
An additional compensation of 75% - of the total compensation as
determined under section 27, shall be paid.
Proviso - no additional compensation will be required to be paid in
case the project is one that affects the sovereignty and integrity of
India, the security and strategic interests of the State or relations with
foreign States.

• Section 41 – Special provisions for Scheduled Castes and Scheduled Tribes.

• As far as possible, no acquisition of land shall be made in the Scheduled

Areas – to be done as a demonstrable last resort.
 • Prior approval of Gram sabha / Panchayat / Autonomous District
Councils - appropriate level - in the Scheduled Areas – under the 5th / 6th
Schedule of the Consti - including cases of urgency.
• If involves involuntary displacement – of SCs and STs - Special
provisions – development plan – procedure for settling rights / alternate
fuel – fodder – forest produce – on non-forest land – within 5 years – to
meet requirements of SCs and STs.
• At least 1/3rd compensation to ne paid - initially as a first installment.
• As far as possible - resettlement in the same scheduled area – enable
retain – ethnic / cultural and linguistic identities.
• Resettlement area to provide additional land – free of cost – for
community and social gatherings.
• Any alienation of tribal lands or lands belonging to members of the
Scheduled Castes in disregard of the laws and regulations for the time
being in force shall be treated as null and void.
• If the tribals had Fishing rights - shall be given fishing rights in the
reservoir area of the irrigation or hydel projects.
• If resettled outside the district – an additional 25% of the monetary
component of RR + 50k one time.

• Section 42 – Reservations / entitlements / benefits on relocations – all benefits in

affected area to continue in the resettlement area / Community rights – if any to
be compensated in monetary terms – proportionately.

• Section 75 – Apportionment:
• 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 – Disputes with regards 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 - the Collector
may refer such disputes to the Authority.

• Section 81 – Temporary occupation of waste / arable land - Apportionment:

• AG opines – that a temporary occupation and use of any waste or arable
land are needed for any public purpose – it 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.
• Collector to give notice – purpose why land needed / terms and
conditions / compensation / manner of payment – settle as agreed.
• In case they differ - sufficiency of the compensation or apportionment -
the Collector shall refer such difference to the decision of the Authority.

• Section 82 – Possession / Restoration

• On executing agreement – collector to take possession / use.
• On expiry of term – damages not provided for - to be compensated – and
restore the land.
• If permanently unfit for the purpose it was being used – if the interested
persons so require – AG shall acquire land – as if needed permanently for
a public purpose.

• Section 83 – In case of difference – condition of land – reference to Authority.

• Case Law - Kedarnath Yadav v State of West Bengal and others – The Singur
Case.

• Discuss Facts / Issues / Contentions – Judgement

• Justice Gowda Held - Section 3(f) of the L.A. Act, which defines what
public purpose is for the purpose of acquisition of land, clearly indicates
 that the acquisition of land for companies is not covered within the public
purpose. Here land acquired for a particular company – if state would
have acquired it for an industrial estate – it would have been an different
story.
• There seems to be no application of mind either at the stage of issuance
of the notification under Section 4 of the L.A. Act, or the report of
Collector under Section 5-A (2) of the L.A. Act or the issuance of the final
notification under Section 6 of the L.A. Act. Such an acquisition, if
allowed to sustain, would lead to the attempt to justify any and every
acquisition of land of the most vulnerable sections of the society in the
name of ‘public purpose’ to promote socio-economic development.
• The contention advanced by the learned senior counsel appearing on
behalf of TML that the acquisition in the instant case is one for public
purpose as the funds for same have come from public revenue, also
cannot be accepted. Thus, the acquisition in the instant case cannot be
said to be one for ‘public purpose’.
• The acquisition of land in the instant case in favour of the Company is
thus, improper for not following the mandatory procedure prescribed
under Part VII of the L.A. Act and Rules and therefore the acquisition
proceedings are liable to be quashed…. It is also a well settled principle
of law that if the manner of doing a particular act is prescribed under
any statute the act must be done in that manner or not at all.
• The acquisition of land of the landowners/cultivators in the instant case
is declared as illegal and void.
• Let possession of the lands be restored to the landowners/cultivators
within 12 weeks from the date of receipt of the copy of this judgment and
order.
• The compensation which has already been paid to the land
owners/cultivators shall not be recovered by the state government as they
have been deprived of the occupation and enjoyment of their lands for the
last ten year.
• Justice Mishra – differed on the public purpose part – Discuss.