The Right to Fair Compensation

& Transparency in Land

Acquisition, Rehabilitation and
Resettlement Act 2013

Act 30 of 2013
W.e.f. 26th September 2013
 Thought for the Day
Likes received for SELF is more
important than likes received for
SELFIE..
And for that, more ACTUAL
relations are required than those
of VIRTUAL.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 2
 Object of the Act
 An Act to ensure,
 In consultation with institutions of local
self-government and Gram Sabhas
established under the Constitution,
 a humane,
 participative,
 informed and
 transparent process for land acquisition

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 3
 For industrialization,
industrialization development of essential
infrastructural facilities and urbanization with..
 the least disturbance to the owners of the

land and other affected families

 and to 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

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 4
 and make adequate provisions for such
affected persons for
 their rehabilitation and
 resettlement and
 for 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 and for
matters connected therewith or incidental thereto.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 5
 Reasons for New Law
1. Public Concern
Heightened public concern on Land

Acquisition issues
Absence of a national law to provide

for the rehabilitation & resettlement

and compensation for loss of
livelihoods
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 6
2. Outdated Law
While multiple amendments have

been made to the Original Act, the

principal law continued to be the
same i.e. the British enacted Land
Acquisition Act of 1894

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 7
3. Need for Balance
Addressing concerns of farmers and

those whose livelihoods are dependent

on the land being acquired
While facilitating land acquisition for

industrialization, infrastructure and

urbanization
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 8
 Reasons for Combined
Law
 Land Acquisition and
Rehabilitation & Resettlement
need to be seen necessarily as
two sides of the same coin

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 9
 Rehabilitation and Resettlement
must necessarily follow after
acquisition of land

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 10
 Not combining the two – R&R
and land acquisition – within
one law, risks neglect of R&R.
This is felt by experiences.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 11
 This is the First National/
Central Law on the subject of
Rehabilitation & Resettlement of
families affected and displaced
as a result of land acquisition

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 12
 Scope of the Act
Both LA and R&R Provisions will apply
when:
1.Government acquires land for its own use, hold
and control
2.Government acquires land with the ultimate
purpose to transfer it for the use of private
companies for stated public purpose
3.Government acquires land for Public Private
Partnership Projects
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 13
 Provided that..
 Public purpose, once stated,
cannot be changed

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 14
 Provided further that..
 Land Acquisition for transfer to
companies can take place provided
that the consent of 80% of the
affected families is obtained.
 Land Acquisition under PPP Projects
can take place provided consent of
70 % of affected families is obtained.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 15
Public Purposes under the
Act – Sec. 2(1)
 (1) Land for strategic purposes
relating to..
 armed forces,
 national security or defense,

 police,

 safety of the people

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 16
 (2) Land for infrastructure including..
 items listed in circular of Government of
India, Department of Economic Affairs
(Infrastructure Section) number
13/6/2009-INF dated the 27th March, 2012
 Excluding..
 Private hospitals, private educational
institutions and private hotels
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 17
 Public Purposes
 Projects involving..
 Agro-processing,
 supply of inputs to agriculture,
 warehousing,
 cold storage facilities,
 marketing infrastructure for agriculture and
 allied activities such dairy, fisheries, and
meat processing.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 18
 Public Purposes
 projects for..
 industrial corridors or
 mining activities,
 national investment and manufacturing zones
as designated in the national manufacturing
Policy;
 project for water harvesting and water
conservation structures,
 sanitation
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 19
 Public Purposes
 Project for Government administered and
government aided educational and research
schemes or institutions;
 Project for..
 sports,
 health care,
 tourism,
 transportation,
 space programme,
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 20
 Public Purposes
 Any infrastructure facility as may be
notified in this regard by the Central
Government and after tabling of such
notification in Parliament

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 21
 Public Purposes
 Land for the project affected people
 Land for planned development or
improvement of village or urban sites or
for residential purpose to weaker sections;
 Land for persons residing in areas affected
by natural calamities or displaced

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 22
 Chapter II
Determination of Social Impact and
Public Purpose

 A – Preliminary Investigation For

Determining of Social Impact & Public
Purpose (Sec. 4, 5 & 6)
 B – Appraisal of Social Impact
Assessment Report by an Expert Group
(Sec. 7, 8 & 9)

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 23
Sec. 4 – Preparation of Social
Impact Assessment Study
 Consultation of Panchayat, Municipality
or Municipal Corporation for preparation
of Study
 Issuance of Notification for the same in
local language - Publication
 Study shall be completed within 6
months
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 24
 Contents of SIAS
 Serving of public purpose
 Estimation of affected families – No. of families
going to be displaced
 Extent of lands, public & private houses, and
other common properties to be affected
 Checking whether the land is absolute bare
minimum necessity?
 Availability of acquisition at alternate place
 Social Impacts of Projects – Cost and Benefits
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 25
 Factors to be considered
 Livelihood of affected families,
 Public and community properties,
 Assets and infrastructure particularly..
 Roads,
 public transport,
 Drainage
 Sanitation
 Drinking Water,
 Ponds
 Grazing land etc..

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 26
 EIA can be simultaneously carried on
along with SIA as and when required
for project.
 Submission of Social Impact
Assessment Plan - SIAP

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 27
 Affected Families? Sec. 3(c)
 Family whose land or other immovable property has been
acquired
 Family not owning land but member of family of agricultural
labourers, tenants, working in affected area for 3 years prior
to acquisition – primary source of livelihood affected
 ST & TFD having forest rights in land
 Families whose primary source of livelihood depends upon
forest and water bodies
 Member who has been assigned land by Govt. under any
scheme
 Family residing on any land in urban areas for 3 years or more –
primary source of livelihood is affected by acquisition
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 28
 Section. 5 – Public Hearing
 Govt. shall ensure the public hearing of
SIAP after giving proper publicity

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 29
 Section 6 - Publication
 Social Assessment Study Report and Plan to
be published – In affected areas as well as on
websites.
 Proviso – in respect of irrigation
projects where EIA is required under
any existing law, provisions of SIA shall
not apply.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 30
 Appraisal of Social Impact
Assessment Report by Expert Group

 Section 7 – Appraisal shall be made by

expert Group.
 Recommendation within two months

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 31
 Expert Group Members
 Two Non-Official Social Scientists
 Two representatives of Local Self. Govt.
 Two experts on Rehabilitation
 A technical expert in the project

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 32
 Point to be noted…
 Group may give opinion in writing within two
months if –
 Project does not serve public purpose
 Social Costs and adverse Social Impacts of the project
outweigh potential benefits
 Govt. may proceed for acquisition inspite of such
recommendation by recording reasons in writing .
 Recommendations shall be made available to
stakeholders

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 33
 Examination of SIAR By
Govt.
 Section – 8: Examination of SIAR submitted
by Collector after ensuring..
 Legitimate & Bonafide public interest
 Cost & Benefits provided
 Minimum required area of land
 Maximum utilization of land
 Examination report to be published & made
available to the stake holders

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 34
 Exemption of Social Impact
Assessment
 Section – 9: When land is to be
acquired by invoking urgency
clause u/s 40.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 35
 Special Provisions for Food
Security
 Section – 10: No irrigated multi-cropped
land shall be acquired under the Act. –
Subject to exemptions:
 Exceptional Circumstances as last resort.
 Equivalent area of culturable wasteland shall
be developed for agricultural purpose or
 Equivalent amount shall be deposited with
Govt.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 36
 Exceptions
 These provisions shall not apply in case
of projects that are linear in nature such
as
 railways,
 highways,
 major district roads,
 irrigation canals,
 power lines etc.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 37
 Publication of Preliminary
Notification
 Section – 11: Publication shall be made
in..
 Official Gazette
 Two Daily News papers – One in Local
Language
 In area of Local Self Govt.
 Website
 In affected areas.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 38
 Local Govt. Shall be informed about
notification
 Statement of Nature of Public Purpose
must be included.
 Ban on transaction of any nature in
respect of land after notification.
 Land Records shall be updated within 2
months.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 39
Preliminary Survey – Sec. 12
 By Govt. Servants and Workers for..
 Entering on land
 Digging bore in sub-soil
 Doing all necessary acts
 Setting Boundaries
 Marking and fencing.
 Cutting Trenches

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 40
 No such acts in absence of the land
owners or representatives
 May be in absence if reasonable opportunity is
given by notice of at least 60 days.
 For entry in any building or garden of
dwelling house, seven days prior notice
must be given.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 41
 Payment of Damages
 Section – 13: Damages shall be
paid for any work done under sec.
12

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 42
 Lapse of Social Impact
Assessment Report – Sec. 14
 By not publishing preliminary
notification u/s 11 within 12 months of
submission of SIAR
 SIAR Shall be deemed to be lapsed.
 Fresh procedure to be carried on.
 Govt. may extend this period for 12 months on
reasonable justification.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 43
 Hearing of Objection –
Sec. 15
 Objection by any interested person within 60
days of Publication of PN u/s 11.
 Area and suitability of land
 Justification for Public Purpose
 Findings of SIAR
 Objection in Writing
 Opportunity to be heard in persona or
through advocate.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 44
 Rehabilitation & Resettlement
Scheme Preparation – Sec. 16
 After Publication of Preliminary Notification.
 Survey by Administrators of R&R including..
 Particulars of land and movables
 Loss of livelihood of people
 Affected public utilities and govt. buildings
 Affected amenities and infrastructural facilities

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 45
 Preparation of Draft Rehabilitation &
Resettlement Scheme – Sec. 16(2)
 Publication – Sec. 16(4)
 Public Hearing – Sec.16(5)
 Public Hearing in each and every
Gramsabha and Municipality.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 46
Review and Approval of R&R
Scheme
 Sec.17 – Review of Draft Scheme
by collector.
 Sec.18 – Approval of Scheme by
Commissioner.
 Publication of Approved scheme in
local languages
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 47
 Final Declaration of Land
Acquisition (Sec. 6 of Old Act)
 Section – 19: Publication of Final
Declaration of intention of acquisition of
land by the Government
 Along with “Resettlement Area.”
 Publication in same was as made earlier.
 No publication unless requiring body
deposit amount within 12 months for the
cost of acquisition.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 48
 Final Measurement
 Section – 20: Measurement and
Marking of land by Collector.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 49
 Notice to Interested Parties
 Section – 21: Notice of possession
 By collector on website and public notice at
convenient places near land
 For Claiming compensation &
rehabilitation & resettlement
 Within 30 days to maximum 6 months.
 If person resides elsewhere, the notice by post
and publication in 2 national daily newspapers and
on website.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 50
 Enquiry & Award
 Section – 23: Final Enquiry by
the collector and payment of
compensation as described in
section 27.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 51
 Land Acquisition process under Act
1894 shall be deemed to be lapsed in
certain cases – Sec. 24

 Where no award has been made

u/s 11 of old act,
 When award has been made, all
proceedings shall apply as if the act
has not been repealed.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 52
 Notwithstanding anything in previous
clause, when award has been made 5
years prior to commencement of new
act, but,
 Possession is not taken or
 Compensation is not paid,
 Said proceedings shall be deemed to have
been lapsed.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 53
 Section – 25: Award to be made within
12 Months from the date of publication
of final declaration.
 Failing to this, the entire proceedings
shall be lapsed.
 Govt. may extend the period with
proper justification.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 54
 Criteria to Determine
Market Value
 Section – 26: Calculation of Market
Value
 Section – 27: Calculation of
compensation.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 55
 Market Value Calculations –
Sec. 26
 Highest Value shall be consider from:
 Market Value, if specified under the Indian Stamp Act
1899 for Sale Deed Registration
 Average Sale Price for similar type of land in the
nearest village or nearest vicinity
 Consented amount agreed for land acquisition for
Private Companies or PPP Projects
 Date to be considered – Preliminary
Notification u/s 11
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 56
 Criteria to decide award
 Section – 28: Parameters to be considered in
determination of award
 Market Value – As per section 26
 Damage to Standing Crops & Trees
 Damage at the time of taking possession
 Damage to other properties
 Sufferings for changing business of residence.
 Damage for the period between publication and
award/possession
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 57
Determining the value of immovable
attached to earth – Sec. 29

 Services of competent engineer – For

immovable property
 Services of experienced person in the
field of agriculture, forestry, horticulture –
For Trees and Plants
 Services of experienced person in the
field of agriculture – For Standing Crops

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 58
 Payment of Solatium
 Section – 30: Collector 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.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 59
 Solatium amount – in addition to
the compensation payable.
 Sec. 30 (3) – In addition to the Market
Value, amount of 12% per annum of
M.V – For period from SIAS to Award /
Possession whichever is earlier.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 60
 Rehabilitation and Resettlement
Award for the affected Families –
Sec. 31

 Collector shall pass R&R awards for

each affected family in terms of the
entitlements as per Schedule II
 Details to be incorporated in award
– 31(2)

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 61
Schedule II – R&R Elements
1. Housing Units 7. Cattle Shed / petty
2. Land for Land shops cost
3. Offer for Developed 8. One time artisan, small
Land traders grant
4. Choice of Annuity or 9. Fishing Rights
Employment 10. One time resettlement
5. Subsistence Grant for 1 allowance
year 11. Stamp duty &
6. Transportation Cost Registration Fees

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 62
 1. Housing Unit
 Loss of House in Rural Area – House as
per Indira Awas Scheme,
 Loss of House in Urban Area –
Constructed house not less than 50 square
meters area
 Also applicable to person residing in
acquired area for not less than 3 years &
displaced.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 63
 If in Urban area, house not accepted, one
time financial assistance for Rs. 150000/-
and in rural area, equivalent cost of the
house to be offerred.
 No more than one house per family.
 May be in multistoried buildings in urban
area.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 64
 2. Land for Land
 In case of irrigation project, in lieu of
acquired land, each affected families
losing agricultural land – To be offered
minimum of 1 Acres of land
 In case of SC/ ST, equivalent land or
2.5 Acres of land – Whichever is lower.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 65
 3. Offer for Developed Land
 In case of urbanisation purpose, 20%
land shall be reserved for affected
families – To be given in proportion of
their land area.
 If this offer is availed, equivalent
amount shall be deducted from
compensation package.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 66
 4. Choice of Annuity or
Employment
 Options available to the affected
families:
 Job to 1 Family member after training at
not less than minimum wages amount OR
 One time payment of Rs. 500000/- OR
 Annuity Policy that shall pay not less than
2000/- per month to each family for 20
years
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 67
 5. Subsistence Grant for
Displaced for 1 year
 Each affected family in displaced area to
be given grant of Rs. 3000/- for 1 year.
 Additionally, SC / ST people to be given
50000/-
 If displacement is in Scheduled areas,
the relocation shall be in similar
ecological zones.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 68
 6. Transportation Cost
 Each affected family in displaced
area to be given one time financial
assistance for Rs. 50000/- towards
transportation cost for shifting
family, materials, belonging and
cattle

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 69
 7. Cattle Shed / Petty
Shops Cost
 Effected Family having any cattle
shed or petty shops – to be given
one time financial assistance for Rs.
25000/- towards its reconstruction.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 70
 8. Grant to Artisan, Small
traders
 Each effected family of artisan /
self employed person having non-
agricultural land / commercial
structure – involuntarily displaced
from the affected area to be given
one time financial assistance for Rs.
25000/-
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 71
 9. Fishing Rights
 In case of irrigation or hydel
projects
 Affected families may be allowed
fishing rights in the reservoir.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 72
 10. One time Resettlement
Allowance
 Each affected Family shall be given
a one time Resettlement Allowance
for Rs. 50000/-

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 73
 11. Stamp Duty &
Registration Fees
 All such amount shall be paid by
acquiring body only.
 Land for house shall be free from
all encumbrances
 Land or house may be in joint
names of wife and husband.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 74
 Sec. 32, Schedule III
 Rehabilitation and Resettlement of
populations, various infrastructural
facilities along with minimum basic
amenities to be provided:

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 75
 Various Facilities
1. Roads within the resettled villages linked to
nearest pucca roads.
2. Proper drainage and sanitation plants
3. One or more assured source of safe
drinking water
4. Drinking water for cattle
5. Grazing land as per State Govt. norms
6. Fair Price Shops
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 76
7. Panchayat House
8. Village Level post office
9. Seed cum fertilizer storage facility
10. Basic Irrigation Facilities
11. Suitable Transportation Facilities for
new villages
12. Burial or Cremation Ground as per
communities
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 77
13. Sanitation facilities along with individual
toilet points
14. Proper Electrification
15. Anganwadis for Children and Mothers
16. Schools as per RTE Provisions
17. Sub-health Centre within 2 k.m. range
18. Primary health Centre
19. Playground for Children
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 78
20. One community Centre for every 100
families
21. Places for worship as per community
22. Separate land for traditional tribal institutions
23. Forest Rights to the forest dwelling people
for livelihood
24. Proper security arrangement
25. Veterinary Services Centre

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 79
Urgency Provisions – Sec. 40
 Sec. 40 (1) - In case of Urgency,
the possession of land may be
taken even without passing an
award, on expiry of 30 days of
notice publication u/s 21.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 80
 Sec. 40 (2) Such powers shall be
restricted to minimum required land
area for..
 Defence of India
 National Security
 Emergency arising out of natural calamities
 Any other Emergency with approval of
Parliament.
© Dr. Hardik Parikh, Asst. Prof. of
Law, GNLU 81
 No possession shall be taken of any
building without giving 48 hours notice
or any longer duration for removal of
movables from it.
 Sec. 40 (3) – Before taking possession,
80% compensation shall be paid.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 82
 Exemption from SIA
 Sec. 40 (4) – In case of urgency,
the Govt. may direct that all the
provisions of Chapter II to VI shall
not apply.
 For such instance, a declaration
may be made u/s 19.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 83
 Sec. 40 (5) – In case of urgency, an
additional compensation at the rate of 75%
of the total compensation shall be paid
 However, no such additional compensation
shall be paid in case of projects.
 Affecting Sovereignty and Integrity of India
 Security and Strategic Interests of the States or
relation with Foreign States

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 84
Sp. Provisions for Scheduled
Areas – Sec. 41
 No acquisition as far as possible.
 In case of acquisition from SC / ST,
1/3 amount of compensation shall
be paid initially before taking
possession.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 85
 SC / ST community to get all the
reservation benefits as directed by
appropriate government – Sec. 42

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 86
 R & R Committee at Project
Level – Sec. 45
 In case of acquisition for more than
100 Acres of land, R&R
Committee under the chairmanship
of collector is must.

© Dr. Hardik Parikh, Asst. Prof. of

Law, GNLU 87
 Members
 Woman Representative
 SC / ST Representative
 Representative of Voluntary Organisation
 Nationalised Bank
 Land Acquisition Officer
 Chairpersons of Panchayat / Municipalities
 District Planning Committee Member
 MP & MLA of concerned area
 Requiring Body Representative
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 Chapter VII
 Provisions for National Monitoring
Committee for R & R in case of
inter-state acquisition projects.
 Representation by concerned
ministries for follow - ups

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Law, GNLU 89
 Chapter VIII
 Provisions for Establishment of
Land Acquisition, R & R
Authority for the Speedy Disposal
of Disputes arising out of any
reasons.

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 Presiding Officer – District Judge
or Qualified Legal Practitioner for
not less than 7 years.
 Appointment with consultation with
CJ of High Court – Sec. 53

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Law, GNLU 91
 No order shall be questioned
passed by Authority on ground
of composition – Sec. 59
 Authority shall have all the powers
of Civil Courts – Sec. 60

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Law, GNLU 92
 Bar on Jurisdiction
 No Civil Courts (Other than High Courts
u/s 226 or 227) shall have jurisdiction
to entertain any dispute relating to land
acquisition in which collector or
authority is empowered under this act –
Sec. 63

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Law, GNLU 93
 Redetermination of
Compensation – Sec. 73.
 In case where authority awards higher
amount of compensation against collector’s
order,
 Persons covered under the same notification,
who could not make application to collector
on time,
 May apply to the authority for
redetermination of award within 3 months

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Law, GNLU 94
 Chapter XII – Offences and
Penalties
 Sec. 84 - Punishment for
 Providing false/misleading information
 Submission of False Documents
 Availing false R&R benefits / Claim
 Disciplinary action against Govt. Servant
who is involved in any offence.

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Law, GNLU 95
Offence by Govt. Department
Sec. 87
 Where an offence under this act
has been committed by any
department of the Govt., the HOD
shall be deemed to be guilty of
the offence and shall be liable to be
proceeded for punishment
accordingly.
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Law, GNLU 96
 Offence to be non-cognizable –
Sec. 89
 Cognizance only on a written
complaint by collector – Sec. 90

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Law, GNLU 97
 Sec. 96 – No income tax or stamp
duty shall be levied on any award or
agreement made under this act
 No any fees to be paid for availing any
copy of the award.

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Law, GNLU 98
Provisions to return the land
Sec. 101
 When, any land acquired under this act
remains unutilized for the period of
five years from the date of taking over
the possession, the same shall be
returned to the original owners or to
their legal heirs

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Law, GNLU 99
 Difference of price of land when
transferred on higher consideration
– Sec. 102

 When, the ownership of acquired

land is transferred to any person
without any development on the
land, 40% of the appreciated
value shall be shared with the
original owners within 5 years of
acquisition.
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Law, GNLU 100
 Acquisition or Lease
option
 Sec. 104 – The appropriate Govt. may
take the land on lease instead of
acquisition for any public purpose.

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 Exemptions of this Act
 Sec. 105 – Subject to Sub Section
(3), the provision of this act shall
not apply to any enactment relating
to land acquisition as specified in
the forth schedule

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